Baby born in Thailand - overstay/ban?

[katzistan]

Hi everyone, been searching for an answer to our situation and so far haven't been able to get a clear answer. Hoping someone here can direct me to the right place.

Here's our situation

- Both mother and father are US citizens.

- Father in and out of country on one-year B visa, I work regionally.

- Mother in country on "O" guardian visa. Our 6-year-old son is enrolled in an international school here, so he has an "ED" visa.

- Our new baby was born in January at a hospital in Bangkok. She has a Thai birth certificate and a US passport.

There doesn't appear to be any means to get an extended visa for the new baby - is that correct?

So far, we haven't left Thailand, but a couple questions:

1) When we do leave and come back, the baby will presumably be stamped into the country on a 30-day visa exemption. When we leave again, she'll have overstayed, potentially by several months. I've read of course that overstay fines are not imposed on children, but there's been all this talk of bans recently. Is there a chance she'll be banned from re-entering the country?

2) Given the lack of a visa in her passport, will airlines deny boarding if she doesn't have an onward ticket?

3) I've read that there is now a 6-month multi-entry tourist visa. If we got this for the baby when we go back to the US in the summer, it would be useful the first time, but we're unlikely to return to the US within 6 months. If she doesn't have another visa, will we then start having problems? (And will the Thai embassy give a baby a visa?)

I've tried talking to lawyers about this but no one's had a clear answer yet, other than 'don't worry'. Realize no one here probably has all the answers, but if anyone knows where I could get clear guidance on these questions, would be very appreciative. Thank you!

Edited February 22, 2016 by katzistan

[ubonjoe]

1. No overstay fine for children under 15 but they do get an overstay stamp. No banning for children under the age of 18.

2. I have never heard of an airline wanting a onward ticket for a child.

Do you have a one year extension of stay from immigration or a non-b visa from an embassy. If on an extension your child could could an extension as your dependent in this case she would need a non-o visa to apply for an extension.

3. The METV would be of little use unless you took them out of the country every 60 days. You could get them a single entry tourist visa. Yes they would give your baby a visa.

[sunnyjim5]

Get the baby an "O" visa and then apply for an extension of stay based on the child being your dependent.

[luke000]

Get the baby an "O" visa and then apply for an extension of stay based on the child being your dependent.

I dont think that its possible to get carer Visa, if the Child isnt a Thai

[sunnyjim5]

Get the baby an "O" visa and then apply for an extension of stay based on the child being your dependent.

I dont think that its possible to get carer Visa, if the Child isnt a Thai

There is no such thing as a "Carer Visa" .

And it is entirely possible for a "foreign" child to obtain an extension of stay as a dependent.

[luke000]

Get the baby an "O" visa and then apply for an extension of stay based on the child being your dependent.

I dont think that its possible to get carer Visa, if the Child isnt a Thai

There is no such thing as a "Carer Visa" .

And it is entirely possible for a "foreign" child to obtain an extension of stay as a dependent.

I meant that if the Child is a foreigner, then the Father wouldnt be able to any dependency Visas

[ubonjoe]

Get the baby an "O" visa and then apply for an extension of stay based on the child being your dependent.

I dont think that its possible to get carer Visa, if the Child isnt a Thai

There is no such thing as a "Carer Visa" .

And it is entirely possible for a "foreign" child to obtain an extension of stay as a dependent.

I meant that if the Child is a foreigner, then the Father wouldnt be able to any dependency Visas

Still the wrong name for a visa or extension. It would be for being the parent of a Thai.

A father or mother can also get one for being the parent of a non Thai child attending school. Apparently the mother mentioned in the OP has one but it was incorrectly called a guardian visa.

[Bantex]

- Our new baby was born in January at a hospital in Bangkok. She has a Thai birth certificate and a US passport.

Have you considered getting your baby daughter a Thai passport. She was born in Thailand & has dual nationality.

My son was born in June last year, he has a Thai passport as well as a UK passport.

[brewsterbudgen]

- Our new baby was born in January at a hospital in Bangkok. She has a Thai birth certificate and a US passport.

Have you considered getting your baby daughter a Thai passport. She was born in Thailand & has dual nationality.

My son was born in June last year, he has a Thai passport as well as a UK passport.

Unless one of the parents are Thai this is not possible.

[stoneyboy]

- Our new baby was born in January at a hospital in Bangkok. She has a Thai birth certificate and a US passport.

Have you considered getting your baby daughter a Thai passport. She was born in Thailand & has dual nationality.

My son was born in June last year, he has a Thai passport as well as a UK passport.

Unless one of the parents are Thai this is not possible.

Correct.

[katzistan]

Still the wrong name for a visa or extension. It would be for being the parent of a Thai.

A father or mother can also get one for being the parent of a non Thai child attending school. Apparently the mother mentioned in the OP has one but it was incorrectly called a guardian visa.

Thank you very much for your replies.

So is there any actual basis to get the baby an "O" visa? I haven't come across one. Naturally, she is not enrolled in school now.

As holder of a Non-B visa myself, I don't believe there's any way to get her a dependent's visa.

And since my wife has the O visa for being a parent of a non-Thai child attending school (not sure what this is actually called), I don't think there's any way to add the baby onto her status as a dependent.

As noted below, since neither parent is Thai, she doesn't have the right to get a Thai passport.

Am I correct about all of these? Anyone know of any alternatives, or will we just have to take the chance with overstays?

Thank you.

[kiwiaussie]

All your family are entitled to a non o visa and extension of stay by reason being your dependent. Period.

