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Posted

Hi all,

went to Nakhon phanom immigration today to do a 60 day extension on my 90 day non o based on being the father 2 Thai children. To my shock I was refused because the children were not legitimised in the ambur 

staff was very good and said the only option I have is to do a Covid-19 extension which in which I agreeded have to go back in 15 days to see if approved 1900bt anyone else have this problem?

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Posted

At most immigration offices, you do not need to be legitimised as the father for the 60-day extension (as long as you are listed as the father on the birth certificate). It is always necessary that your parentage be legitimised for a one-year extension. In appears that Nakhon Phanom does not follow the usual rules. Since you were offered a usable alternative of a Covid extension, it does not appear necessary to worry about it at this stage. How old are the children? If at least one is older (I forget the minimum age) a simple visit to the amphoe can quickly achieve the desired legitimisation for the future. Legitimisation through the court is only necessary for babies and younger children.

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Posted

I had all the required documents as listed and my name is on the birthcerts even went as far and said a friend of mine got it done last week at khon kaen immigration . But no joy but happy after 4 hours at the desk I left with the 15 day come back stamp for COVID extension. But she did say I can only use the COVID extension once. If I got the legitimazation done during the 60 day COVID extension could I convert back to a non o 60 day or year extension?

Posted

If doing this on the basis of a child rather than wife, does the child have to be in Thailand at that time, permanently resident in Thailand or does it not matter. The child is on the house book.

Posted
52 minutes ago, Justin34 said:

I had all the required documents as listed and my name is on the birthcerts even went as far and said a friend of mine got it done last week at khon kaen immigration . But no joy but happy after 4 hours at the desk I left with the 15 day come back stamp for COVID extension. But she did say I can only use the COVID extension once. If I got the legitimazation done during the 60 day COVID extension could I convert back to a non o 60 day or year extension?

They were completely wrong. As you can see in the post I did you do not have to be the legal father of your child to apply for the 60 day extension to visit them.

In a way getting the 60 day covid extension was best since you can only apply for one 60 day to extension to visit your child per entry. If they stop doing the covid extension you could then apply for the 60 day extension to visit your child.

There is no rule that only one 60 day covid 19 extension can be applied for and issued. 

You did not convert anything. Your non-o visa entry was extended for 60 days. 

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Posted
14 hours ago, ctxa said:

Yes sure, even if your name is on their birth certificate, it doesn't mean that you are their legal father according to Thai laws! Please use the search function of this forum and you will find another post with all the steps needed to be their legal father under Thai laws!

 

https://forum.thaivisa.com/topic/381917-how-to-gain-parental-rights-as-a-father/

Absolutely not for a 60 day extension, on a visa that is already granted on the basis of having children. Immigration is dead wrong in this case, as well as you.

Posted
53 minutes ago, Bangkok Barry said:

I wonder what would happen if the OP returned to the office with all the info provided here, proving they were wrong about the for-child extension and the one-time only covid extension? I can't imagine any Thai, especially an immigration officer, admitting they were wrong. Just another example of us living on s knife-edge here, allowed or disallowed at the whim of an IO ignorant of the rules.

 

I believe there is an appeal process. How does that work, please, should I ever need it myself?

I’d say the officer would save face by having other reasons the OP could not get the visa.

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Posted
1 hour ago, Bangkok Barry said:

I believe there is an appeal process.

There has not been appeal process since 2014 when a new immigration order was issued.

About the only thing now is to call the 1178 helpline.

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Posted
On 12/16/2020 at 7:05 AM, ubonjoe said:

You are wrong. Legitimization is not required for a 60 day extension to visit a Thai child. It is only needed for a one year extension.

Uhmm I am not married, as well many other guys I know yet we are all on the yearly extensions based on a Thai child. CM immigration themselves didn't require this too, just the money part mattered. My personal extension was done via KK immigration but others I know are all around TH.

 

So I guess there are different rules everywhere then and what you say is not 100% valid in reality. Perhaps this is the case only when you are no longer together with the mother too?

Posted
10 minutes ago, ChaiyaTH said:

So I guess there are different rules everywhere then and what you say is not 100% valid in reality.

It is written in clause 2.18 for a extension based upon being the parent of a Thai. It certainly not a local office policy.

Being the legal father of a child can be from marriage to their mother or legitimization of your parenthood.

Posted
50 minutes ago, ubonjoe said:

It is written in clause 2.18 for a extension based upon being the parent of a Thai. It certainly not a local office policy.

Being the legal father of a child can be from marriage to their mother or legitimization of your parenthood.

I have neither and its similar for the guys I mentioned. CM also didn't ask anything like that. He only has my last name in his birth certificate.

Posted
50 minutes ago, ubonjoe said:

It is written in clause 2.18 for a extension based upon being the parent of a Thai. It certainly not a local office policy.

Being the legal father of a child can be from marriage to their mother or legitimization of your parenthood.

Unless I became legal father by accident? I have never needed to show proof though. When we got the passport they also required me to sign strangely enough.

Posted
50 minutes ago, ChaiyaTH said:

I have neither and its similar for the guys I mentioned. CM also didn't ask anything like that. He only has my last name in his birth certificate.

I can assure you many people have had to do it. One office not asking for it does not mean all of them will be the same.

 

48 minutes ago, ChaiyaTH said:

When we got the passport they also required me to sign strangely enough.

No same as applying  for a one year extension. You were only giving consent for your child to get a passport.

Posted
15 minutes ago, ubonjoe said:

I can assure you many people have had to do it. One office not asking for it does not mean all of them will be the same.

Well we are talking about 4 different offices that aren't the smallest so I still confused. Never heard of this before at all but don't doubt it's written somewhere if you say so.

Posted
49 minutes ago, ChaiyaTH said:

Well we are talking about 4 different offices that aren't the smallest so I still confused. Never heard of this before at all but don't doubt it's written somewhere if you say so.

From clause 2.18 immigration order 138/2557 for supporting document for a extension of stay.

"3. Copy of documents proving relationship, such as a marriage certificate, a birth certificate, registration of child legitimization, household registration certificate, child adoption registration certificate, or other evidence from the government or relevant agency?"

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