Lao citizen having 2 childen in Thailand-staying???

[glegolo]

Hi, In my extended thai-family I have a couple where the lady is a Lao citizen. She has 2 children together with a familie-member of mine (thai). So far what I did hear she is going out the country to Laos every 90 day.....

 

Now they did ask my wife about this situation. I know the rules and laws somewhat when it comes to falang guys married or not married to a thailady and having children. But the otherway around?????

 

Is it not possible for her to stay here here in Thailand on "extension" based on having children in Thailand?? I am not aware of all details, but I did ask and was told that the children was born in Thailand and both of them are stated as parents to their 2 children in the official birth-documents...

 

I would love to have your help in this, in order for me to inform this family how to act, and even maybe be able to have a extension based on thai children, or if that is not possible, are there any other ways to deal with this...except that very tiresome way of going out of the country every 90 day.... The Lao-lady has been doing this for some 13 years now,, strange buth true....

 

Plse help....

 

Glegolo 

[BritTim]

I believe someone with a Thai husband can get an extension to stay based on the Thai spouse, as long as they are living together. In fact, years ago, I think this was possible even without financial proof. If they are no longer married (or still married, but not living together) it will likely be more difficult. Nevertheless, if the children are Thai, and are on a Thai birth certificate with her named as the mother, an extension ought to be possible.

 

I expect @ubonjoe will be by soon to confirm or correct my musings.

[ubonjoe]

If she is legally married to a Thai she can get a one year extension based upon marriage. Since she is a female she does not need to show financial proof. Her husband will be the one that needs show small amount of income.

She will need to have a single entry non-o visa to apply for the extension.

She could also get an extension based upon being the parent of a Thai but would need to show 400k baht in the bank or proof of 40k baht income.

[Tanoshi]

It's very common and quite possible in this situation that they are not legally married.

 

 

[BritTim]

3 minutes ago, Tanoshi said:

It's very common and quite possible in this situation that they are not legally married.

Good point. It is pretty difficult for a Lao woman to legally marry a foreigner.

[brewsterbudgen]

I have Lao extended family living in Thailand.  Most do so "under the radar", despite being "married" to a Thai.  The marriage is not legally recognised in either country.  Those that are not "under the radar", do monthly border runs or make regular trips back to Laos.

[BritTim]

1 hour ago, BritTim said:

1 hour ago, Tanoshi said:

It's very common and quite possible in this situation that they are not legally married.

Good point. It is pretty difficult for a Lao woman to legally marry a foreigner.

If they are not legally married, would the children normally have Thai nationality? What is the law for illegitimate children where the Thai father is named on the birth certificate, and they were/were not born in Thailand?

[ubonjoe]

4 minutes ago, BritTim said:

If they are not legally married, would the children normally have Thai nationality? What is the law for illegitimate children where the Thai father is named on the birth certificate, and they were/were not born in Thailand?

They are Thai nationals from birth. The marital status does not affect that. The mother would be the legal mother of her children. Only a non Thai father has to have their parenthood legitimized.

It appears they were born here.

[Tanoshi]

13 minutes ago, BritTim said:

If they are not legally married, would the children normally have Thai nationality? What is the law for illegitimate children where the Thai father is named on the birth certificate, and they were/were not born in Thailand?

The Father is Thai, so they have Thai nationality by birth.

The Father can add them to his Tabien Baan and obtain ID cards no problem.

[ubonjoe]

1 hour ago, brewsterbudgen said:

I have Lao extended family living in Thailand.  Most do so "under the radar", despite being "married" to a Thai.  The marriage is not legally recognised in either country.  Those that are not "under the radar", do monthly border runs or make regular trips back to Laos.

Not sure about marriage to a Thai man being as difficult as a non Thai. There may be a shortcut to do it with less difficulty. I have seen several Thai men at immigration here getting extensions for their Laotian wife.

If they had children the mother could get non-o visa based upon being the mother of a Thai and 60 day extensions to visit them. That would only require a trip for a new non-o visa every 5 months.

[glegolo]

Just back from bicycling-ride... Thank you so much all of you guys, you are really fantastic and helpfull.... May I also add that I did find out just now that this couple, except being dirt-poor, they are actually legally married in Thailand, not this Buddah-crap-wedding... So that´s fine.

 

So I believe when reading your posts, that the way to go for this lady is:

a - Vientiane, Laos (Thai embassy) buy a Non immigrant "O" single entry...

b - Go back home to Thailand, and during the last month of this Non "O" apply for an extension of stay based on marriage to a thai guy.....

 

Hope you agree..... as a final clou, maybe not so good to know for some of you thairomantic guys... This lady has been forced OUT of Thailand every f;ing month (not like I wrote, every 3 month), and every time being forced to pay off the thai immigration people everytime she uses the landborder....... Nice people, really nice people here...

 

All the best

Glegolo

[ubonjoe]

3 minutes ago, glegolo said:

So I believe when reading your posts, that the way to go for this lady is:

a - Vientiane, Laos (Thai embassy) buy a Non immigrant "O" single entry...

b - Go bak home and during the last month of this Non "O" apply for an extension of stay based on marriage to a thai guy.....

 

a. Yes Either Vientiane or Savannakhet. She could also do a conversion at most immigration offices now to get the non immigrant visa entry.

b. She would apply for an extension of stay at immigration during the last 30 days of the 90 day entry. About the same paper work as for an extension non thai husbands have to provide except no financial proof is needed. The husband will need some financial proof to prove he can support her but that varies by office to office.

[brewsterbudgen]

On 9/30/2017 at 9:48 AM, ubonjoe said:

Not sure about marriage to a Thai man being as difficult as a non Thai. There may be a shortcut to do it with less difficulty. I have seen several Thai men at immigration here getting extensions for their Laotian wife.

If they had children the mother could get non-o visa based upon being the mother of a Thai and 60 day extensions to visit them. That would only require a trip for a new non-o visa every 5 months.

That's interesting.  Unfortunately most of my Lao extended family don't even have passports any more!  My wife's older sister has 3 kids with a Thai man and has lived here for 16 years.  I don't believe they have ever bothered to try and legally marry.