De Facto With Child Coming Off Perpetual Visa Exemptions

[SerialBorderRunner]

After reading through threads and info on this site I can't seem to find the best answer for my unusual situation. Here it is:

I've been in Thailand for the last 3 years on a combination of 30 day air and 15 day walk visa exemptions, as well as a few double-entry toursit visas from Laos. I'm currently on about my 15th consecutive land crossing 15 day exemption (never an issue, Mae Sai rocks!). The two years prior to this I made several visits from Australia and back periodically.

The last 3 years I have been in a genuine relationship with my Thai partner. We have everything to prove this; joint leases, billing accounts, photos from various family members visiting and meeting with my wife's family, holidays together, etc etc. Neither of us feel we need to get married but will go through the formalities if absolutely necessary.

We've recently had a daughter in Thailand, 3 months ago. Perhaps I can backdoor the marriage by the fact that I support a daughter here as well as clearly being in a 'de-facto' relationship (not sure if that holds water in Thailand).

I don't have a Thai bank account. When I left Australia I emptied my bank account and left all my funds in the trust of my mother. Over the last 3 years I have had bank transfers into my partner's Thai bank account from Australia on a monthly basis, ranging from 60,000thb - 120,000 thb. These either come from my mother's account or an individual who is sporadically paying off a debt. We don't hold much money in my partner's accounts - generally less than 100K tb. Would like to avoid parking 400K if possible.

So what are my options?

Clearly we can show good income but do transfers to my partner's bank account count if we need to show income for a visa or extension option?

I read a lot about extensions and visas based on marriage. Are the same options available based on a dependent child?

Can I go to immigration with my 15 day exemption and apply for a 60 day extension based solely on having a child? Would our un-sanctimonious relationship hold any water here (or with any other options)?

Do I need an actual (tourist?) visa to apply for extension based on a child or even marriage, or is a 15 day exemption just as good?

What are my chances of a Non-O and where is the best place to go (KL)?

Any other comments and suggestions welcome and feel free to take the mickey out of my dubious status and situation.

This is all part of a road-map to eventual legitimacy in Thailand. We are setting up a company with me as the minor shareholder and the end goal is for me to have a work permit / business visa but that is at least a year off, probably two.

For now I just want to get out of the border run cycle and stay based on having a child and partner here.

Cheers for reading if you got through that.

[SerialBorderRunner]

Oh yeah, I'm a mid 30's Aussie male and reside in Lamphun.

Do I need a lawyer? Or a shrink?

[beechguy]

Your current relationship with the girlfriend doesn't count for anything, but if you formalize, legal documents etc, the relationship with your child, you could perhaps apply for a Non-Immigrant "O" Visa and perhaps qualify for an "Extension of Stay".

[Maestro]

"Partner" is such a wide-ranging term. Partner in crime? Business partner. Cohabitant, of either sex? From your post it seems that the person you call your "partner" is a female of Thai nationality who is the mother of your child.

Over the last 3 years I have had bank transfers into my partner's Thai bank account from Australia on a monthly basis, ranging from 60,000thb - 120,000 thb. These either come from my mother's account or an individual who is sporadically paying off a debt...Clearly we can show good income but do transfers to my partner's bank account count if we need to show income for a visa or extension option?

Money coming into Thailand, ie transferred from a bank account outside Thailand to a bank account of your "partner" in Thailand, is not income, ie not earnings, not money earned by you that would qualify you for an extension of stay for the reason of living with your child of Thai nationality under clause 2.18(5) of Police Order 777/2551. Please note that the correct translation from the original Thai text is "In the case of a parent, that parent must..."

Police order 777-2551 extension of stay rules EN - T&G.pdf

Police order 777-2551 extension of stay rules TH.pdf

[Lite Beer]

As said having a Thai girlfriend counts for nothing.

Money in your girlfriends bank counts for nothing also.

Being the legal Father of the child would entitle you to 12 month extensions of stay providing you qualify financially.

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.

(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.

Having your name on the childs birth Certificate would not be enough. You would need to legalise your relationship.

Have a look Here.

You can get a 60 day extension from Immigration that would give you a bit of time to sort things out.

You do need to open a bank account if you intend going down the 12 month extension route..

[lopburi3]

Only the 60 day extension to visit child is available to you under your current described conditions. Only a single entry non immigrant O visa would likely be issued in the region (but that would be 90 days rather than 15 day entry) for visiting child but you might get a multi entry in Oz.

[IMA_FARANG]

Unfortunately the law in Thailand doen't recognise marriages as "de facto" the law specifies "de jure" (not sure if that is spelled corectly) but in means "by law".

So until you are legally married and the marriage registered....basically niether the Thai government or (I presume, I'm not Austrailian) will be willing to recognise your daughter as your daughter legally.

Financial support for your daughter and your girlfriend, even if you can show it has neen going on for years...by monthly bank deposits for example....won't count with the Thai authorities and immigration. I know that from my own experience.

So basically, if you want to legalise your daughter, the first thing to do is to get married legally.

Your girlfriend, as a Thai citizen, MAY be able to have the Thai government recognise your daughter as your daughter by declaring you as the father and completing the required paperwork. Maybe even without marrying you...but I'm not a lawyer, and anyway that is Thai law...so I can't be sure if that is true.

If you want to get your daughter recognised as an Australian by reason ofyou being the father...that will require a lot of paperwork from the Austrailian embessy. In that case you will almost certainly need a birth certificate with YOU listed as the father on that birth certificate.

Otherwise, like I had to, you will just have to accept the fact that your daughter will smile and say, "Thank you, daddy" on birthdays and holidays as your pay for your financial support all those years.

I made that hard choice years ago...and now I even have a grand daughter who says, "Thank you, Grandpa" occasionally.

[Mario2008]

There is no need to marry to the mother in order legalize his child under Thai law. He can just petition the court to be recognized as the father.