Acquired 1 Year Extension Living With Child

[TimTang]

I am 50 years old and have a 5 year old daughter. I'm not married to the mother although we do live together. Do I qualify for a type O visa?

What documents do I need, or what requirements must be fulfilled to qualify?

After reading all these posts I'm more confused than ever. I've received the visa before but that was prior to the recent changes, and it was in a western country (which seems to be easier). I've never attempted to get an extension before because it sounds like a no-win situation. Am I wrong?

Any assistance would be appreciated.

[Sunbelt Asia]

I am 50 years old and have a 5 year old daughter. I'm not married to the mother although we do live together. Do I qualify for a type O visa?

You qualify for the extension of stay.

What documents do I need, or what requirements must be fulfilled to qualify?

No income or money in the bank. Just proof you are the father of a Thai national. You need to get a letter from the District Office confirming you are the father. Bring this letter along with the birth certificate. Have the Mother and child to come along just to be on the safe side. Our professional fees to help are 6,500 Baht plus 7% Vat. Government fees are 1,900 Baht.

www.sunbeltasiagroup.com

[TimTang]

I am 50 years old and have a 5 year old daughter. I'm not married to the mother although we do live together. Do I qualify for a type O visa?

You qualify for the extension of stay.

What documents do I need, or what requirements must be fulfilled to qualify?

No income or money in the bank. Just proof you are the father of a Thai national. You need to get a letter from the District Office confirming you are the father. Bring this letter along with the birth certificate. Have the Mother and child to come along just to be on the safe side. Our professional fees to help are 6,500 Baht plus 7% Vat. Government fees are 1,900 Baht.

www.sunbeltasiagroup.com

Do I need to get a non-O visa out of the country first or can I get it here by converting a tourist visa?

What letter from the District Office are you speaking of? Can you clearify?

[Lenn2005]

I'm still a little bit confused about the criteria for this. Can anyone confirm if this is correct.

Applicant must be over 50 years of age.

Married to a Thai.

Shown as a parent on thai childs birth certificate.

Are there any other requirments apart from the document that the op mentioned his wife having to sign.

Thanks.

That's right, Cobber, just those three qualifiers, or just one and three, according to Sunbelt. There have been many differing interpretations on TV about 7.17 (5), but Sunbelt's explanation seems to hold for now. On the other hand, a few people (including me) have enquired about this in provincial IM offices, and they've been clueless. Going to BKK and getting Sunbelt (or another IM lawyer) seems to be way to go; there don't seem to be any do-it-yourself success stories on TV to date.

careful....7.17 (5) is fine if your're not married, over 50 and have a child, BUT you are not legally recognised as the father without having to go through the courts which will take a really long time and cost an arm and a leg. they will not extend your visa unless this is done. Sunbelt assured me that wasn't the case and they were wrong. I'm back to where I've started minus 9,300 baht which I've paid in total to Sunbelt for a 2 month extension. I think I was lucky to even get that.

[TimTang]

I'm still a little bit confused about the criteria for this. Can anyone confirm if this is correct.

Applicant must be over 50 years of age.

Married to a Thai.

Shown as a parent on thai childs birth certificate.

Are there any other requirments apart from the document that the op mentioned his wife having to sign.

Thanks.

That's right, Cobber, just those three qualifiers, or just one and three, according to Sunbelt. There have been many differing interpretations on TV about 7.17 (5), but Sunbelt's explanation seems to hold for now. On the other hand, a few people (including me) have enquired about this in provincial IM offices, and they've been clueless. Going to BKK and getting Sunbelt (or another IM lawyer) seems to be way to go; there don't seem to be any do-it-yourself success stories on TV to date.

careful....7.17 (5) is fine if your're not married, over 50 and have a child, BUT you are not legally recognised as the father without having to go through the courts which will take a really long time and cost an arm and a leg. they will not extend your visa unless this is done. Sunbelt assured me that wasn't the case and they were wrong. I'm back to where I've started minus 9,300 baht which I've paid in total to Sunbelt for a 2 month extension. I think I was lucky to even get that.

How do you legally prove your own daughter is truly yours. I've got a birth certificate with my name on it as the father and her last name is the same as mine. My daughter has a Thai passport, a Canadian citizenship card, and a Canadian passport all with my last name.

What more do you need, DNA tests?

How could I have gotten any of this documentation if she wasn't legally my daughter in the first place.

I don't get it!

[Sunbelt Asia]

I'm still a little bit confused about the criteria for this. Can anyone confirm if this is correct.

Applicant must be over 50 years of age.

