Long overstay, Thai son, not official married, how to untangle the situation

[Suradit69]

A close friend of mine is somehow a hedonist.

 

 

I'm left wondering what this has to do with anything?

 

He is under 50 years old, but should manage it, to put 400kTHB into a TH-bank account.

 

 

Depending on what he intends to do to put things right, wouldn't the source of this money be of interest to Immigrations. Presumably he has not been working legally in Thailand?

Edited July 26, 2014 by Suradit69

[DerekMarshall]

He is not the legal farther of his child until he goes through the process to legitimize his parenthood.

He can get single entry non-o visas and 60 day extensions of stay to visit his child with just his name on the birth certificate. He will need the birth certificate (plus a copy) and copies of his child's house book pages.

He can get the single entry non-o visa at most nearby embassies and consulates. I can confirm Vientiane and Savannakhet will do them.

I suggest he get the single entry non-o visa before returning after paying his overstay on departure.

+ mothers ID card and house book pages.  I was asked to show those in Vientiane, birth certificate too of mother not 100% sure of that..I went with too much documentation. 

[honcho]

Jesus H, get this through your head.

 

He has a birth certificate that names him as the father, the birth certificate could have said Elvis Presley or Michael Jackson for all the Thais care.

 

He aint married, ergo he has no family.

 

To have a family by Thai law he needs to get married legally at the amphor, and be issued with the relevant paperwork, at the moment he aint married, has no paperwork so doesnt have a leg to stand on.

I have thai son, never married.... my son lives with me, in new Zealand.... my name is on his birth cert, same surname as me. they issue me 1 yr o visa anytime on the strength that I am a parent to thai child. in Thailand I have no rights.... mother has all, . but the birth cert with your name on will get you a 1 year visa, if you can get past your 4 year overstay! better leave today b4 the overstay laws kick in.... good luck

[sometimewoodworker]

Can anyone tell me of anyone being issued a one year extension at any local immigration office in Thailand, armed only with a Thai birth certificate with your name on?
 
Reason for asking I have a friend who is the father of two children (divorced from mother) the best he seems able to do is be a visa runner.

 
As he was married and named on the birth certificate, he is already the legal father, so he can get extension.

Just because your name is on the birth certificate is no grounds for an extension.
Just because you were married to the mother of the children that your name is on the birth certificate of is no grounds for an extension.

You have to have been married to the mother when the children were born and have your name is on the birth certificate to be the legal father for an extension. Though you may be the legal father of all children born to your wife, that part of Thai law I don't know.

Or you have to go through the Family court process, with the agreement of the mother, to get yourself declared the legal father for an extension.

[MANICMINER]

 

 

Can anyone tell me of anyone being issued a one year extension at any local immigration office in Thailand, armed only with a Thai birth certificate with your name on?
 
Reason for asking I have a friend who is the father of two children (divorced from mother) the best he seems able to do is be a visa runner.

 
As he was married and named on the birth certificate, he is already the legal father, so he can get extension.

Just because your name is on the birth certificate is no grounds for an extension.
Just because you were married to the mother of the children that your name is on the birth certificate of is no grounds for an extension.

You have to have been married to the mother when the children were born and have your name is on the birth certificate to be the legal father for an extension. Though you may be the legal father of all children born to your wife, that part of Thai law I don't know.

Or you have to go through the Family court process, with the agreement of the mother, to get yourself declared the legal father for an extension.

 

 

A child can be born out of wedlock, and upon marriage, he will become the legal father. divorce does not change this. A mod can correct me, if i am wrong.

[tubby johnson]

When people end up with visa problems, why do they always invent an imaginary "friend" to hide behind on Thaivisa?

Be honest and treat us with good faith. Admit your troubles without fear. Then we'll be able to respond with sincerity.

Marry her, leave the country before 12 Aug, go to Savannakhet and apply for a non-Imm O visa. Be an honest husband and father.

Sent from my GT-I9500 using Thaivisa Connect Thailand mobile app

[Mario2008]

With marriage after the birth the child is automatically legitimized and the father has joint parental rights with the mother. That stays that way upon divorce, unless otherwise is agreed in the divorce agreement.

[pjmansions]

First things first get a new bloody passport he can't do anything without it and how he has let things get this messed up is beyond me 

 

When he get's his new passport from his embassy he can take financial documents to them and if he has enough funds outside the country they can issue him proof of income certificate and also freedom to marry certificate (take this to be translated into Thai at government office)

 

if his money does not come from out of the country get the required money into a thai account now so it is in there for the required 3 months

 

when he gets passport leave the country pay the overstay and go to a Thai consulate in neighbouring country and get a double/triple entry tourist visa which will give him few months to sort hid admin out

 

Get himself legally wed at local Amphur (freedom to marry certificate needed)

 

Then start the non o visa process as soon 

 

Get it sorted pain in the arse lots of running around to do but better than living his life waiting for the knock at the door by the police 

 

[farang000999]

I have noticed that every topic about overstay so far has been created for a "friend of the OP"...

[tubby johnson]

I have noticed that every topic about overstay so far has been created for a "friend of the OP"...

Yes, it's tiresome.

What are people like the OP afraid of? We all use pseudonyms here, don't worry about your anonymity being compromised. If you expect honest answers, then post honestly.

[Living in a cartoon]

I have empathy. For the child.

