My 12 year old son now has to do Visa Runs. (but he is overstayed)

[easybullet3]

in case anyone didn't know, children UNDER 12 are able to overstay without any issue.

(ie: they dont need a visa).

My son (also from UK) would stay in Bangkok while I do the Tourist Visa in Laos. (mum is also NOT thai).

when we both leave the country for a holiday somewhere, (even if he has overstayed 5 or more months), they just amend his visa at the airport as we are leaving and there is no fine to pay, and immigration repeated has told me that children Under 12 are exempt.

HERE IS MY SITUATION:

My hasn't left Thailand for MANY MANY months,, and he has turned 12 recently.

so,, technically NOW he is overstaying!

- but what about all the months he was overstaying BEFORE he was 12 ?

I do Home School with him, so I can't currently get any school to get him a visa.

I will most likely register both him and me into a Thai Language school to get the ED visa for both of us.

But, I worry he may get a huge problem when we leave the country because of his MANY MANY months of overstaying.

- Will his overstay affect him being admitted back to Thailand when we return with our Ed Visas ?

Any Opinions (or knowledge from people in similar situations) will be greatly appreciated

Thank you,

[paz]

I can't speak with authority, but a distinct possibility is that Immigration counts overstay since one turns 12. Since you said "recently", that could be a short time, even less than the 40 days for the maximum fine of 20,000 Bt to be applied, and/or the three months of then announced ban.

At this time in unclear how Immigration will deal with people that overstayed. If they will go by the letter of the rules that have been announced but not made official yet, by their own judgement, or what else.

[TerryLH]

"I can't speak with authority, but a distinct possibility is that Immigration counts overstay since one turns 12."

Speculation of what you think might happen isn't really helpful.

In the past the age was more like 15 than 12. The passport would be marked as overstay at any age, but no fine.

I suggest you contact an immigration office and get an answer from them. I doubt that anyone here knows what will happen in the future for situations like yours.

[LivinLOS]

Speculation of what you think might happen isn't really helpful.

But what else do we have ?? Until immigration start a liaison office who will answer questions with authority all we have is speculation.

[ubonjoe]

You are using the wrong age for the no overstay fine cutoff. A child under the age of 15 does not pay a overstay fine but they are still on overstay.

[siampolee]

LivinLOS post # 5

But what else do we have ?? Until immigration start a liaison office who will answer questions with authority all we have is speculation.

But what else do we have ??

Until immigration start a liaison office who can, and will answer questions with authority all we have is speculation.

To the O.P. easybullet3.

Home schooling is going to be hurdle to jump as in truth you as a parent being an alien person in Thailand have no standing in society.

Indeed you are in or rather your son is in a very precarious position.

The Ed. visa option might not be acceptable once those in immigration see the past and current situation due the flexibility ''that has been introduced regarding the issuers and holders of Ed Visa's, that may well be a no go area too.

I wish you both well, please though keep us all updated as to your and your sons progress and outcome regarding the matter.

Others in the future may well benefit from your comments.

Edited July 17, 2014 by siampolee

[BudRight]

No poster here, to my knowledge, works for Thai Immigration. An actual Immigration attorney should be the best authority here if there are any.

That said, Joe's post seems to be the most useful so far.

Edited July 18, 2014 by BudRight

[Choonpon]

I would suggest a trip to the immigration office in Bangkok soonest possible (before 12 aug rule kicks in). Explain to the officer your situation and record down the name of the officer you spoke with. In case for future reference.

I wish you all the best.

[easybullet3]

Home schooling is going to be hurdle to jump as in truth you as a parent being an alien person in Thailand have no standing in society.

Indeed you are in or rather your son is in a very precarious position.

...... please though keep us all updated as to your and your sons progress and outcome regarding the matter.

Others in the future may well benefit from your comments.

Good comment.

and so far I home-schooled my son until he was 8.5 years old.

and then he wanted to go to school... (so I sent him to an international school in bkk)

- that particular school goes up to year 6 (12 years old).

