Immigration Interview with minors

[bigmacdaddybone]

Hello Thai Visa Family ........ I want to know if a Thai immigration officer has the right to speak to or officially interview your minor child without you being present?

[johnatong]

What is the purpose of your question and what age is the child ?

[bigmacdaddybone]

I just want to know if they have that right or not ? my child is 11 years old

[laolover88]

Thai or dual+ nationality? Interview why? Mrs thinks not.

[KhunBENQ]

How good is your Thai language proficiency?

How good is your child's Thai language proficiency?

Just asking because even if you are present they will (try to) talk to your child in Thai.

Witnessed that more than once while waiting.

And of course they will try to check whether the "file is consistent".

[bigmacdaddybone]

The child is multi national as i am & born here ........ its just that i'm here divorced now & i am the sole provider for her welfare ........ I have experienced what Khun BENQ stated that they spoke to my child in Thai in front of me .......i just want to know if this MUST be done in my presence .....i'm concerned if the conversation is not witnessed what could happen. Just so no one gets the wrong idea .....it can be either parent or a family member not only me

[Maestro]

You have the right to request that you be allowed to be present during the interview. If the officer refuses, you have the right to ask to speak to a higher-officer and if he also refuses you have the right to call the immigration helpline 1178.

[bigmacdaddybone]

Thx

[elviajero]

I wouldn't allow my child to be interviewed alone, but if it's in connection with an application for an extension of stay I don't see what laws they would be breaking. IMO you have the right for the child not to be interviewed alone, but equally they have the right to decline your application if you don't meet their requirements.

[johnatong]

I wouldn't allow my child to be interviewed alone, but if it's in connection with an application for an extension of stay I don't see what laws they would be breaking. IMO you have the right for the child not to be interviewed alone, but equally they have the right to decline your application if you don't meet their requirements.

Something does not feel 'right' about this.

Have the IO's indicated that they wish to interview a young child alone ? If so for what reason.

I might also ask why the OP is fearful that this might happen ? ( He can of course refuse)

[elviajero]

I wouldn't allow my child to be interviewed alone, but if it's in connection with an application for an extension of stay I don't see what laws they would be breaking. IMO you have the right for the child not to be interviewed alone, but equally they have the right to decline your application if you don't meet their requirements.

Something does not feel 'right' about this.

Have the IO's indicated that they wish to interview a young child alone ? If so for what reason.

I might also ask why the OP is fearful that this might happen ? ( He can of course refuse)

Agreed. I assume they want to interview the child in the same way they interview a wife, but It's completely unnecessary to interview the child alone, and I can't think of one reason why they would insist.

[bigmacdaddybone]

i'm divorced now & i need to be here to provide for my minor child ........i'm having some difficulty with that from the immigration office.....regarding the situation as to when the ex wife is not in the country .....which was the reason i applied for the dependency visa in the 1st place ... i have a dependency visa which i have renewed 3 x's ..... for the same reason the ex wife was not in the country ..... but now the i o says they want consent from the ex ....annually which they never asked for during the previous extensions..........& i'm saying how do i do that if she's not here .....& why do i need to... if i'm applying for a visa that facilitates a foreigner staying in Thailand to care for his child when the other parent is absent or negligent...... so if the situation arises & they want to talk to my child i want to know what the law is ......... because i'm providing all the documents ....my ex & i are not fighting or in a custody battle we just want to know what we have to do to make sure our child is cared for ......... so i want to know if it gets to where they want to talk to my child ....which i don't have a problem with ...... what are my rights ....& or better yet what are the child's rights ....does an adult in the role of guardian need to be present ? my child has been present for the renewal process . previously and asked questions which were answered honestly .... there are some that would like payouts to process things ..... so if alone with a i o of this nature and there is no witness to the conversation .... we can be pushed into a situation of payola versus procedures .... there fore my question today

[laolover88]

The view here is that they cannot "interview" a minor alone. What could they ask? What could the child answer?. Clearly the child should write nothing down, nor sign anything, though in a court it would still have no validity as under the age of consent.However "parental" rights and "custody" are not the same in Thailand as some countries. Why does you ex, if you are on good terms, not simply write a document stating that she is happy for you to look after the child? Presume the child lives with you? I think you had better get an authoritative lawyer's opinion.

