Hello I recently was looking into applying for a different visa in Thailand and I have a few questions about my 5 year old son.

 

1. If I, my wife, and son leave the country and just my wife and I get a tourist visa and switch to a work visa in country will we have trouble if he just enters on a visa exemption and overstays long term?

2. Will he have problems entering at BKK airport if we have visa's and he doesn't?

3. Are the rules for kids still the same that there is no need for kids under 18 to get visa's or extensions because there is no penalty?

There are no fines or bans for kids. They do, however, get an overstay stamp in their passport. I got my 2 year old an O visa and he is now on my Extension as my dependent.

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1. No problem based on the current enforcement. 

2. No.

3. Children of whatever age are not exempt from needing valid permission to stay, all the time they are in the country, to be legal. However, if they are illegal they cannot be fined (under 15) or banned (under 18) for overstay. They could be removed from the country; but that, as a rule, doesn’t happen.

Edited May 24, 20188 yr by elviajero

@elviajero Have you ever heard of young kids being removed or parents having trouble entering or leaving the country with their kids because of this? There is no laws or penalties against the parents are there?

@ brewster The only reason I ask is because if my wife and I get on an education visa I am not sure if we are allowed to get a non 0 for our son so the only option would be to let him come in on a visa exemption and just let him overstay while we study for the year. I am guessing this is ok in general?

1 minute ago, vinegarbase said:

@elviajero Have you ever heard of young kids being removed or parents having trouble entering or leaving the country with their kids because of this? There is no laws or penalties against the parents are there?

Never heard of children being removed; I’m just pointing out the fact that it’s posdible under the law.

 

There are occasional stories from parents being hassled and threatened with fines by border IO’s, but legally they can’t penalise the parents.

 

If I were you I would keep the child’s stay legal. It’s easy for your child to piggy back your stay once you’ve extended your stay based on work.

Well that is our dilemma. I am not sure if my wife and I get on an education visa what we can do with our son because I haven't heard if it is possible to get a non o from an education visa. In that case the only choice really is to let him overstay. Unless you are allowed to get a child a non o from an education visa?

12 minutes ago, vinegarbase said:

Well that is our dilemma. I am not sure if my wife and I get on an education visa what we can do with our son because I haven't heard if it is possible to get a non o from an education visa. In that case the only choice really is to let him overstay. Unless you are allowed to get a child a non o from an education visa?

Your wife and son can get a non-o visa and extension of stay based upon your extension based upon attending school.

See: https://www.immigration.go.th/content/service_11

Follow up question.

 

(5) In the case of parents, funds must be deposited in a bank in Thailand, under the father’s or the mother’s name, of no less than Baht 500,000 for the past three months. For the first year only, the applicant must have proof of a deposit account in which said amount of funds has been maintainedfor no less than 30 days prior to the filing date.

 

Does this mean that if the parents are on the education visa we need 500k baht in an account to sponsor our son or if the child is on an education visa and wants to sponsor his parents that the parents need 500k baht in an account?

 

 

Edited May 24, 20188 yr by vinegarbase

3 hours ago, vinegarbase said:

Does this mean that if the parents are on the education visa we need 500k baht in an account to sponsor our son or if the child is on an education visa and wants to sponsor his parents that the parents need 500k baht in an account?

The latter. That condition only applies if the child is at school, and the parent wants an extension.

 

If you/your wife have extensions of stay your son can piggyback, and doesn’t need to meet any financial requirements.

5 hours ago, vinegarbase said:

...There is no laws or penalties against the parents are there?

 

There is section 74 of the Criminal Code.

 

 

@maestro Interesting and thank you. So it seems you could possibly be summoned to court and issued a 1000 baht fine for ages 7-14 but in section 53 it says less than 7 there is no penalty.

 

@elviajero Thanks for the reply. Then it seems it should be no problem to just get a non 0 for my wife and son as long as I get on a student visa and the school is able to help with that. 

Edited May 25, 20188 yr by vinegarbase

On 5/25/2018 at 5:47 AM, vinegarbase said:

@maestro Interesting and thank you. So it seems you could possibly be summoned to court and issued a 1000 baht fine for ages 7-14 but in section 53 it says less than 7 there is no penalty.

In order for that to apply your son, when aged 7 to 14, would have to be found guilty in court of a criminal offence. IO’s have no power to impose a fine for overstay on a child or their parent.

 

On 5/25/2018 at 5:47 AM, vinegarbase said:

@elviajero Thanks for the reply. Then it seems it should be no problem to just get a non 0 for my wife and son as long as I get on a student visa and the school is able to help with that

Yes.