Can I apply for Non O visa (I have Thai Child) but no Marrige register Certificate with her mother

[MonsterInsideMe]

Dear Forum members

 

Let me give you my details. I have indian passport and been living in thailand for last 13 years on Non Imm B visa ( I have a work permit). Last year was bad for us and Company didnt have much sales so Lawyer told me cannot renew my Non Imm B visa this time( expires on Sept 28, have Multiple re-entry stamp also).

 

I have a family here with Thai wife(not registered our marriage yet) and a 4 year old daughter(born in Thailand).

 

What i want is to apply for Non O visa (Thai child) and continue my current work permit( work permit expires on Dec 2018).

 

I have few questions:

 

1.> Can I apply for Non O visa(thai child)? How many days I can get it for( is 1 year possible?)

 

2.> Do I need to show 400k baht in my bank account? for how many days?

 

3.> I have not registered my marriage yet, Will it affect the visa application?

 

4.> I read on internet that I will have to declare that I am father of my daughter, in a Thai Court. is it required? how do i go about it?

 

5.> Can I continue using my work permit if I change my visa from Non Imm B to Non O?

 

6.> Where is the best place to apply for Non O visa? can I apply in Savanakhet? or should I apply from India?

 

7.> My current Work Permit expires on Dec 2018, Can I continue it after I get new Non O visa?

 

Please help me as this happened suddenly and I am at my wits end. Been searching on forum for last 2 days!

 

Thanks a lot!

[elviajero]

1. If you are asking if you can change from an extension of stay based on your work to a n extension of stay as a parent, the answers yes. The immigration office should make the change without you haveing to leave and return with a new non ‘O’ visa.

 

2. Yes. The money only needs to be in your bank on the day you apply. You can use the income from your job.

 

3. Yes. As you’re not married you’ll need to have your parenthood legalised.

 

4. You need to legalise your parenthood at court or your local Amphoe. Options depends on the child’s age. 

 

5. Yes.

 

6. If you have to get a new non ‘O’ visa (see 1.) Vientiane or Savannahket, Loas are good choices.

 

7. Yes you can apply for a new work permit with permission to stay as a parent.

 

 

[MonsterInsideMe]

18 minutes ago, elviajero said:

1. If you are asking if you can change from an extension of stay based on your work to a n extension of stay as a parent, the answers yes. The immigration office should make the change without you haveing to leave and return with a new non ‘O’ visa.

 

2. Yes. The money only needs to be in your bank on the day you apply. You can use the income from your job.

 

3. Yes. As you’re not married you’ll need to have your parenthood legalised.

 

4. You need to legalise your parenthood at court or your local Amphoe. Options depends on the child’s age. 

 

5. Yes.

 

6. If you have to get a new non ‘O’ visa (see 1.) Vientiane or Savannahket, Loas are good choices.

 

7. Yes you can apply for a new work permit with permission to stay as a parent.

 

 

Dear Elviajero

 

Thanks a lot for fast reply!

 

Can I ask you 2 more questions?

 

1.> The non O visa(based on Thai Child) I will get for how many days? Can I get it for 1 year(same as Non Imm B i had for last 13 years), OR it is only 90 days and I will have to go Savanakhet(or chaeng wattana) every 90 days thereafter.

 

2.> Would my visa duration( Non O visa, I assume i will get for 30 OR 90 days) affect my work permit duration? Will I be able to renew my WP for 1 year when it expires on Dec 2018? or will it be tied to my visa duration( like 30 or 90 days)

 

Please Much appreciated!

 

Thanks a lot!

[elviajero]

1 hour ago, MonsterInsideMe said:

1.> The non O visa(based on Thai Child) I will get for how many days? Can I get it for 1 year(same as Non Imm B i had for last 13 years), OR it is only 90 days and I will have to go Savanakhet(or chaeng wattana) every 90 days thereafter.

Yes you can get an extension of stay for 1 year as the parent.

