Non-o For Supporting A Thai Child, Extension Refused

[Khun Jack]

Today I applied for a one year extension at The Immigration Office Phuket. I am 53 and have a child with a Thai nationality.

Had a multiple non O and in December I have to leave or get an extension of stay.

Have read some forum messages that when you are 50+ and have a child with a Thai Nationality that you dont have to show funds in the bank or having a 40K/month income.

The Immigration officer told me that I do have to show funds on a bankaccount or a proof of income.

So the one year extension was refused.

But he seemed to have a hard time with it, he was reading the new rules again and again.

So what can I do, try to aply again in Bangkok or are the rules correct understood by the immigration officer and if they are that means a flight to KL.

Edited November 23, 2006 by Khun Jack

[kriswillems]

Today I applied for a one year extension at The Immigration Office Phuket. I am 53 and have a child with a Thai nationality.

Had a multiple non O and the in December I have to leave or get an extension of stay.

Have read some forum messages that when you are 50+ and have a child with a Thai Nationality that you dont have to show funds in the bank or having a 40K/month income.

The Immigration officer told me that I do have to show funds on a bankaccount or a proof of income.

So the one year extension was refused.

But he seemed to have a hard time with it, he was reading the new rules again and again.

So what can I do, try to aply again in Bangkok or are the rules correct understood by the immigration officer and if they are that means a flight to KL.

The text is very confusing. It says that that Thai children may take care of their foreign parents if the parents are older than 50 (No income required). But most people read this sentence the other way around: "A foreigner older than 50 can take care of his Thai children". The latter interpretation is not correct. Maybe the officer was also confused. Many people on this forum (and i was one of them) misunderstood this part of the new police order.

Edited November 23, 2006 by kriswillems

[El Taco Loco]

I would suggest you go another day, if you can. Avoid the same guy.

I will apply for extention next week over there. I am really really excited. NOT.

Today I applied for a one year extension at The Immigration Office Phuket. I am 53 and have a child with a Thai nationality.

Had a multiple non O and in December I have to leave or get an extension of stay.

Have read some forum messages that when you are 50+ and have a child with a Thai Nationality that you dont have to show funds in the bank or having a 40K/month income.

The Immigration officer told me that I do have to show funds on a bankaccount or a proof of income.

So the one year extension was refused.

But he seemed to have a hard time with it, he was reading the new rules again and again.

So what can I do, try to aply again in Bangkok or are the rules correct understood by the immigration officer and if they are that means a flight to KL.

[wca01]

Perhaps a good idea to have a lawyer on your side.

WCA

[Maestro]

The text is very confusing. It says that that Thai children may take care of their foreign parents if the parents are older than 50 (No income required).

Kriswillems, are you referring to National Police Order No. 606/2006, paragraph 7.17, clause (5)? In the original Thai text, does it really say “take care”? In the English translation, it does not.

---------------

Maestro

[Lite Beer]

It would apear that BKK is the only immigration office that understands the law . If it were me I would go there to apply.

[briankk]

I currently have a non o married visa.

last week i went to bankok to renew it.

I took advice from a lawyer and took.

My marriage certificate,copy wifes id signed by her copy wifes family book,signed by her .

Bank statement upto date showing over the 400,000 bht min and it had been there over 3 months with a letter from the bank.

I was refused to my shock and horror on the basis that they told me I need a minimum of 400,000 bht AND an income monthly of 40,000 bht.

I challenged this and asked to see someone else which i did.

They then got out there rule book in thai.

I asked to see the translation and to my delight it cleary states that on the first renewl you do not have to have an income .

I pointed this out to the officer who said it was wrong and that i needed the incom as well.

I asked to see there superior and got the same reply.

What do you suggest I now do as my O expires 12 dec?

[thai_narak]

as the saying goes again and again.... welcome to the LOS!

[lopburi3]

I currently have a non o married visa.

last week i went to bankok to renew it.

I took advice from a lawyer and took.

My marriage certificate,copy wifes id signed by her copy wifes family book,signed by her .

Bank statement upto date showing over the 400,000 bht min and it had been there over 3 months with a letter from the bank.

