Annual extensions based on natural Thai child of over 20 years old

[GarryP]

Currently I extend my visa based on being married to a Thai and have been doing so for many years. Instead of showing money in the bank each year, my income requirements are fulfilled by the salary from my job in Thailand for which I have a work permit. My natural son is a Thai citizen and is 25 years old. If anything were to happen to my wife, would I be eligible to extend my visa based on my son. I have read the latest posts/threads and it seems possible but it is not at all clear. What are the requirements?

[Mario2008]

It should not be a problem to stay based on your child, with the same income/money in the bank as with a Thai wife.

Under the new rules an income or money in the bank might not be necessary at all if you are over 50 years old.

[Suradit69]

Clause 2.18 That is for extension based upon marriage to a Thai or being the parent of a Thai child. The following has been added to (5) which the criteria for being a parent.

"In case the father or mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over."

Apparently you have to be over 50.

"Request to be under maintenance of children" is pretty vague but it could mean that some evidence would be required to prove you are living as a dependent in your son's home and that he is providing you with financial support or acting as a care giver. Hard to tell what evidence you'd need to provide proof that "maintenance" is being provided, but it's probably more than just having a Thai child somewhere in Thailand who you occasionally visit.

[ATF]

As Mario said you can get a visa based on your child supporting you. But looking at the figures you must be very close to or over 50 already and you would be entitled to a Retirement Visa.

[GarryP]

Thanks for all the replies. I am 51 years old, but do not wish to go for the retirement visa as I am working. I wondered whether it would be possible to simply replace my wife with my son, and continue to extend annually using my salary as the basis for funds.

I realise that I could change over to the one stop service and extend my visa based on work, but I do not like that option as once I stop working I must leave the country and get a new visa. With my extensions being based on marriage to a Thai, once I stop work I simply change over to money in the bank and do not need to leave the country. I was hoping to be able to do the same but with my son replacing my wife.

Perhaps I am missing something.

[ubonjoe]

You would have to get divorced to change the reason for your extension to being the parent of a Thai. Those are only meant to be for a single parent.

I think you would have to be destitute in order for you qualify under the 50 or over option and your child will need to prove they are able to support you.

[Mario2008]

Going for an extension based on your child has now two options:

1. you support your child and the smame income requirement is in place or you need the same ammount in the bank.

2. As 50years or older you will be a dependent of your Thai child without any financial requirements. But in that case you will not be allowed to work.

[GarryP]

Going for an extension based on your child has now two options:

1. you support your child and the smame income requirement is in place or you need the same ammount in the bank.

2. As 50years or older you will be a dependent of your Thai child without any financial requirements. But in that case you will not be allowed to work.

Would 1. be applicable as my son is 25 years old.

[Mario2008]

There is no age limit.

[GarryP]

You would have to get divorced to change the reason for your extension to being the parent of a Thai. Those are only meant to be for a single parent.

I think you would have to be destitute in order for you qualify under the 50 or over option and your child will need to prove they are able to support you.

I would not be getting a divorce, but I would no longer be married, i.e. become a widower. So as a single parent I would still qualify.

[ubonjoe]

Your child's age does not matter if you are applying as the parent of a Thai in 1 of Mario's post.

I was using divorce as an example it would be the the same if your wife died.

[simon43]

2. As 50years or older you will be a dependent of your Thai child without any financial requirements. But in that case you will not be allowed to work.

Is this a practical option for myself ==> 55 years old, now divorced but with 8 year old Thai son born during legal marriage.

What documents would be required to obtain this visa? I find it hard to believe that Phuket Immigration would grant me a visa based on the above - that my 8 year old son supports me!

Where is the clause that forbids working under this visa option?

[Mario2008]

The actual implication will start on August 29th, how immigration will interpeted will not be clear until than.

The rules don't literly state that you cannot work, but that is an automatic consequence of being a dependent. For depends in other categories the the same goes.

Edit: see also http://www.thaivisa.com/forum/topic/750893-visa-visa-extensions-based-on-thai-child/#entry8234269

[ubonjoe]

2. As 50years or older you will be a dependent of your Thai child without any financial requirements. But in that case you will not be allowed to work.

Is this a practical option for myself ==> 55 years old, now divorced but with 8 year old Thai son born during legal marriage.

What documents would be required to obtain this visa? I find it hard to believe that Phuket Immigration would grant me a visa based on the above - that my 8 year old son supports me!

Where is the clause that forbids working under this visa option?

As said already there is not enough info about that new line in the clause.

But to be maintained by your child indicates to me that your child would have to be able to support you. I don't think an 8 year old would be able to do that.

[touch]

I just had a conversation with an official at 1111 call center.

