Non O based on Thai child

[248900_1469958220]

Hello all,

 

I have made a post about this situation a while back but....here goes again.

 

I am separated from my wife. We are still legally married. I have a son with ther. My son stays with her and I live near. We have not lived together for over 4 years. Recently I went to Vientiane and switched from a NON B back to a NON O. I am wanting to extend for a year based on having a Thai child. Everything went ok in Vientiane and I got 3 months.....

 

Now, I have been in contact with my local immigration. They have been told the facts of my particular case. I have been told that i may have to bring my wife to immigration with me on the day........I have the 400,000 Baht in my account, I have all the required paperwork.....he is legally my son.....

 

Has anyone else had or heard about a similar case/experience? 

 

Advice please...this is coming up soon.

 

Thankyou.

[NativeBob]

kid's BC, Letter from the bank reg. 400K and app. form. 

no need to bring spouse 

CW -2017-19

[248900_1469958220]

40 minutes ago, NativeBob said:

kid's BC, Letter from the bank reg. 400K and app. form. 

no need to bring spouse 

CW -2017-19

I am hearing different stories from different people....as is usual here. 

 

I was told they may want to 'talk' to my wife....however, this visa is not a marriage visa....I am STILL confused to be honest....

 

My son is 17 so, he is perfectly capable of coming to my defence....

Edited October 27 by 248900_1469958220

[Rob Browder]

As you are still legally married, it is not unusual they require the wife to attend, and you to apply based on being married to her - not based on the Thai child.  This is because they view not having a "seasoned" (for 2 months) 400K to be "getting away" with something, and it is not required to season the money for a child-based extension.

 

Of course, a marriage-based extension requires you and the wife living together (de-facto and de-jure).  If they are decent about it, and assuming you have the 400K seasoned, I hope they will allow the child-based extension for you - though, I believe that usually requires that the child lives with you.

[248900_1469958220]

Its the part about  about living with me that worries me.

3 minutes ago, Rob Browder said:

As you are still legally married, it is not unusual they require the wife to attend, and you to apply based on being married to her - not based on the Thai child.  This is because they view not having a "seasoned" (for 2 months) 400K to be "getting away" with something, and it is not required to season the money for a child-based extension.

 

Of course, a marriage-based extension requires you and the wife living together (de-facto and de-jure).  If they are decent about it, and assuming you have the 400K seasoned, I hope they will allow the child-based extension for you - though, I believe that usually requires that the child lives with you.

Edited October 27 by 248900_1469958220

[248900_1469958220]

My wife has said she is prepared to go with myself and my son to immigration. Now....I pay his school fees...clothes...the mortgage for the house they are both living in......

 

I am assuming they may want to ask her about how much support I give???? This may be an unusual situation but surely some others have gone through the same?

[DrJack54]

1 hour ago, 248900_1469958220 said:

I have been told that i may have to bring my wife to immigration with me on the day........I have the 400,000 Baht in my account, I have all the required paperwork.....he is legally my son....

So you obtained a non O in Vientiane based on Thai child

It's good that the immigration office would facilitate 12 month extension based on parent of a Thai child while still married. 

Some offices would make you do the extension based on marriage if still married. 

 

[248900_1469958220]

1 minute ago, DrJack54 said:

So you obtained a non O in Vientiane based on Thai child

It's good that the immigration office would facilitate 12 month extension based on parent of a Thai child while still married. 

Some offices would make you do the extension based on marriage if still married. 

 

No, 12 month extension not secured yet.....thats coming up within a week or so...

[248900_1469958220]

11 minutes ago, 248900_1469958220 said:

Its the part about  about living with me that worries me.

The 400,000 will have been in the bank for 2 +  months 

[DrJack54]

21 minutes ago, 248900_1469958220 said:

No, 12 month extension not secured yet.....thats coming up within a week or so...

Yes I realize that..

The thing is , it seems that you have pointed out to immigration that you are still married and yet seem prepared to issue 12 month extension based on parent of Thai child. 

[248900_1469958220]

1 minute ago, DrJack54 said:

Yes I realize that..

