If a foriegner is illegally staying here but she has a thai daughter and a thai partner,(they are not married) is there a visa for this kind of situation? Can the daughter give a visa to her illegal parent?

What do you mean by illegally. If you mean you are on an expired permit to stay you will have to pay the overstay fine and leave the county and return with a visa to get an extension of stay. You could go to Vientiane Laos for example and get a 90 day non immigrant O visa using your childs birth certificate.

You could then get a 1 year extension as a single parent. See 2.18 of the following police order for info.

http://www.thaivisa.com/forum/post-a70477-...ember-2008.html

Edited December 8, 200817 yr by ubonjoe

I've seen the police order and I want to know if the 40,000 baht income per month is a requirement. You see the foreigner and her partner are not rich people. The partner is just a laborer so its kind of hard to reach that target of 40,000 baht a month. The foreigner really wanted to live here legally but she doesn't have much money. And how much do you think will be the overall expenses? Including the visas? And does she have to stay in Laos for more than a day? Thank you for your reply

If they were married there would be no income requirement. It might work that way since the childs father is Thai.

Immigration would have to answer that question. The extension will cost 1900 baht.

She will have to spend one night in Vientiane. The visa will cost 2000 baht. You apply the morning of one day and get passport with visa back the next afternoon. She will need two photos, copy of passport photo page and copy of birth certificate.

The visa to Laos will cost 1500 baht and require one photo.

If a foreign lady marries a Thai man she can stay here quite easily with minimal funds.

If she wants to stay here based on a Thai daughter yes it is 40,000 a month or 400,000 in the bank.

You are still not being really clear. Are you saying that she is the biological mother of a Thai Child?

It would also depends on if the child was recognized by the father, since they are not married. Only when the child was recognized by the father at birth will the child have Thai nationality. The mentioning on the birthcertificate is not enough.

Are you sure the child has Thai nationality?

If a foreign lady marries a Thai man she can stay here quite easily with minimal funds.

If she wants to stay here based on a Thai daughter yes it is 40,000 a month or 400,000 in the bank.

You are still not being really clear. Are you saying that she is the biological mother of a Thai Child?

The foreigner cannot marry the Thai man because the foreign lady is married in her home country. And the country has no divorce. So the only option for her is a visa from her Thai daughter. Yes, she is the biological mother of the Thai child. Her name appeared in the birth certificate and in the House Registration book.

It would also depends on if the child was recognized by the father, since they are not married. Only when the child was recognized by the father at birth will the child have Thai nationality. The mentioning on the birthcertificate is not enough.

Are you sure the child has Thai nationality?

I am sure that the child was recognized by the father. If a birth certificate is not enough, is the house registration also a proof of thai nationality? Because the name of the child is already in the house registration book of the Thai father. I'm sorry I have to ask. I'm a little dumb in this kind of things.

This is the rule and what she needs to comply.

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

In other necessary circumstances, The Immigration Commissioner or Deputy of Immigration Commissioner may approve on case to case basis.

This is her only option.

This is the rule and what she needs to comply.

(5) In the case of a parent, one of parents must have an average annual income of not less than 40,000 baht per month or a money deposit of not less than 400,000 baht for expenses within a year.

In other necessary circumstances, The Immigration Commissioner or Deputy of Immigration Commissioner may approve on case to case basis.

This is her only option.

Ok. Understand. Thank you for everyone that replied to this thread.

If needed the house registration proves that the child is Thai.

If she can't meet the income requirements another option she has is to get a multiple entry o-visa in KL or Penang they are the only nearby consulates that do it. With that she would have to border runs every 90 days.

just out of curiusity i'm wondering if she is filipina?? they usually arent able to divorce (catholic country); does thailand have different visa options for them rather then the western oriented visa set ups? assuming that i am right of course> if not, best of luck...or from cambodia or burma thats a whole other kettle of fish... are there no labour protection groups that deal with this if she is not a western foreigner??? that would cover some kind of visa for single mother/child of thai father if not married. the reason why i ask is that in israel there are provisions for this sort of thing. the visas are valid for the mother until child is 18 or something along the lines and then mother has to go home to home country...

there might be some sort of thing like this for women that are not from the anglo/european countries assuming this foreigner is not from there...

just brain storming a bit..

bina

israel

Edited December 8, 200817 yr by bina

The rules for extensions of stay apply equally to all foreigners regardless of their nationality.

Until two weeks ago the unmarried foreign parent of a Thai child could apply for an annual extension of stay without the need for evidence of financial means. Now it is no longer possible: one of the parents must have 400,000 Baht in the bank or a monthly income of 40,000 Baht, but in special cases (in the English translation “in other necessary circumstances”) the Immigration Commissioner of Deputy Immigration Commissioner has the authority to make an exception. The OP should try this route.

--

Maestro

The rules for extensions of stay apply equally to all foreigners regardless of their nationality.

Until two weeks ago the unmarried foreign parent of a Thai child could apply for an annual extension of stay without the need for evidence of financial means. Now it is no longer possible: one of the parents must have 400,000 Baht in the bank or a monthly income of 40,000 Baht, but in special cases (in the English translation “in other necessary circumstances”) the Immigration Commissioner of Deputy Immigration Commissioner has the authority to make an exception. The OP should try this route.

--

Maestro

I understood that to be only when the foreigner was over 50 years of age. I would have used this method before. Hopefully in the next week or so I will know if I can easily transfer my business visa to an extension based upon 400k and parenthood of a baby Thai.

The rules for extensions of stay apply equally to all foreigners regardless of their nationality.

Until two weeks ago the unmarried foreign parent of a Thai child could apply for an annual extension of stay without the need for evidence of financial means. Now it is no longer possible: one of the parents must have 400,000 Baht in the bank or a monthly income of 40,000 Baht, but in special cases (in the English translation “in other necessary circumstances”) the Immigration Commissioner of Deputy Immigration Commissioner has the authority to make an exception. The OP should try this route.

--

Maestro

I understood that to be only when the foreigner was over 50 years of age. I would have used this method before. Hopefully in the next week or so I will know if I can easily transfer my business visa to an extension based upon 400k and parenthood of a baby Thai.

Yes. The 50 year age restriction has been lifted.