Unique Situation: Non Immigrant O Visa, Guardian of Thai Child

[thisistheendmyfriend]

Very unique situation here. I've done a lot of research, but would like to see what other visa experts here recommend and advise. 

 

I am soon to be a father of a child here in Thailand. The mother (who is 3 months pregnant) is from a hill tribe in Northern Thailand. She was born in Thailand (Chiang Rai), but does not have Thai citizenship. She is close to having citizenship, as she tells me the governor of Chiang Rai (who was recently changed) needs to sign the paperwork and send it to Bangkok. She says it should be done in a few months (unsure of this timeline). 

 

From my research, as it stands, the child when born will not be a Thai citizen. 

 

I know that to get the single entry non-immigrant O visa in Vientiane for guardianship of a Thai child, I need to present: 

 

1. Copy of the birth certificate (I will have that); 

2. Copy of the mother's Thai ID (she has an ID, but it's the pink colored one); 

3. Copy of the family's house book (they have this, but it's the yellow book); 

 

So my questions are as follows: 

 

- If the child is born before the mother gets her citizenship, is there any chance for the child to be Thai in the future? And for me to apply for the single entry non-immigrant O visa for guardianship in Vientiane?

 

- If the child is born after the mother gets her citizenship, will I be able to apply for the single entry non-immigrant O visa for guardianship in Vientiane?

 

- One further question: if the mother and child stay in Chiang Rai near family, can I stay in a different province (Bangkok), and still have this visa?

 

Thank you for your time and responses. If you have any info regarding this matter, or any other experiences, please share. I want to keep this thread to the point, because it's critical that I am able to stay in Thailand to take care of the family, but I don't know what the future will hold due to citizenship issues. If there are any questions you have for me that would help clarify the situation, please feel free to ask. 

 

Edited October 19, 2018 by thisistheendmyfriend
add more info

[ubonjoe]

First there is no guardianship visa. You may be able to get a single entry non-o visa based upon being the parent of a Thai.

On 10/20/2018 at 2:23 AM, thisistheendmyfriend said:

If the child is born before the mother gets her citizenship, is there any chance for the child to be Thai in the future?

Yes there is but it would take some time.

On 10/20/2018 at 2:23 AM, thisistheendmyfriend said:

If the child is born after the mother gets her citizenship, will I be able to apply for the single entry non-immigrant O visa for guardianship in Vientiane?

Yes you could apply for a non-o visa if you are are shown as the father on their birth certificate.

On 10/20/2018 at 2:23 AM, thisistheendmyfriend said:

One further question: if the mother and child stay in Chiang Rai near family, can I stay in a different province (Bangkok), and still have this visa?

You could still get a non-o visa from a embassy or consulate.

[Falcon]

It’s impossible to get a visa based on supporting a Thai child when the child, when born, won’t be a thai citizen. The citizenship upon birth comes from having a Thai (citizen) mother and the mother isn’t currently Thai, thus the child won’t be a thai citizen through simply being born in Thailand doesn’t give thai citizenship. Best visa you could hope for to apply for is a single entry non-o which would give 3 months validity upon entrance to the country which would then give time for the baby to be born and the child’s mother to receive her Thai citizenship. After this you can apply for an extension based on suooorting a thai child.

[sanemax]

8 minutes ago, Falcon said:

Best visa you could hope for to apply for is a single entry non-o

On what grounds would he be eligible for that ?

[soalbundy]

42 minutes ago, Falcon said:

It’s impossible to get a visa based on supporting a Thai child when the child, when born, won’t be a thai citizen. The citizenship upon birth comes from having a Thai (citizen) mother and the mother isn’t currently Thai, thus the child won’t be a thai citizen through simply being born in Thailand doesn’t give thai citizenship. Best visa you could hope for to apply for is a single entry non-o which would give 3 months validity upon entrance to the country which would then give time for the baby to be born and the child’s mother to receive her Thai citizenship. After this you can apply for an extension based on suooorting a thai child.

How long would the extension be for and can he keep extending or must he leave Thailand and get another none-O outside the country ?

[Maestro]

4 hours ago, sanemax said:

On what grounds would he be eligible for that ?

