Visa for disabled daughter

[Mike3456]

My wife and I have recently retired to Thailand and both hold OA visas . We have an adult daughter who has a mental disability and is dependent upon us. We have been able to obtain a 90 day non O visa (issued on the basis of visiting family) for her which will expire in December. However we are concerned that we may not be able to obtain extensions for her to stay with us which would necessitate us all having to return home which we do not want to do as we are all very happy here. If possible we would like to avoid the need for visa runs etc. We also have additional funds available to demonstrate financial support for her if necessary. Any advice on what options are available to us would be greatly appreciated. Thanks

[ubonjoe]

The rules for dependent extensions state that children must be under 20 years old to get the extension. Perhaps with documents from a doctor confirming her disability immigration could give a special waiver of the age requirement. There is a clause in the police order that allows them to do things like that. Edit: This from police order 777/2551.

5. In the case where an alien applicant does not meet the full qualifications stipulated by the criteria herein or in other cases not specified in this Order but a competent officer equivalent to or higher than inspector is of the opinion that the alien has legitimate reason for staying in the Kingdom of Thailand, the application shall be forwarded to the Commander of the Royal Thai Police Bureau or an authorized competent officer for further consideration of the alienâs application

[lopburi3]

That would be best as could be 12 month extensions but if not available suspect a doctors visit every 3 months would likely allow continuous extensions for medical reasons (your care).

[JLCrab]

In any petition as described above the doctor might pay attention to the provision in the Immigration Act at Section 12-4. that prohibits entry into the Kingdom for anyone who is 'mentally unstable' and that the petition is for someone who has a demonstrated history of stability in the proper environment and with the proper care.

[ubonjoe]

In any petition as described above the doctor might pay attention to the provision in the Immigration Act at Section 12-4. that prohibits entry into the Kingdom for anyone who is 'mentally unstable' and that the petition is for someone who has a demonstrated history of stability in the proper environment and with the proper care.

OP stated that their daughter is mentally disabled not unstable.

[Mike3456]

Thanks for the information. We had a similar situation when we were residing in the Middle East where she was granted a visa on the basis of a medical report from a qualified doctor. btw she is autistic with a mild intellectual disability and is in no way "mentally unstable" however she is unable to live independently.

Any ideas on the best way to progress this? I am not sure whether we should go and see the immigration authorities first or see a doctor or do this though a lawyer? Thanks

[ubonjoe]

I suggest you go to immigration first to find out what they would want. They might want their own doctor to do the evaluation. Unless your Thai is good I would take somebody with you to do some translating.

[JLCrab]

The OP indeed describes the condition as a mentally disability but, if that disability were e.g. Down's Syndrome or Autistism, instability would be a possible factor.

My apologies-- I did not see #6 above. I only mentioned that point as the Immigration Act specifically is concerned with instability and that factor should be addressed in any petition.

[Benmart]

Good luck and best wishes to you and your family.

[F4UCorsair]

I'm not being critical, but I have to ask if you thought this through before making the move. I'm sure some countries would reject such an application, and Australia recently did (a German doctor on 5 year work visa who applied for

residency) on the grounds that the child could

become an imposition on the state when parents die.

What is your plan for her when you die in Thailand? I'm guessing care for the disabled isn't what it is 'back home'.

Good luck in your endeavor and I hope it's resolved satisfactorily.

[Joe Mamma]

Is the hot weather, humidity, noise and strange language a factor of keeping a calm and stable environment. Stimulation should be controlled and contained.

[samran]

Thanks for the information. We had a similar situation when we were residing in the Middle East where she was granted a visa on the basis of a medical report from a qualified doctor. btw she is autistic with a mild intellectual disability and is in no way "mentally unstable" however she is unable to live independently.

Any ideas on the best way to progress this? I am not sure whether we should go and see the immigration authorities first or see a doctor or do this though a lawyer? Thanks

Don't worry about the fear of rejection based on your daughters challenges. We've got friends here who have children with quite bad brain damage, others who's kids who have had down's and others who were autistic. Granted they were off the back of their parents work visa's etc, but challenges such as these aren't really issues that Thai immigration concerns itself with.

As others have said, best to push on with seeing how you can get a waiver for the under 20 dependent rule. All the best.

[samran]

OP, you may want to also contact these guys,

http://www.atocbkk.com/index.php

http://www.atocbkk.com/autistic.php

they may be able to provide some guidance.

[Mike3456]

Thanks to everyone for their advice and kind support. Looks like the best option is to pursue the option of getting a waiver of the under dependent 20 rule and we will make a trip to immigration to find out what they require (with a good Thai interpreter!)

[ubonjoe]

Good

Please keep us updated on how it goes.