New Visa Rules For Fathers Of Thai Children

[baboon]

Thats not how its always been for the issue of visa.. Its how its always been at incountry immigration..

But thats 2 different departments.

Based on this new information, its a guess to assume they will accept a court approved father for a new visa. They make no comment that this will be acceptable only that "it is no longer possible to obtain a non immigrant visa from the Royal Thai Embassy or from any of the Royal Thai Consulates in the UK on the basis that you are the father of a child living in Thailand".

Anything else, that it IS possible if your a court approved father" is guesswork.

So you are also convinced this applies only to UK consuls?

I am not convinced of anything.

However the statement as issued is pretty clear. No non imm O based on dependent child. Not as you feel, no non imm O 'unless your the legal guardian'.

Given this is new, we have to go with the information published, not what you think it might mean. I am sure Hull will clear it up shortly.

Lets face it, so far its one consul saying this, and claiming its UK wide.. We will see in reality what happens.

Yes. Why don`t we wait for further clarification before jumping off at the deep end?

[SNGLIFE]

the question is: ...what if your THAI WIFE DIES ?...they will kick you out of the country ? what happens to your children? have to take them out of their school and move back to your home country...?

I too would like to know the answer regarding this scenario. I built a home here and have children - a non-biological daughter (10) and a biological son (2). I've been here for over a decade and married for most of that time. I have NOTHING in my home country (USA). So, if my wife dies before me, they expect me to leave my daughter here and take my son back to America - to nothing? That seems heartless and stupid. No, excuse me, STOOOPID! Surely, there must be exceptions allowed...

[TimTang]

Just spoke to my lawyer about this as I was flying to K.L tomorrow for a visa. She had not heard about this change and she is going to make some inquiries with immigration and get back to me today.

Immigration (ministry of inetrior) has nothing to do with this. This are rules about a visa, from the Thai Foreign Ministry.

True, she is going to make inquiries and get back to me. I will post when she does.

My lawyer just got back to me.. You will no longer get a non imm visa based solely on parental circumstances regardless if it is birth certificate or court recognised and registered parent. You now have to be legaly married to a Thai. This has just blown my plans as I have already booked my flight and hotel for K.L tomorrow guess I will just have to go to the embassy and put on the tears and hope for something.

Don't expect any compassion for yourself or concern for the welfare of your child.

[Suradit69]

i just re-read this is an embassy visa issuance rule. any confirmation from immigration in Thailand?

Immigration has nothing to do with visa issuance abroad.

The way it's worded it sounds as though it only applies to UK. Things tend to be tightened up when abuse of the system has been repeatedly shown to take place and, as this shows, the embassies and Immigration do monitor boards like ThaiVisa to see whatever "work-arounds" (less politely called "scams") people are promoting in order to get visas.

[chatette]

The message is from an honorary consul, not a foreign ministry official.

Would check on this with the embassy.

In any event, it's about time Thailand looked at a more equitable arrangement. India's PIO status would seem applicable.

[Lite Beer]

More Confirmation.

http://www.thaivisa....ost__p__5074262

[Tafia]

Can you also please inform your readers that they must never post their passport from Thailand to any other country for any reason

It seems this guy isn't aware that we have to send passports to Hong Kong. A bit like the dumb shop assistant in a hardware store where you ask if they sell screws and he just looks around with a bewildered look.

Certainly, people who don't know their job shouldn't be allowed to send false information to the media. It only causes confusion.

Then, we pay all that money for WHAT? Better I keep the words to myself.

You don't send your passport! You send a copy of the info page + the application form

[Jayman]

Confirmation.

http://www.thaivisa.com/forum/topic/535091-new-visa-rules-for-fathers-of-thai-children/page__view__findpost__p__5074262

Well don't take my word for it. I got my confirmation from the head of the visa issuance Dept at the Thai embassy in NYC. Just pick up the phone and call the Embassy yourself. It's really not that hard .

