Can a Retirement Visa holder sponsor a child's dependent visa?

[Lotz]

Hello all!

I have a Thai Non-O visa based on retirement. I'm also the parent of an 18-year old, who lives with me in Phuket (currently on a tourist visa).  Ideally, we'd like for him to stay on a dependent visa (Non-O) until he turns 20 years old. 

 

However, here in Phuket we have been told that it's not possible for me to sponsor a visa for a dependent child.   

 

I was hoping someone could share their experience. Perhaps it is possible in other provinces? 

 

Thanks in advance.

[DrJack54]

I will kick it off and let others with personal experience advise.

 

Check out this thread. 

Thinking son needed to enter on a non O and not tourist visa.

Perhaps that's why immigration said No.  

 

https://aseannow.com/topic/721700-visa-for-dependent-child/

 

 

Edited March 27, 2023 by DrJack54

[Maestro]

I assume you have a retirement extension under clause 2.22 of Police Order 327/2557. If this is the case, the immigration office should accept your son's application for a change of visa status to non-O and subsequently his application for a one-year extension of stay under clause 2.20(4) of the Police Order.

 

https://drive.google.com/file/d/0BwNib_gx9zYEYkFjMUNHV1pXdWs/view?usp=drivesdk&resourcekey=0-HbhenggAPK_pepIDEzdVCA

 

[soisanuk]

As mentioned by Dr Jack 54, a dependent spouse or child must have entered Thailand on a Non-Immigrant Visa in order to be granted an extension of stay based on your having a retirement extension.  It is my understanding that the dependent cannot apply for the Non Immigrant Visa within Thailand.

[DrJack54]

2 hours ago, soisanuk said:

  It is my understanding that the dependent cannot apply for the Non Immigrant Visa within Thailand.

+1

Think common mistake is example farang guy enters and obtains a non O retirement with his non Thai wife who enters on tourist visa. 

The plan that she piggyback on husbands visa/extension as dependent.

The issue is she needs to apply for non O outside of Thailand. 

Solution for the OP son is a visa run. 

Edited March 28, 2023 by DrJack54

[Liquorice]

@Maestro is correct.

According to the OP, his son entered as a Tourist (VE/TV?)

To piggyback his Fathers' extension, he must have Non Immigrant status.

He can apply for the change of status (Non O) at his local Immigration office.

 

Procedure here;

VE-TV to Non O Dependant.pdf 

 

No. 8 on this list;
https://bangkok.immigration.go.th/en/issuing-and-changing-type-of-visa/ 

 

[DrJack54]

4 minutes ago, Liquorice said:

He can apply for the change of status (Non O) at his local Immigration office.

Not sure about that.

Yes indeed someone can change from eg tourist visa to non O retirement.

Not sure if someone can change to non O as a dependent.

 

Here is thread discussing non Thai wife options to piggyback on husbands retirement visa.

Ubonjoe replies seem to indicate that the wife would need to obtain non O outside of Thailand.

 

 

[Liquorice]

31 minutes ago, DrJack54 said:

Not sure if someone can change to non O as a dependent.

Open the link;

8. FOR PROVIDING SUPPORT TO OR BEING A DEPENDANT OF A PERSON WHO HAVING RESIDENCY IN THAILAND (NON-O)

[DrJack54]

16 minutes ago, Liquorice said:

Open the link;

8. FOR PROVIDING

Seems to contradict the information in threads. 

The one I posted earlier and others such as this    

Read posts from uj and litebeer. Both mods. 

 

https://aseannow.com/topic/1238930-non-o-or-dependent-for-wife/

Edited March 28, 2023 by DrJack54

[Liquorice]

1 minute ago, DrJack54 said:

Seems to contradict the information in threads. 

The one I posted earlier and others such as this    

 

https://aseannow.com/topic/1238930-non-o-or-dependent-for-wife/

I suspect the IO's were reluctant (poorly trained/lack of ability/knowledge) to process such applications.
Much easier to advise you go out of Country to obtain it, rather than admit they don't know and lose face.

 

I am aware of at least one local expat who managed to obtain a Non O for his son from Immigration, but it wasn't plain sailing.

[soisanuk]

3 hours ago, Liquorice said:

Open the link;

8. FOR PROVIDING SUPPORT TO OR BEING A DEPENDANT OF A PERSON WHO HAVING RESIDENCY IN THAILAND (NON-O)

It is possible that the term "Residency" means someone who has obtained Thai permanent residency rather than those residing here on the basis of continuing annual extensions of stay.  

[BritTim]

9 hours ago, Maestro said:

I assume you have a retirement extension under clause 2.22 of Police Order 327/2557. If this is the case, the immigration office should accept your son's application for a change of visa status to non-O and subsequently his application for a one-year extension of stay under clause 2.20(4) of the Police Order.

