Non - O based on having a Thai Child

[maximoB]

Hi, I soon be getting a Non - o type of visa based on having a Thai Child. Could I still get a Work Permit with  it , e.g. for Teaching? Thanks

[Rob Browder]

Yes - one can get a work-permit with a Non-Imm-O permitted-stay based on a Thai wife or child.

[Liquorice]

19 minutes ago, Rob Browder said:

Yes - one can get a work-permit with a Non-Imm-O permitted-stay based on a Thai wife or child.

Will you be applying for the Non O from a Thai Embassy or from Thai Immigration?

Was the child born in wedlock and does he/she live with you?

[maximoB]

from a Thai Embassy, I'm planning to get in Vientiane..

[Santzes]

Just checking to make sure, I'm correct it's not possible to get a one year extension based on child if I'm not the guardian, right? Even if in actuality I'm the one taking care of her and officially her father..

[fredwiggy]

1 minute ago, Santzes said:

Just checking to make sure, I'm correct it's not possible to get a one year extension based on child if I'm not the guardian, right? Even if in actuality I'm the one taking care of her and officially her father..

Just having a child you can prove is yours will give you a dependent visa.

[Santzes]

5 minutes ago, fredwiggy said:

Just having a child you can prove is yours will give you a dependent visa.

I know I can get the visa but I thought the one year extension required guardianship? A hundred wasted visaruns if I'm wrong...

[fredwiggy]

15 minutes ago, Santzes said:

I know I can get the visa but I thought the one year extension required guardianship? A hundred wasted visaruns if I'm wrong...

I'm sure you can get joint custody here., although you did say you're taking care of her.  Just having a child that's yours should give you that 1 year extension., especially if she's living with you some of the time.

[DrJack54]

13 minutes ago, Santzes said:

I know I can get the visa but I thought the one year extension required guardianship? A hundred wasted visaruns if I'm wrong...

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

[Santzes]

4 minutes ago, DrJack54 said:

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

So I guess I got wrong information and just trusted it for some reason.. pffft thanks. Sorry for taking over the thread. What a waste of time and money these visaruns and constant extensions have been..

[maximoB]

1 hour ago, Liquorice said:

Will you be applying for the Non O from a Thai Embassy or from Thai Immigration?

Was the child born in wedlock and does he/she live with you?

at Thai Embassy Vientiane  ..

[DrJack54]

2 minutes ago, maximoB said:

1 hour ago, Liquorice said:

Will you be applying for the Non O from a Thai Embassy or from Thai Immigration?

Was the child born in wedlock and does he/she live with you?

at Thai Embassy Vientiane  ..

It's the last 2 questions you did not address that's important. 

[maximoB]

50 minutes ago, Santzes said:

Just checking to make sure, I'm correct it's not possible to get a one year extension based on child if I'm not the guardian, right? Even if in actuality I'm the one taking care of her and officially her father..

I think you need to "legitimized" your being a father if you are not married to the mother at the district office to get 1 year extension and 400k baht.. 

[DrJack54]

1 minute ago, maximoB said:

I think you need to "legitimized" your being a father if you are not married to the mother at the district office to get 1 year extension and 400k baht.. 

There are other requirements.

This thread contains information and links to other threads and info links. 

 

https://aseannow.com/topic/1327020-extension-of-stay-based-on-having-a-thai-child/

 

[maximoB]

Just now, DrJack54 said:

It's the last 2 questions you did not address that's important. 

I'm living with the child but not married to the mother. I had already gotten a Non-o based on being a parent 10 years ago and worked also a teacher. 

 

[DrJack54]

1 hour ago, maximoB said:

I'm living with the child but not married to the mother. I had already gotten a Non-o based on being a parent 10 years ago and worked also a teacher. 

 

To be clear. Child lives with you and you were previously married to Thai mother. 

 

 

 

 

 

 

 

[Liquorice]

3 hours ago, maximoB said:

I think you need to "legitimized" your being a father if you are not married to the mother at the district office to get 1 year extension and 400k baht.. 

It depends.

 

In terms of applying for a Non Imm O visa from a Thai Embassy, based on a Thai child, then the child's birth certificate with you named as the Father on the certificate is sufficient for them to issue the visa.
 

Applying for the 1-year extension of stay at Immigration based on Thai child is a different kettle of fish.
If you were married to the Mother when the child was born, then you're automatically recognised as the legal Father under Thai law, and one would assume when you divorced/widowed you were granted full parental rights, as the child lives with and is supported by you.

On the other hand, if you were not legally married to the child's Mother at the time of birth, then Thai law does not automatically recognise you as the legitimate Father. In this situation, you need to legitimize the child, with which you acknowledge before the law that you are the father of the child, in order to be granted full parental rights.

 

Old archived thread on the subject here: https://aseannow.com/topic/381917-how-to-gain-parental-rights-as-a-father/

 

 

I assume the child is registered in a Tabien Baan and has a Thai ID card?

 

Requirements for an extension based on Thai child;  https://bangkok.immigration.go.th/en/visa-extension/#1610937437663-90b1feab-b48a   Item 18.
Thai Child:

Each permission shall be granted for no more than one year.