I was refused to my shock and horror on the basis that they told me I need a minimum of 400,000 bht AND an income monthly of 40,000 bht.

I challenged this and asked to see someone else which i did.

They then got out there rule book in thai.

I asked to see the translation and to my delight it cleary states that on the first renewl you do not have to have an income .

I pointed this out to the officer who said it was wrong and that i needed the incom as well.

I asked to see there superior and got the same reply.

What do you suggest I now do as my O expires 12 dec?

Have you extended your stay before? Or are you on a 90 day permitted to stay stamp from an O visa? This is important as if you have not extended before you can not use the 400k bank deposit method and must use family income of 40k per month.

[Khun Jack]

Well thanks for the advices, but nobody here have confirmed that this rule was correct translated from the police order ( getting extension for one year without proof of funds, be 50+ and having a child with Thai Nationality).

Here under some posts that made me try to apply;

QUOTE(maestro @ 2006-11-20 02:29:12)

In your case, age is the crucial factor. If you are 50 or older, you can apply for an annual extension of stay. No proof of income or money in the bank required.

If you are younger than 50, you cannot get an extension based on being the father of a Thai child, not even with proof of income or money in the bank. Your alternatives are

QUOTE(Sunbelt Asia 2006-11-20 18:43:24)

Maestro's answer is spot on.

You must be over 50 years old to get a one year extension of the NON - O based on living with your Thai child. Otherwise the only extension you can get inside Thailand at Immigration is of 60 days to visit your child.

[Phuket Dragon]

Hi Folks,

I have a 1 year multiply "O" Visa for the first time and just arrived in Thailand with my Thai wife, I was supprised the officer put a stamp in my pasport that I must leave the country after 3 months.

This officer did something wrong ? I was supposed that I can stay 1 year without to do visa runs every 3 months.

[Lite Beer]

Hi Folks,

I have a 1 year multiply "O" Visa for the first time and just arrived in Thailand with my Thai wife, I was supprised the officer put a stamp in my pasport that I must leave the country after 3 months.

This officer did something wrong ? I was supposed that I can stay 1 year without to do visa runs every 3 months.

A 12 month multi entry non imm. O visa gives you up to 90 days at a time. you will have to do a border run every 90 days. Your visa should give you a total of 15 months in Thailand.

[lopburi3]

To stay in Thailand without doing 90 day exit/returns you should extend your stay at an immigration office when down to between 30 and 15 days remaining on your 90 day permitted to stay time. You will have to have documentation of 40k baht family monthly income and the normal paperwork.

[Sunbelt Asia]

Well thanks for the advices, but nobody here have confirmed that this rule was correct translated from the police order ( getting extension for one year without proof of funds, be 50+ and having a child with Thai Nationality).

Here under some posts that made me try to apply;

QUOTE(maestro @ 2006-11-20 02:29:12)

In your case, age is the crucial factor. If you are 50 or older, you can apply for an annual extension of stay. No proof of income or money in the bank required.

If you are younger than 50, you cannot get an extension based on being the father of a Thai child, not even with proof of income or money in the bank. Your alternatives are

QUOTE(Sunbelt Asia 2006-11-20 18:43:24)

Maestro's answer is spot on.

You must be over 50 years old to get a one year extension of the NON - O based on living with your Thai child. Otherwise the only extension you can get inside Thailand at Immigration is of 60 days to visit your child.

Can confirmed it was correctly translated. The Government in fact translated it as well. Maestro posted a link before here to both Sunbelts and the governments translation.

We have had cases where the father over 50 years old was able to get the extension of a year.

However if the father are under 50 years old, even if you have custody, the only extension you can get inside Thailand is for 60 days. ( Of course if you have gransfather in) as you had the extension before Oct 1st, 2006, different story.

Please note: The cases that have been approved have been with our star visa lawyer. Too early in the game, to know if BKk interprets this law automatically or the head of our visa dept is educating.

www.sunbeltasiagroup.com

[Sunbelt Asia]

I currently have a non o married visa.

last week i went to bankok to renew it.

I took advice from a lawyer and took.