The thing is , it seems that you have pointed out to immigration that you are still married and yet seem prepared to issue 12 month extension based on parent of Thai child. 

Well.....as to whether they extend the visa is yet to be determined....

[DrJack54]

15 minutes ago, 248900_1469958220 said:

Well.....as to whether they extend the visa is yet to be determined....

This thread has links to lot of threads discussing requirements.

Also couple of posts pointing out that if married to mother immigration require extension based on marriage.

Since you are covering much of expenses (school feed, mortgage etc) perhaps they wish to confirm with mother..

In your situation the child is not living with you..

Are you 50+ 

 

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

[248900_1469958220]

4 minutes ago, DrJack54 said:

This thread has links to lot of threads discussing requirements.

Also couple of posts pointing out that if married to mother immigration require extension based on marriage.

Since you are covering much of expenses (school feed, mortgage etc) perhaps they wish to confirm with mother..

In your situation the child is not living with you..

Are you 50+ 

 

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

I am 50 + but I am working and dont want a retirement visa...

[NativeBob]

2 hours ago, 248900_1469958220 said:

My wife has said she is prepared to go with myself and my son to immigration. Now....I pay his school fees...clothes...the mortgage for the house they are both living in......

 

I am assuming they may want to ask her about how much support I give???? This may be an unusual situation but surely some others have gone through the same?

You are over-stressing obviously.

It took me just few days for Non-O based on child support, letter from school and copy of BC at Thai Embassy in Penang

The rest is very standard routine. Believe me - you met some unexperienced IO - there are no requirements for spouse presents, bills paid, blood group and your political alignment. 

 

I sense that they're sabotaging you for some $$$ perhaps? Heard alot - never witnessed myself. 

[NativeBob]

1 hour ago, 248900_1469958220 said:

I am 50 + but I am working and dont want a retirement visa...

Ouch! you support your son, your wife and yet you don't mind risk everything by working w/o WP? 

Even freelance journalist for BBC (yuck!) required W/P. 

very strange indeed

[DrJack54]

31 minutes ago, NativeBob said:

It took me just few days for Non-O based on child support, letter from school and copy of BC at Thai Embassy in Penang

The OP obtained a non O based on Thai child at Vientiane.

He is not asking about that.

He is asking about 12 month extension. 

 

 

[DrJack54]

34 minutes ago, NativeBob said:

The rest is very standard routine. Believe me - you met some unexperienced IO - there are no requirements for spouse presents, bills paid, blood group and your political alignment. 

So why not provide a report of exactly what you supplied to Thai immigration office for your 12 month extension from the non O that you obtained in Penang.

Are you married to childs mother.

[DrJack54]

Off topic post removed 

[NativeBob]

23 minutes ago, DrJack54 said:

Are you married to childs mother.

nope. not married to child's mothers. 

 

Is it worth reporting as that was almost 8 years ago at Bangkok and OP is somewhere else? Nothing to reckon, seriously. Very nice young lady: always stared at my son.

I remember when IO asked his mother's whereabouts I replied "butterfly" and we moved further with passbook and letters from bank and school. Yes, I told her he was with me. I think those are irrelevant details though ...

 

[DrJack54]

6 minutes ago, NativeBob said:

I remember when IO asked his mother's whereabouts I replied "butterfly" and we moved further with passbook and letters from bank and school. Yes, I told her he was with me. I think those are irrelevant details though ...

Have you even read the thread.

First up the OP is still married to son mother.

Child lives with mother, not with the OP (important) ..

 

 

[NativeBob]

29 minutes ago, DrJack54 said:

Have you even read the thread.

First up the OP is still married to son mother.

Child lives with mother, not with the OP (important) ..

 

 

Yes I did and that is exactly why I asked is it relevant to OP's question. 

Edited October 27 by NativeBob

[DrJack54]

14 hours ago, NativeBob said:

Yes I did and that is exactly why I asked is it relevant to OP's question. 

So let's get this right..

The OP is still married to sons mother and son lives with her.

