Changing Extension of stay based on work to non-o and extension based on having Thai child

[farangzy]

Hi all,

 

Advice needed!

 

I currently have a WP and yearly extension of stay based on employment. My current WP ends 25 May.

I will change this to a non-o or extension of stay based on having a child with my Thai girlfriend.

 

I am the legal father (based on court ruling) and have the 400k baht in the bank for 2 months.

My plan is to head down to Chiang Watthana immigration next week to change the visa/extension of stay.

 

However i cannot fiind the requirements online. Has anyone been in the same situation?

What are all the documents needed for this? What is the procedure? Do i cancel my current visa first?

 

I am pretty sure i don't need to exit the country, but i'm looking for reassurance:)

 

Anyone got any guidelines for me? Chances of being denied?

 

Thanks for your help!

[DrJack54]

  On 5/7/2025 at 5:49 AM, farangzy said:

I will change this to a non-o or extension of stay based on having a child with my Thai girlfriend.

 

I am the legal father (based on court ruling) and have the 400k baht in the bank for 2 months.

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Here is a thread that contains several links to threads along with immigration requirements.

So you are the legal father with court ruling and child lives with you? 

 

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

 

[Packer]

  On 5/7/2025 at 5:49 AM, farangzy said:

 

I am the legal father (based on court ruling)

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The mother will have needed to sign over legal guardianship either in court or at the local amphur if the child is over the age of 7 (which has a special named form for it).

 

It's typically an extension immigration are not too easy about granting. 

[farangzy]

  On 5/7/2025 at 6:14 AM, DrJack54 said:

Here is a thread that contains several links to threads along with immigration requirements.

So you are the legal father with court ruling and child lives with you? 

 

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

 

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Yes, i am the legal father and the child lives with us

[farangzy]

  On 5/7/2025 at 6:19 AM, Packer said:

 

The mother will have needed to sign over legal guardianship either in court or at the local amphur if the child is over the age of 7 (which has a special named form for it).

 

It's typically an extension immigration are not too easy about granting. 

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Yes, the mother did agree to everything in court and we are registered in the local amphur.

We live together as a family

[Packer]

  On 5/7/2025 at 6:45 AM, farangzy said:

Yes, the mother did agree to everything in court and we are registered in the local amphur.

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What did you register at the local amphur, that you are the sole legal guardian and the mother has no parental rights over her child? 

[Packer]

  On 5/7/2025 at 6:45 AM, farangzy said:

We live together as a family

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The IO's may well tell you to get married. They generally don't like giving out dependency visas/extensions as the funds don't need to be seasoned, so the alien can just drop 400k into their bank account for one day every year, as opposed to 2 months for marriage extensions. A neat little work around. 

 

If the IO's didn't make it difficult almost every alien father would nullify the marriage and get annual extensions based on dependency and say goodbye to needing to season 400k for months every year.  It's the reason IO's are often against it and what they say goes. 

[farangzy]

  On 5/7/2025 at 7:30 AM, Packer said:

 

What did you register at the local amphur, that you are the sole legal guardian and the mother has no parental rights over her child? 

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I don't think so, we are both the legal registered parents. Wouldn't that work?

[farangzy]

  On 5/7/2025 at 7:36 AM, Packer said:

 

The IO's may well tell you to get married. They generally don't like giving out dependency visas/extensions as the funds don't need to be seasoned, so the alien can just drop 400k into their bank account for one day every year, as opposed to 2 months for marriage extensions. A neat little work around. 

 

If the IO's didn't make it difficult almost every alien father would nullify the marriage and get annual extensions based on dependency and say goodbye to needing to season 400k for months every year.  It's the reason IO's are often against it and what they say goes. 

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As far as i understood, the 400k has to be in the bank for a minimum of 2 months, as is the case already with me.

I don't intend to take the money out of there

[Packer]

  On 5/7/2025 at 7:42 AM, farangzy said:

I don't think so, we are both the legal registered parents. Wouldn't that work?