[TimTang]

Its all old news boys and girls.

And if you are the father on the bird certificate you can ghet always a non o.

Ore married.

And that reporter here on thaivisa,sorry but for me he can back to school for bring here the news.

Really poor report

No this is not old news. If this is truly an amendment to the existing laws then it means that un-married fathers of Thai children will have to leave the country and either take their children with them or leave them behind. A non "O" based on marriage is a different visa than the one addressed in this forum.

[Tafia]

Altho I may have missed it:

"Can you also please inform your readers that they must never post their passport from Thailand to any other country for any reason because there will not be any evidence in their passport to show that they exited Thailand."

I can only assume that to renew a passport will require one to leave and return with a new one??

If from the Uk you send a copy of the Passport info page and application form to Hong Kong

[mussen]

Just spoke to my lawyer about this as I was flying to K.L tomorrow for a visa. She had not heard about this change and she is going to make some inquiries with immigration and get back to me today.

Immigration (ministry of inetrior) has nothing to do with this. This are rules about a visa, from the Thai Foreign Ministry.

True, she is going to make inquiries and get back to me. I will post when she does.

My lawyer just got back to me.. You will no longer get a non imm visa based solely on parental circumstances regardless if it is birth certificate or court recognised and registered parent. You now have to be legaly married to a Thai. This has just blown my plans as I have already booked my flight and hotel for K.L tomorrow guess I will just have to go to the embassy and put on the tears and hope for something.

If you have time can you post the outcome? I hope you get your visa.

[Jayman]

Just spoke to my lawyer about this as I was flying to K.L tomorrow for a visa. She had not heard about this change and she is going to make some inquiries with immigration and get back to me today.

Immigration (ministry of inetrior) has nothing to do with this. This are rules about a visa, from the Thai Foreign Ministry.

True, she is going to make inquiries and get back to me. I will post when she does.

My lawyer just got back to me.. You will no longer get a non imm visa based solely on parental circumstances regardless if it is birth certificate or court recognised and registered parent. You now have to be legaly married to a Thai. This has just blown my plans as I have already booked my flight and hotel for K.L tomorrow guess I will just have to go to the embassy and put on the tears and hope for something.

I too wish you the best out luck and I truly hope that it works out well for you. Keep a positive attitude and go in there with a smile on your face. Keep us posted once they issue you the visa

[TimTang]

Just spoke to my lawyer about this as I was flying to K.L tomorrow for a visa. She had not heard about this change and she is going to make some inquiries with immigration and get back to me today.

Immigration (ministry of inetrior) has nothing to do with this. This are rules about a visa, from the Thai Foreign Ministry.

True, she is going to make inquiries and get back to me. I will post when she does.

My lawyer just got back to me.. You will no longer get a non imm visa based solely on parental circumstances regardless if it is birth certificate or court recognised and registered parent. You now have to be legaly married to a Thai. This has just blown my plans as I have already booked my flight and hotel for K.L tomorrow guess I will just have to go to the embassy and put on the tears and hope for something.

I'm just curious...if you already have a visa that's about to expire why are you leaving the country to get another. Wouldn't it be easier to extend your existing visa here in Thailand. I lived in Thailand for 8 years on one visa which I extended 7 times; 1 year for each extension. At 1,900 baht it's certainly a lot cheaper.

Edited February 21, 2012 by TimTang

[ableguy]

I bet that this still doesn't stop any foreign father for going and get the court recognized letter stating that the foreigner is indeed the lawful father of the child. It has always been the case that fathers of children are not considered the legal parent just because their name is on the birth cert as there are no checks and the mother could have listed any name when registered. The law requires the parents be married or the father must petition the court for legal paperwork showing he is the father. Usually this will require a simple DNA test. The conditions are a bit easier if the child is over age 7. Of course this isn't the same for women and it's hardly a sexist thing but rather simple biology.

Avoice of sense ans reason at last.