[bigmacdaddybone]

we have provided that ....as a matter of fact the i o asked for that & i submitted that document for approval too...... basically stating that my ex gives me consent to apply for a visa to care for our child now and forever as long as her consent is needed & that document was handed back to me and i was told she needs to be here & come to the immigration office...and i said how.... if she's not in the country ..and hasnt been here previously to care for the child...its the possibility of this scenario we are preparing for.......i've gotten a lawyers opinion ...& they don't understand either why this i o is making this difficult.....so i'm reaching out to thai visa to help me understand the law so i can comply with it

[elviajero]

we have provided that ....as a matter of fact the i o asked for that & i submitted that document for approval too...... basically stating that my ex gives me consent to apply for a visa to care for our child now and forever as long as her consent is needed & that document was handed back to me and i was told she needs to be here & come to the immigration office...and i said how.... if she's not in the country ..and hasnt been here previously to care for the child...its the possibility of this scenario we are preparing for.......i've gotten a lawyers opinion ...& they don't understand either why this i o is making this difficult.....so i'm reaching out to thai visa to help me understand the law so i can comply with it

I don't see this as a legal issue.

You are an alien granted a temporary right to stay and you are requesting to extend that stay based on being the parent of a Thai national. You have no legal right to that extension of stay, and it is 100% at the discretion of immigration whether or not they grant it. There is no reason why they would want to interview your child alone, and it is your choice to allow it or not. If you refuse permission, and they decline the application, you have the right to appeal.

Do you have sole custody of the child following the divorce? If not, that is probably the problem and why they want the mother involved.

[bigmacdaddybone]

we have Joint custody ......its the explanation of how to handle this if she is not here .... that's unclear from this i o ..... ....so in Thailand the welfare of innocent children is not a matter of great importance elviajero....... or how do you handle it when you have a child here and you need to be here to raise them and provide for them ? ....respectfully asking......... is it necessary to go thru the court system & force a child to choose between it's parents ...and have to go thru all that drama when everyone is in agreement ......& separate that child from its family members for an i o .....that want $

[elviajero]

we have Joint custody ......its the explanation of how to handle this if she is not here .... that's unclear from this i o ..... ....so in Thailand the welfare of innocent children is not a matter of great importance elviajero....... or how do you handle it when you have a child here and you need to be here to raise them and provide for them ? ....respectfully asking......... is it necessary to go thru the court system & force a child to choose between it's parents ...and have to go thru all that drama when everyone is in agreement ......& separate that child from its family members for an i o .....that want $

As a parent myself I think the situation sucks!

All I can tell you is that other TV members have reported that Immigration sometimes want the father to have sole custody. Maybe, if you haven't done already, if you can provide them with the divorce papers that confirm you, at least, have joint custody that might help. But at the end of the day your only recourse would be to go over the IO's head.

As a plan B you could always go to Penang, Maylasia to get a 1 year multiple entry non 'O' visa. Not ideal, due to 90 day border hops, but at least you'll be able to stay up to 17 months, if fully utilised, before needing a new visa. You'd need a min of 100K in the bank.