For some reason you have decided to get your wife a non o visa for being a parent of a child at international school. While a thoroughly legitimate visa route technically not needed given you have a work permit and extension of stay. I also believe it requires 500,000 baht in the bank from memory!

Your new child won't need a visa for the time being. On the next trip out, bring along the child's birth certificate, your work permit etc and head to the Thai embassy or consulate in the country you are visiting and you can get your baby a non-immigrant O visa by reason of being your dependent.

They can return to Thailand on that and have their extension of stay piggy backed of yours too.

[ubonjoe]

Still the wrong name for a visa or extension. It would be for being the parent of a Thai.

A father or mother can also get one for being the parent of a non Thai child attending school. Apparently the mother mentioned in the OP has one but it was incorrectly called a guardian visa.

Thank you very much for your replies.

So is there any actual basis to get the baby an "O" visa? I haven't come across one. Naturally, she is not enrolled in school now.

As holder of a Non-B visa myself, I don't believe there's any way to get her a dependent's visa.

And since my wife has the O visa for being a parent of a non-Thai child attending school (not sure what this is actually called), I don't think there's any way to add the baby onto her status as a dependent.

As noted below, since neither parent is Thai, she doesn't have the right to get a Thai passport.

Am I correct about all of these? Anyone know of any alternatives, or will we just have to take the chance with overstays?

Thank you.

Since you are only on a non-b visa the baby would not qualify for an extension at immigration. But she could get a non-o visa as your dependent at an embassy or consulate. At some embassies or consulate she might even be able to get a multiple entry non-o visa.

Dependent extensions are not allowed for the type of extension (it is not a visa) your wife has.

You child is not a Thai citizen from birth here.

[ubonjoe]

All your family are entitled to a non o visa and extension of stay by reason being your dependent. Period.

For some reason you have decided to get your wife a non o visa for being a parent of a child at international school. While a thoroughly legitimate visa route technically not needed given you have a work permit and extension of stay. I also believe it requires 500,000 baht in the bank from memory!

Your new child won't need a visa for the time being. On the next trip out, bring along the child's birth certificate, your work permit etc and head to the Thai embassy or consulate in the country you are visiting and you can get your baby a non-immigrant O visa by reason of being your dependent.

They can return to Thailand on that and have their extension of stay piggy backed of yours too.

He does not have a extension or a work permit. He only has a multiple entry non-b visa.

[katzistan]

All your family are entitled to a non o visa and extension of stay by reason being your dependent. Period.

For some reason you have decided to get your wife a non o visa for being a parent of a child at international school. While a thoroughly legitimate visa route technically not needed given you have a work permit and extension of stay. I also believe it requires 500,000 baht in the bank from memory!

Your new child won't need a visa for the time being. On the next trip out, bring along the child's birth certificate, your work permit etc and head to the Thai embassy or consulate in the country you are visiting and you can get your baby a non-immigrant O visa by reason of being your dependent.

They can return to Thailand on that and have their extension of stay piggy backed of yours too.

To clarify, I have a non-b visa, but do not have a work permit. (I don't actually work in Thailand, I work regionally.)

[katzistan]

Still the wrong name for a visa or extension. It would be for being the parent of a Thai.

A father or mother can also get one for being the parent of a non Thai child attending school. Apparently the mother mentioned in the OP has one but it was incorrectly called a guardian visa.

Thank you very much for your replies.

So is there any actual basis to get the baby an "O" visa? I haven't come across one. Naturally, she is not enrolled in school now.

As holder of a Non-B visa myself, I don't believe there's any way to get her a dependent's visa.

And since my wife has the O visa for being a parent of a non-Thai child attending school (not sure what this is actually called), I don't think there's any way to add the baby onto her status as a dependent.

As noted below, since neither parent is Thai, she doesn't have the right to get a Thai passport.

Am I correct about all of these? Anyone know of any alternatives, or will we just have to take the chance with overstays?

Thank you.

Since you are only on a non-b visa the baby would not qualify for an extension at immigration. But she could get a non-o visa as your dependent at an embassy or consulate. At some embassies or consulate she might even be able to get a multiple entry non-o visa.

Dependent extensions are not allowed for the type of extension (it is not a visa) your wife has.

You child is not a Thai citizen from birth here.

Thank you - this is the first I've heard about getting a non-O based on my non-B. Do you know what type this is or how I'd explain what I'm applying for at the embassy? I don't see which category it would fit into here:

http://thaiembdc.org/consular-services/non-immigrant-visas/non-immigrant-visa-category-o/

[ubonjoe]

The embassy left out a lot of reasons for getting a non-o visa. You wife got a non-o visa for about the same reason. They put Thai family member in parenthesis.

From MFA webstie. http://www.mfa.go.th/main/en/services/4908/15398-Issuance-of-Visa.html

"- other activities (Category "O") as follows:

to stay with the family, to perfrom duties for the state enterprise or social welfare organizations, to stay after retirement for the elderly, to receive medical treatment, to be a sport coach as required by Thai Government, to be a contestant or witness for the judicial process."

Your best bet to get one would be from one of the honorary consulates in the states.

[katzistan]

The embassy left out a lot of reasons for getting a non-o visa. You wife got a non-o visa for about the same reason. They put Thai family member in parenthesis.

From MFA webstie. http://www.mfa.go.th/main/en/services/4908/15398-Issuance-of-Visa.html

"- other activities (Category "O") as follows:

to stay with the family, to perfrom duties for the state enterprise or social welfare organizations, to stay after retirement for the elderly, to receive medical treatment, to be a sport coach as required by Thai Government, to be a contestant or witness for the judicial process."

Your best bet to get one would be from one of the honorary consulates in the states.

Huh, ok. Thanks a lot! I will try this.