 

1 hour ago, MonsterInsideMe said:

2.> Would my visa duration( Non O visa, I assume i will get for 30 OR 90 days) affect my work permit duration? Will I be able to renew my WP for 1 year when it expires on Dec 2018? or will it be tied to my visa duration( like 30 or 90 days)

It is better to keep your permission to stay and permission to work separate. It is a good thing that you are changing your permission to stay based on parenthood, so in the future if you stop work, change jobs your permission to stay is unaffected.

 

Yes you will be able to renew your work permit for another year. It will not be linked to your permission to stay.

[siamcrut]

Straight forward answer!

[MonsterInsideMe]

Dear elviajero

 

Thanks a lot for answering and your time!

 

Very much appreciated!

 

Good night Sir

[PoorSucker]

1. As you are not married or gone though the court, you can get max 60 day extension. 

 

2. As you are not married or legal father, this does not apply for you. 

 

3. Yes, you will not get a visa as family me. 

 

4. Marriage to the mother will make you the legal father. 

 

5. Yes. 

 

6. Indian nationals are required to get visa in India. 

 

7. No problem with WP, after you are married you can apply for one year extension of stay, based on marriage or you can apply based on employment. 

[PoorSucker]

3 hours ago, elviajero said:

Yes you can get an extension of stay for 1 year as the parent.

The OP is not married to the mother or have legitimate rights to the child, he can not get an extension based on the child. 

[elviajero]

2 hours ago, PoorSucker said:

6 hours ago, elviajero said:

Yes you can get an extension of stay for 1 year as the parent.

The OP is not married to the mother or have legitimate rights to the child, he can not get an extension based on the child. 

I made that clear in my post first post ...

 

8 hours ago, elviajero said:

3. Yes. As you’re not married you’ll need to have your parenthood legalised.

 

[MonsterInsideMe]

7 hours ago, PoorSucker said:

1. As you are not married or gone though the court, you can get max 60 day extension. 

 

2. As you are not married or legal father, this does not apply for you. 

 

3. Yes, you will not get a visa as family me. 

 

4. Marriage to the mother will make you the legal father. 

 

5. Yes. 

 

6. Indian nationals are required to get visa in India. 

 

7. No problem with WP, after you are married you can apply for one year extension of stay, based on marriage or you can apply based on employment. 

Dear PoorSucker

 

I have some questions based on your reply to my Original Post

 

1.> If I legalize my parenthood to child(but dont register my marriage yet), will i then be qualified to 1 year Non O visa(or 1 year extensions incase i can only get 60 or 90 days Non O visa)

 

2.> For change my Non Imm B visa to Non O visa (based on Thai child) will I really have to apply from india? i cannot apply from imm office chaengwattana or embassy at savanakhet?

 

3.> Can I only get 1 year extensions to my visa (Non O based on marrige) and not if i apply Non O (based on thai child)?

 

Plz let me know!

 

Thanks a lot!

[PoorSucker]

3 minutes ago, MonsterInsideMe said:

Dear PoorSucker

 

I have some questions based on your reply to my Original Post

 

1.> If I legalize my parenthood to child(but dont register my marriage yet), will i then be qualified to 1 year Non O visa(or 1 year extensions incase i can only get 60 or 90 days Non O visa)

 

2.> For change my Non Imm B visa to Non O visa (based on Thai child) will I really have to apply from india? i cannot apply from imm office chaengwattana or embassy at savanakhet?

 

3.> Can I only get 1 year extensions to my visa (Non O based on marrige) and not if i apply Non O (based on thai child)?

 

Plz let me know!

 

Thanks a lot!

1. Yes, as legal father you can get one year extension based on family. 

 

2. You can change reason for extension at immigration in Thailand to based on family, the embassy in Laos will not issue any visa to India national. 

 

3. You can get extension as parent as soon as you have legitimised your child. 

[MonsterInsideMe]

4 minutes ago, PoorSucker said:

1. Yes, as legal father you can get one year extension based on family. 

 

2. You can change reason for extension at immigration in Thailand to based on family, the embassy in Laos will not issue any visa to India national. 

