Non B When Marrying My Thai Bf?

[Carry]

I hear different stories on the possibility of get a NON B visa when getting married, I'm dutch been together for 5 years and have a child, since the child is in my passport I have to pay double for all the visa, so now we're considering getting married to avoid visa runs and make life more easy.

Anyone? Or if there's a topic on this already [sorry didn't find it] please post the link.

Thanks

Edited February 23, 2011 by Carry

[Mario2008]

Based on marriage to a Thai national you would qualify for a non-O visa and yearly extensions of stay from immigration. Being a woman married to a Thai national there would be no need to show any income.

Since the child's father is Thai the child is also Thai, but first he must be recognized by the father, for which there are two options. Option one is to go to court and be recognized as the father and option number two is by simply marring you.

[lopburi3]

You require the same visas married or single. But if married you could extend your stay one year at a time at a local immigration office for 1,900 baht. That seems to be what you would want to do.

As for the child you seem to say it is from boyfriend so would be Thai by birth father and not need any visa. Or is it a problem with Dutch not allowing dual nationality?

[Mario2008]

Dutch law allows dual nationality in cases like this. The problem is that the father didn't legalize the child by going to court, so legally he is not the father and the child doesn't have Thai nationality.

[Carry]

He wasnt there for birth so she has my last name, he is not on the birth certificate, would he still be able to legally become her father just by marrying me?

[Mario2008]

Not sure about him becoming the legal father in that case. You better ask a competent lawyer about that.

I'm not sure if he can be added to the birth certificate now, I presume no father is mentioned on the BC.

[Carry]

Well in the Netherlands I know that would be possible [eventually!] not easy but can be done, we're considering it so our child can have a Thai passport too.

Just wondering about the visa thing I hear many different things as said but prolonging year by year by the local immigration sounds reasonable!

[lopburi3]

A further complication is birth seems to have been in Europe so would require involvement of Thai Embassy there. Expect DNA proof and then legal action in country of birth and then Embassy in country of birth to obtain birth of Thai paperwork and Thai passport would likely be required. But probably better to do early rather than later when she is growing up and decides she wants the option of be a citizen of her fathers country and who knows what additional issues might crop up. Marriage would at least make it easier with dealing with officals if not actual legal issues.

[lopburi3]

Your post crossed mine. Suspect that is where you need to start as foreign birth requires Thai Embassy involvement. Once it is on record there Embassy should be free to issue passport.

We see too many posts from Thai without birthrights and the issues they face when decades have passed. Best to follow through and get her paperwork in order.

[Carry]

DNA wont be necessary as its legal to concider a child yours without it even being your biological child...and yes it is only possible in the netherlands by the Thai embassy to get a thai passport but thats not our priority now....the two posts on the visa thing are saying different things though, anyone another thought on that?

[lopburi3]

We provided the information in posts 2 and 3 and they are not different. You would be eligible for a non immigrant O visa with marriage but after that you would also be eligible for a one year extension of stay. Marriage paperwork and husband would be required and visit to local Immigration office. Cost is 1,900 baht per year and any travel outside of Thailand would require 1,000 baht re-entry permit prior to exit. Child as a foreigner is not charged overstay so at current age that is not an issue and could enter on free visa exempt or an inexpensive (or free) tourist visa. There is no requirement you both have the same visa entry. After five years would suspect marriage might be a good choice for everyone however and it would make your stay easier.

[Mario2008]

Yes, according to Dutch law it would be possible for the father to legitimize the child. But I suspect that filing a paternity suit against the father by the child is a better option. There are some differences in the two procedures, also regarding the date the legal fatherhood of the child takes place. And that can be a very important point, as the parent must be Thai at the time of birth.

Might be better to file a paternity suit in Thailand.

[Mario2008]

I saw the OP's post in the ladies section:

As Lopburi pointed out, we are not giving different information. Married to a Thai you would still need a visa, but the difference would be that once in Thailand you would be able to get 1 year extensions of stay and no need to do visa/border runs anymore.

The confusion about people going to immigration every 3 months and some going every year is easy to explain. You go to immigration once a year to get an extension of stay. But on an extension of stay you must report your address every 90 days to immigration. Some people go to the immigration office for this, but most immigration offices allow you to report by mail.

[PoorSucker]

Just to add.

The OP asked about non-B.

Extension of stay based on marriage also gives right to apply for work permit.

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

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

(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.

Forget the last one because you are a female.

You can always complain to immigrations about equal rights.

Paper work to bring to immigrations:

1. Application form T.M. 7 with one photograph size 4x6 cm. and Visa Fee 1900.-Baht

2. Copy Marriage Certificate

3. Copy Kor Ror 2 from amphur office (not older than six months)

4. Child's birth certificate (if any)

5. Copy husbands house registration

6. Copy husbands identity card

7. Copy passport, non-Imm visa, arrival card.

8. Interview the husband and wife for confirming status of husband and wife

9. Map to residency

10. Picture of house and family, in house and outside showing house number.

[Carry]

Thanks mario, just got confused about the two posts, got it know,didnt mean to gossip about u guys in the ladies section

Helpfull answers, know what to do now!

[alina]

Posted 2011-02-23 09:02:40

I hear different stories on the possibility of get a NON B visa when getting married, I'm dutch been together for 5 years and have a child, since the child is in my passport I have to pay double for all the visa, so now we're considering getting married to avoid visa runs and make life more easy.

Anyone? Or if there's a topic on this already [sorry didn't find it] please post the link.

