Extension Based On Raising Thai Child

[eutin45]

Last year I was still married and applied for 1 year extension in Chiangmai. They said you got last year extension in Nakhomphanom, go back there again. This is in violation of their own policy stating that you should always apply at place of residence. Anyway, I went back to Nakhomphanom and got extension there.

This year I am separated from my wonderful thai wife and custody for our thai child is pending in court. I have a temporary custody order stating that the child is living with the father. As this is a temporary immigration in Chiangmai told me they give me 2 months extension and to come back when the custody case is finally settled. Then they will give me 1 year extension in Chiangmai.

I just happen to be in court for custody and divorce. But in case I was not, they need to give me extension based on raising a thai child. Obviously I am taking care of a child and not the mother who is staying away and not even appearing in court.

Can someone advise what it means extension based on having a thai nationality child. They also don't issue you a thai passport for the child unless you have a permanent court order for custody.

Thank you

[lopburi3]

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 be

granted for a period of

not more than 1 year at a time.

(1) The alien has obtained a temporary visa (NON-IM); and

(2) Confirmation of employment given by a hotel or company

engaged in the entertainment business in Thailand with a

registered capital of not less than Baht 20 Million, full paid-up

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de

jure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(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.

[tripplejjj]

Your extension will hinge on the "legal" custody of your child. Immigration will not grant extension based on raising a child if you have no legal custody. If your divorce was finalized today and you have joint custody with the mother of the child, then you have "legal" custody. (You can get full legal custody later but then it comes down to timing.)

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 be granted for a period of not more than 1 year at a time.

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de jure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(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.

[Mario2008]

Regarding the Thai passport, you can get it right now. Only at this moment both prents have to sign the passport application. (it is not necesarry to both go to the passport office). Once you have sole custody you can apply for the passport by yourself. So it would depend on the relationship with the mother.

[eutin45]

May 3 I have to go to court again to obtain legal custody after the hearing was postponed since Jan "for technical reasons". I have "Temporary Custody" since December 09. Divorce hearing is all the way in August. When parents are only separated but not divorced, who has legal custody in Thailand? Not the one the child is living with? The mother does not come to court hearings nor can she be located. I am raising the child and have no custody that can give me a 1 year extension? Only "legal" custody matters? I hope I will get that "legal" custody on May 3, if not?

Your extension will hinge on the "legal" custody of your child. Immigration will not grant extension based on raising a child if you have no legal custody. If your divorce was finalized today and you have joint custody with the mother of the child, then you have "legal" custody. (You can get full legal custody later but then it comes down to timing.)

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 be granted for a period of not more than 1 year at a time.

(1) The alien has obtained a temporary visa (NON-IM)

(2) Proof of family relationship

(3) In the case of a spouse, the marital relationship shall be de jure (legitimate) and de facto;

(4) In the case of a child, adopted child or child of his/her spouse, the said person must not be married, must be living with the family, and must be less than 20 years of age; or

(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.

[tripplejjj]

May 3 I have to go to court again to obtain legal custody after the hearing was postponed since Jan "for technical reasons". I have "Temporary Custody" since December 09. Divorce hearing is all the way in August. When parents are only separated but not divorced, who has legal custody in Thailand? Not the one the child is living with? The mother does not come to court hearings nor can she be located. I am raising the child and have no custody that can give me a 1 year extension? Only "legal" custody matters? I hope I will get that "legal" custody on May 3, if not?

Biological parents have "legal" custody until the court say otherwise. The only reason why one parent should have sole custody of a child is if it is in the best interest of the child. Most of the child custody cases stem from vengeance against the EX-spouse. In practice, until the court make a decision, both of the parents have legal custody. Joint custody shall not be based on percentage.

2.26 In the case of litigation or judicial proceeding:

Permission will be granted for a period of not more than 90 days at a time.

(1) Proof of involvement in litigation or judicial proceedings as complainant, the aggrieved party, accused, plaintiff, defendant or witness.