Criteria for Consideration

1. Applicant must have been granted a non-immigrant visa (NON-O)
2. Having proof of relationship
3. Having evidence of nationality of Thai children
4. Children, adopted children, or stepchildren being considered for guardianship must meet the following criteria: Must be unmarried, must reside within the same household and under 20 years of age, except in cases of illness, disability or the inability to support themselves and must remain under the care and protection of either the father or mother
5. Having evidence of definite financial the father or mother must maintain an average annual income of no less than 40,000 Baht per month, or must have no less than 400,000 Baht in a bank account in Thailand or have a combination of an average annual income and a deposit totaling at least 400,000 baht to cover expenses for 1 year

List of Documents

1. Application Form for extension of temporary stay (TM.7) attached with one photo of applicant. The photo cannot be older than 6 months.
2. Statement (No.3)
3. Form for acknowledging the criteria and conditions required for temporary residence permission within the Kingdom. (STM.2)
4. Copy of passport first page with photo and copy last stamp, first visa, last visa, departure card (TM 6), Report address (TM30), Report 90 days
5. Evidence of relationship
   1. Copy of Birth certificate and household registration of Thai children
   2. Copy of Registration of Child Legitimacy (Khor Ror.11) and a copy of the court judgment (if any)
   3. In the case of parents register their marriage in Thailand
      • Copy of Marriage Certificate (Khor Ror 3)
      • Copy of Registration of Marriage (Khor Ror 2)
   4. In the case of parents register their marriage abroad
      • Copy of Marriage Certificate
      • Copy of Record of family status (Khor Ror 22)
   5. * In the event of divorce, please provide both the divorce certificate and divorce registration
6. Copy of Identification and household registration of Thai pare
7. School certificate (If the child is currently enrolled). A picture of the father or mother with the child in front of the school (Within the last 6 months)
8. Documents supporting financial status of the father or mother
   1. In case of working in Thailand
      • Foreigner’s work permit
      • A certificate from the employer company, signed by an authorized person, should include details about job duties, the type of position as per the work permit, and a monthly salary of no less than 40,000 baht
      • Form of filing income tax withholding (Phor Ngor Dor 1) past 3 months and latest personal income tax (Phor Ngor Dor 91) together with receipt must be certified by The Revenue Department
      • The original certificate of company registration and the list of company shareholders (B.O.J. 5) must be certified by The Department of Business Development within the previous 6 months
      • 2 pictures depicting individuals in the act of performing their work duties, 2 pictures with the office building in the Background and Company map
   2. In case of having money in a bank account in Thailand (Fix/Saving Deposit)
      • Letter from the bank certified the account in the bank no less than 400,000 Baht
      • A copy of bank passbook dated as of the application submission date, showing a balance of no less than 400,000 Baht
   3. In case of having any other income from abroad such as pension
      • Letter from the applicant’s Embassy in Bangkok verified monthly pension or other income not less than 40,000 Baht
   4. In the case of have a combination of an average annual income (Evidence according to Section 8 (3)) and have total calculated deposits of not less than 400,000 baht. (Evidence according to Section 8 (2))
9. If your current residence does not match the address on your house registration, please provide the following documents: A rental contract or a certificate from the homeowner, A copy of Homeowner’s ID card, A copy of the house registration of the landlord (if renting) or proof of house ownership (if you own the house), Copy of House lease agreement, Identification and household registration of owner
10. Family picture of applicant for 4 pictures (The photo cannot be older than 6 months/ Outside house 2 pictures, Inside house 2 pictures, House Map
11. Application fee is 1,900 Baht
12. Documents or other evidence as specified by the Committee for Monitoring the Performance of Immigration Officials of the Immigration Bureau

 

REMARKS:

1)  Applicant and spouse must contact in person for an interview

2)  The originals of required documents must be shown to the competent officer and photocopied with certified signature by applicant

 

[bigt3116]

11 hours ago, fredwiggy said:

Just having a child that's yours should give you that 1 year extension., especially if she's living with you some of the time.

 

Wow, totally wrong!

 

You realise that a name on a birth cert means diddly here?

 

As posted above, a number of ways to legitimize a child born out of wedlock

[fredwiggy]

37 minutes ago, bigt3116 said:

 

Wow, totally wrong!

 

You realise that a name on a birth cert means diddly here?

 

As posted above, a number of ways to legitimize a child born out of wedlock

I meant the child definitely being his, not just the name on the birth certificate. Above explains what he needs to have, which numbers 1-5 I thought he already had, along with him saying this........... I had already gotten a Non-o based on being a parent 10 years ago and worked also a teacher...............  He was just asking if he could get a work permit based on what he already had.

[Liquorice]

17 minutes ago, fredwiggy said:

I meant the child definitely being his, not just the name on the birth certificate.

How would you know the child is definitively yours without a DNA test!

The Mother is known, having given birth, but anyone can be named as the Father on a birth certificate.

 

If legally married, Thai law assumes you are the Father.
Not so when you're not legally married.
The child is also required to live with you permanently for an extension based on Thai child.

[fredwiggy]

Just now, Liquorice said:

How would you know the child is definitively yours without a DNA test!

The Mother is known, having given birth, but anyone can be named as the Father on a birth certificate.

 

If legally married, Thai law assumes you are the Father.
Not so when you're not legally married.
The child is also required to live with you permanently for an extension based on Thai child.

He said the child is with him, plus this.............. I had already gotten a Non-o based on being a parent 10 years ago and worked also a teacher This means he must have legitimized his parental rights. Without a DNA test, any child could be anyone else's in that case. In your words.....In terms of applying for a Non Imm O visa from a Thai Embassy, based on a Thai child, then the child's birth certificate with you named as the Father on the certificate is sufficient for them to issue the visa.................He's only asking to get a work permit anyway. The child's identity as far as being his is already known.