Single Non O dependent Visa after amnesty

[thai999]

Hi,

I am right now staying on a Single Non O Dependent Visa for my Thai Child. The Visa was extended already and the extension expired in May. Which options do I have to stay after amnesty ends on the 26th? I heard people here saying you cannot extend the Non O, is that true?

[dimitriv]

If I understood everything correctly you will have to leave.

 

The 2 month extension (what you already used) could give you 2 more months plus the possibility for an extra year if you meet all the demands.

 

[thai999]

Is it not possible to do any other visa? I read something about putting 400k on my thai bank account or does this only count for people married to thai nationals? I still cannot imagine I have to leave and that no other extension is possible... Which countries are open right now around thailand to make a new visa?

[BritTim]

9 minutes ago, thai999 said:

Is it not possible to do any other visa? I read something about putting 400k on my thai bank account or does this only count for people married to thai nationals? I still cannot imagine I have to leave and that no other extension is possible... Which countries are open right now around thailand to make a new visa?

You should be able to get a one-year extension of stay if you can provide financial proof. If you already have 400,000 baht in a Thai bank account in your own name, talk to your local immigration office to see whether there are other key requirements you need to meet.

[fishtank]

400,000 in a Thai bank for two months or 40.000 monthly income is needed for a 12 month extension for having Thai family.

You need a Non Imm Visa to apply.

Quite what is the procedure at the moment is anyones guess.

Go and ask at your local Immigration office.

Edited September 3, 2020 by fishtank

[thai999]

My daughter is 2 years old and i remember the 1 year extension is only possible if she is my legal daughter proven by thai court, am i right?

[BritTim]

10 minutes ago, thai999 said:

My daughter is 2 years old and i remember the 1 year extension is only possible if she is my legal daughter proven by thai court, am i right?

If you were married to the mother, your daughter is already legalised. Otherwise, yes, your daughter must be legalised via a court process if she is only two years old.

[thai999]

We are not married. So that means my only option is to leave right? Any neighbouring countries open already?

[BritTim]

54 minutes ago, thai999 said:

We are not married. So that means my only option is to leave right? Any neighbouring countries open already?

Talk immediately to a Thai family lawyer to see if it is possible to expedite the legalisation process. If the mother is agreeable and willing to cooperate, I suspect it is possible to arrange this within days.

[Max69xl]

18 hours ago, thai999 said:

We are not married. So that means my only option is to leave right? Any neighbouring countries open already?

You don't have to be married to be able to apply for an extension based on having a Thai kid, but you must be the legal parent, have at least joint custody and have the birth certificate from amphur. You need to talk to the local immigration office. There's no neighbouring country you can go to. 

[thai999]

I am the legal parent but only from my home country. She has my name and a passport from my home country already and the document that she is my legal daughter. But we haven’t done that yet with the Thai country. As far as i know the only way is doing this by court right? Is it not possible to just translate the document from my home country that she is my legal daughter?

[ubonjoe]

37 minutes ago, thai999 said:

As far as i know the only way is doing this by court right?

That is correct until they are 7 years old which is the age that it can be done at a Amphoe. 

Lots of info in this topic. https://forum.thaivisa.com/topic/381917-how-to-gain-parental-rights-as-a-father/

 

37 minutes ago, thai999 said:

Is it not possible to just translate the document from my home country that she is my legal daughter?

Not for immigration. 

[Peter Denis]

21 hours ago, fishtank said:

400,000 in a Thai bank for two months or 40.000 monthly income is needed for a 12 month extension for having Thai family.

You need a Non Imm Visa to apply.

...

That is correct when applying for the 1-year extension for reason of marriage.

But although also 400K is needed when applying for the 1-year extension for reason of being the parent of a Thai child, there is no need for the 2-month seasoning of those funds and they only need to be on your personal thai bank-account at the moment of application.

Edited September 4, 2020 by Peter Denis

[dimitriv]

4 hours ago, Max69xl said:

You don't have to be married to be able to apply for an extension based on having a Thai kid, but you must be the legal parent, have at least joint custody and have the birth certificate from amphur.

