Immigration Status For A Infant Born Here In Thailand

[gemguy]

My baby boy was born on Oct. 2nd 2012 in Thailand having a Thai birth certificate issued to him from the hospital and he is now 7 1/2 months old

The Father is Canadian on a Canadian passport and on a 1 year retirement Visa

The Mother is Filipina and here on a work contract so she has a Non immigrant B visa for 1 year at a time and a work permit with the company she works for.

The Baby now has Canadian Citizenship and a Canadian Passport valid for 2 years, dated from March 2013

Recently we travelled with the infant to the Philippines for 2 weeks starting on April 9th 2013 and retuned on the 23 rd of April 2013.

Both the Fathers visa and the Mothers visa are multiple entry.

Before leaving I spoke with Thai Immigration ( Hot Line #1111 )and asked them what will be the status of the infant when we return back to Thailand.

I was told by one of the immigration officers ( spoke very good English ) the infant can return back to Thailand on a 30 day tourist Visa on arrival,at the airport and then apply for a 90 day non immigrant Visa and then apply for a 1 year non immigrant Visa.

I was told the infants immigration status can be attached to the Fathers retirement Visa or to the Mothers visa status..either way.

I was told the cost would be 2000 baht for the 90 day Visa and then 1000 baht for the 1 year visa

That is what I was told.

When we arrived back at the Thai immigration at the airport they issued the infant a 30 day toursit visa.

Later I contacted my immigration contact, who always arranges my 1 year retirement Visa and asked him if he could perform the required paper work and secure the 90 day visa and then the 1 year visa for the infant.

He can do that.

When he went to the immigration offices he called me from the immigration offices and informed me, for him to perform all that I need for the infant would cost 8000 baht for His service( it is not about the money )

OR..the Father and Mother can come to the immigration office themselves with the infant and perform everything themselves and he will assists us...but the immigration officer is telling him that if the child is attached to the Mothers visa status or to the Fathers visa status then 400,000 baht in a bank account is required.. similar to when you get a retirement visa and it requires you show minimum 800,000 baht in a bank account.

So then I asked my Visa man to ask the immigration officers ( whom he works with for many, many years ) what will happen if the child (overstays) the 30 day tourist visa???

Will he be charged or will the Father or the Mother or both parties be charged the 500 baht a day over stay penalty?? ...Yes or No ??

He asked them and he told me the immigration official(s) said NO......because he is a infant and infants under 14 years old or infants born in Thailand but not to Thai citizens are still given special considerations

I then asked him what will happen when the 30 day tourist visa ends and the infant overstays and lets say 6 months from now or 16 months from now the Father or Mother or both parents are exiting Thailand with the infant child and the immigration officials see that the child has overstayed his 30 day visa by 6 months or say 16 months.... or longer.

What will happen??

He asked them again, while I waited on the phone and they told him ...NOTHING will happen!

I said are you sure and he told me..Not to worry ..No Problem...and..no need to obtain and or pay for a 90 day non immigrant visa or the 1 year non immigrant visa

So the point to all this is: Does anyone out there know what is the immigration status ofthe infant as explained and understood above???

[ThaidDown]

Overstay charges are not levied on minors under the age of 14 (or is it 15), when you depart any overstay may be recorded in the minors passport but that is all.

Having this stamp will not cause any problems in the future.

[TexasRanger]

Wow, can't believe I tried to read that.

[Mario2008]

A child can be a dependent of the father or mother, if that parent is on an extension of stay from immigration. Cost would be 2,000 baht to convert to a non-immigrant visa and the child will get a 90 day stay. After about60 days the child returns to immigration and pays 1,900 baht for an extension matiching that of the parent and can get yealry extensions of stay same as the parent he is a dependent of.

For children under 15 years of age there is no overstay fine. Immigration advices sometimes to just overstay. But certainly keeping the child legal is the best option, as you never know when the rules will change. Certainly when the child goes to school, it will be be better to have an official staus and not be on overstay.

[ubonjoe]

Had a bit of problem reading your post. It appears that a lot formatting codes are shown.

Do you both have visas or extensions of stay from immigration? If visa then the child will need to get a visa to equal yours at a embassy or consulate.

If extension of stay the child can get an extension of stay based upon the fathers extension as his dependent. There is not a requirement for financial proof for this.

Immigration normally does not issue non immigrant visas for dependent extensions (2000 baht) so you would have to get a single entry non-o visa for them from any nearby embassy or consulate.

[lopburi3]

What exactly do you and wife have? Visas are issued by Consulates outside Thailand - or do you have one year extensions of stay from immigration inside Thailand and not have to leave country? That is the key to extension for child and there is no financial requirement for a child under age 20. Only if parent is here on basis of the child attending school is there a financial requirement (for parents extension).

[gemguy]

What exactly do you and wife have? Visas are issued by Consulates outside Thailand - or do you have one year extensions of stay from immigration inside Thailand and not have to leave country? That is the key to extension for child and there is no financial requirement for a child under age 20. Only if parent is here on basis of the child attending school is there a financial requirement (for parents extension).

Yes we have visas issued to both parents from inside Thailand

[lopburi3]

Those are not visas - they are extensions of stay and if multi entry as you stated you also obtained re-entry permits. Very different rules apply for extensions than for visas so important to get that right.

As said there is no pressing reason to obtain extension for child at this time (although school might require when gets to that age) and currently no fine involved (but on any exit there may be a trip to overstay desk for stamp).

But immigration should provide one year extension of stay if he has a non immigrant O visa entry (not all will provide the visa entry) and there is no requirement for financial account for this extension (section 2.20 of police order 777/2551).

[gemguy]

Had a bit of problem reading your post. It appears that a lot formatting codes are shown.

Do you both have visas or extensions of stay from immigration? If visa then the child will need to get a visa to equal yours at a embassy or consulate.

If extension of stay the child can get an extension of stay based upon the fathers extension as his dependent. There is not a requirement for financial proof for this.

Immigration normally does not issue non immigrant visas for dependent extensions (2000 baht) so you would have to get a single entry non-o visa for them from any nearby embassy or consulate.

Ok..I understand

I guess I will get him the proper status , sooner or later just in case...but when you hear the immigration officials themselves telling you...NO problems then your decisions tend to be persuaded somewhat.

I guess I can get him the offical status later as they all tell me: Get it later if you want...no worry for now.

I was curious to know if anyone else had a similar situation and when they went to exit Thailand the immigration officials made an issue out of the overstay issue and "someone has to pay"

** I learned that when coming into Thailand with a baby you get somewhat special status while all the female immigration officials go all weak at the knees over the baby and they want to hold him and hug him and kiss him and take pictures with him and .....hmmm...the baby is user friendly and beneficial at airports and immigration control.