Which Visa - My Family Is Leaving Us In 4 Weeks To Stay 6 Months In Thailand

[saksiri]

Hello:

Which Visa should I get?

My father lives permanently in Thailand as a resident. My US family of 3 (wife plus 14month old baby) is leaving US in 4 weeks to stay for 5-6 months in Thailand.

Which visa should I get for ease of mind?

In terms of cost, is it cheaper (with family of 3) to get them in US or Bangkok when we arrive?

We would like not to travel outside Thailand too much, but would if we need to cross the border and renew.

Thank you so much,

Saki

[lopburi3]

Visas cost the same anywhere (only exchange rate difference) and are not available inside Thailand. Are you sure your father has resident (PR) status? Very few do. If he just using visa entry not sure they would issue non immigrant visa but you can ask. If he is here on one year extensions of stay or PR you should be able to obtain non immigrant O visas to visit. Single entry would be 90 days and then require exit for a new visa either same or tourist. Multi entry would be 90 days but quick exit/return another 90 days for one year validity. UK Hull Consulate lists below as there requirements to issue:

1) Visiting family working/living in Thailand

Evidence required:

a) Birth/Marriage Certificate to show relationship

b ) Letter from relative confirming they are in Thailand together with a copy of page

in their passport showing valid entry visa or a copy of their valid work permit..

[CharlieH]

Just because he is resident here doesnt mean he has PR status. You would need to clarify that.

As you are in the USA, I would suggest it may be easier to simply apply for a double entry tourist Visa, each entry valid for 60 days and each entry then extendable by 30 days giving 6 months in total.

Visa's cannot be purchased in Bangkok, you would need to obtain a Visa at a Thai Consulate outside the Kingdom prior to arrival, suggest one of the many consulates in the USA.

Also bare in mind that without a valid Visa issued by a Thai consulate you may have difficulty boarding a flight unless you can show proof of onward travel within 30 days, so save yourself alot of hassle and do it before you leave the US.

[pinball]

The best bet is to get the double entry Tourist Visa. that would give a total of six months with extensions.

Best Pinball

[saksiri]

Thanks everyone, Yes, my father is Thai and is a permanent Resident. I am only a US citizen because my mom is from US.

So with that information, with the price should I get non-immigrant or Double Entry Tourist Visa for our 6 month stay?

How long is the application process? We leave Nov 15th (4 weeks)

Many thanks for all the help!!!

[bunnydrops]

Thanks everyone, Yes, my father is Thai and is a permanent Resident. I am only a US citizen because my mom is from US.

So with that information, with the price should I get non-immigrant or Double Entry Tourist Visa for our 6 month stay?

How long is the application process? We leave Nov 15th (4 weeks).

Many thanks for all the help!!!

Its pretty quick. If you live in a city with a Thai Consulate, can be done in one day. I use the one in Portland, Or. by mail. Always less than a week.

[lopburi3]

Are you saying your father is a born Thai citizen? If that is the case you are also Thai and should take action with Thai Embassy to get your Thai birth papers and passport. For now you may have to use tourist visa if you do not have any birth/father paperwork to show.

[Lite Beer]

As said, you may well be Thai yourself and need to sort out a Thai passport.

[wpcoe]

Don't know the age of the OP, but if he opts for Thai citizenship he should be aware of a possible obligation to military conscription if he stays in Thailand.

[thaikahuna]

Just because he is resident here doesnt mean he has PR status. You would need to clarify that.

As you are in the USA, I would suggest it may be easier to simply apply for a double entry tourist Visa, each entry valid for 60 days and each entry then extendable by 30 days giving 6 months in total.

Visa's cannot be purchased in Bangkok, you would need to obtain a Visa at a Thai Consulate outside the Kingdom prior to arrival, suggest one of the many consulates in the USA.

Also bare in mind that without a valid Visa issued by a Thai consulate you may have difficulty boarding a flight unless you can show proof of onward travel within 30 days, so save yourself alot of hassle and do it before you leave the US.

The multiple entry tourist visa could be your cheapest option. There is also the multiple entry non-immigrant O visa as well. For a stay of 6 months and only 6 months, the multiple entry tourist visa will only require you to leave the Kingdom once with 2 trips for extension at immigration. The non-immigrant O will only require one border crossing and NO additional trips to immigration. Its a matter of how much red tape you wish to subject your family to for this sojourn.