She insisted that for to get a Thai child extension the child could not be over 20 years old. Not even 20 + 1 day.

I asked her where that was mentioned in the text and she said that it was according to 2.18 subsection 4. I did point out that that wasn't for a Thai child extension and that one had to use sub 4 OR sub 5 where sub 5 is extension based on being parent to a Thai child.

She insisted that the child could not be over 20 years of age and that I could ask at my local Immigration office if I wanted further clarification.

Also, on the matter of what is needed in order to be "taken care of" by one's Thai child, she said that they didn't know what documents where needed. She suggested that the child might have to be working..

Does anyone have any recent input from any Immigration Office?

[ubonjoe]

She apparently had no real knowledge and was simply misreading the clause.

(4) is clearly for children getting extensions for being related to a Thai.

(5) is for parents of a Thai.

[touch]

Thing is, what can one do when they obviously don't know what they are talking about?

The reason I called them is that my local Immigration Office also won't accept being parent to a Thai child if said child is over 20 years of age

[touch]

Actually, that was a serious question, What Can you do when they are misinterpreting the regulation?

[ubonjoe]

All you can do is try to take it to a higher level. I am not sure 1111 is the best number to call.

Perhaps try to get the number for the division headquarters for where you live and contact them.

[GarryP]

Any further news on this? Hopefully, by now someone will have attempted to obtain an extension on these new grounds. Next year I will no longer be able to extend based on my wife, as she has recently passed away, so am considering this option rather than switching to an extension based purely on work. I currently have a class B visa, but have always extended based on marriage, so, if possible hope to switch my wife with my son. I can't believe I am the only one looking into this option.

[Mario2008]

My condolences.

I have not seen any reports regarding the new rule as of yet and would also like to learn more about this.

[samran]

My condolences Garry.

You've been around a while. Perhaps PR might be another route? One off payment I know, but after that you are free and clear.

[GarryP]

Any developments on this new category. Surely someone must have tried at CW by now.

[Mario2008]

Have not seen any reports.

[ubonjoe]

You would be applying under a clause that has been in the police order since 2008. The change this year is adding a line for a parent that is 50 for over to be supported by their child.

You would be showing your income from working not being supported by your child.

I think you are getting close to when you can apply for an extension. I think you should prepare all the required documents and apply for the extension as early as you can.

Perhaps even attach a copy of clause 2.18 in Thai and English highlighting (5) and mention that clause in the reason for your extension on the TM7 form.

As has been said already there is not age limit for your child for (5).

[GarryP]

Have not seen any reports.

Thanks. I'll check with CW in January when I do my next 90 day report.

[PJcm]

Going for an extension based on your child has now two options:

1. you support your child and the smame income requirement is in place or you need the same ammount in the bank.

2. As 50years or older you will be a dependent of your Thai child without any financial requirements. But in that case you will not be allowed to work.

Would 1. be applicable as my son is 25 years old.

My Wife passed away in 2000, she was Thai and we have two children from that marriage age 25 and 18, I have been renewing my extension of stay annually with no problem and showing them my monthly income I am now 65.

[GarryP]

Going for an extension based on your child has now two options:

1. you support your child and the smame income requirement is in place or you need the same ammount in the bank.

2. As 50years or older you will be a dependent of your Thai child without any financial requirements. But in that case you will not be allowed to work.

Would 1. be applicable as my son is 25 years old.

My Wife passed away in 2000, she was Thai and we have two children from that marriage age 25 and 18, I have been renewing my extension of stay annually with no problem and showing them my monthly income I am now 65.

Sorry about your loss. Do you renew at Chaeng Wattana by any chance and is you renewal actually based on earning a salary in Thailand or a pension?

[Mario2008]

Doesn't matter for the extension if you have a salary or pension. Only the proof you have to provide is different.

[GarryP]

I went to Chaengwattana today to do my 90 day report. While there I decided to see whether I could get a list of documents to renew my visa based on my over 20 year old son, now that my wife has died (as mentioned earlier I am not retired but working full time with a work permit and would rather extend based on my son than use the one stop service). I went to reception where they are supposed to be able to answer your questions. The woman I spoke to said it was not possible to renew based on a child over 20 (I know this to be wrong now), and when I mentioned the reason was because my wife had died, she said that my extension expired with my wife, I was on overstay and had to pay Baht 20k. She told me to go speak to counter L. I went back in but as I had already done my 90 day report, walked out of the exit. I am pretty sure my visa is still valid as I am pretty sure nothing in the law says I must report my wife's death to immigration. However, at the time, it was a great shock, my heart rate went through the roof and I probably looked as white as a ghost. After a while I calmed down and said sod it. Can't I just change the reason for my extension without the need to say why, as long as I qualify?