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No.

 

To get an extension based on a child the Thai mother needs to legally sign the child over to you, so the mother has no legal right to the child, and you are the one and only legal guardian. 

[Packer]

  On 5/7/2025 at 7:44 AM, farangzy said:

As far as i understood, the 400k has to be in the bank for a minimum of 2 months, as is the case already with me.

I don't intend to take the money out of there

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No.

 

For extensions based on being the parent of a Thai child it only needs to be in the bank for one day.

 

It is why IO's fight against giving these extensions.

 

If they give them easily, every foreign father of a Thai child would be chasing them rather than marriage or retirement  extensions that requires months of fund seasoning. 

[farangzy]

  On 5/7/2025 at 9:36 AM, Packer said:

 

No.

 

To get an extension based on a child the Thai mother needs to legally sign the child over to you, so the mother has no legal right to the child, and you are the one and only legal guardian. 

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Really? Are you sure? That sounds harsh..

[Packer]

  On 5/7/2025 at 9:59 AM, farangzy said:

Really? Are you sure?

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Yes.

 

The child needs to be fully legally signed over to you so the Thai parent has no legal right to them, in order to get a visa extension based on being parent to a Thai child. 

[farangzy]

  On 5/7/2025 at 10:02 AM, Packer said:

 

Yes.

 

The child needs to be fully legally signed over to you so the Thai parent has no legal right to them, in order to get a visa extension based on being parent to a Thai child. 

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There is conflicting info here, because @Tod Daniels  claims otherwise. maybe we can clear this up?

 

Thanks anyway for your inputs!

[Rob Browder]

  On 5/7/2025 at 9:36 AM, Packer said:

 

No.

 

To get an extension based on a child the Thai mother needs to legally sign the child over to you, so the mother has no legal right to the child, and you are the one and only legal guardian. 

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I have never heard that before.  I HAVE heard that if married to a Thai, they insist on using the marriage-based option, vs the child.  Also, that if an unmarried couple is separated, the child must THEN be living with the applicant - where your scenario applies.  I also recall joint-custody cases being accepted, though, in divorce situations.
 

That said, I would not be surprised if some IOs / offices have insisted on what you describe, simply as a way to avoid doing the extension ("too much work").

If I were you @farangzy I would bring bank-records showing the 400K is seasoned 2+ months, just so that isn't an issue.  The mother and child should attend with you.  Also, be prepared they may also try to make you leave the country for a Non-O Visa, first - though there is no legal reason for this. 

[Packer]

  On 5/7/2025 at 10:34 AM, farangzy said:

There is conflicting info here

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It doesn't matter what is said elsewhere.

 

Simply being the legal father will not get you an extension based on being a parent. 

 

You need a court or amphur document signed by the mother making you the one and only full legal guardian of the child. 🙂

[Tod Daniels]

  On 5/7/2025 at 10:34 AM, farangzy said:

The child needs to be fully legally signed over to you so the Thai parent has no legal right to them, in order to get a visa extension based on being parent to a Thai child. 

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That is 100% not correct at all.

 

Where did you get that information?

 

You only need to have legal parental rights granted by either the Amphur or by family court through decree.

[Packer]

  On 5/7/2025 at 11:24 AM, Tod Daniels said:

 

You only need to have legal parental rights granted by either the Amphur

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Do you have the name of the amphur form or document for this please? Thanks. 

[farangzy]

  On 5/7/2025 at 11:07 AM, Rob Browder said:

I have never heard that before.  I HAVE heard that if married to a Thai, they insist on using the marriage-based option, vs the child.  Also, that if an unmarried couple is separated, the child must THEN be living with the applicant - where your scenario applies.  I also recall joint-custody cases being accepted, though, in divorce situations.
 

That said, I would not be surprised if some IOs / offices have insisted on what you describe, simply as a way to avoid doing the extension ("too much work").

