Mario2008

If you have a son and you bring her to the states for him to be born you are screwing him because he will never be able to live in Thailand as a %100 Thai. If he is born in Thailand you can always get him US citizenship later but he will never be able to get Thai citizenship.

The baby has a Thai mother and will get Thai nationality because of that upon birth.

A foreigner wanting to get marreid in Thailand needs to contact it's embassy and ask for a letter of confirmation to get married. (each embassy has a different name for it). This document needs to be translated into Thai and then legalised by the Thai foreign ministry (department of cosular affairs) in Bangkok. With the legalised document you can go to any amphur to get married.

If you had a previous marriage and are divorced you might need to have your deviroce papers translated. Not sure about this requirement, it might be that this is no longer necesarry. You will need to contact your embassy any way, to see which documents they require to give you the letter of confirmation, so ask them.

You just make a sworn statement, no proof needed. Immigration nows that the US just demands a sworn statement and can ask you for some proof themselves. It would be nice to have some proof to show them, if they ask.

Your income will be conveted to Thai baht and needs to be 65,000 a month. However a combination of income and money in a Thai bank is also allowed.

The naming on the birtcertificate is not enough. There was a Dutch national about 6 weeks ago who also had the birthcertificate arranged by the hospital. It didn't count as a legitimisation before Thai law and subsequently his children didn't get Dutch nationality. You have to be the one registering the child in order to legitimise the child. Maybe the UK-government doesn't require this and with British law you would have no problem, but you are living in Thailand. Right now the mother has sole custody over the children under Thai law.

Don't forget that the 90 day reporting can be done by mail in BKK and many other immigration offices.

4 years...so uninterupted for over 3....why not go for the residency....

He is no longer employed, so he doesn't pay taxes and doesn't qualify for residency. Also he now no longer is on yearly extensions. (Unless he apllied early and his permission to stay based on marriage hasn't expired yet. Then he might be able to apply and given extenions of stay will the applicaiton is under considereation, which would give him time to find a new job).

Don't forget, if he want to enter Thailand with without visa (visa on arrival) he needs a valid ticket out of Thailand or could get trouble checking in. It's not enforced strictly but could happen.

He is German and doesn't qualify and need a visa on arrival. What you are refering to is a visa exempt entry, for which he qualifies. A visa on arrival and a visa exempt entry are 2 different things altogether.

Agree with neion, and not to mention the re-entry permit you will need to keep your permission to stay alive.

You will have to apply for a new passport. Don't think immigration will transfer your permission to stay to another passport, only to a new passport from the same country.

Muliple non-immigrant visa's don't count towards the 3 years needed for permanent residency. You have to stay 3 years on extension of stays in Thailand for that. Also you paying taxes in Thailand would be an important factor.

For more information read the tread about permament residency: http://www.thaivisa.com/forum/Camerata-s-G...ide-t74654.html

A non-O is valid for 90 days and can be extended in Thailand it self to one year.

For the rules for an extention: http://www.immigration.go.th/nov2004/2notice/rtp606EN.pdf

A multiple non-O gives you the right to have an unlimited entries into Thailand during a year, starting from the date it was issued. Each entry gives you 90 days, after which you must leave Thailand but can come back the same day. By going ove the border and coming back again 1 or 2 days before the visa expires you get an extra 90 days and so in fact you can stay a total of 15 months in Thailand.

Edit:

with a multiple non-O you can come and go as you want. With a single and when you are on an extention you would need to get a re-entry permit in order to keep your period you are permitted to stay alive.

You went to the right office and since you now have a different visa I don't think other immigration offices will overrule Suan Plu's decision.

There is the possibilty of submitting your case to the commisioner of the immigration bureau. If that is wise, I can't tell you. Someone with more knowledge and expeirence them me might be able to tell you that. It is a last resort option and in case you make use of it I would make use of a good law office with the needed contacts.

As said above, with a visa there is no need for a return ticket.

Saorsa has been very lucky sofar, but can be denied boarding or denied entry upon arrival in Thailand. Immigration rearly checks, and some airlines are also not doing any checking. But a lot of airlines do, as it is required of them and they will face a fine and the cost of transporting you back if you don't have a ticket out of Thailand or a visa.

Apply for a double entry tourist visa.

A tourist visa allows you to enter for 60 days, which can be extended by 30 days. After that you can leave Thailand and come back again for the second entry of 60 days + 30, giving you almost 180 days.

Note that you have to make use of the visa within 3 months of the date issued, for both entries. So don't apply to early.

After you have used up the visa you can always get a 30 day entrie without a visa. You can have a total of 90 days within a 6 month period on these visa exempt entries.

If you are on an extension of stay you no longer are permitted to stay.

As to how they could find out: Your former employer could tell them, later you might need to show tax records you don't have and when applying for a new WP and visa or extension of stay questions could be asked.

Up to you to take the risk.

The website is:

http://www.mfa.go.th/web/2482.php?id=2489

Very different reading re the 400k; I understand that Sunbelt's translation is more accurate.

Correct, sunbelts is the best regarding this. But in this case BKKexplorer is grandfathered and can make use of the 400,000 baht rule. (He want to convert from 40,000 a month to 400,000 on the bank).

As ubonjoe said,no prblem getting a (tourist) visa.

The 90 day in a 6 month period rule only applies to visa exempt entries, the 30 day stamps you get when you arrive without a visa. The rule doesn't apply to or in combination with a visa.