(so you could say that he has 'graduated' from that school).

nothing much really appeals to me or him (for High School) in Bangkok... (as we are very much an art-based, alternative family and anti-establishment to some degree)... so the thought of putting him into a high school will be a uninspiring un-educating nightmare.

hence, back to Home school again (until I can find a better alternative).

for the moment,, I am assuming the Ed Visa is the easiest way to bridge this gap of uncertainty.

as to whether he gets blacklisted for overstaying... i will let you guys know

but some other people in this forum are saying the Cut-Off age is 15 !!

which is completely different to what some immigration officers at the airport and also one border crossing told me.. (they said it was 12).

I will find out for sure.

- if the cut off is 15, then its fine

will let you guys know either way.

PS: a father and son studying thai together in a Ed-Visa Language school hopefully seems more legit.

[easybullet3]

You are using the wrong age for the no overstay fine cutoff. A child under the age of 15 does not pay a overstay fine but they are still on overstay.

are you quite sure about the 'cut-off' age being 15 ??

- I was told MANY YEARS ago (at Ranong) and subsequently at Suvernambumi Airport that the cut off age was 12.

unless they changed it in the last few years?

is it possible for you to say exactly where you heard this? (and how sure you are of it)

(and of course,, I will try to find out from immigration also)

[ubonjoe]

It is under the age of 15. This has been discussed many times on this forum and confirmed by peoples personal experiences.

The age of 15 is when Thailand considers a person responsible for some decisions.

[SiggiCM]

Home schooling is going to be hurdle to jump as in truth you as a parent being an alien person in Thailand have no standing in society.

Indeed you are in or rather your son is in a very precarious position.

...... please though keep us all updated as to your and your sons progress and outcome regarding the matter.

Others in the future may well benefit from your comments.

Good comment.

and so far I home-schooled my son until he was 8.5 years old.

and then he wanted to go to school... (so I sent him to an international school in bkk)

- that particular school goes up to year 6 (12 years old).

(so you could say that he has 'graduated' from that school).

nothing much really appeals to me or him (for High School) in Bangkok... (as we are very much an art-based, alternative family and anti-establishment to some degree)... so the thought of putting him into a high school will be a uninspiring un-educating nightmare.

hence, back to Home school again (until I can find a better alternative).

for the moment,, I am assuming the Ed Visa is the easiest way to bridge this gap of uncertainty.

as to whether he gets blacklisted for overstaying... i will let you guys know

but some other people in this forum are saying the Cut-Off age is 15 !!

which is completely different to what some immigration officers at the airport and also one border crossing told me.. (they said it was 12).

I will find out for sure.

- if the cut off is 15, then its fine

will let you guys know either way.

PS: a father and son studying thai together in a Ed-Visa Language school hopefully seems more legit.

the age is for sure 15 years, I dont know why the people here spread rumors all the time, no fine for kids under 15 years, and when the OP is on ED Visa he can get his son on depended extension

[rendos]

Yes it is 15. I sent my daughter with her mom on visa run before when she was 14 and the immigration officer himself said she doesn't need to have a visa until just before she turns 15. I also called a visa agent recently and she said the rules have not changed, still 15.

[wayned]

It is under the age of 15. This has been discussed many times on this forum and confirmed by peoples personal experiences.

The age of 15 is when Thailand considers a person responsible for some decisions.

If and when the new proposed overstay regulations which contain being blacklisted for a period of time depending on the length of overstay are put in place it will be interesting if they will apply to children under 15 with long term overstays. In the past they were not fined as they were considered not responsible but they did overstay.

[Mario2008]

Children under 15 will still not be fined, but if they will be blacklisted is indeed another matter and unclear at this moment.

[Wat dee]

It was under 15 two weeks ago?

[Suradit69]

"I can't speak with authority, but a distinct possibility is that Immigration counts overstay since one turns 12."

Speculation of what you think might happen isn't really helpful.

In the past the age was more like 15 than 12. The passport would be marked as overstay at any age, but no fine.

