Extending OA visa for a child

[Kenny202]

Been here for a few years on an OA visa extending for retirement. I'm living with a lady (not married) and we have a child together. My name on the birth certificate as the father. I'm planning on extending my OA visa in September based on having a child here. I understand I only need 400 thb in the bank and it only needs to be in the bank the day of applying (not 3 months). I checked with my immigration office before (Khonkaen) and they said no problems about money on the day and my name on birth certificate enough ie don't need marriage. Have I got all this right or have things changed?

 

One thing I'm not clear about is I beleive it has to go to Bangkok for approval so ur visa isn't extended the day you apply same as it would be for retirement. Does this mean I need to apply earlier to allow time for approval to come back from Bangkok before my extension expires?

 

By the way I normally bring the equivalent money over in Australian dollars in an FCD (foreign currency account). I'm assuming this is still allowed?

 

Any help appreciated

 

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[BritTim]

As I understand things, if not married, in addition to the name on the birth certificate, you need to legitimize yourself as the father before applying for an extension on the basis of having a Thai child. Others here can probably give you the details on how to do that.

 

If a multiple entry Non O (from Penang) on the basis of having a Thai child was an acceptable alternative, this can be done with the birth certificate without legitimization.

[Kenny202]

No. Legitimization not required apparently. I thought so too. I have heard reports of some imm offices asking for this but my office said birth certificate and a few photos of me and my son, our home etc. Also heard reports of some offices wanting the 400k in the bank for 3 months too but that's down to their misunderstanding of the law

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[ubonjoe]

The written rules state legitimization is needed if not married.

From clause 2.18 of  Immigration Bureau Order 138/2557  documents for extension of stay.

Quote

3. Copy of documents proving relationship, such as a marriage certificate, a birth certificate, registration of child legitimization, household registration certificate, child adoption registration certificate, or other evidence from the government or relevant agency

After your application is accepted you will be given a under consideration stamp with a report back date 30 days from your current permit to stay ends. The application will be sent to immigration division 4 headquarters in Korat for approval (not Bangkok).

[Kenny202]

Thanks Joe. They did tell me legitimization wasn't required and reading the exert above appears to say "documents such as a birth certificate"? Am I reading this wrong?

How long before my extension expires should I go and apply?

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[ubonjoe]

26 minutes ago, Kenny202 said:

Thanks Joe. They did tell me legitimization wasn't required and reading the exert above appears to say "documents such as a birth certificate"? Am I reading this wrong?

How long before my extension expires should I go and apply?

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The birth certificate and legitimization both would be required is what it means.

I think I would double check with them about the legitimization. They might accept the application without it but Korat could deny it.

Since you have time before you need to do the extension I suggest you move forward with getting the legitimization done.

You can apply for the extension up to 30 days early to the last day of your current permit to stay. Best to do it at least a couple of weeks early in case you are short a document they want to apply for it.

 

[Kenny202]

Oh well. I'm under my 3 months now money in the bank to apply for the normal retirement visa. What would I be able to do if I applied for the ext stay for child and it was knocked back? Would I have to leave the country and go back to oz to reapply for retirement visa?

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[BritTim]

4 minutes ago, Kenny202 said:

Oh well. I'm under my 3 months now money in the bank to apply for the normal retirement visa. What would I be able to do if I applied for the ext stay for child and it was knocked back? Would I have to leave the country and go back to oz to reapply for retirement visa?

You could leave the country and come back on a tourist entry. Then you can apply for a change of status to a 90-day non immigrant entry, with 800,000 baht in the bank on the day you apply for this. Near the end of the 90-day non imm entry, you would apply for a retirement extension in the normal way.

[ubonjoe]

2 minutes ago, Kenny202 said:

Would I have to leave the country and go back to oz to reapply for retirement visa?

No

You could go to Vientiane or Savannakhet and get a single entry non-o visa based upon being the parent of a Thai. The apply for an extension based upon retirement or for being the parent of a Thai.

You could also apply for a 60 day extension of your current permit to stay  to visit your child and then the one year extension.

[Kenny202]

Well the upshot of it all was you were right Joe. Spoke to immigration today lady said we need to legitimize the birth either by marriage or by court. I told her I asked the other lady (The boss) 3 months ago if a birth certificate was ok and she just laughed (as if the other lady was an idiot). She told me sorry, the woman had told other people that too and she had now been transferred to Head Office. 

 

So all is not lost. Apparently my last day of my current extension expiry I go in. They give me a 2 month extension. She did state this 2 month extension was a one off deal only. That gives me plenty of time to either have my son legitimized or transfer the 800k in the bank for the required 90 days and extend my retirement visa. Thanks everyone for the feedbakck