Foreign Child Born In Thailand

[hgma]

About a month ago...before september 1...i posted this topic too.

After september 1 all changed.(i ass. u .me)

Again

Foreign child born in thailand.

both parents foreigner

man 53 retirement visa

wife 30 dependend visa

son 3 dependend visa (born in Thailand)

we have our own house registration

we all have been visiting lao several times.

under the new 1 september rule.......

I know my wife cant get a dependend visa anymore.....

does my son get a dependend visa, after his depended visa expires in april 2008 ? or doesnt he needs a visa att all ??? untill the age of 7(where can i find conformation?)

they have to go?

thanks a million for your kind advice.

hgma

[Maestro]

...Foreign child born in thailand.

both parents foreigner

man 53 retirement visa

wife 30 dependend visa

son 3 dependend visa (born in Thailand)

...

they have to go?

Hgma, nobody has to go, except occasionally for a visa.

Your wife: unless the Police Director General had a change of heart before releasing the amendments for publication on September 10 or the rules change again before her current extension runs out, your wife can no longer get an annual extension as your dependent. Her option will be a non-immigrant visa category O to visit family. Once your child goes to school and gets an extension for study, his/her mother is entitled to an extension based on paragraph 7.10 of Police Order 606/2549.

Your child can continue to get annual extensions of stay as your dependent until the age of 20, unless married earlier, based on paragraph 7.19 of Police Order 606/2549. (The fact that your child was born in Thailand gives your child no special privileges regarding extensions of stay.

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Maestro

[hgma]

Meastro

I am gratefull for your reply

I do admit it was a bit of a scare....but thanks to Thaivisas up to date information....we as a family can sleep a bi tbetter.

For us thaivisa is the lifeline in visa land just because of the fact that; aldo we have a "good" relationship with immigration NongKhai....;we are "up to the discration of the officer on duty at the time"

feel a lot better

again

Thanks a million

Fam. hgma

NongKhai

[onethailand]

Your child can continue to get annual extensions of stay as your dependent until the age of 20, unless married earlier, based on paragraph 7.19 of Police Order 606/2549. (The fact that your child was born in Thailand gives your child no special privileges regarding extensions of stay.

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Maestro

Thanks Maestro, that was very useful. The only other question, I guess, is if the permission to stay can be granted within the country - my children have never left the country and meet all the other requirements and of course I have non-imm B. Can I take my passport along with the kids' passports down to Suan Plu and apply for these extensions - and do the kids need to be present?

[Maestro]

…my children have never left the country and meet all the other requirements and of course I have non-imm B. Can I take my passport along with the kids' passports down to Suan Plu and apply for these extensions - and do the kids need to be present?

That’s a tough one. Foreign child, born in Thailand. Never left the country and therefore never entered Thailand to get an entry stamp, ie permission to stay.

I have never seen this discussed here. Since form TM.7 is for an “application for extension of temporary stay in the Kingdom” my guess would be that it can’t be done until the child leaves and re-enters Thailand, for example on a visa-exempt entry. Then it would be change of visa status to non-immigrant at an immigration office, followed by annual extension as your dependent.

I wonder if Sunbelt ever had a case like this and will post it here. Otherwise, I suggest you go to Suan Phlu and ask them how it should be done.

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Maestro

[onethailand]

That’s a tough one. Foreign child, born in Thailand. Never left the country and therefore never entered Thailand to get an entry stamp, ie permission to stay.

I have never seen this discussed here. Since form TM.7 is for an “application for extension of temporary stay in the Kingdom” my guess would be that it can’t be done until the child leaves and re-enters Thailand, for example on a visa-exempt entry. Then it would be change of visa status to non-immigrant at an immigration office, followed by annual extension as your dependent.

I wonder if Sunbelt ever had a case like this and will post it here. Otherwise, I suggest you go to Suan Phlu and ask them how it should be done.

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Maestro

Thanks anyhow I don't think there are going to be many people in this situation - I know that my kids don't require a visa to stay until they either get married or reach the age of 20, provided they don't leave the country. But now my eldest wants to be allowed to go on an overseas trip for a football competition... so I have to consider all possibilities.

[samran]

Your child can continue to get annual extensions of stay as your dependent until the age of 20, unless married earlier, based on paragraph 7.19 of Police Order 606/2549. (The fact that your child was born in Thailand gives your child no special privileges regarding extensions of stay.

--

Maestro

Thanks Maestro, that was very useful. The only other question, I guess, is if the permission to stay can be granted within the country - my children have never left the country and meet all the other requirements and of course I have non-imm B. Can I take my passport along with the kids' passports down to Suan Plu and apply for these extensions - and do the kids need to be present?