 

Is that really so?  You can get a 3 month non-O visa with only a birth certificate, but for an extension you need to be a legal parent?

 

[RedCardinal]

23 hours ago, BritTim said:

Talk immediately to a Thai family lawyer to see if it is possible to expedite the legalisation process.

When I was waiting to legitimise my son via the family court I was able to use the pending court date to get an extension of stay. It was a few years back so I may be missing some details, but the main reason I remember is that the extension should have been free but they still charged me 1900. AFAIK having a court date provides some special prices as far as immigration is concerned. Worth the op investigating perhaps?

[thai999]

4 hours ago, ubonjoe said:

That is correct until they are 7 years old which is the age that it can be done at a Amphoe. 

Lots of info in this topic. https://forum.thaivisa.com/topic/381917-how-to-gain-parental-rights-as-a-father/

 

Not for immigration. 

I mean if I translate this document with an official translate office and show this the amphur, this will not be enough yes? 

[RedCardinal]

If the child is only 2 I'm pretty sure you need to go to the family court.

[thai999]

i know but like i said from the law from my home country she is my legal daughter already because we did that already with my embassy. We got a document from there that she is me legal daughter and she got her passport and birth certificate from my home country, too. Can I not just translate this document and show it the amphur?

[BritTim]

4 hours ago, thai999 said:

i know but like i said from the law from my home country she is my legal daughter already because we did that already with my embassy. We got a document from there that she is me legal daughter and she got her passport and birth certificate from my home country, too. Can I not just translate this document and show it the amphur?

If this was acceptable, someone would have done it in the past. Sorry, but the law is very clear on this, and even a well connected agent is not going to be able to circumvent these kinds of requirements.

 

Have you spoken to a good Thai family lawyer yet? What did they say?

 

EDIT: Also, see message #15 which explains that you may be able to stay based on an extension while the legal proceedings necessary for the legalisation of your daughter are in progress. Again, talk to your lawyer about this.

Edited September 4, 2020 by BritTim

[hanuman2]

9 hours ago, Peter Denis said:

That is correct when applying for the 1-year extension for reason of marriage.

But although also 400K is needed when applying for the 1-year extension for reason of being the parent of a Thai child, there is no need for the 2-month seasoning of those funds and they only need to be on your personal thai bank-account at the moment of application.

Hi Peter Denis

 

Quick question about the 400k not having to be seasoned for 2-months for parents of a Thai kid. Is that explicitly in the law or have you just heard accounts of this being the case? Could make a big difference for me. Thanks.

[Peter Denis]

3 hours ago, hanuman2 said:

Quick question about the 400k not having to be seasoned for 2-months for parents of a Thai kid. Is that explicitly in the law or have you just heard accounts of this being the case? Could make a big difference for me. Thanks.

Hi, see attached PoliceOrder under 2.18 < In the case of being a family member of a Thai national (applicable only to parents, spouse, children, adopted children, or spouse’s children) >.

In clause (6) the extension requirements for reason of marriage to a thai national, stipulate that the 400K when using the funds-in-bank method need to be seasoned for 2 months at the moment of application.

In clause (5) addressing the extension requirements for being the parent of a Thai child, the 400K is mentioned but there is no need to have them seasoned for 2 months at the moment of application.  They just need to be on your personal thai bank-account at the moment of application, and can be used once your 1-year extension of stay application has been approved after the under consideration period and you got the 1-year permission to stay stamp in your passport.

 

PoliceOrder327_2557(2014)-extensioncriteriaconditionsen-SiamTranslation.pdf

[ubonjoe]

3 hours ago, hanuman2 said:

Quick question about the 400k not having to be seasoned for 2-months for parents of a Thai kid. Is that explicitly in the law or have you just heard accounts of this being the case?

It is written in clause 2.18 of the police order and this on the immigration website at number 18.

"5. In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht 400,000 to cover expenses for one year."

Number is for marriage states 2 months for it.

See: https://www.immigration.go.th/en/?p=14714