Visa Under Thai Child

[Judd]

I have lived here in Thailand for 5 years and my ex-wife and I had 2 kids which I now have 100% with me cause she married another guy and moved to Denmark. I have legal documentation from my lawyer saying that the kids are mine 100% and she cannot take them from me ever. My question is this. I have no idea's of ever leaving thailand and I use to get a thai wife visa before that was good for 1 year then we would have to redo it once a year. Now that I am divorced I have to go for a border run every month. I would like to know if anyone knows if I can get a visa under my kids? If I can please let me know what kind of visa it is and how much it cost and where can i go to do it. Thanks for your help.

[lopburi3]

Yes you can. The key is having the legal documentation. You will need to obtain a non immigrant (as with the wife) from a foreign Consulate (a 60 day tourist visa could also be converted) and then apply for extension of stay at an immigration exactly as you did when married. Below is the official requirements for immigration web site:

Application for further stay for a non-Thai father or mother to support children who are Thai Citizen

Required Documents

Immigration form 7 (Tor Mor 7)

A copy of passport

A 4 cm. X 6 cm. Photograph

1,900 baht application fee

Evidence indicating the parental status; birth certificate or a Judical Custody order of the child

Evidence presenting financial status:

Bank pass-book, bank statement certifying amount of money in the applicant's account, a certified documents of money transferring from oversea or evidence of income with related documents

A record of interviewing the applicant

The officials reserve the rights to examine or ask for additional documents if necessary

In most cases, the request will not be approved if the non-Thai parents sponsor an adopted child who is a Thai citizen

Note

For more information, please call 0-2213-2556

[Richard Hall]

Actually, about 2 months ago we discussed exactly that subject at Immigration on Soi Suan Plu, room no. 305 (changing visa status).

Situation: German citizen in relationship with a Thai woman still undergoing a divorce in Germany. Both just parented a mutual child here in Thailand.

The German father is on a tourist visa and so we checked the possibility to change it to a Non Immigrant O on basis of caring for a child with Thai citizenship.

Basically, we learnt that this only worked if the foreigner had EXCLUSIVE caring rights for the child means the Thai mother must give up all her rights. It is surely an ethical issue and not an easy decision for a mother. Therefore the officier strongly advised to either try to qualify for a Non Immigrant B and apply accordingly or carry out regular visa runs and keep staying here as a tourist. Actually an option in this case because the couple had either marriage in mind anyway and/or return to Germany in about half a year or so to life there. An interesting issue is certainly also that obviously a staying permit of up to a full year can be granted on a tourist visa under special circumstances. Therefore, when in doubt see your friendly Immigration Officier ideally at the headquarters and present your story and logical argumentation. No, not necessarily a matter of that mythical tea money stories always floating around but rather appropriate feedback and background. Much is at the discretion of the officier and quite a lot can not be manipulated but only convinced by nothing but the truth. Surprise. Also for me when I learnt that lesson.

Anyway, in terms of the threadstarter the caring right issue is obviously not a subject and as already indicated by lopburi there are good chances provided the paperwork is right. Thai citizenship of the kid(s), being the biological father and exclusive legal guardianship need to be proven and certainly also holding the necessary means to support.

Heaps of luck,

Richard

[lopburi3]

The extension of stay will be issued on a non immigrant visa I believe. First step is to change the 60 day tourist visa at a cost of 2,000 baht to a non immigrant type and then the one year extensions of stay can be obtained at the normal 1,900 baht TM.7 fee.

DOCUMENTS TO BE SUBMITTED IN SUPPORT OF THE APPLICATION FOR VISA STATUS ALTERATION (NON-O) TO RECEIVE ASSISTANCE FROM OR GIVE ASSITANCE TO A THAI CITIZEN OR SOMEONE WHO IS A RESIDENT IN THAILAND.

Application for Visa Status Alteration. (TM.86)

Copy of passport entries.

4 X 6 cm. Photograph.

Application fee of 2,000 baht.

I.D. card and house registration papers of the Thai national ; and for the foreign national residing in Thailand : residence certificate, foreign national registration certificate, passport, work permit, and house registration.

Document proving that the applicant is the father or mother or child, a marriage certificate or birth certificate, as the case may be.

Letter from a government office, embassy or consulate, certifying that the applicant belongs to the referred family.

A letter form The Embassy or Consulate certifying in that the applicant is single.

Remarks

The applicant must sign to certify every page of application.

The visa applicant must arrange the documents in proper order and must prepare the originals as proof.

Call 02-2873101-10 ext.2237 for details.