You by contrast are not married to mother (assume were  married when child born) 

Then you used term "butterfly" to immigration. 

Not remotely aligned to OP situation

[NativeBob]

1 hour ago, DrJack54 said:

Not remotely aligned to OP situation

Point well taken. I apologize. My bad. Please remove my posts from this thread. Thank you

 

[248900_1469958220]

Ok...lets be clear:

 

* I am still married to my biological sons mother BUT we are separated and have not lived together for 4 + years

* I HAVE been legally working in Thailand for many years with work permits both on NON O ( marriage) AND NON B visas. 

* I have just got a new teaching job and decided ( agreed with employer) to try and switch back to NON O visa...which I can      l     legally  work on

* I recently went to Vientiane to get the NON O visa based on having a Thai child. This went smoothly and i got 3 months. 

* My son is 17 years old. 

* I have 400,000 Baht in a Thai bank account, in my name and it WILL have been there for the 2 + months that is required. 

* As far as I can make out , I have all required paperwork.....

 

My concern is the fact that I am still married BUT separated!! This is scenario I have not read about before. I take care of my son financially and see him regularly, as I live very close to him. 

 

Ok....I thin that may be clear enough? 

 

[bigt3116]

8 hours ago, 248900_1469958220 said:

I recently went to Vientiane to get the NON O visa based on having a Thai child. This went smoothly and i got 3 months.

 

This does not mean a great deal, as they will issue a single entry with just a name on a birth certificate.

 

Your big stumbling block will be the fact that you do not have legal custody of the child.

[lch]

I am divorced and have 2 Thai children, i have never had a problem getting a 90 day None O visa, i went to my local immigration office to ask how i extend my None O visa for dependant children.  They gave me a list of what i needed to show them, went back with what they required, 7 times, 9 in total.  They just kept asking for more things that where not on their original list.  Also my children had to take time off school to attend.  Finally the owner where i stay had to step in and visit immigration, next day visa application accepted, she must be a powerful person or know one.

So you do it correctly and you have many problems, my last visa i did a boarder run and was granted 60 days visa waiver without any problem, i have brought tens of millions of THB to the Thai economy, no more, time to sell up and move to a more visa friendly country, or maybe just play their games and get around local immigration!  I think, selling up and take my money out of this country is the best option next year!!!

Edited October 28 by lch

[DrJack54]

15 minutes ago, lch said:

I think, selling up and take my money out of this country is the best option next year!!!

If you're over 50 do extension based on retirement.

If the financial requirements are too difficult then use an agent.

Surely moving Thai kids to another country is a bit dramatic..

[Liquorice]

3 hours ago, bigt3116 said:

Your big stumbling block will be the fact that you do not have legal custody of the child.

The child was born in wedlock, which automatically grants him legal rights.

 

@248900_1469958220

You're attempting to apply for an extension of stay based on the Father of a Thai citizen.

The criteria for such an extension is in Immigration order 327/2557, section 2.18

Clause 4 states; 

(4) In the case of children, adopted children, or spouse's children, said children, adopted children, or spouse's children must not be married, must live with the alien as part of the family, and must not be over 20 years of age except in case of the person hereof is of illness or disability and cannot live without support of father or mother:

 

The highlighted bold part of this clause is your stumbling block.

Quote

"must live with the alien as part of the family,"

 

It's possible they may want to speak to your spouse to determine how custody is shared and how much time your son spends with you before making a decision.

 

If they refuse the extension, then you need to go the Non B route again to continue your employment.

Edited October 28 by Liquorice

[bigt3116]

20 minutes ago, Liquorice said:

The child was born in wedlock, which automatically grants him legal rights.

 

It makes him the legal father, it does not bestow any custody rights, in Thailand they automatically go to the mother.

[Liquorice]

4 minutes ago, bigt3116 said:

 

It makes him the legal father, it does not bestow any custody rights, in Thailand they automatically go to the mother.

He still has parental rights and responsibilities.

It doesn't sound as if they've been to court to establish any custodial order, which may need to be his next step.