Visa based on having a Thai child

[TheLaughingMan]

My friend is getting the run around at immigration, Im assuming to pressure him into using an agent (their suggestion) so they get their share.  He had all the requirements and money and paperwork but suddenly they are saying he needs a paper from the court proving the child is his and you cant get this paper until the child is 5 years old.  His child is less than a month old.  This seems like an outright lie.  What would be the point of the child needing to be 5?  He is named as the father on the birth certificate.  Can anyone confirm this 5 year old thing or proof from the court is complete nonsense or is this actually the law? 

Edited September 27, 2023 by TheLaughingMan

[Sophon]

Is he married to the mother?

[TheLaughingMan]

3 minutes ago, Sophon said:

Is he married to the mother?

Not yet, there's a law about divorce waiting time so he cant marry her until the waiting time of 310 days after her previous marriage ended.

[Sophon]

Having his name on the birth certificate doesn't make him the legal father. He would be, if he was married to the mother, but since he isn't his parenthood has to be legally established. If the child was old enough, that could be done fairly easily by the child confirming that he is his/her father. But since that is not possible, he would need the court to confirm that he is the father (which requires DNA test etc.).

 

Alternatively, he can wait until he can marry the mother, which  would automatically make him the legal father.

Edited September 27, 2023 by Sophon

[Sophon]

8 minutes ago, TheLaughingMan said:

Not yet, there's a law about divorce waiting time so he cant marry her until the waiting time of 310 days after her previous marriage ended.

I believe it's possible to bypass the waiting period by having a doctor confirm that the GF isn't pregnant. 

[TheLaughingMan]

1 hour ago, Sophon said:

Having his name on the birth certificate doesn't make him the legal father. He would be, if he was married to the mother, but since he isn't his parenthood has to be legally established. If the child was old enough, that could be done fairly easily by the child confirming that he is his/her father. But since that is not possible, he would need the court to confirm that he is the father (which requires DNS test etc.).

 

Alternatively, he can wait until he can marry the mother, which  would automatically make him the legal father.

But why does the court need to wait until the child is 5 to do a paternity test?

[Lite Beer]

This might help.  https://aseannow.com/topic/381917-how-to-gain-parental-rights-as-a-father/

[PeachCH]

For a good agent a piece of cake to get the visa. Why not? Not that expensive. 

[Tod Daniels]

9 hours ago, TheLaughingMan said:

But why does the court need to wait until the child is 5 to do a paternity test?

I think your friend is a little confused.

 

Or there was a lost in translation from the immigration office.

 

There are two ways to get granted legal parental rights, one is by going through family Court and the child can be any age.

The other is by going through the local city hall (Amphur), and for that the child has to be a minimum age. Usually between 5 and 7 depending on the Amphur.

Without either the family court decree, or the granting of parental rights from the local Amphur, he can't get either the 90-day Non-O visa or the year extension inside the country based on being the father of a Thai child.

 

He can go to the Thai consulate in Savannahkhet Lao and get a 90 day single entry Non-O visa with minimal documentation, and after that he could also get a 60-day visit Thai family extension once he's inside the country at the local immigration office for 1900.

 

That would buy them close to 5 months to get his act together and get that granting of the parental rights decree.

[CartagenaWarlock]

Is it a new ploy to father a child and then live in Thailand using "childy visa", instead of a "wify visa". Why these desperate people abandoned by their own kind in their homeland are so eager to live in Thailand and resorinting to "childy visa" for their survival in a foreign land. 

[Red Phoenix]

28 minutes ago, Tod Daniels said:

...

There are two ways to get granted legal parental rights, one is by going through family Court and the child can be any age.

The other is by going through the local city hall (Amphur), and for that the child has to be a minimum age. Usually between 5 and 7 depending on the Amphur.

Without either the family court decree, or the granting of parental rights from the local Amphur, he can't get either the 90-day Non-O visa or the year extension inside the country based on being the father of a Thai child.

 

He can go to the Thai consulate in Savannahkhet Lao and get a 90 day single entry Non-O visa with minimal documentation, and after that he could also get a 60-day visit Thai family extension once he's inside the country at the local immigration office for 1900.

That would buy them close to 5 months to get his act together and get that granting of the parental rights decree.

Thanks Tod, very valuable information you provided here to the OP!