Thanks

Getting married to avoid visa runs ? What happened to LOVE

[mystwoodcol]

Posted 2011-02-23 09:02:40

I hear different stories on the possibility of get a NON B visa when getting married, I'm dutch been together for 5 years and have a child, since the child is in my passport I have to pay double for all the visa, so now we're considering getting married to avoid visa runs and make life more easy.

Anyone? Or if there's a topic on this already [sorry didn't find it] please post the link.

Thanks

Getting married to avoid visa runs ? What happened to LOVE

They just LOVE to spend more time together,not separated by visa runs

[dighambara]

I saw the OP's post in the ladies section:

As Lopburi pointed out, we are not giving different information. Married to a Thai you would still need a visa, but the difference would be that once in Thailand you would be able to get 1 year extensions of stay and no need to do visa/border runs anymore.

The confusion about people going to immigration every 3 months and some going every year is easy to explain. You go to immigration once a year to get an extension of stay. But on an extension of stay you must report your address every 90 days to immigration. Some people go to the immigration office for this, but most immigration offices allow you to report by mail.

OK, MY two bits. Since moving here 8 years ago, I have met 3 foreign women married to Thais - none of them had visas, all had residence ID. Each in turn said their husband filled out the proper paperwork and they had permanent residence within 6 weeks. The nationality of the women may be a deciding factor, as two were Lao and one was Philipina.

I repeat, no visa, no yearly immigration visit, no immigration fee.

[Hibiscus]

Hello Carry,

here is what I know about the citizenship (experienced beginning 2011)

the child of a farang woman and a Thai man has to be born in Thailand to get the citizenship, if not in Thailand parents have to get (or be) married. (Even if the father recognises the child at birth in the foreign country).

after marriage, to get the child Thai citizenship, you have to provide the Thai embassy of the child's birth place with: birth certificate, marriage certificate (and some other documents..). After 3-4 weeks, the Thai embassy will send you the Thai birth certificate. This document will enable you to get your child a Thai passeport.

Please be aware that Thai laws do not allow the child to carry both parents name (not a problem since your child carries your name).

It's a kind of a complicated administrative marathon, but it's worth, your child's bicultural identity will be fully recognised and your child will have rights in Thailand.

Good luck

[samran]

I saw the OP's post in the ladies section:

As Lopburi pointed out, we are not giving different information. Married to a Thai you would still need a visa, but the difference would be that once in Thailand you would be able to get 1 year extensions of stay and no need to do visa/border runs anymore.

The confusion about people going to immigration every 3 months and some going every year is easy to explain. You go to immigration once a year to get an extension of stay. But on an extension of stay you must report your address every 90 days to immigration. Some people go to the immigration office for this, but most immigration offices allow you to report by mail.

OK, MY two bits. Since moving here 8 years ago, I have met 3 foreign women married to Thais - none of them had visas, all had residence ID. Each in turn said their husband filled out the proper paperwork and they had permanent residence within 6 weeks. The nationality of the women may be a deciding factor, as two were Lao and one was Philipina.

I repeat, no visa, no yearly immigration visit, no immigration fee.

Although this post is more than a month old it would be very interesting for the poster to elaborate. No way that such a visa could be procurred in 6 weeks - and I am the Thai husband and my wife the foreigner.

The only two options are - PR (apply in the last 2 weeks of december and then wait for PR to be issued). Or the route we have chosen, apply for citizenship for my wife based on marriage to a Thai husband...and wait. We are three years into that particular journey.

[Arkady]

Hello Carry,

here is what I know about the citizenship (experienced beginning 2011)

the child of a farang woman and a Thai man has to be born in Thailand to get the citizenship, if not in Thailand parents have to get (or be) married. (Even if the father recognises the child at birth in the foreign country).

after marriage, to get the child Thai citizenship, you have to provide the Thai embassy of the child's birth place with: birth certificate, marriage certificate (and some other documents..). After 3-4 weeks, the Thai embassy will send you the Thai birth certificate. This document will enable you to get your child a Thai passeport.

Please be aware that Thai laws do not allow the child to carry both parents name (not a problem since your child carries your name).

It's a kind of a complicated administrative marathon, but it's worth, your child's bicultural identity will be fully recognised and your child will have rights in Thailand.

Good luck

Sorry but this is completely wrong. Anyone with one Thai parent is entitled to Thai nationality wherever they were born and regardless of whether the parents were married at the time of birth or later. There is a department at the Immigration Bureau that deals solely with claims to Thai nationality. DNA proof of a Thai father (or mother) will do the job.

Thai law now allows middle names. Therefore it is possible to have one parent's name as a middle name.

[Arkady]

I saw the OP's post in the ladies section:

As Lopburi pointed out, we are not giving different information. Married to a Thai you would still need a visa, but the difference would be that once in Thailand you would be able to get 1 year extensions of stay and no need to do visa/border runs anymore.

The confusion about people going to immigration every 3 months and some going every year is easy to explain. You go to immigration once a year to get an extension of stay. But on an extension of stay you must report your address every 90 days to immigration. Some people go to the immigration office for this, but most immigration offices allow you to report by mail.

OK, MY two bits. Since moving here 8 years ago, I have met 3 foreign women married to Thais - none of them had visas, all had residence ID. Each in turn said their husband filled out the proper paperwork and they had permanent residence within 6 weeks. The nationality of the women may be a deciding factor, as two were Lao and one was Philipina.

I repeat, no visa, no yearly immigration visit, no immigration fee.

There is only one fast track route to PR and that is for people who formerly had Thai nationality and want to come back to live in Thailand without reclaiming their Thai nationality. All others have to go through the normal route which is currently closed. There is a backlog since 2006 and no applications were accepted last year. Wives of Thai nationals need to have a job and a work permit for three years like every one else.