[samran]

Don't know the age of the OP, but if he opts for Thai citizenship he should be aware of a possible obligation to military conscription if he stays in Thailand.

For a variety of reasons, which I won't go into, that won't be a problem particularly as the OP's permanent residence is in the US. Nothing to stop a Thai citizen in this situation making short and medium term visits to Thailand. Besides, immigration computers and and the army don't talk to each other.

The OP should be aware of a few things.

1) That as a child of a Thai citizen he is a Thai citizen

2) That his child is also a Thai citizen (being born to a Thai citizen).

Now, you need to prove this and a Thai birth certificate is the best way of doing so. It should be fairly quick and relatively painless for you and your 14 month old to so via the nearest consulate, so long as the OP can prove that he is his fathers son.

It probably won't be enough time to process a Thai passport, but the OP with the proof of Thai citizenship (ie the birth certificate) can travel to Thailand and once there he and his son can get a 12 month extension of stay in their US passports (so no border runs) which is granted to Thai citizens/former Thai citizens traveling to Thailand on their foreign passports.

Now, I'm not sure about your wife, but she could perhaps piggy back off this extension of stay. You'll have to ask immigration, but I suspect a non-immigrant O visa (multi entry) would be a possibility from a consulate given she is going there to visit genuine family there.

[phuketrichard]

note the consolute in LA will issue a triple entry tourist visa

If ur visiting ur Thai dad u can easily get a non o visa ( as long as u have proof)

[dighambara]

Visas cost the same anywhere (only exchange rate difference) and are not available inside Thailand. Are you sure your father has resident (PR) status? Very few do. If he just using visa entry not sure they would issue non immigrant visa but you can ask. If he is here on one year extensions of stay or PR you should be able to obtain non immigrant O visas to visit. Single entry would be 90 days and then require exit for a new visa either same or tourist. Multi entry would be 90 days but quick exit/return another 90 days for one year validity. UK Hull Consulate lists below as there requirements to issue:

1) Visiting family working/living in Thailand

Evidence required:

a) Birth/Marriage Certificate to show relationship

b ) Letter from relative confirming they are in Thailand together with a copy of page

in their passport showing valid entry visa or a copy of their valid work permit..

The citizenship of the family was not mentioned. Is the family Thai-American..?? If so, then those with Thai ancestry are Thai citizens - with ID - no visa required. If Thai, but without Thai ID or Passport, then they must carry their birth records and apply here. In Bangkok, application and process has been as short as 3 days...

If US citizens without Thai heritage, then see above. IF other citizenship, then check those requirements...

[saksiri]

Thanks all.

For the record, I am NOT a Thai Citizen - nor is my baby and his mother, but my father is. It's complicated, but that's the case.

So...what I'd really like to do is stay in Thailand for 6 months without having to cross borders with my young baby and mother. Can I get a non-immigrant Visa and stay put for 6 months?

[samran]

Thanks all.

For the record, I am NOT a Thai Citizen - nor is my baby and his mother, but my father is. It's complicated, but that's the case.

So...what I'd really like to do is stay in Thailand for 6 months without having to cross borders with my young baby and mother. Can I get a non-immigrant Visa and stay put for 6 months?

I'm not trying to delve into your family history - but Thai citizenship law is pretty clear:

- a child of a Thai citizen is also a Thai citizen, regardless of place of birth.

So long as you are the blood relative offspring of your father, then you are a Thai citizen. This also makes your child a Thai citizen.

So that is the legal aspect.

So if the above is true, whether you chose to utilise the visa's and indeed a Thai passport, is entirely up to you.

But, on my estimation, if you don't then you'll be crossing a border every now and then.

[lopburi3]

To answer your question there is no visa that you qualify for as non-Thai that would allow six month stay without exit.

[johnnynmonic]

Thanks everyone, Yes, my father is Thai and is a permanent Resident. I am only a US citizen because my mom is from US.

So with that information, with the price should I get non-immigrant or Double Entry Tourist Visa for our 6 month stay?

How long is the application process? We leave Nov 15th (4 weeks)

Many thanks for all the help!!!

If you're a US citizen, you should check to see if the Portland Thai consulate is still issuing triple entry tourist visas. They were last I checked. That would get you the whole six months. You can apply via mail, so you don't even need to be anywhere near Portland to get your visa (I know guys who always fly over there, I guess they prefer to buy plane tickets instead of a couple stamps).

