Hi

I have lived and worked here for 14 years with a B1 visa and work permit. I was married or 10 years to a Thai lady but am now happily divorced. I have sole custody of our two kids - living with me and being brought up by me. Both of my kids were born here and have both Thai and UK birth certificates and passports.

Obviously there is no issue with my remaining on the current B1 visa for the time being but I always worry what would happen if I were made redundant and if I had any downtime between finding a new job, what would my legal rights be to remain in the country while not employed, so as to raises scare for my kids.

Rather than having to leave the country and come back in ridiculously as a "tourist", is there any alternative visa that you think I should apply for which would give me the chance to remain here as father and sole custodian to two Thai kids.

While I don't need to change immediately as am in very safe employment , I would obviously rather change my visa status sooner than later if there is a more suitable/preferable visa for my personal circumstances..

Any advice you could give would be greatly appreciated.

Sorry - just realised I forgot to add that it is not specifically a visa but I am on an extension of stay.

If you are the legal Father you can get 12 Month extensions of stay based on having Thai kids.

400,000 Baht needed in the bank for this option. Or a monthly salary of 40,000 Baht.

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.

What is a B1 visa, I know the B and O and OA, but not a B1?

Do you have 400,000baht in the bank to get an extension based on looking after a Thai child?

Yes I have,as well as having monthly income well over 40k.. So are you suggesting I should change my extension of stay to be based on caring for family?

Ok. Apologies. I have just checked my passport and I have a non-IMM O visa with extension of stay. And a work permit.

your extension of stay based on marriage expired when you got divorced, you could find yourself on overstay.

Nope. As I obviously did not make clear, I have never had an extension of stay based on marriage, only on the fact that I have a work permit.

So you went with all the company papers to get your extension?

I would keep the extension based on work for now, and when or if the time came then go to Immigration and get it changed to looking after the kids, normally they give you a 7 day extension in which you are meant to leave, but if you have all the paperwork ready then okay.

As said no need to change anything now. If the worst happens you can immediately obtain a 60 day extension to visit children and extend under above with money in account later if not immediately available for new one year extension.

Do you have 400,000baht in the bank to get an extension based on looking after a Thai child?

Yes you do, but it only needs to be in the bank on the day you apply (no seasoning required).

Edited February 3, 201313 yr by TommoPhysicist

Do you have 400,000baht in the bank to get an extension based on looking after a Thai child?

Yes you do, but it only needs to be in the bank on the day you apply (no seasoning required).

This was a direct question to the OP, not a general one as I know the rules.

You should go to your immigration office before you need to do the extension to check on what they require for the extension.

You state you have custody of children. Some immigration offices do not recognize custody granted at the Amphoe during the divorce process and insist on it being a court issued custody.

If you were not married when the children were born then that could also be a problem.

You can get the extension using your income by showing tax payments for the previous 3 months (or possibly less at some offices) when making the application.

Edited February 4, 201313 yr by ubonjoe