Married to a Thai.

Shown as a parent on thai childs birth certificate.

Are there any other requirments apart from the document that the op mentioned his wife having to sign.

Thanks.

That's right, Cobber, just those three qualifiers, or just one and three, according to Sunbelt. There have been many differing interpretations on TV about 7.17 (5), but Sunbelt's explanation seems to hold for now. On the other hand, a few people (including me) have enquired about this in provincial IM offices, and they've been clueless. Going to BKK and getting Sunbelt (or another IM lawyer) seems to be way to go; there don't seem to be any do-it-yourself success stories on TV to date.

careful....7.17 (5) is fine if your're not married, over 50 and have a child, BUT you are not legally recognised as the father without having to go through the courts which will take a really long time and cost an arm and a leg. they will not extend your visa unless this is done. Sunbelt assured me that wasn't the case and they were wrong. I'm back to where I've started minus 9,300 baht which I've paid in total to Sunbelt for a 2 month extension. I think I was lucky to even get that.

I just reviewed your case, the head lawyer New that was handling your case at this time was in the hospital for appendicitis. The problem was, the officer stated you never were married and the child was out of wedlock. This is not a requirement for you to have been married. However our lead Immigration Lawyer New was not there to argue the case. Your visa expires on Feb 18th and New will be doing the extension then, without you going to the courts. As you can see the OP was in the same case as you. New was able to get others approved as well and even though their never is guarantees. He feels he can get your case done.

You don't get the one year extension of stay, of course you will not be charged our professional fee. Just the government fee. Bottom line, New has not sung yet.

Regards

Greg

[Sunbelt Asia]

How do you legally prove your own daughter is truly yours. I've got a birth certificate with my name on it as the father and her last name is the same as mine. My daughter has a Thai passport, a Canadian citizenship card, and a Canadian passport all with my last name.

What more do you need, DNA tests?

How could I have gotten any of this documentation if she wasn't legally my daughter in the first place.

I don't get it!

It always comes down to the officer’s discretion and what they want to see and why we climb the ladder till we get approval. For most officers, this will be enough( the proof you mentioned), others will want to see the letter from the district. Others will want to see the mother and the child. Just depends.

It certainly helps if you were once married but it is not a requirement.

www.sunbeltasiagroup.com

[Thai Chi]

You are always free to change the type/reason for extension of stay - but if you leave a grandfathered provision there will be no return without meeting the current requirements.

Thanks Lopburi, that puts the grandfather situation into an understandable perspective

[philo]

Confusing is an understatement ...

I have:

A Thai wife and a marriage cerificate

A (Thai) child with my name on the birth certificate (and with my surname and registered in the house book of my wife's father)

A Non O 'Thai Wife' Visa that is expiring primo Nov

A letter from my embassy stating I have a governmental pension at around 70k/month

I do not have 3 months of income in the bank (what will we eat during these 3 months?)

If I take the wife and the baby to Suan Plu will I get an extention?

Thanks

[lopburi3]

You don't say on what grounds you wish to apply but have dug up an old thread so will assume you are over age 50 (many US Vets have pensions much younger so can not be sure). If you make application with wife and child using the live with child provision it will likely be approved. You could also be sure of family approval using Embassy letter of your pension (there is no bank deposit 3 month rule involved in the 40k income requirement). You could also use retirement if over age 50 and more than 65k pension with no bank deposit requirement (although they would like to see a bank account open and bank letter).

You say you have a non immigrant O visa - is the stay ending in November or is it a multi entry and the visa ends in November (meaning you can obtain another 90 day stay the day before it expires?).

When you are ready visit Immigration about a month before your permitted to stay expires with passport/wife/child and the normal paperwork (Embassy letter if using pension) and don't believe you will have any problems.

[philo]

You don't say on what grounds you wish to apply but have dug up an old thread so will assume you are over age 50 (many US Vets have pensions much younger so can not be sure). If you make application with wife and child using the live with child provision it will likely be approved. You could also be sure of family approval using Embassy letter of your pension (there is no bank deposit 3 month rule involved in the 40k income requirement). You could also use retirement if over age 50 and more than 65k pension with no bank deposit requirement (although they would like to see a bank account open and bank letter).

You say you have a non immigrant O visa - is the stay ending in November or is it a multi entry and the visa ends in November (meaning you can obtain another 90 day stay the day before it expires?).

When you are ready visit Immigration about a month before your permitted to stay expires with passport/wife/child and the normal paperwork (Embassy letter if using pension) and don't believe you will have any problems.

I am 50 and a few weeks.