[bigmacdaddybone]

i have shown them our divorce agreement that states joint custody ....it also states the mother now and forever consents to the father to have full authority to handle any and all matters for the Childs benefit with any & all government agencies ........... they just have to tell me what they want ...... we all agree ....i have the visa already i'm just trying to prepare for my next renewal ........with being asked to produce things that are impossible (having my ex wife come to the immigration office if she is not in the country) & the new penalties for overstay being more stringent i don't want to wait till next year to prepare my documents if its not clear what is required .........and get caught in a corner of overstay or else .....even if the advice was full custody tell me ......something sensible ..... not the impossible

[laolover88]

On what basis is the child in Thailand? Entered on a Thai Passport or foreign Passport? What about you? 11 years old should have a Thai ID and Thai Passport and Passport from the nationality of wherever you are from. Think elviajero is right. You need to get your paperwork in order. No reason why she cannot email/fax you copies of them plus letter of consent?Presumably if your ex is Thai she has an ID card/Tabian Ban/Passport? If you have passports/birth certificate/ID card only obstacle I can see is if surname on birth certificate is not the same as yours. As elviajero says. Leave and come back on a new Non O. As always with these things too much not entirely clear!!

[bigmacdaddybone]

i have all that ....everyone of the documents you described for the child Thai passport Thai Id My Surname ....book house ex wife's i d ....book house .....marriage & divorce papers ..3 previous renewals of the same type of visa .....consenting letter's from the ex filed with the divorce .....this is the reason for my frustration ......is it so necessary for children to go through the fear of losing their father ...... when everything is being done properly? ....why do i have to get a non o and be forced to make border runs ....when i already have a visa where that is not necessary

[laolover88]

Because Immigration are for some reason being fussy with you.!! Outsmart them. Is this BKK? The only 2 other things I can think of is 1. Make sure the house registration for wife child and you is up to date, They have got very fussy about this. 2. Get a letter from the school confirming acceptance of her entry to whatever it is P5/P6 in May. Runaway mothers are a big problem. I do know!!

[bigmacdaddybone]

no it is not Bkk .....& thx for understanding

[Maestro]

Basically, the immigration officer wants to ask the child if it lives with you.

If your divorced wife continues to live abroad you should consider applying to the family court for sole custody of the child to make bureaucratic procedures easier in future.

[bigmacdaddybone]

is it really necessary after my ex has given every consent imaginable to avoid this .....do i really have to make my child tell a judge it's mother has left the child alone? i think that's forced emotional trauma....... and do i need to go through the expense of hiring lawyers ....when me & my ex have no issues with custody ? we just want no problems if one of us passes away or is out of the country?

[BritTim]

To be honest, I smell an official who sees the chance of some extra cash. If you are willing to cave in, life will be simple. If not, you may need to look into moving house so you are under the jurisdiction of another immigration office. This really sucks, but (with all its positive aspects) issues like you describe will sometimes arise here.

[laolover88]

To be honest, I smell an official who sees the chance of some extra cash. If you are willing to cave in, life will be simple. If not, you may need to look into moving house so you are under the jurisdiction of another immigration office. This really sucks, but (with all its positive aspects) issues like you describe will sometimes arise here.

I agree. If not BKK you may have to fight your way up the chain of command to demand you know exactly what their problem is. I don't think there are any fixed protocols about what is required for a "dependency" visa. Just whim There is 100% no reason for any official to be trying to make money out of your situation. Can you not find a Thai person to talk with whoever? I know it stinks but sometimes the "sweet mouths"of Thais open doors that we cannot. Is one of the reasons to have a Thai wife!! Yes I know you did, but you need someone on the ground, now!

[laolover88]

PS. Presume you meet the financial requirement?

[bigmacdaddybone]

i'm sorry really frustrated may i remove the posts please

[JLCrab]

Given the age of the young girl in question, I would want to make sure that the IMM Officers are not questioning the ex-wife/Mother's willingness to sign any custody-type document while out of the country as a sign that the Mother doesn't really care what happens to the young girl and has emotionally abandoned her. Seems like this this a common enough occurrence.

[bigmacdaddybone]

i want to have a cool heart ///// its really frustrating ......when you ask how to avoid problems .....and you follow the instructions ....in my case getting a letter of consent drawn up ....and then when you present it .....to have that thrown back at you and told that it will not be accepted ..... why tell me to make the document ? .... or tell me what's wrong with it ....... how do you handle that here?