Purpose of trip: visit my child.

[Maestro]

Purpose of visit is entered in the bottom left part of the visa application form.

 

[thisistheendmyfriend]

7 hours ago, Falcon said:

Best visa you could hope for to apply for is a single entry non-o which would give 3 months validity upon entrance to the country which would then give time for the baby to be born and the child’s mother to receive her Thai citizenship. After this you can apply for an extension based on suooorting a thai child.

I understand that as it currently stands, the child will not be a Thai citizen. 

 

But I am curious that you say 

Quote

Best visa you could hope for to apply for is a single entry non-o which would give 3 months validity upon entrance (...)

I can still apply and receive this visa, even IF the citizenship for the mother does not come through before the baby's birth?

[thisistheendmyfriend]

19 hours ago, ubonjoe said:

First there is no guardianship visa. You may be able to get a single entry non-o visa based upon being the parent of a Thai.

Yes there is but it would take some time.

Yes you could apply for a non-o visa if you are are shown as the father on their birth certificate.

You could still get a non-o visa from a embassy or consulate.

Thanks for your answers, ubonjoe. If I need any further clarification on this in the future, should I bump this thread or should I start a new thread?

[ubonjoe]

6 hours ago, thisistheendmyfriend said:

Thanks for your answers, ubonjoe. If I need any further clarification on this in the future, should I bump this thread or should I start a new thread?

Best to post on this topic than starting another one.

[ubonjoe]

6 hours ago, thisistheendmyfriend said:

I can still apply and receive this visa, even IF the citizenship for the mother does not come through before the baby's birth?

You cannot apply unless your child is Thai. Best to ignore that post since it has other misleading and/or incorrect info in it.

[sanemax]

14 hours ago, Maestro said:

Purpose of trip: visit my child.

His child wouldnt be Thai though

Edit (Just read the other posts and seen the replies)

Edited October 21, 2018 by sanemax
addition

[sanemax]

On 10/20/2018 at 2:23 AM, thisistheendmyfriend said:

She is close to having citizenship, as she tells me the governor of Chiang Rai (who was recently changed) needs to sign the paperwork and send it to Bangkok. She says it should be done in a few months (unsure of this timeline). 

    There is the possibility that you gf is being optimistic with her citizenship application and you need to make preparations in case it isnt approved .

  Some people have been waiting years for their citizenship to be approved and nothing seems to happen in regards to the process

[thisistheendmyfriend]

14 hours ago, sanemax said:

    There is the possibility that you gf is being optimistic with her citizenship application and you need to make preparations in case it isnt approved .

  Some people have been waiting years for their citizenship to be approved and nothing seems to happen in regards to the process

Absolutely. I agree with this 100%. 

I drilled down exactly what has happened, what needs to happen, and what are the potential ways to expedite the process. 

She informed me that it's been passed by local authorities, been sent to Bangkok, sent back to Chiang Rai, etc. She said that in her village, a group before her has had the citizenship approved, and she is in the "next group" along with her biological brother. 

She showed me a flow chart in Thai, that indicated the last steps: get the governor to sign it (which is difficult because the governor of Chiang Rai was changed after the cave / football incident.) The previous, outgoing governor was quite sympathetic to these issues and she was dejected after learning he would be transfered (I believe to Phrae or Phayao). 

Of course, like all things in Thailand, she indicated that the right "gift" at New Year or Songkran would expedite the process. 

[thisistheendmyfriend]

18 hours ago, ubonjoe said:

You cannot apply unless your child is Thai. Best to ignore that post since it has other misleading and/or incorrect info in it.

Thanks ubonjoe. Will update this thread as it continues. Might be helpful for somebody else in the future. 

[thisistheendmyfriend]

Just to update everybody. @ubonjoe, she is now a Thai with a National ID card that starts with the number "8" (Thai nationals by naturalization). Therefore, the baby will be born as a Thai. The mother also has her blue Tabien Baan. 

 

The plan will be to go to Penang to apply for a multi entry non-immigrant O visa for taking care of a Thai child. 

 

Thanks for your input, everybody.