Some additional info: Applying at the Thai consulate in Savannakhet (Laos) for the 90-days SingleEntry (1.500 THB) or 1-year MultipleEntry (5.000 THB) Non Imm O Visa for reason of marriage, basically only requires a Marriage certificate with a Thai national.  And the Visa is provided next day. 

It would be recommended when taking that option that he applies for the MultipleEntry one, it costs a bit more but has the advantage that when his case drags on that he would be able to stay 15 or 17 months in Thailand.  That MultipleEntry Non Imm O Marriage Visa provides a 90-day Permission to stay with each entry in Thailand, and each entry can also be extended for 60-days for reason of visiting his wife (but that requires co-operation of his wife which would need to accompany him when applying for the 60-days extension). 

OP > When you are interested in that option, we can provide you with all specific info to get hold of that ME Non Imm O Marriage Visa.

[soalbundy]

9 hours ago, TheLaughingMan said:

But why does the court need to wait until the child is 5 to do a paternity test?

I had my father/son relationship legalized by the court in Surin when he was just 3 months old.

[Tod Daniels]

8 hours ago, Red Phoenix said:

Thanks Tod, very valuable information you provided here to the OP!

 

they are NOT married to the mother of their child, and can't GET married for like 310 days or some time LONG in the future 
That year-long multi-entry Non-O suggestion is getting the cart WAY before the wh*re ???? err I mean cart before the horse sorry..
 

 

19 hours ago, TheLaughingMan said:

Not yet, there's a law about divorce waiting time so he cant marry her until the waiting time of 310 days after her previous marriage ended.

 

[Tod Daniels]

8 hours ago, CartagenaWarlock said:

Is it a new ploy to father a child and then live in Thailand using "childy visa", instead of a "wify visa". Why these desperate people abandoned by their own kind in their homeland are so eager to live in Thailand and resorinting to "childy visa" for their survival in a foreign land. 

I think you have your wires crossed there Cartagena. .. ????

Many foreigners have children with thai women they are not married to and it's a process they go thru to get granted legal parental rights, has nothing to do with their "survival" in the glorious "Land 'O Thaiz"

I don't quite get your question at all? What difference is it to you what visa foreigners decide to be on (marriage to a thai OR raising thai children) as long as they meet the requirements they're allowed to get those visa/extensions

[khunPer]

20 hours ago, TheLaughingMan said:

My friend is getting the run around at immigration, Im assuming to pressure him into using an agent (their suggestion) so they get their share.  He had all the requirements and money and paperwork but suddenly they are saying he needs a paper from the court proving the child is his and you cant get this paper until the child is 5 years old.  His child is less than a month old.  This seems like an outright lie.  What would be the point of the child needing to be 5?  He is named as the father on the birth certificate.  Can anyone confirm this 5 year old thing or proof from the court is complete nonsense or is this actually the law? 

As above in earlier post, when not married to the mother you need an DNA test when the child is at that age.

[Red Phoenix]

48 minutes ago, Tod Daniels said:

they are NOT married to the mother of their child, and can't GET married for like 310 days or some time LONG in the future 

Oops, if he is not married to a Thai national that rules out applying for the ME Non Imm O Marriage Visa at the Thai Consulate in Savannakhet (or applying for a 60-day extension for reason of marriage at his local Imm Office). 

Even if he would not be able to get hold of the required documentation to apply for a Visa/extension for reason of Thai child, for sure there are other options for him to stay in Thailand.  But to provide relevant advice on those options, more info is needed, like his age, nationality and on which Visa he is currently staying in Thailand (as well as the expiry date of his Permission to stay).

 

Edited September 28, 2023 by Red Phoenix

[elliottm]

If you currently reside under Non Imm O for Thai spouse annual extension is it possible to use Thai child if you have had a child while married at the next extension?

[Red Phoenix]

2 hours ago, elliottm said:

If you currently reside under Non Imm O for Thai spouse annual extension is it possible to use Thai child if you have had a child while married at the next extension?

Yes, that is possible but be aware that there are a couple of Imm Offices that do not allow you to apply for reason of dependant child (so better check with your local Imm Office). 

The obvious benefit for doing an application for reason of dependant child instead of for reason of being married to a Thai national, is that the 400.000,- THB on a personal Thai bank account ONLY need to be available at the moment of application for the dependant child based 1-year extension.  While for a 1-year extension based on your Non Imm O Visa for reason of marriage, the funds need to be seasoned on your Thai bank-account for at least 2 months at the moment of application.