Visa Based On Living With My Thai Child

[paulnewman]

I thought I saw, some years ago, mention of being able to obtain a visa based upon living with one's Thai child.

I am in my 60's, passport from USA. My Thai son is studying in Matayom. Thai wife, son and I live together. Have Thai birth certificate... I'm the dad. He was born in Thailand.

Is there such a visa? (Wasn't there, some five or so years ago, such a visa?)

If so, are their any income or bank account factors?

Secondly, and of less importance than my main question above: if there is such a visa, could a holder of such visa get a work permit without changing the visa classification?

Thank you.

[Mario2008]

Based on being a family meber of a Thai national, child or spouse, you can get a visa and extend your permission to stay. For an extension of stay immigration requires an income of 40,000 baht a month OR 400,000 baht in a Thai bankaccount for 2 months. Money has to be yours only.

Based on a Thai son you need to be the legal father, but you say thai wife so I presume you are marrried. If living with your wife that will be enough.

This visa and extension of stay would give the possibility of a work permit.

[lopburi3]

The visa would be a non immigrant O to visit Thai child. You could obtain a work permit on such a visa entry - but they are only 90 days at a time.

For extension of stay to live with child would require 400k in bank account or 40k income the same as marriage requires.

[opalhort]

The way I understand it there is a slight difference between extension based on child and based on wife.

Latest order 777/2551 2.18/5 child support requires income/deposit by either parent but for extension based on Thai wife (2.18/6) the funds have to be the foreign husband's one.

Did I misunderstand this?

opalhort

[ubonjoe]

You have to read 5 and 6 carefully. Five is for a single parent (farang father or mother).

(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.

(6) In case of marriage with a Thai lady, the husband who is an alien must have an average annual income of not less than 40,000 baht per month or a money deposit in a local Thai bank of not less than 400,000 baht for the past 2 months for expenses within a year.

For 5 there is no requirement for the money to be in the bank.

Also immigration will not let you use 5 if you are married.

[opalhort]

Very good point Joe. To read, understand and interpret the written Imm rules are three different things here.

I'm here under 2.18/6 so never really had a close look at other parts.

Also thanks for pointing out that when married (to a Thai) you can not use the child support route.

Though somehow I doubt that is correct.

Three years ago when I got my extension based on Thai wife the officer suggested that I switch to a child support extension (at that time no financial requirements!). I stuck with the Thai wife extension because I didn't want to break the grandfathering rule about bank deposit.

opalhort

[ubonjoe]

The old rules were very unclear and there was no financial requirement for having a child. That of course has now been fixed in the new rules.

You can be sure that of you went in for an extension now and are married to a Thai they would not let you use 5.

[mca]

Apologies for the slight side track but a question that's always interested me is would the same rules apply (400k or 40k) if the Thai child is legally adopted and not the natural child ? My neighbour has a Thai wife and legally adopted Thai daughter. In the sad event of his wife's death would he be allowed to stay in Thailand and care for the child or would he have to leave seeing as he's on a Non-O extension on the grounds of living with his spouse.

[ubonjoe]

I would say yes if he legally adopted the child. It would not work if he had not been married to the mother at the time.

2.18 In the case of a family member of a Thai(applicable only to parents, spouse, child, adopted child or child

of his/her spouse): Permission will begranted for a period ofnot more than 1 year at a time.

[Mario2008]

Adopting someone means that you will be family, the father or mother, of the person you adopt as far as the law is concerned. So if he adopted her I would say yes, he can stay on that base. The question is of course how immigration will see that...

[mca]

Thanks ^ and ^^

I thought it would be a bit cruel if the powers that be split the family up.

[paulnewman]

Only have a minute to scan this right now. Thank you all! Will come back when I have more time.

Seems like working for, say 30,000/ mo. and no big savings (I realize some may not think the requirement "big.") and they kick the father out of the country, breaking up the family.

If I've got that wrong, PLEASE correct me.

Thanks again. I'll be gone for some hours (working), but shall return.

[lopburi3]

There is no kicking out - you can still obtain and use visa for entry - but for extensions of stay inside Thailand there are financial requirements.

[paulnewman]

There is no kicking out - you can still obtain and use visa for entry - but for extensions of stay inside Thailand there are financial requirements.

Thanks all for the replies and discussion. So I understand I, the married father, could travel to a Thai consulate or embassy every 90 days and get a new type "O" without meeting any financial requirements. And, at least in theory, could get work permits within the period Immigration had allowed me to stay. If I'm wrong, please correct me.

I imagine the logistics and expenses of the work permit would be a bit of a nightmare, but since it has not come to that, no use in bothering people to discuss it now.

I do very much appreciate the replies. Thank you.

[ubonjoe]

You could get a multiple entry visa that would give you a total of about 15 months without getting a new visa. But would have to make border runs every 90 days. You can get this visa in KL and would only need to show about 100K in the bank. If in your home country you would not need to show the money.

You can get a work permit with either an extension or a visa. To get a work permit you need a job or your own company.

[geronimo]

The old rules were very unclear and there was no financial requirement for having a child. That of course has now been fixed in the new rules.

You can be sure that of you went in for an extension now and are married to a Thai they would not let you use 5.

I renewed my thai child visa last month with no probs and I'm married

[SouthernSkies]

Hi all

I have some questions:

my scenario:

1) I do not have a marriage certificate with my thai spouse.

2) My child is a Thai citizen. His birth certificate bears my name as the father.

3) Hatyai Immigration tells me that:

- I need to have THB$40,000 income a month

- I need to have THB$400,000 in a Thai bank deposit 2 months prior to my application for a visa to support my child.

my questions:

1) What if my income of THB$40,000 does not come from working in Thailand?

- eg. revenne from the rental of my properties in my home country?

2) How many months of this monthly income must I show before I submit my application?

3) Is this income subject to taxation by Thai authorities? shouldnt be, right? 

4)  I attach a document from the Thai Immigration Bureau. How does this document tie-in with my situation?

5)  I dont need to work because I am getting income from my home country, do I still need to apply for a work permit? Sounds non-applicable for me right?

Look forward to everyone's kind thoughts on this matter.

Regards

SS

26122546_regulation_notice_en.pdf

[Mario2008]

The income can be from abroad and in that case you will need a letter from your embassy to confirm your income. Check with your embassy for the requirements for this letter.

There is no need to show the income for a certian amount of months and you don't pay tax over it in Thailand.

If you don't work in Thailand you don't need a work permit.

Edit: the document you provide is for a ressidency permit and doesn't have anything to do with your situation.

[ubonjoe]

The correct information can be found here at clause 2.18 Police_Order_2551_777.pdf

(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.

[SouthernSkies]

The correct information can be found here at clause 2.18 Police_Order_2551_777.pdf

<FONT size="3">

(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.

many thanks. Here's a strange piece of information: I've checked with the Hatyai Immigration Bureau last week on this. They insist that it's THB$400,000 in a thai bank deposit for a minimum of 2 months AND a minimum of THB$40,000 per month (from the parent who is a foreigner), show the evidence....are they pulling a fast one on me?

[ubonjoe]

I think they are just stating it wrong . Using and instead of or.

It is one part of the rules they cannot make their local rules for. They can ask for extra documents that are not in the written requirements but this one they can't change.

Here is the original police order in Thai. If they keep pushing for both then print out the relevant pages and show it to them.

Police_Order_2551_777_in_Thai.pdf