1 Year Multi-Entry Non-Immigrant 'O' Visa based on Thai Child(ren) Current Options 2020

[codebunny]

Just to clear up some confusion... I always thought the the 1-Year Multi-Entry Non-Immigrant 'O' Visa for visiting family, was not a "spouse" visa or "marriage" visa, and that simply having children who are Thai citizens with an ID card and passport, and name on Tabian barn was sufficient to get this visa. This might be pertinent for those whose marriage to a Thai ends either through death or divorce, and they want to maintain their access to Thailand, and where they have children who have Thai citizenship as described above, irrespective of whether those children can communicate in Thai or reside in Thailand.

 

If anyone can point to any official documentation of the rules to clear this one up, that would be appreciated. Thank you.

[ubonjoe]

You can a multiple entry non-o visa based upon marriage at several embassies and consulates.

To get one based upon being the parent of a Thai is limited. Penang will do one but you will need to show 400k baht in a bank.

Savannakhet and HCMC will only issue one based upon marriage to a Thai,

[codebunny]

Thanks for that... do you happen to have a link to the Thai version of the law that this visa is based on?

 

Is it this (section 34/15):

https://www.immigration.go.th/read?content_id=58b4f72454b2f90a80136447

 

Or is there some additional regulation?

 

It sounds like, if they can do that at Penang, then the letter of law may well not differentiate between which Thai family member it is (spouse v child) or the two income rules (400k v 40k/mo), or Penang wouldn't be able to issue one, I guess.

[ubonjoe]

3 minutes ago, codebunny said:

Is it this (section 34/15):

No

That is the immigration act.

The Ministry of Foreign Affairs has regulations and policies for the issuance of visas.

You will find the requirements vary from embassy to embassy.

 

[codebunny]

OK

 

My wife (and she is very fluent and credible) says it's very clear on the Thai language consular.go.th site that it's possible to obtain a 1-Year Multi-Entry Non-Immigrant 'O' Visa on the basis of having a Thai Child (i.e.: บุตร )who you can prove you are the legal parent of, via a Thai birth certificate (i.e.: สูติบัตร ), and that Thai birth certificate has to be sorted out in the country they were born in via the Thai Embassy there.

So even if you have children with a Thai woman, and you are married to her, if they don't have Thai versions of their birth certificates then you can't use your Thai children to get a visa.

The ID card and Passport is not relevant, and the ID card can be done from the age of 8 only. I think that answers my question.

 

She adds that many consulates/embassies are not confident when it comes to interpreting the rules, and may default to the 400k in the bank rule, not because it's the official rule, but because they want to keep life simple for themselves, and don't necessarily care whether they follow the rules correctly.

 

Quote

•  สำหรับ (O) การเข้ามาในฐานะเป็นบุคคลในครัวเรือนหรือในความอุปการะ
-  หลักฐานการเป็นบิดา มารดา บุตร / สูติบัตร / ใบสำคัญการสมรส

http://www.consular.go.th/main/th/services/111218-Non-Immigrant-Visa.html

http://www.mfa.go.th/main/en/services/4908/15398-Issuance-of-Visa.html

[codebunny]

She adds that if your Thai/dual national kids are older than 8 years old, and have a Thai ID card, you can use that, because the same ID number will be on their Thai birth certificate. On the birth certificate for your Thai/dual national child who is under 8 years old, there won't be an ID card number if the child was born abroad; if the child was born in Thailand it will have an ID card number on it's Thai birth certificate.

 

I know this because I have dual national kids one of which was born in Thailand, and the others were born in the UK, and I've been to Ampheu offices and the UK embassy enough times to have some familiarity with the process of getting UK-born Thai/dual-national children their ID cards and Tabian Barn registration, and the process of registering a new birth of a Thai/dual-national child at a local Ampheu office.

[codebunny]

40 minutes ago, codebunny said:

She adds that many consulates/embassies are not confident when it comes to interpreting the rules, and may default to the 400k in the bank rule, not because it's the official rule, but because they want to keep life simple for themselves, and don't necessarily care whether they follow the rules correctly.

She says that the rule is clear to her that it allows enough room for manoeuvre for the immigration officers to apply the 40,000/month rule, and that the source of income is ambiguous, and it allows for any proof of income, such as tax receipt, bank statements, and in her opinion payslips are not ruled out, because they have tax stated on it, and you probably won't need it translated. HMRC P60 or a letter from employer or contract is not really relevant, but doesn't hurt to have to show. She doesn't mind going with me to show and explain the MFA rules to them to get them to relax and apply them correctly without any blowback on them; I am happy to report back on this later.

 

She says for people on a pension the money has to go into a Thai bank, but for those who are not on a pension, and who are working, payslips from employment overseas satisfy the letter of the law... it just says for part 1 "proof of source of income for a family member" (family member proven by Thai birth certificate or ID card if they are your Thai/dual-national child);

section 2 only applies to pensioners who are also a member of a Thai family (not limited to a Thai spouse - she is certain you can be a pensioner with only Thai children, it doesn't say anywhere that you have to still be married, you only have to show a marriage certificate if you have one, if you don't then you can use your Thai/dual national child with their Thai birth certificate or ID card).

Section 3. does not apply to British, Americans, or Australians.

 

She says part of the problem is non-Thai speakers reading translations that are not complete interpretations of what the Thai law or rules intend. Just pasting it into Google translate, or getting a Thai with limited English or experience to explain it leads to misinterpretations of these rules. Add to that the Thai staff lacking in confidence and experience to interpret and administer them correctly.