Non Immigrant O Or Dependent Child Visa From Within Thailand?

[Paul888]

Hi

I have a question that has probably been asked many times before but I am pretty sure not with my personal circumstances so any help would be greatly appreciated.

My non immigrant O visa has expired and I need to return to UK to renew it but I cannot do this at the present time because I am a single parent (child's mother deceased) and I do not want to either leave my daughter with a friend or have her miss school and get behind in her studies. So for the moment and until school holidays in October, I think I will need to be enjoying trips to Myanmar every 15 days.

I know I could get a tourist visa from Laos (12 hr trip each way and compulsory overnight stay would mean my daughter missing at least 2 maybe 3 days of school) and I would as I say prefer to not have to do that if there is an alternative.

I believe I have heard talk of a special dependent child visa that can be obtained within Thailand which sounds exactly what I need but up to date information on this does not seem that easy to find. Does this still exist? Can it be obained within Thailand?

I have to stay in Thailand with my daughter because despite her actually being born in UK, (private hospital) her mother and I were never married and it was before the law changed on that. When I explained my situation on the telephone to the UK embassy in Bangkok they said that she could now get a UK passport but when I went there with the appropriate documents, they completely contradicted that and said she could not and that I would need to apply first for her to be granted citizenship as an exceptional case that would take around 6 months to be considered and was subject to a non refundable fee of about £600. I have seen some challenging forms in my time but this was right up there. Multiple personal references and talk of DNA tests. I am named on the Child's UK birth certificate, Thai Birth certificate issued in UK, Thai birth certificate issued in Thailand and have also visited the Amphur to be declared sole custodian of the child btw as I am sure I will be asked that.

Advice required primarily on the visa but if you have any advice on either of my 2 "situations". Thanks

EDIT: Nationality UK, Age Under 50

[Lite Beer]

From Police Order.777/2551

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

(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.

[Mario2008]

You cannot obtain a visa inside Thailand.

An important question is if you are the legal father of the child, as the child was born in the UK that has to be under UK law. Your problems with the British Embassy suggest that is not the case, meaning that at this moment you don't qualify for anything till your parenthood over the child has been established.

If you are named as the father on the (Thai) birth certificate, you can obtain a non-O visa from a neighboring country. But you will not get an extension of stay until your parenthood over the child has been established.

I suggest you petition the court to be recognized as the legal father of the child and be awarded full custody over the child. Once that has been established, you are the legal father of the child and can stay in Thailand based on that (provided you have an income of 40,000 a month or 400,000 in a Thai bank account).

Edit:

Did the amphur really grant you sole custody over the child?

[lopburi3]

You can easily obtain a 60 day extension of your non immigrant O visa entry (to visit child) but beyond that there would be two in country options. This, or with a border crossing might cover the time you need.

If you have 400k in bank 2 months or 40k income you could apply as having Thai child. It is a hand-full of paperwork but nothing very hard.

Another option for you staying would be to study yourself. Thai language schools charge about 30k per year and allow you to extend at Immigration in 90 day blocks. You should be able to do that while child is in school and study is only 4 hours a week.

The birth certificate should allow you to obtain single entry non immigrant O visas at local Consulates if exit were required but multi would probably require trip to Perth or UK.

[Paul888]

It seems I may have misunderstood the actual words they used at the Amphur, and they didn't as I initially though give me sole custody.

I am now told that what they said was that "all computer records in Thailand show me as being the father and the mother being dead and as such I am shown as "responsible".

Do you think I still need to "petition the court"?

[Mario2008]

It seems they didn't legalize you as the father of the child, but you are awarded custody of the child. The difference is that if you legalize the child you become the legal father of the child and family relations are established (think about the right to inherit). Now you have custody over the child and your legal ties to the child end when it becomes of age, legally you two are not family.

It is also unclear how immigration will react to your situation. But you should at least give it a try.

Consider contacting a competent lawyer, also to check what you are awarded (custody or parenthood) and what your options are.