[blackthorn2005]

It is a shame this ruling is being brought in and the request not to post passports for visas. However, the rules are being brought in because so many people completely abuse the system, now many others have to suffer because of this!

[inthepink]

I'm sorry but I would take very little from this at all.

There is no mention of the code for the Non immigrant visa though we assume it's a Non-0 visa.

This is hardly a new rule anyway, if you arn't married to the mother of the child what right should you have to get the visa anyway.

Seems like the only reason why you got the email in the first place was because some guy knocked up a girl in Pattaya and thought it would be a good way to get a visa.

Oh and to those who think it's racist go back and ask your own consulate if this would fly in your country, it wouldn't. have a kid in america to an unwed mother good luck if you think you'll get a green card.

Why are you comparing permanent residence in the USA to applying for a non-immigrant visa to visit Thailand for up to 90 days at a time?

What right has a father to spend some time with his children? I wouldn't have thought that question even needed asking.

[wlcart]

If you are going to have a baby then get married first. Children are not toys or visa tools or something you should create without planning. If you are married, have a kid, you are covered, simple. If you are not married and have a child, you are making it harder for the child and that is far worse than having a visa or not. I am not an uptight guy, when it comes to adults do what ever makes you feel good, but if you decide to have a kid, act responsibly, get married.

[transam]

If you are going to have a baby then get married first. Children are not toys or visa tools or something you should create without planning. If you are married, have a kid, you are covered, simple. If you are not married and have a child, you are making it harder for the child and that is far worse than having a visa or not. I am not an uptight guy, when it comes to adults do what ever makes you feel good, but if you decide to have a kid, act responsibly, get married.

Are all parents in your farang land married ? eeeeeeeeeer, don't think so vicar.

[Bung]

If you are going to have a baby then get married first. Children are not toys or visa tools or something you should create without planning. If you are married, have a kid, you are covered, simple. If you are not married and have a child, you are making it harder for the child and that is far worse than having a visa or not. I am not an uptight guy, when it comes to adults do what ever makes you feel good, but if you decide to have a kid, act responsibly, get married.

What about the ones who did that, did all the right things but when things went wrong ended up divorced? The ones who still take care of their kids and want to be a part of their lives?

[bigbamboo]

"Can you also please inform your readers that they must never post their passport from Thailand to any other country for any reason because there will not be any evidence in their passport to show that they exited Thailand."

Poorly worded. I suspect they are talking about not sending a passport out to get a Thai Visa.

If they actually meant what they wrote, they are over stepping their job description.

There are other reasons that someone might send a passport out of the country.

Nice of them to pass on the info, though.

must be the joke of the day

And I thought it was because a non Thai is technically supposed to be able to produce their passport to the authorities on demand or at best at short notice. Of course the wording is wrong as it is the passport, not it's bearer, that exited Thailand anyway!

[hotandhumid]

Won't this rule make the entire concept of 'getting a visa on the basis of having a Thai child' completely redundant?

If you have to be married to get one, then you'd just as easily get a visa on that basis (being married) alone. Or have I missed something?

That is my understanding as well.

Yes, you have missed something.

To get a marriage visa you must show 400k in the bank.

[chooka]

If you are going to have a baby then get married first. Children are not toys or visa tools or something you should create without planning. If you are married, have a kid, you are covered, simple. If you are not married and have a child, you are making it harder for the child and that is far worse than having a visa or not. I am not an uptight guy, when it comes to adults do what ever makes you feel good, but if you decide to have a kid, act responsibly, get married.

What absolute total rubbish and the most ridiculous statement I have ever heard. My parents never married and have been together for over 40 years. They raised 4 children in a totall normal enviroment, A FAMILY enviroment just like a lot of others who had a piece of paper laying in the bottom of a shoe box somewhere in the back shed. With my parents not possessing that piece of paper our lives were not as hard as you are suggesting. I have seen children who live in a disfunctional family and those from broken marriages and that little piece of paper did not save them.

