Answered3 years ago

Can a 6-year-old Australian child apply for a NON-IMMIGRANT VISA TYPE O under his New Zealand father's application in Thailand?

NON-O Visa Child Visa Thailand Immigration Visa Application Process Expat Visa Rules Family Visa

Nicola *******

asked Sep 4, 2023

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Does anyone know if a child (6 years old Australian passport) can fall under his fathers (New Zealand passport)  application for a NON-IMMIGRANT VISA TYPE O based on the fact that the father also has a Thai child (family visa).

Neither father nor 6year old are in Thailand yet.  So the correct visas can be obtained outside Thailand  or is it easiest to first arrive on tourist visa and then change over.  Do they both need to arrive together ie same flight/date etc?

He is getting conflicting information about child visa/overstay etc for 6 year old. 

Any help would be greatly appreciated. Thanks

Answer summary

A 6-year-old child holding an Australian passport cannot apply for a NON-IMMIGRANT VISA TYPE O under his father's application (New Zealand passport) unless the father has legal long-term residency in Thailand or is a direct dependent of a Thai national. Instead, the child may need to apply for a Non-Immigrant ED visa for schooling purposes. The father and child do not need to arrive together in Thailand, but care should be taken regarding the regulations for minors traveling alone. Additionally, while children under 15 may not incur fines for overstaying, they would still receive an overstay stamp.

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Robert *******

If you want to stay long term with your child in Thailand, at the age of 6 the child needs to go to school. Contact a school and apply with documents for the Non Immigrant ED visa for the child.

Every foreigner needs a visa, that there is no fine for children until 15 years of age, does not change the rule.

3 years ago

Nicola *******

@Robert ******

Thanks. Child will be home schooled so not really wanting to enrol them in a school

3 years ago

Tod *********

@Nicola ******

then just let them overstay, as people pointed out children under 15 can't be fined for overstay and children under 18 can't be banned

3 years ago

Ellie *******

No, he cannot.

Non-O being dependent (family members) can be issued only when you are a direct dependent on a Thai national or a foreigner with a legal long-term stay on their own in Thailand. (so-called no visa for a dependent on another dependent)

As visa-wise, they don't need to fly into Thailand together, but you need to check regulations for minors travelling alone. (This part is not really Thai visa related)

Under 15 years old will be waived the fine for overstaying, but they will still get an overstay stamp on their passport. He cannot get/change to a proper visa while being on overstay (means staying in Thailand illegally).

3 years ago