 

3. You can get extension as parent as soon as you have legitimised your child. 

PoorSucker, Thanks a lot for clearing up my doubts.

 

Sir do know the process to legalize my parenthood(to my thai child)? What are the steps to follow? or I can contact some lawyer to do it?

 

how many days will the legalize process take?

 

thanks!

[ubonjoe]

2 minutes ago, MonsterInsideMe said:

1.> If I legalize my parenthood to child(but dont register my marriage yet), will i then be qualified to 1 year Non O visa(or 1 year extensions incase i can only get 60 or 90 days Non O visa)

If you legalize your parent hood you could apply for a one year extension of stay based upon being the parent of a Thai.

Whether you could get a multiple entry non-o visa at the embassy or one of the consulates in India would depend upon their requirements.

They should issue a single entry non-o visa in either with or without the legalization.

Info about legalization is here. 

 

 

3 minutes ago, MonsterInsideMe said:

2.> For change my Non Imm B visa to Non O visa (based on Thai child) will I really have to apply from india? i cannot apply from imm office chaengwattana or embassy at savanakhet?

You can change the reason for your extension of stay from working to one based upon being the parent of a Thai at immigration. It is not possible to change non immigrant visa categories with going out for a new visa. You nationality will make no difference as to what you can do at immigration.

You can only apply for a visa at a embassy or consulate in India. See: http://vientiane.thaiembassy.org/upload/pdf/RestrictedCountries2013.pdf or http://www.thaiembassy.org/kualalumpur/contents/images/text_editor/files/listed country 2018_2.pdf

 

3 minutes ago, MonsterInsideMe said:

3.> Can I only get 1 year extensions to my visa (Non O based on marrige) and not if i apply Non O (based on thai child)?

If you get married you can apply for a extension of stay based upon marriage. If you legalize your parenthood you can apply for one based upon being the parent of a Thai.

[MonsterInsideMe]

53 minutes ago, ubonjoe said:

If you legalize your parent hood you could apply for a one year extension of stay based upon being the parent of a Thai.

Whether you could get a multiple entry non-o visa at the embassy or one of the consulates in India would depend upon their requirements.

They should issue a single entry non-o visa in either with or without the legalization.

Info about legalization is here. 

 

 

You can change the reason for your extension of stay from working to one based upon being the parent of a Thai at immigration. It is not possible to change non immigrant visa categories with going out for a new visa. You nationality will make no difference as to what you can do at immigration.

You can only apply for a visa at a embassy or consulate in India. See: http://vientiane.thaiembassy.org/upload/pdf/RestrictedCountries2013.pdf or http://www.thaiembassy.org/kualalumpur/contents/images/text_editor/files/listed country 2018_2.pdf

 

If you get married you can apply for a extension of stay based upon marriage. If you legalize your parenthood you can apply for one based upon being the parent of a Thai.

Thank you sir.

 

My daughter is 3.5 years old so getting legalization from Amphur is out of choice. My wife called thai court, They advised to hire a lawyer and takes 4 months for process to complete.

 

This is too long as my Non Imm B visa is expiring next month (28 sept 2018)

 

Do I have any other way to stay to get long term Thai visa ?

 

As PoorSucker had said before, In case i dont have registered marriage and legalized parenthood(takes too long) I can only apply for 60 days Non O visa next month. And I will have to go to India to apply for that. Is it true?

 

Plz let me know, so i will prepare accordingly

[ubonjoe]

7 minutes ago, MonsterInsideMe said:

Do I have any other way to stay to get long term Thai visa ?

None that would allow you to keep your work permit and continue to work. 

7 minutes ago, MonsterInsideMe said:

As PoorSucker had said before, In case i dont have registered marriage and legalized parenthood(takes too long) I can only apply for 60 days Non O visa next month. And I will have to go to India to apply for that. Is it true?

He wrote this.

9 hours ago, PoorSucker said:

1. As you are not married or gone though the court, you can get max 60 day extension. 

 

It is a 60 day extension of stay to visit your child not a visa. You can apply for it at immigration.