My marriage certificate,copy wifes id signed by her copy wifes family book,signed by her .

Bank statement upto date showing over the 400,000 bht min and it had been there over 3 months with a letter from the bank.

I was refused to my shock and horror on the basis that they told me I need a minimum of 400,000 bht AND an income monthly of 40,000 bht.

I challenged this and asked to see someone else which i did.

They then got out there rule book in thai.

I asked to see the translation and to my delight it cleary states that on the first renewl you do not have to have an income .

I pointed this out to the officer who said it was wrong and that i needed the incom as well.

I asked to see there superior and got the same reply.

What do you suggest I now do as my O expires 12 dec?

Some offices simply don't get it.

Which Immigration office was this? Come to BKk and get approved in one hour. Be sure to bring your wife with the doc's. If you want, use our office and be sure to get the renewal. Our professional fee is 3,900 Baht. for any renewal of the extension of stay.

www.sunbeltasiagroup.com

[sbk]

Just curious Sunbelt, does the one hour approval from Bkk apply to ALL extension of stay's ? It takes 3 months to get approval back to Samui Immigration for my extension. If I could get it in one day I could certainly talk hubby into a trip to Bkk for that!

Also, just curious, do you think that Khun Jack would have any better luck in Bangkok or is it luck of the draw with this kind of extension?

[Khun Jack]

Well thanks for the advices, but nobody here have confirmed that this rule was correct translated from the police order ( getting extension for one year without proof of funds, be 50+ and having a child with Thai Nationality).

Here under some posts that made me try to apply;

QUOTE(maestro @ 2006-11-20 02:29:12)

In your case, age is the crucial factor. If you are 50 or older, you can apply for an annual extension of stay. No proof of income or money in the bank required.

If you are younger than 50, you cannot get an extension based on being the father of a Thai child, not even with proof of income or money in the bank. Your alternatives are

QUOTE(Sunbelt Asia 2006-11-20 18:43:24)

Maestro's answer is spot on.

You must be over 50 years old to get a one year extension of the NON - O based on living with your Thai child. Otherwise the only extension you can get inside Thailand at Immigration is of 60 days to visit your child.

Can confirmed it was correctly translated. The Government in fact translated it as well. Maestro posted a link before here to both Sunbelts and the governments translation.

We have had cases where the father over 50 years old was able to get the extension of a year.

However if the father are under 50 years old, even if you have custody, the only extension you can get inside Thailand is for 60 days. ( Of course if you have gransfather in) as you had the extension before Oct 1st, 2006, different story.

Please note: The cases that have been approved have been with our star visa lawyer. Too early in the game, to know if BKk interprets this law automatically or the head of our visa dept is educating.

www.sunbeltasiagroup.com

Thanks Sunbelt, it does look that I need a very good lawyer because Immigration Phuket is totaly focussed on having money.

It is not the first time for me that an extension was denied here without legal reasons.

[Axel]

Just curious Sunbelt, does the one hour approval from Bkk apply to ALL extension of stay's ? It takes 3 months to get approval back to Samui Immigration for my extension. If I could get it in one day I could certainly talk hubby into a trip to Bkk for that!

2-3 months is the norm for my annual extension in Bangkok under non-imm B.

Just thinking to change to PR.

[h5n1]

send a picture of your family and one of the child to nationa nd bkk post:

this child will now eat marginally and never have the opportunity of a better life and university -unlike when i had the 'privilage' of living in thailand.

he can thank the thai governmet and when he is older and marching for a better life in the streets instead of working for a biotech firm, the thai govt can know it is all their doing.

good luck friend - i super empathize. too bad thais dont do 1/10 to support their own people as foreigners do. there should be total boycott of assistance by expats imo.

[Maestro]

Today I applied for a one year extension at The Immigration Office Phuket. I am 53 and have a child with a Thai nationality...the one year extension was refused.

I am not due for my application under 7.17(5) until early February 2007. My submission will be in Bangkok, where apparently Sunbelt’s lawyers are teaching the officers the correct interpretation of Police Order 606/2006, so hopefully I should have no problem by then. Just for good measure I am storing the phone number of the Immigration Bureau Head Office in my mobile so that if necessary I can whip it out, dial the number and ask to speak to the Immigration Commissioner.