Yes, live w. wife and child.

I only have a letter of income, the money goes into my bank in farangland, and is withdrawn by ATM. Some people say that to get a retirement visa you have to deposit moey transfered from abroad monthly more than 65k for 3 months, and then bring book and letter for the (unused) money (more than 3x6=195k). I cannot do this.

The visa was ttourist from entering 041106, then converted to non o thai wife in BKK, and then given extension for the rest of the months making up 12 months from entry in Nong Khai 041106. No multiple entry, never left Thailand, report 90 days, and stay ends nov.

[lopburi3]

You are currently on a one year extension of stay - family income of 40K. Is there some reason you can not continue that (40k monthly income)?

If you want to use retirement you need 65k monthly income but do not need it here in Thailand - all that is required is a letter from your Embassy and you should have a bank account/letter with something here (20,000 baht has worked for others). There is no three month requirement or monthly transfer required (although it could happen that an officer or office would require something else - but I doubt they would of someone married to a Thai and having a child).

If you want to use the over age 50 living with child and no financial requirement it is probably more likely to be approved in Bangkok than elsewhere as the concept is new and many feel uncomfortable with things new.

[PhiPhi]

I am totally confused by the Dependant visa rules, can anybody be so kind as to update me or shed some light on the rules.

I am under 50

I have a daughter who is a Thai National and I am her sole provider

I am her father and registered on the birth certificate

I have confirmation document from the district office of paternity

I have income in Thailand exceeding 60k

I have had a Non-Cat-B Visa for reasons of a Thai dependant for last 3 years

This year (Sept 07) I was told at Suan Plu immigration that after Oct 22 '07 parents under 50 years old will not be able to extend the visa for Thai dependant. In fact I even had to sign a form this year which seemed to intimate that I was a dependant of my daughter! Nobody at immigration was particulary interested in letting me know what I would have to do for next years extention but I will try asking again when I pick up my extention later this month.

Am I to understand that my daughter is expected to fend for herself for 3 years until I am 50? Surely she must have some protection and right to be brought up by her parents even if I as a parent have no standing.

Thank you in advance for any information you may have.

PS. What's with the 7 hour queue to hand in an application is this the norm now?

[Maestro]

...can anybody be so kind as to update me or shed some light on the rules.

I am under 50

I have a daughter who is a Thai National and I am her sole provider

I am her father and registered on the birth certificate

I have confirmation document from the district office of paternity

I have income in Thailand exceeding 60k

I have had a Non-Cat-B Visa for reasons of a Thai dependant for last 3 years

This year (Sept 07) I was told at Suan Plu immigration that after Oct 22 '07 parents under 50 years old will not be able to extend the visa for Thai dependant

The rules are in Police Order 606/2549. Two different English translations are here and here. I believe you are talking about paragraph 7.17, clause 5:

Reason of Necessary

7.17 In case of the foreign national is the member of the Thai national’s family (Only for Father, Mother, ... Each time of permission shall be granted for the period not exceeding 1 year.

Criteria

(5) In case of Father or Mother, the said father or mother shall be not younger than 50 years old.

Valid since October 1, 2006.

When you say that you have been in Thailand on “a Non-Cat-B Visa for reasons of a Thai dependant for last 3 years” I assume that you entered Thailand with a non-B visa and later extended your permission to stay for the reason of living with your Thai child.

There is a shimmer of hope for you in this post:

Possible Amendments:

They are re-considering the criteria for applicants supporting a Thai child and may allow a foreign parent UNDER 50 to apply. Not confirmed.

Keep your fingers crossed. Amendments are expected to be published in the Government Gazette on September 10 and you will read about it on this forum shortly thereafter, no doubt.

--

Maestro

[PhiPhi]

Maestro,

Thanks for the info. Yes I've been here 16 years and originally came in on an Non-B for reason of business but then they changed the criteria that my companies bottom line had to be 2m not just the original paid up capital and demanded another 1m baht, so I changed to Non-B for reason of Thai Dependant and the 1m baht is better served educating my daughter.

From the link it looks like as you say there might be a slight glimmer of hope, let's hope that the September 10th amendments acknowledges some basic human rights to Thai children born of foriegn nationals.

All the best

PP

[Mac1]

Lopburi and Maestro :

in case the Goverment Gazette on Sept 10 do not change this , what is the options for us below 50 years, with a Thai child ?

[lopburi3]

Multi entry non immigrant O visas which provide 90 day stays for up to 15 months.

Education visa to study Thai or other subjects.

Work in Thailand and associated visas/extensions.

Marriage.