Your child will need to be with you when you apply. You will need their birth certificate plus a copy, a copy of their house book registry and proof of residence. You could apply for it when your current extension ends.

Since you will be extending your original entry from a non-b visa your work permit will remain valid.

After that you may have to return to India to get a single entry non-o visa based upon being a parent of a Thai. I just checked the requirements to apply at the embassy in New Deli and they only show marriage to a Thai on the VFS website. You can check here for for the requirements at the or 3 consulates here on the VFS website. http://www.vfs-thailand.co.in/  You could try contacting them about getting one based upon being the parent of a Thai.

One option after the 60 day extension ends might be to leave and re-enter the country to get a 15 day visa on arrival (2000 baht) and then extend it for 60 days. The rules state it can be issued for any type of entry. You would not legally be able to hold the work permit and work with that entry though. But it might give you enough time to get the legalization done so that could apply for a non immigrant visa based upon qualifying for an extension of stay as parent of a Thai at immigration so that you could then apply for the one year extension.

[MonsterInsideMe]

10 minutes ago, ubonjoe said:

None that would allow you to keep your work permit and continue to work. 

He wrote this.

It is a 60 day extension of stay to visit your child not a visa. You can apply for it at immigration.

Your child will need to be with you when you apply. You will need their birth certificate plus a copy, a copy of their house book registry and proof of residence. You could apply for it when your current extension ends.

Since you will be extending your original entry from a non-b visa your work permit will remain valid.

After that you may have to return to India to get a single entry non-o visa based upon being a parent of a Thai. I just checked the requirements to apply at the embassy in New Deli and they only show marriage to a Thai on the VFS website. You can check here for for the requirements at the or 3 consulates here on the VFS website. http://www.vfs-thailand.co.in/  You could try contacting them about getting one based upon being the parent of a Thai.

One option after the 60 day extension ends might be to leave and re-enter the country to get a 15 day visa on arrival (2000 baht) and then extend it for 60 days. The rules state it can be issued for any type of entry. You would not legally be able to hold the work permit and work with that entry though. But it might give you enough time to get the legalization done so that could apply for a non immigrant visa based upon qualifying for an extension of stay as parent of a Thai at immigration so that you could then apply for the one year extension.

 

Seems like I have to do 60 days extension based on Thai child. Then in meanwhile get marriage registered or Parenthood legalized and apply for Non O from india.

 

I will update in the thread if any future progress or questions.

 

Thanks to all for fast replies!

[elviajero]

7 hours ago, MonsterInsideMe said:

 

Seems like I have to do 60 days extension based on Thai child. Then in meanwhile get marriage registered or Parenthood legalized and apply for Non O from india.

 

I will update in the thread if any future progress or questions.

 

Thanks to all for fast replies!

I suggest you go to the Amphoe first and they will give you the information and forms for legalizing your parenthood. You don't need a lawyer. If you start the process now it should be done either before your current permission to stay ends or the 60 day extension ends. Either way you shouldn't need to go to India for a new 'O' visa.

[MonsterInsideMe]

53 minutes ago, elviajero said:

I suggest you go to the Amphoe first and they will give you the information and forms for legalizing your parenthood. You don't need a lawyer. If you start the process now it should be done either before your current permission to stay ends or the 60 day extension ends. Either way you shouldn't need to go to India for a new 'O' visa.

Dear Elviajero

 

My wife called Thai court they said parenthood legalization need 4 months to complete and they suggest we hire a lawyer to do.

 

Then my wife called local Amphur office, the guy there said they can issue legalization but kid has to signature her name( my daughter is 3.5 years old!) so we are trying from today to teach her to write her name without our assistance. I guess will take 1 to 2 weeks to teach her. Then I can take her to local Amphur(bangrak or sathorn) and try to get this done.

 

Lets see, Meanwhile I will apply in Thai court also(through a lawyer).

 

Whichever gets done first is good. Fingers crossed.

 

Thanks a lot for reply!!