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one child one guardian rule?

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Hi -- we are soon going to apply to O visas, being resident in Thailand (now under an "F" visa), with kids in school here -- well, soon only one child in school here. We've heard strongly-held but absolutely conflicting views on whether both parents can get a guardian visa for guardianship of one single child only - or not, meaning a one child-one guardian rule (in which case, we assume, the option is one parent has the guardian-visa, and the other a dependent visa). So, which is it? And if it is possible, what are the pros and cons of the alternatives - two separate guardian visas, or one and a dependent one. Sorry if the answer is already somewhere in ThaiVisa's long history, and thanks for the advice!

The guardian/dependent are the same. Only one person can stay in Thailand as the guardian/dependent of a child (under 20) studying in Thailand. The other parent will need to find another reason to stay.

From Police order 327/2557

2.11 In the case of being a family member of an alien who has been permitted a temporary stay in the Kingdom for study in an educational institution according to
Clauses 2.8 or 2.9 hereof (applicable onlyto 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 (NONIM).
(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.

The dependent clause do not cover section 2.11.

2.20 In the case of being a family member of an alien permitted a temporary stay in the Kingdom under Criteria 2.1, 2.2, 2.3, 2.5, 2.6, 2.7, 2.10, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.21, 2.22, 2.26, or 2.29 hereof or Section 34(1) (2) and (7) including family of alien granted nonimmigration visa which contains “A” letter at the end of visa code, (applicable only to parents, spouse, children, adopted children, or spouse’s children) except for NonImmigrant code LA:

The correct term is being the parent of a child attending school. Only one parent can get the extension of stay.

Clause 2.11 of police order 327/2557

"2.11 In the case of being a family member of an alien who has been permitted a temporary stay in the Kingdom for study 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"

In the wording of the regulation, at least English version, I do not see anything to the effect that only one parent can obtain the "guardian" extension. Actually the opposite, since it says that the funds can be deposited in either parents account, that implies that a parent can apply with funds deposited under other parent's name.

I won't dispute that Immigration may have the policy of granting only one parent application per child. I think the OP should try making a perfect application to find out.

Edited by paz

Every thing in the clause is singular. For example "The alien" Also for the money 'father's or the mother's" does say both.

I can assure you that immigration will not grant two extension for one child.

Every thing in the clause is singular. For example "The alien" Also for the money 'father's or the mother's" does say both.

That is expected. Any type of application extension is about one single person, the applicant (singular).

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Clause 2.18(5) of Police Order 327/2557, criteria for consideration:

(5) In the case of parents, the father or mother must maintain an average annual
income of no less than Baht 40,000 per month throughout the year or must have
deposited funds of no less than Baht 400,000 to cover expenses for one year.


There is a translation error in the above:

Wrong: In the case of parents, the father or mother must maintain...

Correct: In the case a parent, that parent must maintain...

Apparently, the Thai language does not have single words for parent and parents and for this reason a roundabout way is used to express these meanings in legal parlance:

บิดามารดา = parents (literally: father mother)
บิดาหรือมารดา = a parent (literally: father or mother)
บิดาหรือมารดานั้น = that parent (literally: that father or mother)

The above three Thai expressions appear in the original Thai text of clause 2.18

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