Edit: you don't need much time to get these, just send the money and your passports with the right forms filled out. I've dropped mine in the mail, and got my passports w/visas back on Friday. It's a pretty small office, so quick turnaround.

[colourcode]

Thanks all.

For the record, I am NOT a Thai Citizen - nor is my baby and his mother, but my father is. It's complicated, but that's the case.

So...what I'd really like to do is stay in Thailand for 6 months without having to cross borders with my young baby and mother. Can I get a non-immigrant Visa and stay put for 6 months?

Unfortunately you have to leave the country every 90 days with a non immigrant 0 visa.

Tourist visa you will have to go to immigration after 60 days, pay a fee, get an extension of 30 days then you will need to leave the country - if you have a double entry tourist visa you can come back in again and repeat the process and so on with a triple entry.

You will need a visa for your baby too - at least that was what we were told at the London consulate a few weeks ago.

Good luck

[johnnynmonic]

So...what I'd really like to do is stay in Thailand for 6 months without having to cross borders with my young baby and mother. Can I get a non-immigrant Visa and stay put for 6 months?

That would be nice, but I don't think you can pull it off. The borders aren't that bad. Go, enjoy the black market (that isn't much cheaper than the regular market in most cases), then turn around and come home. You'll get to see some more of Thailand in the process.

:jap:

[saksiri]

So even with a non-immigrant visa, I can't stay with my thai father for 6 months without doing a border crossing?

Seems like I would go for the double entry Visa (60 days plus 30 extension) do 1 border crossing after 90 days to allow for a total of 6 months. Then I wouldn't have to give them the additional paperwork for the non-immigrant visa.

What a bummer - it's really not easy to do the borders and travel with and infant so we just want to stay at home with family.

[saksiri]

Thanks all.

For the record, I am NOT a Thai Citizen - nor is my baby and his mother, but my father is. It's complicated, but that's the case.

So...what I'd really like to do is stay in Thailand for 6 months without having to cross borders with my young baby and mother. Can I get a non-immigrant Visa and stay put for 6 months?

I'm not trying to delve into your family history - but Thai citizenship law is pretty clear:

- a child of a Thai citizen is also a Thai citizen, regardless of place of birth.

So long as you are the blood relative offspring of your father, then you are a Thai citizen. This also makes your child a Thai citizen.

So that is the legal aspect.

So if the above is true, whether you chose to utilise the visa's and indeed a Thai passport, is entirely up to you.

But, on my estimation, if you don't then you'll be crossing a border every now and then.

Samran, do you know where I can find this law written? We've been to the Thai Office so many times, but they say that since I was born in USA and my mom was a US citizen, I am not considered Thai. They said the primary parent determines citizenship and the mother is given the priority.

[lopburi3]

the Thai Office

What office might help people to answer. There is no such thing as "the" Thai office.

[Mario2008]

Which Thai office are you talking about?

The misunderstanding might be if your parents married in the US or not married, so there is no record of it in Thailand.

Thai nationality act (in English) http://www.thaivisa.com/forum/index.php?app=core&module=attach&section=attach&attach_rel_module=post&attach_id=120072

Thai nationality act (in Thai) http://www.dopa.go.th/dopanew/law/20.pdf

[Sophon]

So even with a non-immigrant visa, I can't stay with my thai father for 6 months without doing a border crossing?

Seems like I would go for the double entry Visa (60 days plus 30 extension) do 1 border crossing after 90 days to allow for a total of 6 months. Then I wouldn't have to give them the additional paperwork for the non-immigrant visa.

What a bummer - it's really not easy to do the borders and travel with and infant so we just want to stay at home with family.

Children under a certain age (14?) are not fined for overstay, so you and your wife could do the border runs and leave the baby with your family. Or alternatively, you and your wife could do separate border runs allowing one of you to stay at home with the baby.

Sophon

[Arkady]

Thanks all.

For the record, I am NOT a Thai Citizen - nor is my baby and his mother, but my father is. It's complicated, but that's the case.

So...what I'd really like to do is stay in Thailand for 6 months without having to cross borders with my young baby and mother. Can I get a non-immigrant Visa and stay put for 6 months?

I'm not trying to delve into your family history - but Thai citizenship law is pretty clear:

- a child of a Thai citizen is also a Thai citizen, regardless of place of birth.

