Unhcr Rules Is There A Visa For It?

[bigwavedave2]

Hi

I understand that thailand signed up to the UNHCR treaty on human rights for children late last year. now in that treaty it say and thailand is a signatory that a child has the human right to not have its parents or a parent seperated from it without a judicial review. now if this were to be upheld by thailand then i as a parent to a thai child should not have to leave the country ever whiile my child is in thailand!!

has anyone got any experience of this or could you point me to the visa that this covers?

thanks in advance for any help or advice

dave

[Scott]

A very interesting question. In my experience, which is quite dated now, this may apply to people who are under the protection of the UNHCR, in other words, refugees, displaced persons, or persons of concern. As a very general rule, it doesn't apply to ordinary visa rules.

If, for example you cannot remain in Thailand (and you are the sole parent of a a Thai child) then you might have a case. This is especially true if the child is not immediately able to relocate to your home country.

[beano2274]

But as I see it you are not a refugee, a stateless person, or an asylum seeker.

Why would you be asked to leave Thailand, and be separated from your child?

The following is the direct link to a document about "determining the best interests of the child"

http://www.unhcr.org/4566b16b2.html

Remember that a court could rule that it would be in the best interests of the child to stay in Thailand

with other family members, and not go somewhere with you.

[beano2274]

Taken from page 69

3.2 Views of family members and others close to the child

Information collected from persons within the child’s network can often

help elucidate details as to the nature of relations between the child and

others close to him or her, the reasons behind certain preferences expressed

by the child, as well as his or her strengths and skills.

The more important and meaningful the person’s relationship is for

the child, the greater the weight that should be given to their views.

Caution must, however, be paid to potential conflicts of interest,

such as where there are indications that the relationship may be

abusive or exploitative.

In some situations, the views of the person close to the child go beyond

helping to understand the views of the latter, and constitute a separate

factor that carries its own weight. This is the case when:

a relative is required to confirm his or her willingness and ability to

be the care-giver, since this care arrangement cannot be

implemented without his or her consent;

a decision needs to be taken as to whether the child should remain

with one or both parents. Here caution is needed when attributing

weight to the views of the parents in determining what is in the best

interests of the child.

[Maestro]

bigwavedave2, there is no visa that allows you to stay in Thailand indefinitely because you have a child of Thai nationality. You can, however, apply for annual extensions of stay for the reason of living with your Thai child. See paragraph 2.18, clause (5) of Police Order 777/2551. Please note that there is an error in the English translation and it should read “In the case of a parent, that parent must maintain...”

--

Maestro

[Mario2008]

Thailand is not a signatory to the treaties regarding refugees, it is however indeed a signatory to the Convention on the Rights of the Child. Note that the right you mention can also be achieved by the parents and living in another country. It is not necesarry to grant permission to live in Thailand if you can also live toegther in another country. Next to that, a country can set legitimate controls on who they will allow into their country and to stay there.

2.18 (5)

(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.