I suggest you contact an immigration office and get an answer from them. I doubt that anyone here knows what will happen in the future for situations like yours.

"a distinct possibility "

"Speculation of what you think might happen isn't really helpful."

Amen.

The O/P is able to speculate without help. He's looking for fact-based guidance. If someone isn't reasonably certain regarding visa questions, rather than muddy the waters why not just leave it? Someone who does know or who has had a similar experience will come along.

[Suradit69]

I've seen several references to 14 years of age as well as 15 and a few to 12 as being the cut off age, but no one seems to produce an official statement.

Another thread on visas and overstays for children is here: http://www.thaivisa.com/forum/topic/695146-children-under-14-and-visas/

Edited July 19, 2014 by Suradit69

[Tchooptip]

No poster here, to my knowledge, works for Thai Immigration. An actual Immigration attorney should be the best authority here if there are any.

That said, Joe's post seems to be the most useful so far.

That said, Joe's post seems to be the most useful so far.

... As usual

[ubonjoe]

I've seen several references to 14 years of age as well as 15 and a few to 12 as being the cut off age, but no one seems to produce an official statement.

Another thread on visas and overstays for children is here: http://www.thaivisa.com/forum/topic/695146-children-under-14-and-visas/

You can also say 14 years old or under. That is where that number comes from. It is 15 or under.

Being 15 years old by Thai law is the first age of maturity for certain things. Then full maturity at a age 20.

[apiwan]

Can't help you with your problem.

But am curious if you home school your child.

What's your visa situation here?

Because if you work for a Company. Don't they arrange your visas for all the family?

Sent from my SM-N9005 using Thaivisa Connect Thailand mobile app

[easybullet3]

thanks for all the info guys.

the majority of people here seem to be saying that the cut-off age is 15 years old (for children requiring a visa)... and some of the posters have personal experience of this.

it makes me feel more confident. and I will certainly double check this myself with immigration.. (and I will try to remember to leave a message of the outcome in this forum).

so,, hopefully it means that only I need to study and get an ED visa.. and then my son can continue as he was... or get a dependency visa, which someone mentioned, (which I know nothing about,, but I will now find out about).

again, thanks for all the helpful comments

[TerryLH]

"...the majority of people here seem to be saying that the cut-off age is 15 years old (for children requiring a visa)... and some of the posters have personal experience of this."

I don't think that is what is being said.

They do require a visa, BUT they will not be fined for overstay. Their passports will be marked with an overstay.

In the past this was not an issue.

Will it be in the future?

Anyone who tells you that it's going to be the same is guessing. 50-50 on whether they turn out to be right, or not.

[jiean]

"...the majority of people here seem to be saying that the cut-off age is 15 years old (for children requiring a visa)... and some of the posters have personal experience of this."

I don't think that is what is being said.

They do require a visa, BUT they will not be fined for overstay. Their passports will be marked with an overstay.

In the past this was not an issue.

Will it be in the future?

Anyone who tells you that it's going to be the same is guessing. 50-50 on whether they turn out to be right, or not.

Agree....

I got my daughter a Non- O visa before those visa crack down as we travel frequently and hate to see that stamp saying " kids who are under 15 and overstay in country don't get fined " on her passport , we prefer to follow the immigration laws and stay away from trouble ....

[Arkady]

He can't be fined or criminally charged in Thailand while under 15 but refusing to admit someone under 15 for repeated overstaying more than 3 months at a time might be a different matter. The age limit only applies to penalties while in Thailand but there is no age limit for denial of entry. Deporting an unaccompanied minor might be problematic but, if accompanied by the parent, then the parent can take him back to his home country.

Immigration might feel they were doing the right thing to deny entry, so that he could get a proper education in his home country.

[kingstonkid]

Home schooling is going to be hurdle to jump as in truth you as a parent being an alien person in Thailand have no standing in society.

Indeed you are in or rather your son is in a very precarious position.

...... please though keep us all updated as to your and your sons progress and outcome regarding the matter.

Others in the future may well benefit from your comments.

