Visa options - Father to Thai child - about to divorce from Thai wife

[ThailandTom1]

What are my visa options to reside in Thailand for British citizen. I used to reside in Thailand on a Non-O based on marriage which I would renew with yearly extensions each year however last year I did not renew and have been to and from Thailand a few times this year using my visa exempt stamp only.

 

Long story cut short, been in Thailand 16 years, married to Thai, but about to get divorced. I am father to my Thai son, and hope to obtain full guardianship for my son who is 13 years old. I am not old enough for the retirement visa.

 

Any thoughts and advise on my best visa options to continue to reside in Thailand.

 

 

[DrJack54]

1 hour ago, ThailandTom1 said:

....however last year I did not renew and have been to and from Thailand a few times this year using my visa exempt stamp only.

That's an ok  position than having a valid extension based on marriage.

Here is a thread with several links and discussion. 

https://aseannow.com/topic/1338007-non-o-based-on-having-a-thai-child/

 

This thread discussing "guardianship"

https://aseannow.com/topic/1307713-visa-based-on-having-a-thai-child/

 

The OP in this thread shares some similar aspects.

https://aseannow.com/topic/1329956-help-with-parental-visa/

[ThailandTom1]

One of those threads seems to indicate I can apply for a Non-O visa based on my Thai child at the local immigration office within Thailand. 

Can anybody confirm if visa application can be made at local immigration or do I need to go to a embassy /consulate outside of Thailand to apply?

[DrJack54]

51 minutes ago, ThailandTom1 said:

Can anybody confirm if visa application can be made at local immigration or do I need to go to a embassy /consulate outside of Thailand to apply?

You can do either.

Here is post from ubonjoe and has link to a pdf download of requirements.

https://aseannow.com/topic/1275570-visa-based-on-child/#findComment-17681385 

 

What is current status in Thailand.

 

 

[dddave]

A very knowledgeable friend was telling me that the new DTV visa can be legally done in a way that can lead to a five year stay.  I don't know if I have the details right so I won't guess but worth checking out.  He was making the point that many visa agents have drastically cut their rates for retirement visas as many long-term expats are switching to this better method.

[richard_smith237]

On 11/28/2024 at 2:10 PM, ThailandTom1 said:

Long story cut short, been in Thailand 16 years, married to Thai, but about to get divorced. I am father to my Thai son, and hope to obtain full guardianship for my son who is 13 years old. I am not old enough for the retirement visa.

 

Assuming you are the legal guardian of the child (i.e. you were married at the time of his birth and you are named on the Birth Certificate)... 

 

You can Apply for a Non-Immigrant Type O Visa based on being a parent of a Thai National (under 20).

You need 400,000 baht in a Thai account on the day of application (it doesn't need to be seasoned)

 

You can travel to Thailand, enter Visa exempt and then apply for the Non-Imm Type O Visa

Or you can apply at the Thai Embassy while overseas.

 

Your initial Non-Imm Type O will give you 90 days Visa, before that expires you can apply for an extension of stay exactly as you used to with your Non-Imm Type O based on marriage

 

[DrJack54]

13 minutes ago, richard_smith237 said:

You can travel to Thailand, enter Visa exempt and then apply for the Non-Imm Type O Visa

Or you can apply at the Thai Embassy while overseas.

True ...however I'm thinking immigration happy with this if divorced. 

If still married perhaps not so.

Reports of folk wanting to do extensions based on parent of Thai while married and having issues

[ThailandTom1]

On 11/30/2024 at 2:04 PM, richard_smith237 said:

 

Assuming you are the legal guardian of the child (i.e. you were married at the time of his birth and you are named on the Birth Certificate)... 

 

You can Apply for a Non-Immigrant Type O Visa based on being a parent of a Thai National (under 20).

You need 400,000 baht in a Thai account on the day of application (it doesn't need to be seasoned)

 

You can travel to Thailand, enter Visa exempt and then apply for the Non-Imm Type O Visa

Or you can apply at the Thai Embassy while overseas.

 

Your initial Non-Imm Type O will give you 90 days Visa, before that expires you can apply for an extension of stay exactly as you used to with your Non-Imm Type O based on marriage

 

I have just come back to Thailand, can I apply for a non O at immigration now or do I have to wait for when my visa exempt is near expiration?

[DrJack54]

13 minutes ago, ThailandTom1 said:

I have just come back to Thailand, can I apply for a non O at immigration now or do I have to wait for when my visa exempt is near expiration?

You should be fine to apply anytime provided you have at least 15 days remaining on permission of stay.

(21 at CM)