There are indeed human rights issues here. And I believe that some practises of Thai immigration law go against human rights. In particular the convention on civil an political rights and the convention on the rights of the child give some openings to persons married to a Thai national or who have a Thai child.

However Thailand is just in a beginning proces regarding it's human rights. There is a human rights commision, but it lacks teeth as it can't go to court but only makes reports and send them to parliament.

The Thai administrative court is reletively new, but becoming popular under Thais and looks promising.

One should consider that the present human rights protection one recieves in the US and Europe didn't just come in one day. It took quite some time en started very slowly to in the 1960's. Thailand will need it's time as well.

You are not the father under Thai law if you are not the one who registered the baby yourself.

Not knowing about about UK law, but it seems you claimed to be the father under UK law, as of the UK passport. If the baby was born in the UK, it wouldn't be a problem. The Thai government would recognize that your claim under UK law. The child was however born in Thailand, I'm not sure if the Thai government would recognize your claim under UK law in that case as it would be logical to have complied with local (Thai) law.

I don't know what Thai law states in this case and how you can recognize the child as yours under Thai law if need be. I know it is possbible, but don't know if you could do it at the amphur or need to go to court. Most countries know 2 ways, ther first is the possibility of you recognizing the child. The second is a paternity suit, by the mother or child. The way you do things could have consequences.

(For example under Dutch law the recognizion works from the moment you recognize the child, where as the paternity suit where the court determines who the father is works from the moment of birth. That could matter in the case of entitlement to an inheritence or to determine the moment the child gets the fathers nationality. The last is already no problem in your case)

You could either ask your embassy or one of the forum sponsers, like Isaan Lawyers.

Man, what are you talking about?

90% of Thai couples upcountry have NEVER been married, what happens to all those childen? Banned from schools, health system, "illegitimate"...?

I was not in Thailand when our child was born, what issues am I having without noticing them happening to me?

In daily live it would not be a problem, certainly not in Thailand. But it will in legal matters, as the mother will have sole costudy over the child and there the father has no legal family ties with the child.

Illegitimate doesn't mean a child is illegal. It means that the child is born out of wedlock and has no legal father.

Lopburi has taken a break for personal reasons.

We hope to see him back soon.

The sooner the better. He is sorely missed.

I wish him luck in whatever he is doing.

I second the above statement!

TV is just not the same without Lopburi around.

opalhort

Can't argue with that. Good luck to Lopburi3!

I disagree with that as that they are talking about to different options, which indeed there are. But Ubonjoe seems to think that for the 60 day extension based on visiting your Thai wife you need to get a change of visa and at least 21 days left on your permission to stay stamp. I side with Lite Beer that that is not necesary.

You are not the father under Thai law if you are not the one who registered the baby yourself.

Not knowing about about UK law, but it seems you claimed to be the father under UK law, as of the UK passport. If the baby was born in the UK, it wouldn't be a problem. The Thai government would recognize that your claim under UK law. The child was however born in Thailand, I'm not sure if the Thai government would recognize your claim under UK law in that case as it would be logical to have complied with local (Thai) law.

I don't know what Thai law states in this case and how you can recognize the child as yours under Thai law if need be. I know it is possbible, but don't know if you could do it at the amphur or need to go to court. Most countries know 2 ways, ther first is the possibility of you recognizing the child. The second is a paternity suit, by the mother or child. The way you do things could have consequences.

(For example under Dutch law the recognizion works from the moment you recognize the child, where as the paternity suit where the court determines who the father is works from the moment of birth. That could matter in the case of entitlement to an inheritence or to determine the moment the child gets the fathers nationality. The last is already no problem in your case)

You could either ask your embassy or one of the forum sponsers, like Isaan Lawyers.

It is handy to have a letter from your wife asking you to be given a visa.

Article 1547 of the Thai Civil Code states:

"A child born of the parents who are not married to each other is legitimated by the subsequent marriage of the parents, or by registration made on application by the father, or by a judgment of the Court."

Being named on the BC is not enough.

Read the original posting. "I am an English girl with Thai boyfriend".

The boyfriend is Thai, not the mother and that makes all the difference.

I understand your points but can I clarify something. Are you saying that whilst an unmarried Thai mother can pass on Thai nationality, an unmarried Thai father (with non Thai mother) cannot unless registered with the amphur ?

So in my case, UK father, Thai mother, unmarried, what woud be gained from this registration, if indeed a non Thai father can actually register the birth with the amphur ?

When a baby is born, the mother is known. If the mother is Thai the child will also have Thai nationality. When the parents are married, the law will assume that the husband is the father of the baby and so if the father is Thai and the wife a foreigner the child gets Thai nationailty because of the father.

In the OP's case the mother is a foreigner and not married. The law can not make an assumtion about who the father is. The father can be named on te birth certificate, but that is not enough. The person registering makes a statement about who the father is, but that can be without the person being named father knowing that. That is why the father must claim he is the father. If the father is the one who registerred the birth he makes that claim and no problem. In the OP's case than the father is a Thai national and so is the child.

Understand that UK law will be different from Thai law and I don't know much regarding UK law on this. But it seems you already recognized the child as yours under British law and the child is a British national, because of the mother the child already has Thai nationality.

Living in Thailand if you only registered the child with your embassy it wouldn't hurt to have the child also recognized under Thai law, but your embassy can tell you if that is necesarry.

Hope this clarifies your questions, otherwise just ask.

Yep, I agree with Lite Beer.