My wife an I are not married and have a child, we live in a defacto relationship and it is not having any effect on our child, he has a loving home and two parents who are there for him 24/7 as a true family.

You have to be trolling with such a comment.

Edited February 21, 2012 by chooka

[Soupdragon]

What do they consider 'proof' ??

The birth cert ?? DNA ?? Court appointed guardianship ??

I was going to take the approach of "Well he looks like me".

This is all bad news as I was about to explore this avenue to obtain a visa to stay here with my son.

Back to the lawyer to see what other options are open I guess.

[Mario2008]

The rules for a visa have changed, not the rules for an extension of stay.

Regarding the new rules for a visa, the legality can be questioned as a father no longer can visit Thailand to see his child, unless married. That might be a violation of the rights of the child.

[chooka]

The rules for a visa have changed, not the rules for an extension of stay.

Regarding the new rules for a visa, the legality can be questioned as a father no longer can visit Thailand to see his child, unless married. That might be a violation of the rights of the child.

I agree with what you say but then Thailand can say that they are not violating the rights of the child to see his farang father because the dad can come on a tourist visa maybe twice per year. The child can see him on every 2nd school holidays but not every 2nd weekend or Saturdays. visitation/child access rights will now be squarely in the hands of Thailand.

Edited February 21, 2012 by chooka

[chris1970]

The rules for a visa have changed, not the rules for an extension of stay.

Regarding the new rules for a visa, the legality can be questioned as a father no longer can visit Thailand to see his child, unless married. That might be a violation of the rights of the child.

but if you stop your extension for any reason you wont be allowed a new visa without being married to the mother ?

you can always visit thatiland for 30 days visa exempt.

maybe there's more details missing ?

[Mario2008]

Tourism is another reason than visiting family, just as tourism is something else as working in Thailand.

[Mario2008]

The rules for a visa have changed, not the rules for an extension of stay.

Regarding the new rules for a visa, the legality can be questioned as a father no longer can visit Thailand to see his child, unless married. That might be a violation of the rights of the child.

but if you stop your extension for any reason you wont be allowed a new visa without being married to the mother ?

you can always visit thatiland for 30 days visa exempt.

maybe there's more details missing ?

You can still convert to a stay for reason of being a family memebr of a Thai.

[tenhoursaway]

I'm sorry but I would take very little from this at all.

There is no mention of the code for the Non immigrant visa though we assume it's a Non-0 visa.

This is hardly a new rule anyway, if you arn't married to the mother of the child what right should you have to get the visa anyway.

Seems like the only reason why you got the email in the first place was because some guy knocked up a girl in Pattaya and thought it would be a good way to get a visa.

Oh and to those who think it's racist go back and ask your own consulate if this would fly in your country, it wouldn't. have a kid in america to an unwed mother good luck if you think you'll get a green card.

Not true: the mother of a child with German nationality has the right to stay with the child in Germany, because it is the given right to a mother to take care of her child. Even not a language test is needed under this circumstances. When she wants to be with her child in Germany, she don't need to show money, give a proof of return, not need to be married to a German etc. And I can imagine, this is similar at other countries.

We are talking about the father not the mother.

Doen't matter. The German Aliens Act (Ausländergesetz, AuslG), Section 28 (1) talks about a foreign parent, not father or mother...

(Btw. a restriction wouldn't make sense, since it would violate our constitution)

The residence permit has to be granted to a foreign

- Spouse of a German,

- minor, unmarried child of a German,

- Parent of a minor, unmarried German to exercise the care and custody

if the German has his habitual residence in Germany.

[chooka]

I am curious here, everyone is talking about farangs dads and how they are making it more difficult for them to have access to thier kids. What about a farang woman who has a child to a Thai man? I know that there are a few in Thailand. Is she subject to the same rules and may have to abandon her baby in Thailand if she can not get the visa? Doe's she have to go through the court system to prove that she is the mother?