Getting an O visa extension for support of a Thai son

[simon43]

How easy is it to get a 1-year visa extension based on support of your Thai child, and then to apply for a WP?

I need to break down this question into specifics:

I will be studying Chinese on an ED visa for 90 days, but after that, I intend to apply for a WP as manager of my new guesthouse in Phuket.

My original intention was to apply for a B visa (with new company documents, WP3 etc), and then to complete the WP process in Phuket.

However, it occurs to me that it might be easier to apply for an O visa extension for support of my Thai son, and then to apply for the WP.

But my situation is a little unusual. My Thai son was born whilst I was legally married to her mother, and I am named as father on the birth certificate. But we divorced a couple of years after his birth and I do not have custody of my son (long story involving the words 'bat mother as mad a').

I financially support my son (school fees, clothes etc), but he goes to a private school in Bangkok and is currently looked after by his aunt. I am not keen to remove him from that school right now to come and live with me because he is making very good progress and there is only a small choice of alternative schooling in Phuket. He may relocate to Phuket in the future if schooling is available.

He is now 8 years old.

I should add that I am on good terms with my ex-wife

Can I apply for an O visa extension to look after my son if I am divorced from his mother?

Does my son have to physically live with me in order to obtain this visa extension?

Does Phuket Immigration have a good track record of providing O visa extensions to support as child?

[richard10365]

I don't think supporting a child is an option for a visa in Thailand. I could be wrong though. Some of the other TV folks might know.

[RayHaas]

You can get a Visa based on supporting a child. However you must have proof that you are the father by birth. Normally you get this right when you where married when you became the father or go to court and get the rights.

As far as I know you can get a wp on that visa. Maybe ask in the Lawyer forum

[ubonjoe]

Getting the extension based upon having a Thai child at many immigration office will require the child to live with you. Not sure about Phuket.

Getting a work permit might also be a problem in Phuket might also be problem with a non-o visa or extension might not be possible.

You need to check with both offices.

Not having at least joint custody of your child also creates problems.

[Jackie66]

How would you prove the child is living with you, specially if it is to young to confirm this him/herself?

For example the child is registered in the blue book at his mother's home but lives with you in a rented condo?

Edited May 28, 2014 by Jackie66

[ubonjoe]

How would you prove the child is living with you, specially if it is to young to confirm this him/herself?

For example the child is registered in the blue book at his mother's home but lives with you in a rented condo?

Photos together in and around the house.

Requirement for child to go with you to immigration for the application.

House visit by immigration for first extension application..

[pete66]

I have this same issue. The mother got custody during the divorce. When I applied for the visa and the immigration officer saw that I wasn't the legal custodian, I was "shown the door" immediately. The immigration officer didn't even look at all the other documents showing that I had paid for (and continue to pay for) education, housing, food etc.

So get joint custody first else unless you get really lucky you will be wasting your time. Good luck!

btw, what is the current amount needed in Thai bank account for this type of visa? ( I ask because after several years my ex-wife (who is hardly ever around and leaves her daughter to take care of my son) has been persuaded to "sign anything" that will help get me a visa to take care of my son. )

Edited May 28, 2014 by pete66

[ubonjoe]

I have this same issue. The mother got custody during the divorce. When I applied for the visa and the immigration officer saw that I wasn't the legal custodian, I was "shown the door" immediately. The immigration officer didn't even look at all the other documents showing that I had paid for (and continue to pay for) education, housing, food etc.

So get joint custody first else unless you get really lucky you will be wasting your time. Good luck!

btw, what is the current amount needed in Thai bank account for this type of visa? ( I ask because after several years my ex-wife (who is hardly ever around and leaves her daughter to take care of my son) has been persuaded to "sign anything" that will help get me a visa to take care of my son. )

An extension of stay (it is not a visa) based upon having a Thai child requires 400k baht in a Thai bank or 40k baht income.

[PlastikbinLina]

Getting the extension based upon having a Thai child at many immigration office will require the child to live with you. Not sure about Phuket.

Getting a work permit might also be a problem in Phuket might also be problem with a non-o visa or extension might not be possible.

You need to check with both offices.

Not having at least joint custody of your child also creates problems.

In Phuket, it is possible for a foreigner to get a 'dependent' extension, provided he has an O visa (without financial obligation i.e. 400,000 baht in the bank) and proof of his relationship (birth certificate) but he must have sole custody of the Thai child. That can be arranged with an agreement between the parents.

Whether the child lives with the mother or father is not a consideration as far as I know and I have not read or heard of any objection for the father to get employment to support the child.

If a foreigner wants to be the custodian of a foreign child he/she must have 500,000 baht in the bank (for one month first application, and three months on subsequent applications. Only one foreign parent of a couple can be a custodian of a child e.g. husband working ('B' visa) and mother with 'Dependent' extension'.

[cosmont]

How would you prove the child is living with you, specially if it is to young to confirm this him/herself?

For example the child is registered in the blue book at his mother's home but lives with you in a rented condo?

Photos together in and around the house.

Requirement for child to go with you to immigration for the application.

House visit by immigration for first extension application..

I applied this Visa extension last year in Bangkok for the first time.

They did not care much the pictures at home. They also did not visited my house.

I bring my child for the application. Seems important that kid was going to school, have to show school certificate.

I share custody of the child, mean she doesn't live full time with me and I am divorced from the Thai mother.

I made a large report of the application here :

http://www.thaivisa.com/forum/topic/647453-non-immigrant-visa-o-divorced-but-have-child-update/#entry6518823

Not sure Phuket immigration will follow the same rules but as you married the mother even for a short time, you are legally the father and could be grant the 0 Visa.

Please report your experience here.

Good luck.

[ubonjoe]

Getting the extension based upon having a Thai child at many immigration office will require the child to live with you. Not sure about Phuket.

Getting a work permit might also be a problem in Phuket might also be problem with a non-o visa or extension might not be possible.

You need to check with both offices.

Not having at least joint custody of your child also creates problems.

In Phuket, it is possible for a foreigner to get a 'dependent' extension, provided he has an O visa (without financial obligation i.e. 400,000 baht in the bank) and proof of his relationship (birth certificate) but he must have sole custody of the Thai child. That can be arranged with an agreement between the parents.

Whether the child lives with the mother or father is not a consideration as far as I know and I have not read or heard of any objection for the father to get employment to support the child.

If a foreigner wants to be the custodian of a foreign child he/she must have 500,000 baht in the bank (for one month first application, and three months on subsequent applications. Only one foreign parent of a couple can be a custodian of a child e.g. husband working ('B' visa) and mother with 'Dependent' extension'.

You are writing about something completely different from the current discussion. We are discussing and extension of stay for the father of Thai child.

The 500k baht you mention is for a parent to get an extension based upon their child having an extension for attending school. These will not be done if the child is Thai.