If extreme circumstances there is a special consideration possibility as below:

12. Any case that is not described in this Order, the officer shall report to the Commander of the

Immigration Bureau or the authorized officer to make consideration case by case.

Provisional Section

13. Within 1 year from the enforcement date of this Order, for the case of the foreigner who has entered

Thailand and has been granted to stay temporarily in the Kingdom of Thailand before this Order will be

enforced and disqualifies to the criterions set forth on this Order, the Commander of the Immigration Bureau

or the authorized officer shall be responsible to consider granting the permission, based on the necessity of

the applicant, case by case.

[Mac1]

"Multi entry Non immigrant O visa" < possible when I'm only 45 ? Where ???

( thought u must be 50 yrs +)

Scandinavia don't issue them, so where can a scandinavian live in Thailand get it ?

Pls advice

[PhiPhi]

They are re-considering the criteria for applicants supporting a Thai child and may allow a foreign parent UNDER 50 to apply. Not confirmed.

Keep your fingers crossed. Amendments are expected to be published in the Government Gazette on September 10 and you will read about it on this forum shortly thereafter, no doubt.

--

Maestro

Well I picked up my 1 Year Non-B extention this week and workpermit so safe until next August (I hope!). Can anybody tell me if or when the Government Gazette are likely publish the amendments to clarify the Thai dependent situation?

[Maestro]

According to latest reports, the publication of the amendments is delayed some more. No new estimated publication date has been mentioned yet.

See this post today by Sunbelt:

Everything is status quo as before Sept 1st 2007 at Bangkok Immigration. The higherups had a meeting yesterday and as no new Police Order has been issued in the Royal Gazette, they'll abide with the National Police Order 606 starting as of today.

Good news for the extension of stay dependents based on retirement as of today. Possibly bad news for parents under 50 years old, because everything is the same until a new police Order comes out( if it ever will ) As of today the window is back open for applicants of dependents and Bkk Immigration is going to follow Police Order 606 even if it is in conflict with the Immigration Act and Ministerial Regulations.

www.sunbeltasiagroup.com

--

Maestro

[prinzregent]

.... I - no - WE were in Bangkok Immigration yesterday. (1) I have two children, 4 yo and 6 month old. I just put my passport in the red box, took my waiting number and ... after 4 minutes the officer came and send me out. First they do not speak any english and second they even not want to see my paperwork.

I not understand , I stay here fore more than 7 years, never had any problems ...

I have the feeling, the Thai want "FALANG GO HOME". And they do it slowly the thai style way.

I will start to sell my things and go. I only cry for the children, as they ARE thai.

Extention for a Thai child ? They fuc_k on it.

http://www.thaivisa.com/extensions/extensi...of-a-child.html

(1) 10 o clock in the morning, the immi was FULL of asean people, soooo full ....

Edited August 28, 2008 by prinzregent

[lopburi3]

1. To obtain an extension of stay you go to the information counter inside the doors and present your paperwork and advise them what you want to apply for - they then issue you a queue number and you proceed to designated area and await your turn.

2. It sounds as if you went into room 101 and put your passport where those who have already made application 30 days before go to obtain there final one year extension stamp. As you had not done so they gave you your passport back.

Although if you have been doing this for 7 years you should be well aware of the normal procedure so perhaps I am missing something - but your post does not provide much to go on.

[coventry]

Does anyone know if they are doing Rule 7.17 extention in Korat ? Thanks

[Maestro]

Korat routinely does 7.17(6) extensions, ie to live with Thai wife, the so-called marriage extension.

I haven’t seen any member posting about having applied for a 7.17(5) extension, ie to live with Thai child, at the Korat office but it would be their duty to accept also this type of application.

--

Maestro

[coventry]

Korat routinely does 7.17(6) extensions, ie to live with Thai wife, the so-called marriage extension.

I haven’t seen any member posting about having applied for a 7.17(5) extension, ie to live with Thai child, at the Korat office but it would be their duty to accept also this type of application.

--

Maestro

I agree it's their duty to accept an application for 7.17(5) but from what I understand they require to see money in the bank. Where as Bkk doesn't. Different office different rules. This is the sticking point. Due to exchange rates I don't want to bring over money at the moment. I'm 50+, married with Thai child. Thanks

[Lite Beer]

My friend applied at Korat. He was told that he would have to have proof of some income . They did not specify how much.

When they saw his letter from the Embassy and realised he had enough for a Retirement Extension, that is what they gave him. "Easier" they said.

They were probably quite relieved when they saw his income was enough for the Retirement option.