---------------

Maestro

[Sunbelt Asia]

Thanks Sunbelt, it does look that I need a very good lawyer because Immigration Phuket is totaly focussed on having money.

It is not the first time for me that an extension was denied here without legal reasons.

You are welcome.

By the way, even though you live in Phuket, you can apply in BKk. Next time you are in the area, lets let our lawyers do it.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Just curious Sunbelt, does the one hour approval from Bkk apply to ALL extension of stay's ? It takes 3 months to get approval back to Samui Immigration for my extension. If I could get it in one day I could certainly talk hubby into a trip to Bkk for that!

.

You can get a 30 day under consideration or the immediate approval in a hour (in most cases)

Also, just curious, do you think that Khun Jack would have any better luck in Bangkok or is it luck of the draw with this kind of extension?

BKk

www.sunbeltasiagroup.com

[Neeranam]

Our professional fee is 3,900 Baht. for any renewal of the extension of stay.

Does that include the visa fee of 1900b?

Would you do it without me being there?

[Sunbelt Asia]

Our professional fee is 3,900 Baht. for any renewal of the extension of stay.

Does that include the visa fee of 1900b?

No

Would you do it without me being there?

You need to be at Immigration as well in person. This is always on first applicants and renewals. On hearing results of "under considerations" than our lawyers are able to go on your behalf.

www.sunbeltasiagroup.com

[Khun Jack]

I aplied for the one year extension at the Suan Pluh Immigration office.As reason for stay I filled in to stay with my child who has Thai nationality. Than from the desk officer to the highest officer in charge, I think four officers were studing the documents.

I has also the copy of the police order and pointed the rule and after some scary minutes with a lot of discussion I heard in Thai that it was acknowledged that being a father over the 50y could aply for extension for stay.

Than it took more time for the translated birthcertificate but this was an offical and legalised document so this was also accepted.

Had to show the housebook with my child's name and also the mariage certificate.

Than I got the 30 day consideration stamp.

So I have to wait for the final descision but it looks ok.

Edited December 2, 2006 by Khun Jack

[Sunbelt Asia]

I aplied for the one year extension at the Suan Pluh Immigration office.As reason for stay I filled in to stay with my child who has Thai nationality. Than from the desk officer to the highest officer in charge, I think four officers were studing the documents.

I has also the copy of the police order and pointed the rule and after some scary minutes with a lot of discussion I heard in Thai that it was acknowledged that being a father over the 50y could aply for extension for stay.

Than it took more time for the translated birthcertificate but this was an offical and legalised document so this was also accepted.

Had to show the housebook with my child's name and also the mariage certificate.

Than I got the 30 day consideration stamp.

So I have to wait for the final descision but it looks ok.

Glad to hear you won. Did they ask for the marriage certificate? As far as I know, we have not had cases this was asked for.

www.sunbeltasiagroup.com

[Khonwan]

I'm 47, but I've had an 'O' visa to support my Thai daughter for several years so presume, from my reading of your board today, that I'm "grandfathered" in. I collected my current visa extension in September having proven that I had at least 400,000 baht on deposit. Since I'll still be under 50 next year, must I then still prove that I've 400,000 baht in the bank (or 40,000 baht income), or shall I be treated as if over 50 and not be required to evidence savings/income?

[Cyberstar]

It's like asking: I don't meet the requirements for the kind of extension I have in mind - will I be treated as if I met the requirements?

[Mahout Angrit]

Since I'll still be under 50 next year, must I then still prove that I've 400,000 baht in the bank (or 40,000 baht income), savings/income?

Yes

[Khun Jack]

Glad to hear you won. Did they ask for the marriage certificate? As far as I know, we have not had cases this was asked for.

www.sunbeltasiagroup.com

The officer at the last desk asked for it, she signed the extension consideration stamps.

She wanted to have proof (I think) that I was indeed living with my child/family.

She wanted also to have proof that my child did have the Thai nationality, and the translated birthcertificate was not enough.

Showed our housebook with my child name in it and this was accepted as proof.