Not Understanding Visa Rules

[sara1]

I have just returned from my local immigration office and have been informed that to work I need to change my O visa to a B. They said that I need to go out the country to do this. Can someone please confirm that this is the procedure before I start planning a trip. I have in the past, read on this forum that I could work on an 0 visa and not have to leave the country.

I am guessing that this is not the case for me as I am not married to my Thai partner but we have a daughter who was born in Thailand. As the mother they let me have an 0 visa as I am the main carer.

If I need to go out the country, can someone please inform me of all the paperwork I need to take etc... to change from an 0 visa to a B. At the place I intend to work they said they are not sure what I need as I do not have a tourist visa.

please help a very confused member....

[monty]

Do you have a 1 year extension (based on being the parent of your child)?

If so then you should be able to get the work permit while on that extension.

If you are doing 90 day border runs (multiple entry non-O) then indeed the normal procedure would be to obtain a non immigrant B visa, basically because after obtaining your work permit you can then proceed to extend based on employment.

It would be better to obtain an extension based on supporting your child, as this would not be tied into your work permit, meaning you won't lose the extension when you stop working.

[sara1]

OK, now makes sense. I have a multiple non 0 visa so I have to do boarder runs every 90 days. I have not had to do this yet as only been here for 1 month. How do you go about getting an extension on the 0 visa? It would be a lot easier, as I have a young child who is in school it is difficult for me to do boarder runs anyway all the time.

Do you think the extension is a better option than getting a B visa? and can I get an extension if I am not married to my Thai partner?

Thanks

[InterestedObserver]

...... and can I get an extension if I am not married to my Thai partner?

Since you are not married to the mother have you legalized the child, are you legally recognized as the father, through the Thai court system?

[beechguy]

...... and can I get an extension if I am not married to my Thai partner?

Since you are not married to the mother have you legalized the child, are you legally recognized as the father, through the Thai court system?

She may need some documents, but the Op is the mother.

[InterestedObserver]

She may need some documents, but the Op is the mother.

Oops, that indeed changes things.

[sara1]

Thanks, yes to clarify, I am the mother. I am from the UK my partner is Thai. My daughter was born in Thailand and so was registered at birth with a Thai b'certificate. As I am the mother she got a UK passport.

I think this is where I get confused as most of the posts I read it is a foreign husband and Thai wife and I am not sure if the rules are the same the other way around (especially as we are not married).

I see to get an extension on a visa you must show an income or a lump sum in a bank account. But previously when I obtained my 0 visa at the consulate in the UK they said this was not the case for me as I was the mother and did not expect me to work to meet a certain income as I had a young child.

Obviously, when my daughter was born I took time off work but my old work place were good enough to let me stay on my work permit until I returned when my daughter was 2 months old. It was very difficult to have a baby and work so in the end I had to leave the father return to the UK for a time. In the UK I did not work as again I had a young child. It is only now that I have returned back to Thailand as I want my daughter to spend time with her father and Thai family as well as learning some Thai culture. I need to work as financially I have to, but I did not realise that I had to do visa runs etc..

It is so confusing. But I do not know how they expect me to do visa runs every 90 days and go out the country to change visas and leave my daughter behind, especially as she is still young.

If you have a suggestions of the best option I would be grateful.

Thanks

[lopburi3]

You have several extension of stay possibilities but they require meeting financial qualifications. The best is likely mother of Thai child which requires 400k in bank or 40k income (the same as married to Thai - but in case of woman it is not required for marriage). It would be much easier if married. But if you can get the 400k or proof of 40k monthly income that should work. Otherwise it is likely to be border trips every 90 days.

If above is not possible I could go to Immigration with father/child and ask them for guidance/see if special arrangements can be made.

[InterestedObserver]

Does the birth certificate recognize your daughter as a Thai citizen or is it recorded as a foreign birth? Did the Thai father register the birth at the local Amphur? It will be important in the future when your daughter wishes to exert her Thai heritage.

[Sisaketmike]

You have several extension of stay possibilities but they require meeting financial qualifications. The best is likely mother of Thai child which requires 400k in bank or 40k income (the same as married to Thai - but in case of woman it is not required for marriage). It would be much easier if married. But if you can get the 400k or proof of 40k monthly income that should work. Otherwise it is likely to be border trips every 90 days.

If above is not possible I could go to Immigration with father/child and ask them for guidance/see if special arrangements can be made.

Hi Sarah I guess the situation isn't that easy. It looks like the OP would have to show 800,000 baht, not being married. Would you really change your visa into Non-B based on a contract, you could easily lose your visa if something should go wrong with your job, agency, whatever.Just in case you'd have a Non-B, running together with your work permit and you'd lose your job, you'll have to leave Thailand within seven days.

I hope that you still have a good relationship to your kids' father to see the Immigration for further advice. Good luck for both of you.

