Guardian visa (Non-Immigrant O Visa)

[BigOm19]

Hello,

Neither myself nor my child are Thai nationals. Nor other parent who does not live in Thailand. We're currently on tourist visas, have to be back to our home country soon and will apply for a student visa for my child. (I understand you can apply for a student visa while you're in Thailand but we have to be home on other matters anyway.) My child starts university here later in the year. There are personal issues for my being in Bangkok with my child. (I did a search on Guardian Visa on the forum but posts are several years old.)

http://gam-legalalliance.com/non-immigrant-o-guardian-visa/

Is there any way around the 500,000 THB in the bank?

1. Such as living in property in Bangkok legally owned by grandparents of my child/my parents (non-Thais)?

2. Proof of monthly income in a UK bank of over 40,000 THB?

Advice appreciated from anyone who's been through the visa process recently. Thank you in advance.

Edited May 5, 2014 by BigOm19

[soundman]

Moved to Visa forum for best advice.

Moved.

[ubonjoe]

There are two ways you can do it.

After your child is enrolled in the university and you have a non-o visa you can obtain the extension of stay as their parent but you must have the 500k baht in the bank for 30 days for the first application (90 days after the 1st). There are no other options other than the 500k baht in the bank.

Or you could possibly obtain a multiple entry non-o visa that would give 90 day entries for a year. You would have to leave the country every 90 days to get a new entry. You would need to apply for this visa in your home country because most locations within the region will not issue them

[BigOm19]

Thanks so much for your lightning response, ubonjoe. You've also answered other posts of mine before with the same succinct thoroughness. Grateful!

[Arkady]

I think something on the link cited by the OP may not be correct.

"The Guardian visa is for the parent of Thai child or the parent/s or legal guardian of a foreign child who is studying in Thailand. Minor child in Thai law is one who is 20 years old and below."

My understanding is that age of majority in Thailand is 20, not 21, in which case the definition would be 'Minor child in Thai law is one who is 19 years old and below.'

That would leave only a limited window to obtain a guardian visa in respect of a university student.

[BigOm19]

Thanks for the response, Arkady. Yes, a small window, my child is already 18.

Just got this response from a consultant of the legal site link in my original post, dated 6 May 2014:

Dear .........,

Thank you for contacting us.

We regret to inform you that there is no way to circumvent the THB500K requirement.

Please, feel free to contact us whether you have any other additional requirement.

Thank you.

Best regards,

Valentin Declercq

Managing Director (Consultant)

[ubonjoe]

I think something on the link cited by the OP may not be correct.

"The Guardian visa is for the parent of Thai child or the parent/s or legal guardian of a foreign child who is studying in Thailand. Minor child in Thai law is one who is 20 years old and below."

My understanding is that age of majority in Thailand is 20, not 21, in which case the definition would be 'Minor child in Thai law is one who is 19 years old and below.'

That would leave only a limited window to obtain a guardian visa in respect of a university student.

I didn't read the link thoroughly because it is a commercial website I immediately assumed it could be wrong and also because it calls extensions visas

I went to police order 777/2551 clause 2.11. For parents of a child attending school there is no age limit it is only for for children of parents attending a school.

2.11 In the case of being a family member of an alien who has been permitted a temporary stay in the Kingdom for enrollment in an educational institution according to Clauses 2.8 or 2.9 hereof (applicable only to parents, spouse, children, adopted children, or spouse’s children): Each permission shall be granted for no more than one year.

(1) The alien must have been granted a non-immigrant visa (NON-IM).

(2) The alien must have proof of relationship.

(3) In the case of spouse, the relationship must be de jure and de facto; or

(4) In the case of children, adopted children, or spouse’s children, said children, adopted children, and spouse’s children must not be married, must live with the alien as part of the family, and must not be over 20 years of age; or

(5) In the case of parents, funds must be deposited in a bank in Thailand, under the father’s or the mother’s name, of no less than Baht 500,000 for the past three months. For the first year only, the applicant must have proof of a deposit account in which said amount of funds has been maintained for no less than 30 days prior to the filing date.

[Mario2008]

The rule doesn't mention an age limit, but you can asume that with child they mean a minor, in other words someone who is not yet 20 (or married). An adult does not need a guardian, a minor does.

[ubonjoe]

The rule doesn't mention an age limit, but you can asume that with child they mean a minor, in other words someone who is not yet 20 (or married). An adult does not need a guardian, a minor does.

No where is it It called a guardian extension or a visa.it is a dependent extension/visa.. That is just a misnomer for it.

It meant to be the way it is so that a parent can be with their child. They expect the parent to support themselves that is why the put the financial requirements in the clause.

[Mario2008]

That is not logical, as a child can not be a dependent anymore of his parent once he turns 20. So why should a parent be able to be a dependent of a child once the child turns 20?

[ubonjoe]

That is not logical, as a child can not be a dependent anymore of his parent once he turns 20. So why should a parent be able to be a dependent of a child once the child turns 20?

By 20 they expect that the child could obtain their own extension.

Probably calling it a dependent extension like the otters is not exactly correct. Perhaps it would be best to it can call it an extension for a family member like the clause has written in it.

Anyway it is clear that the age limit does not not apply for a parent.