I used to work for a foreign multi national where a bunch of 'expat' babies have just been born. My former employer hired a top line law firm to handle all the visas and things were done "by the book".

Based on this experience the children are fine until they leave the country the first time. Upon leaving for the first time, I beleive it is handy to have the Thai BC with you to show that they were born here...and hence their status is that of a non citizen born child in Thailand. Upon the first trip out of the country, you should visit the nearest Thai embassy to organise a non-immigrant O visa for your child, who will be a dependent of you, the work permit holder. Child re-enters Thailand on non-immigrant O visa, and is given 90 days. Towards the end of the 90 days, you extend the childs stay based on your permission to stay in Thailand as a work permit holder.

Of course, many people use/rely on the what appears to be unwritten rule that children under 7 don't require formal visas and aren't charged overstay. So they just enter on a 30 day stamp and are fine. What I described to you is what the lawyers claimed was needed.

I'm not sure if your wife is Thai, but if she is, then your kids are automatically Thai nationals of born here, in which case, they don't need a visa to be here alt all.

[onethailand]

Based on this experience the children are fine until they leave the country the first time. Upon leaving for the first time, I beleive it is handy to have the Thai BC with you to show that they were born here...and hence their status is that of a non citizen born child in Thailand. Upon the first trip out of the country, you should visit the nearest Thai embassy to organise a non-immigrant O visa for your child, who will be a dependent of you, the work permit holder. Child re-enters Thailand on non-immigrant O visa, and is given 90 days. Towards the end of the 90 days, you extend the childs stay based on your permission to stay in Thailand as a work permit holder.

Would be fine if I was going with them - that's the whole problem. She wants to go on a school trip. Otherwise I have to take her out somewhere like Penang first... LOL...

I'm not sure if your wife is Thai, but if she is, then your kids are automatically Thai nationals of born here, in which case, they don't need a visa to be here alt all.

Complicated story. Essentially the kids have US passports and presently do not have any claim to Thai citizenship under current regulations.

Thanks for the info. I just realized something else, which is that even if they did get the necessary visa, they would still have to leave every 90 days - not practical at all. Either than or go to immigration every 90 days - can be done but what a pain in the butt...

[samran]

Complicated story. Essentially the kids have US passports and presently do not have any claim to Thai citizenship under current regulations.

Thanks for the info. I just realized something else, which is that even if they did get the necessary visa, they would still have to leave every 90 days - not practical at all. Either than or go to immigration every 90 days - can be done but what a pain in the butt...

Making a major assumption here:

If the mother was born a Thai national, and has not renounced her citizenship, even after aquiring her US nattionality, she is still a thai citizen and citizenship is automatically passed on under the current regs.

[jstumbo]

Making a major assumption here:

If the mother was born a Thai national, and has not renounced her citizenship, even after aquiring her US nattionality, she is still a thai citizen and citizenship is automatically passed on under the current regs.

Depends on the rules of each country. Works that way for the US.

In my case, my mother was a British citizen. My father was an US citizen. I was born in the US and had US citizenship. I had no British citizenship though. At the time, you only got British citizenship if you father was British, if you mother was British, and you father was American, you did not get it. Since changed.

Jim

[Maestro]

I just realized something else, which is that even if they did get the necessary visa, they would still have to leave every 90 days - not practical at all. Either than or go to immigration every 90 days - can be done but what a pain in the butt...

You’ve got that wrong. Once your child enters on a non-O visa, he can get an annual extension as your dependent. He will not have to leave the country every 90 days, only report the current address to the immigration office, which does not have to be delivered personally. You can do it; best make it coincide with your own address report.

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Maestro

[onethailand]

You’ve got that wrong. Once your child enters on a non-O visa, he can get an annual extension as your dependent. He will not have to leave the country every 90 days, only report the current address to the immigration office, which does not have to be delivered personally. You can do it; best make it coincide with your own address report.

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Maestro

I guess this is despite the fact that I still have to leave every 90 days?

[Maestro]

I guess this is despite the fact that I still have to leave every 90 days?

I believe the discussion was about a foreign child getting an annual extension of stay as a dependent of a parent. If you are not on an annual extension, then obviously your child cannot get an annual extension as you dependent.

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Maestro

[onethailand]

I guess this is despite the fact that I still have to leave every 90 days?

I believe the discussion was about a foreign child getting an annual extension of stay as a dependent of a parent. If you are not on an annual extension, then obviously your child cannot get an annual extension as you dependent.

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Maestro

Right - then I guess I will have to work on getting an annual extension Never had the need as I am always traveling, but I guess there's a need now.