[InterestedObserver]

800,000 baht is for a retirement extension of stay. I'd think Sara1 is a little too young to qualify.

[sara1]

Thanks for the help. Yes, my daughter's b'cert was done at the local Amphur, her father went to register it so she has a Thai b'cert and is considered a Thai citizen. The catch 24 is that I will earn enough to show the 40,000 per month income but of course I can not do this until I have the work permit. As for my partner he does work but his salary is very low as is a Thai wage.

I might go back to the immigration and ask (beg) if they can help in this situation. They must understand that as a mother it is not possible for me to do visa runs with a small child. I hope that they can be understanding and allow an extension. If not, I will have to go for option B, which is a non immigrant B visa. But as mentioned I am not happy with this as if I something goes wrong in my work I will have to leave Thailand and this does not offer myself or daughter much security.

Thanks for all the help

[JusMe]

Border runs aren't quite as ominous as you seem to perceive. They can easily be made within one day - from wherever you are to the border, cross and immediately return, and then back home. Leave in the morning, return late afternoon.

They get annoying, but aren't really that bad. Take up most of a day and cost a few baht, but you can either do it yourself or go with a great number of companies that make it much easier. I know of one from Bangkok, often loaded with Filipina nannies, that would probably welcome your daughter, too! She'd wait with someone on this side of the border while you crossed and returned, but not much more than fifteen or twenty minutes.

Obviously not the best solution, but not impossible.

[InterestedObserver]

Sara1, it would be advisable to get your daughter a Thai passport now. She should leave and re-enter Thailand on a Thai passport, not her UK passport. You never know when you both will need to travel.

[beano2274]

Sara, why not go with a letter from your employer to show that you earn the money, just get a certified letter from the Embassy, then take this and the relevant documents and bank book to the Immigration department and apply for a Visa based on a Thai child. Am sure this would be easier for you and also the best option for you. This way you do not have to prove where the salary came from just show bank books with money in and that is it.

[lopburi3]

Embassy can only certify money from outside Thailand.

[beano2274]

Embassy can only certify money from outside Thailand.

Am sorry but you are wrong. I, in previous years have used this means to get an Extension.

[lopburi3]

At what Embassy and what Immigration office? Are you currently using this method? It should not be accepted under current policy from my understanding.

[monty]

Embassy can only certify money from outside Thailand.

Am sorry but you are wrong. I, in previous years have used this means to get an Extension.

Rather strange as normally money earned within Thailand has to be proven with tax receipts.

[beano2274]

There is always black and white, but there are shades of grey.

Policy is one thing, but there are ways around things.

Edit - whilst it is not entirely legal, the letter from the Embassy does not state where the money

came from, so therefore all the Immigration see is a letter and a bank book. Which cover the

requirements.

[lopburi3]

If it is the US Embassy it clearly states US$ and income in Thailand would not be such for most people so making such a statement under oath could be a serious issue if found out.

[beano2274]

If it is the US Embassy it clearly states US$ and income in Thailand would not be such for most people so making such a statement under oath could be a serious issue if found out.

How many Americans swear something under Oath and do not comply with it?

Like I said it might not be completely legal, but then again a 1 year Visa for visiting friends that everyone recommends is also a shady area of black and white.

[sara1]

Sounds like good advise. The only problem I have is the financial side. Obviously, I will be meeting the 40bht monthly requirement once I start work. But I do not have any finance to show from the UK. As mentioned I have a young child and have been taking care of her so unable to work as well, only part-time work. Her father works, but is on a Thai wage so again we can not meet the requirements.

I feel that it is unfair that they ask a mother to have to show all the finance when obviously I could not jump out of bed after serveral hours of labour and go straight back to work with no childcare options and feeding my baby every 4 hours. But this is what they expected and I had to return to the UK in the end. They did wouldn't grant my partner a visa to the UK either, as they said 'we are not a real couple' only together for 6 years and have a child, but I guess that doesn't count.

I do not understand why for some it is possible to gain a work permit on an 0 visa and for me everytime I go to the immigration they are telling me I can not and that I have to do boarder runs every 90 days.

I do understand that the boarder runs are not as difficult as one might imagine. But I just don't like the idea of leaving my daughter every 90 days to do this. And I definitely don't like the idea of going to change my visa to a B visa. I feel there is no security for me and my daughter if I stop working or lose my contract.

So frustrated.......

[Mario2008]

You do not need to show finances from the UK if you earn money in Thailand. Than you show you earn enough money with tax receipts instead of an embassy letter.

Immigration has nothing to do with the issueing of a work pemit, that is a matter of the labour department. With the right paperwork you should be able to apply for a work permit there, When you have the work permit and the required incoem of 40,000 a month you can go to immigration and apply for an extension of stay based on your Thai child.