 

https://drive.google.com/file/d/0BwNib_gx9zYEYkFjMUNHV1pXdWs/view?usp=drivesdk&resourcekey=0-HbhenggAPK_pepIDEzdVCA

 

 

6 hours ago, soisanuk said:

As mentioned by Dr Jack 54, a dependent spouse or child must have entered Thailand on a Non-Immigrant Visa in order to be granted an extension of stay based on your having a retirement extension.  It is my understanding that the dependent cannot apply for the Non Immigrant Visa within Thailand.

My understanding is that @soisanukhas provided correct information. The rules for a "conversion" Non O visa at Immigration are not the same as for an extension of permission to stay. There are various cases where you must have acquired the visa at a consulate outside Thailand. This is one of them.

[Maestro]

12 hours ago, BritTim said:

 

My understanding is that @soisanukhas provided correct information. The rules for a "conversion" Non O visa at Immigration are not the same as for an extension of permission to stay. There are various cases where you must have acquired the visa at a consulate outside Thailand. This is one of them.

The way I see it, there is clearly a difference between the official guideline published on the website of the Bangkok immigration office for the the issuance of a non-O visa for a dependent of a "person having residency in Thailand (non-O) " by an immigration office and the way this guideline is interpreted and implemented by some immigration offices.

 

One question that has been brought up is whether "residency" as used in the guideline is perhaps meant to refer to what we know as "permanent residenccy".

 

As "residency" is used here in the context of a "person having residency in Thailand (non-O) " and as "non-O" is a short form for "non-immigrant visa category O", used not only on this forum but also on the websites of the Ministry of Foreign Affairs, Thai consulates and the Immigration Bureau, "residency" in this context cannot mean "permanent residency"  because permanent residents are in Thailand not on the basis of a non-O visa, but on the basis of an immigrant visa or a non-quota immigrant visa.

 

 

 

[DrJack54]

The fact that @Lotz started thread on Monday and has not replied or visited since does not inspire confidence.

In any event OP, your son will need to obtain the non O outside of Thailand and then apply for subsequent extension. 

Edited March 29, 2023 by DrJack54

[Lotz]

Thank you, everyone! I really appreciate you taking the time to provide advice and input. It's given us something to work on.

We were previously told by the Phuket Immigration, that he should get an ED visa, since he is a child and should be in school (which he is, but online). It would be great, if he can come back in on an O visa and follow mine. 

[Lotz]

On 3/29/2023 at 8:16 AM, DrJack54 said:

The fact that @Lotz started thread on Monday and has not replied or visited since does not inspire confidence.

In any event OP, your son will need to obtain the non O outside of Thailand and then apply for subsequent extension. 

That's a fair point. Nevertheless I really do appreciate the answers received and will proceed as above. 

[Lotz]

On 3/28/2023 at 1:25 PM, BritTim said:

 

My understanding is that @soisanukhas provided correct information. The rules for a "conversion" Non O visa at Immigration are not the same as for an extension of permission to stay. There are various cases where you must have acquired the visa at a consulate outside Thailand. This is one of them.

This is in line with the information I have received too - and it's not a problem for us to go abroad to apply for the non-o visa. 

[Lotz]

On 3/28/2023 at 3:28 AM, Maestro said:

I assume you have a retirement extension under clause 2.22 of Police Order 327/2557. If this is the case, the immigration office should accept your son's application for a change of visa status to non-O and subsequently his application for a one-year extension of stay under clause 2.20(4) of the Police Order.

 

https://drive.google.com/file/d/0BwNib_gx9zYEYkFjMUNHV1pXdWs/view?usp=drivesdk&resourcekey=0-HbhenggAPK_pepIDEzdVCA

 

Yes, that's my current visa. Thanks for providing the link. 

 

It leads me to another question: Is there a financial requirement for the person who piggybanks on the visa? In other words, if he obtains a non-O visa and applies for an extension of stay as a dependant, will we need to show a bank statement of 800,000 + 800,000 baht? 

[DrJack54]

20 minutes ago, Lotz said:

That's a fair point. Nevertheless I really do appreciate the answers received and will proceed as above.

My point is that myself along with others suggested options.

 

Obtaining a non O outside of Thailand.

 

If you had engaged and stated that your son would be interested in attending school that perhaps would have also been suggested as an option. 

Just a guess but most 18 yr olds would not be looking at Non ED.

 

In any event my suggestion is next time you start a thread get involved. 

[DrJack54]

7 minutes ago, Lotz said:

It leads me to another question: Is there a financial requirement for the person who piggybanks on the visa? In other words, if he obtains a non-O visa and applies for an extension of stay as a dependant, will we need to show a bank statement of 800,000 + 800,000 baht?

No

[Lotz]

24 minutes ago, DrJack54 said:

No

Yay! And thanks for answering my questions. 

[DrJack54]

1 minute ago, Lotz said:

Yay! And thanks for answering my questions. 

No worries.

Jealous you have son in Thailand.

Lucky 18yr old.