If I were you @farangzy I would bring bank-records showing the 400K is seasoned 2+ months, just so that isn't an issue.  The mother and child should attend with you.  Also, be prepared they may also try to make you leave the country for a Non-O Visa, first - though there is no legal reason for this. 

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Thanks for your input!

I will prepare all the required documents and all other documents that i might think to be usefull; better too many docs then too few:)

Bank statements, pictures, rental agreement, court documents, etc.. Thai girlfriend and my 2 year old son will join too. Don't know if he will be too happy with a day or 2 at immigration lol

[Nabbiex]

  On 5/7/2025 at 6:45 AM, farangzy said:

Yes, the mother did agree to everything in court and we are registered in the local amphur.

We live together as a family

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Me too, I got Kor Ror 6 document showing 100% reponsible father (based on divorced) but Kor Ror 2 or 11? are also possible - something to do with the status of the marriage?   Mother do not live with me & Thai child.

[farangzy]

Update: I went to immigration and  unfortunately i need to exit the country to apply for Non-O first from abroad. I need to cancel my work permit and Non-B first then exit the country.

 

Question: what are the requirements to apply via E-Visa for a NON-O Thai child visa in Vientiane?

Can't seem to find the requirements anywhere.

 

Cheers!

[farangzy]

  On 5/7/2025 at 11:07 AM, Rob Browder said:

I have never heard that before.  I HAVE heard that if married to a Thai, they insist on using the marriage-based option, vs the child.  Also, that if an unmarried couple is separated, the child must THEN be living with the applicant - where your scenario applies.  I also recall joint-custody cases being accepted, though, in divorce situations.
 

That said, I would not be surprised if some IOs / offices have insisted on what you describe, simply as a way to avoid doing the extension ("too much work").

If I were you @farangzy I would bring bank-records showing the 400K is seasoned 2+ months, just so that isn't an issue.  The mother and child should attend with you.  Also, be prepared they may also try to make you leave the country for a Non-O Visa, first - though there is no legal reason for this. 

Expand  

As i mentioned above:

Update: I went to immigration and  unfortunately i need to exit the country to apply for Non-O first from abroad. I need to cancel my work permit and Non-B first then exit the country.

 

Question: what are the requirements to apply via E-Visa for a NON-O Thai child visa in Vientiane?

Can't seem to find the requirements anywhere.

 

Cheers!

[DrJack54]

  On 5/19/2025 at 11:32 AM, farangzy said:

Question: what are the requirements to apply via E-Visa for a NON-O Thai child visa in Vientiane?

Can't seem to find the requirements anywhere.

 

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Here is a post from ubonjoe. 

Has couple of useful links. 

 

[farangzy]

  On 5/19/2025 at 11:32 AM, farangzy said:

As i mentioned above:

Update: I went to immigration and  unfortunately i need to exit the country to apply for Non-O first from abroad. I need to cancel my work permit and Non-B first then exit the country.

 

Question: what are the requirements to apply via E-Visa for a NON-O Thai child visa in Vientiane?

Can't seem to find the requirements anywhere.

 

Cheers!

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UPDATE: I have sucesfully gotten an NON-O based on having a Thai child, in Vientiane, and this current stamp expires August 25.

 

My question is when can i do the yearly non-o extension? I read from 45 before the end of the stamp. Can it be 15 days before also, or what is the end date to do the extension?

 

Thanks for the feedback!

[BrandonJT]

  On 7/8/2025 at 6:53 AM, farangzy said:

UPDATE: I have sucesfully gotten an NON-O based on having a Thai child, in Vientiane, and this current stamp expires August 25.

 

My question is when can i do the yearly non-o extension? I read from 45 before the end of the stamp. Can it be 15 days before also, or what is the end date to do the extension?

 

Thanks for the feedback!

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At some offices you can apply for an extension when you have 45 days or less left.

At all offices, you can apply for an extension when you have 30 days or less left.