Good comment.

and so far I home-schooled my son until he was 8.5 years old.

and then he wanted to go to school... (so I sent him to an international school in bkk)

- that particular school goes up to year 6 (12 years old).

(so you could say that he has 'graduated' from that school).

nothing much really appeals to me or him (for High School) in Bangkok... (as we are very much an art-based, alternative family and anti-establishment to some degree)... so the thought of putting him into a high school will be a uninspiring un-educating nightmare.

hence, back to Home school again (until I can find a better alternative).

for the moment,, I am assuming the Ed Visa is the easiest way to bridge this gap of uncertainty.

as to whether he gets blacklisted for overstaying... i will let you guys know

but some other people in this forum are saying the Cut-Off age is 15 !!

which is completely different to what some immigration officers at the airport and also one border crossing told me.. (they said it was 12).

I will find out for sure.

- if the cut off is 15, then its fine

will let you guys know either way.

PS: a father and son studying thai together in a Ed-Visa Language school hopefully seems more legit.

If you are arts thinking there is a school in Lad Krabang called college of fine arts.

It teaches everything to do with art and is really good.

The arts teachers are all recognized national artists.

it has a minor English program and as it is set for ARTs the graduates go to Arts themed colleges and universities.

To get to the school go to the Train depot and carry on from there to the end of the road. It is only a couple of minutes.

Best of luck.

[kingstonkid]

Home schooling only seems to me to be a foolish thing.

I would suggest that sending your son to a school and then supplementing the education with classes at home would be a safer thing to do.

What do home schooled kids do here for friends??

[easybullet3]

Can't help you with your problem.

But am curious if you home school your child.

What's your visa situation here?

Because if you work for a Company. Don't they arrange your visas for all the family?

To answer your question:

I do not work here at all. so there is no company to sponsor me etc... and the childs mum is european too. (so we have no affiliation to thailand, other than wanting to stay here as long as possible).

i home-schooled my son from 0 to 8.5 years old.

then he went to an international school for almost 4 years (in bangkok)

and recently (last month) he 'graduated' from that school.

now its the summer holidays.. (few months).. and my son (and me) are not keen on any of the high-schools in bangkok... so we will go back to Home-schooling until we can think of something else.

he has enough friends here in bangkok so he knows he can have 'play-dates' and hang out with his friends as much as he wants.

- seeing he is under 15, it seems I can just carry on what I have been doing... (let him overstay and not get fined).

if immigration gets more strict on kids in the future, then I will have to get him on a real visa (in the future)... but for now I will not worry about his visa.

(as for my visa status, I have been doing tourist visas with double entries, and getting 30 day extensions on each entry at bkk immigration).. I also took many longer holidays around aisa or back to europe which make my passport look globally full).

Th easiest option definitely seems to be the Ed visa for me,, and leave my son overstaying (as usual) until such time comes that they clamp down on kids too.

[mooris6]

There is a great service that can answer all the questions about Thailand immigration and visa issues. Dial 1111 on your mobile phone. Then you will get the answer you need. Why resort to a forum of many contradictions when you can make an anonymous call to this 24 hour call Center?

Sent from my iPad using Thaivisa Connect Thailand

[easybullet3]

There is a great service that can answer all the questions about Thailand immigration and visa issues. Dial 1111 on your mobile phone. Then you will get the answer you need. Why resort to a forum of many contradictions when you can make an anonymous call to this 24 hour call Center?

if you have every tried calling that 1111 Helpline number,, you will often find that they GIVE YOU COMPLETELY THE WRONG INFORMATION !!!

I used that number about 7 or 8 times in the past.. and ALMOST EVERY TIME THEY GAVE ME WRONG INFORMATION!!!!

they are completely HOPELESS!!!

they have no idea what they are doing. they call up other offices,, (putting you on hold) and they come back to you with incorrect information... really its a joke!

- Maybe some other people in this forum can agree or disagree with me about that,.

I will definitely NOT put my trust in the immigration helpline. It should be called the immigration confusion line !