 

But when his/her father is irresponsible, I am powerless to help.

 

Any farang ladies in the same predicament as the OP friend? Didn't think so.

 

Just another random fool you run across...

[paz]

I have empathy. For the child.

 

But when his/her father is irresponsible, I am powerless to help.

 

 

In which other cases you help? And how? We all would like a good laugh

[kdrayong]

This morning, my friend received a temporary passport or travel document by the German embassy. His flight departs the day after tomorrow.

 

The embassy advised him to visit Chaeng Wattana immigration by today, for obtaining the entry stamp and the departure card, by the reason that the immigration at the airport might not be able to provide him with these documents and he might miss his flight. 

 

In my opinion this would be a big mistake. The immigration might have no other opportunity than to put him in custody pending deportation.

 

According to what I read here, the immigration at Suvarnabhumi is able to handle this case and will let him fly out after he paid his fine.

Am I right?

[ubonjoe]

This morning, my friend received a temporary passport or travel document by the German embassy. His flight departs the day after tomorrow.

 

The embassy advised him to visit Chaeng Wattana immigration by today, for obtaining the entry stamp and the departure card, by the reason that the immigration at the airport might not be able to provide him with these documents and he might miss his flight. 

 

In my opinion this would be a big mistake. The immigration might have no other opportunity than to put him in custody pending deportation.

 

According to what I read here, the immigration at Suvarnabhumi is able to handle this case and will let him fly out after he paid his fine.

Am I right?

Thy can do it at the airport. The departure card is not a problem he get can one at check in for his flight and complete it before going to immigration.

If he went to immigration they tell him to go the airport or have him pay for 7 days to the leave the country so he can pay the fine.

[Meteor]

Get proper travel docs from Embassy.

Leave the country, pay the fine.

Return with valid passport and tourist visa which can be extended.

File with proper documents at Family Court to become legal guardian of son.

After 2 sessions in court, filing, hearing (bring interpreter), pick up documents.

Then run visa process based on legal guardian, various options there (semi-permanent and permanent)

Additional options:

Get legal translation German/Thai of guardian paper and validate in Embassy.

Go to Thai Foreign Ministry and validate documents.

Get Thai passport for son (needed if international travel, leaving Thailand)

Get EC passport for son.

The boy will have then all the perks for ASEAN and EC travel.

More options:

Register boy in EC country, this gives long term options for him. This can also be done without the EC passport.

It's a long administrative road, and it will cost some money, but it is worth it.

Good luck!

 

 

[kdrayong]

The story goes on 

 

My friend was denied at Suvarnabhumi immigration. He checked in, went to the immigration with the filled out departure card, ready to pay his 20 kTHB fine and leave the Kingdom.

 

BUT, with his temporary passport, they told him to see immigration division 1 first, to obtain an entry stamp.That's what the officer at the German embassy recommended before, but he did not.

 

So he changed his flight to tomorrow morning and went to the immigration in the early morning today. There, at division 1, they told him they will not process overstays more than 40 days anymore and sent him to the immigration at Sathon. (Not sure, if I understood that correct over phone)

 

Arrived there, they couldn't find his name in the records. His old passport is lost. He doesn't know the passport number, what would be required. He will have to apply for a new temporary passport or travel document tomorrow (obtained the same day), since the one he is carrying will expire now. Changed the flight again to Thursday. This Wednesday, he has to go to this immigration. He was told to be arraigned, put in custody pending deportation and will be sent to the airport the next morning. Hopefully!

 

The officer there said, that the fine will be 14,000 THB. He wrote the figures down and asked again. She confirmed.

 

He mentioned, that all the immigration officers were very polite and helpful. However the lady at the immigration said, that this is the law and the only way for him. 

 

Just hope, that he will be ever allowed to come to Thailand again and see his family.

 

[Unknown33]

So... How did thing go at the end!? Would like to hear the ending of the story, as there's more people out there in the same situation! ;)

[bertty]

Maybe the friend got locked up and now the OP isn't able to inform us of what is going on.

[kdrayong]

Maybe the friend got locked up and now the OP isn't able to inform us of what is going on.

 

 

Now for the interested ones:

 

As I reported, at Sathon(?) immigration, he was told to apply for a new temporary travel document, change his flight booking and show up there in the early morning, the day before his flight departed.

 

At the German embassy, he first was refused to obtain a 2nd temporary passport - usually it's not allowed. But after he particularized his situation, he was obtained with a 2nd one. Stayed in BKK over night and showed up with his luggage, travel document and air ticket at the immigration. They checked the documents and asked him to be back after the lunch break, what he did. They drove him to the court, where the judge was one of the immigration officers. Only 14.000 THB fined, he called me standing in front of the court building, waiting for a (prison) car. He didn't know if he will be blacklisted or not. Just signed numerous Thai documents, what he is not able to read. They told him to charge for 3000 THB for the transportation to the airport.

 

Next day, he sent a SMS after he passed the airport immigration in the early morning. He stayed in the 'dungeons' of the airport over night, after some detention in the late afternoon at the immigration, the day before.

 

These are my latest news from him. I guess, it will take some time, until he receives a new ID-card or certificate of residence, what will be necessary to obtain a SIM-Card in Germany.

 

I'll keep you informed as soon as I have more news.

[Maestro]

Thank you for the update, kdrayong.