So long as you are the blood relative offspring of your father, then you are a Thai citizen. This also makes your child a Thai citizen.

So that is the legal aspect.

So if the above is true, whether you chose to utilise the visa's and indeed a Thai passport, is entirely up to you.

But, on my estimation, if you don't then you'll be crossing a border every now and then.

Samran, do you know where I can find this law written? We've been to the Thai Office so many times, but they say that since I was born in USA and my mom was a US citizen, I am not considered Thai. They said the primary parent determines citizenship and the mother is given the priority.

I don't know what you mean by "Thai office" but they have totally mislead you. Thai law is very clear cut and Thai consulates are usually up to speed on it because they deal with loads of cases like yours and issue Thai passports to thousands of half Thai children born abroad on a daily basis. Most of them have clear cut information about this on their websites. I have attached for your information a copy of original and an English translation of the current Nationality Act of 1965 which is updated with all amendments up to and including the latest Nationality Act of 2008. From the following section it is very clear that both you and your child have acquired Thai nationality by birth.

Chapter 1: Acquisition of Thai Nationality

Section 7. The following persons acquire Thai nationality by birth:

(1) A person born of a father or a mother of Thai nationality, whether within or outside the Thai Kingdom;

Since 1992 there has been no concept of a "primary parent" in Thai nationality law. Prior to that the father was effectively regarded as the primary parent, since the Thai nationality of a mother was totally disregarded, unless she could convincingly argue that she didn't know who the father was. So even before 1992 you were regarded as Thai by birth having been born to a Thai father anywhere in the world. So the advice you have been given is doubly wrong and whoever give it you cannot even pretend they didn't know about the 1992 changes.

By the way, although this used to be an issued it is nowadays entirely irrelevant whether your parents were married or not at the time of your birth. If your father's name is entered on your birth certificate, it will be a relatively simple matter to prove your entitlement to Thai nationality, even at a consulate abroad. If not, you will have to deal with it in Thailand and provide DNA evidence of your relationship. In this case, there is a special department at Immigration HQ at Chaengwattana that deals solely with claims to Thai citizenship. With cooperation from your Dad it will be a simple matter to prove your entitlement but bear in mind comments about the military service obligation for males which is valid until the age of 30. Samran is the expect on this aspect of things.

Dual citizenship is allowed by the US, as clarified by a Supreme Court decision in the early 80s, so long as you don't use your foreign passport to enter the US. In Thailand it is neither specifically permitted nor prohibited but there are thousands and thousands of Thai dual nationals, including some very highly placed individuals who have no intention of giving up either nationality. It is not specifically prohibited for Thais to enter Thailand with a foreign passport and many do for various reasons, although you are advised to always use your Thai passport in Thailand. The big no, no is entering Thailand with one passport and trying to leave with another. This will trigger a red alert at Immigration and cause delays and hassles.

Thai NationalityAct with 2008 amendments (En).pdf

Thai Nationality Act with 2008 amendments (Th).pdf

[saksiri]

Thank you so much everyone. I received an email from the LA Consulate. Does this sound accurate?

The Thai Consulate in LA says I qualify for the Non-Immigrant Visa (good for 90 days) that can be extended in Bangkok for up to one year.

"Each entry for a Non-Immigrant Visa - single or multiple - is 90 days and

may be extended through Thai Immigration in Thailand."

Does this sound correct in your experience? Would this mean one trip to get the extension or do I have to do this upon arrival?

[saksiri]

To answer your question there is no visa that you qualify for as non-Thai that would allow six month stay without exit.

Lopburi, are you sure the single entry non-immigrant visa cannot be extended in Bangkok after 90 days? The attached application seems to imply I can be granted 90 days up to a year upon arrival? Does that mean the officer decides on the spot whether I get 90 days or up to a year?

[Lite Beer]

To extend for another year you have to qualify for it.

Retirement, Marriage, Business, Education etc.

Here is The Police Order that deals with extensions of stay.

Police Order 2008.pdf

[saksiri]

To extend for another year you have to qualify for it.

Retirement, Marriage, Business, Education etc.

Here is The Police Order that deals with extensions of stay.

Police Order 2008.pdf

2.18 It says family member of Thai (my father is Thai Citizen and Resident) is eligible for up to one year.

[Lite Beer]

2.18 It says family member of Thai (my father is Thai Citizen and Resident) is eligible for up to one year.

It also says "(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;"