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Can I buy property and live in Thailand without visa issues if I have a Thai citizen child?
Thai Property OwnershipThailand Visa RulesChild CustodyThai Citizen ChildExpats in ThailandForeign Ownership of Land
Nov 20, 2024
a year ago
David **********
ORIGINAL POSTERDivorced UK guy to a Thai Lady. Married Thailand. Divorced UK. Have one child 13yrs old. Born Thailand so has both Thai and UK passports. Boy lives with me solely through UK Court Order. Question - With having a Thai Citizen Child, can I buy property there and live there with no Visa Issues ?
TLDR : Answer Summary
The user, a divorced UK man with a Thai citizen child, inquires about his ability to buy property and reside in Thailand without encountering visa issues. Comments reveal that as a foreigner, he cannot directly own land; however, he can have property registered in his child's name. To live in Thailand legally, he must obtain the appropriate visa, which can be obtained based on having a Thai child, but requires his recognition as a father in Thailand, separate from a UK court order. There are legal considerations regarding custody and travel with the child, highlighting the complexities of international family law in Thailand.
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Peter *********
Big No
David **********
ORIGINAL POSTERPresume the 2 of us can enter and leave Thailand on Myself and Childs UK Passport whenever we want. His Thai Passport which is with me, has lapsed and needs renewing. Easy to renew his UK Passport in UK WITHOUT consent of his Mother because i have Court Order stating I have FULL CUSTODY. All Original Birth Certificates and Marriage Certificates in Thai and English ( Certified ) stay with me.
John **********
You should be able to put land in the child’s name without difficulty. Protect your rights to anything built on the land, consult a lawyer and do it right if it’s a concern at all that you might have issues to deal with later. Hang on to the physical land deed, it’s harder for the land to get transferred out from under you without it. Whatever visa you may have is unrelated to land ownership, but remember you don’t own it, the kid does.
Be aware that it requires both parents permission (there’s a form for that) to remove a Thai minor from the country, even to get a passport or foreign visa requires both parents permission. Although in theory your parental custody rights are valid in Thailand, if the ex wife wants to make difficult, she’s more likely to be able to do so in Thailand.
Be aware that it requires both parents permission (there’s a form for that) to remove a Thai minor from the country, even to get a passport or foreign visa requires both parents permission. Although in theory your parental custody rights are valid in Thailand, if the ex wife wants to make difficult, she’s more likely to be able to do so in Thailand.
David **********
ORIGINAL POSTER@John *********
One Negative thought is - If I take the Child back to Thailand and she finds out could she, theoretically being the Childs mother stop him from leaving the country even if i take all UK Court Custody papers with me ?Reply to
David **********
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Michael *********
Your son can own land/property & you can gain a visa based upon having a thai child dependent, banked funds are required, I’m not sure 100% of the amount, but I believe it’s 400k bht. I’m sure other more enlightened members can assist 😊
Peter **********
maybe he can when old enough
Chris *******
@Peter *********
I wonder where the mother is, as there is a court order in place it makes me think she is in the uk, you should get advice from a solicitor as I doubt you would be able to take the kid out the country without the mothers permission whether he is duel citizen or notDavid **********
ORIGINAL POSTER@Chris ******
Mother is in UK. and has no intentions of leaving. Lad leaves school at nearly 16. Think could make the move then. Your correct at moment. Courts state can leave the country without consent from other parent for up to 28 days at a time.Reply to
David **********
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Markus *****************
@Peter *********
any Thai passport or ID holder can own the land - also children canReply to
Markus *****************
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Brandon ************
No and No.
You are a foreigner, you cannot own land. Ever.
You can get a visa, but you are not entitled to one. You must be recognized as the father IN THAILAND, your UK court order isn't relevant. If you were married when the child was born and your name is on the birth certificate, then you should be able to apply for the visa. But if you were not married when the child was born you will have to become recognized first.
You are a foreigner, you cannot own land. Ever.
You can get a visa, but you are not entitled to one. You must be recognized as the father IN THAILAND, your UK court order isn't relevant. If you were married when the child was born and your name is on the birth certificate, then you should be able to apply for the visa. But if you were not married when the child was born you will have to become recognized first.
David **********
ORIGINAL POSTER@Brandon ***********
The child got BOTH passports within 6 weeks of being born. We got married when the child was 14 months old in order for the wife to move to UK. Ended up - British Citezenship / Passport was more important than her child. My name was on Birth Certificate the day of birth. I was there. Have ALL original Certificates stay with me in Thai and EnglishCraig ********
and again none of this matters until you are recognized legally as the child's father in Thailand.. and since you were not married at birth, you need a lawyer to fix that
Brandon ************
@Craig *******
It's my understanding that the process to be recognized is much easier when the child is older, since they can basically confirm that he's the father. When the child is an infant it has to be done through the courts, but I can't remember what the process is for older children. Maybe it was the amphur? Or another government office? Definitely outside my knowledge.David **********
ORIGINAL POSTER@Brandon ***********
Was Amphur I Thung Song, Nakon is Tammarat. South of Thailand.Craig ********
@Brandon ***********
it kind of sounds like if the mother is there to give conscent you don't need a court even if the child is an infant... but then again, it's Thailand it's probably up to the particular office and officer you visit? Who knows... i'd ask a couple lawyers.David **********
ORIGINAL POSTER@Craig *******
Moved to UK permanently as soon as married and Marriage Visa was issued. Had to wait 5 yrs for her UK Citizenship then walked away leaving me with child. She still in UK. No intention of going back Thailand. Was only wondering if Myself and Thai teenager could have a life in Thailand. Funds are there. Didnt want get married but no option with Home Office. Drew up pre-nup in Thailand BEFORE marriage to part cover myself from Capital loss.Craig ********
@David *********
then you may need a lawyer to fix it all up for you. Certainly possible, just how much hassle is unclear.It sounds like yes very much you can do what you want, buy property in your child's name and live in thailand. You'll be doing yearly extensions to a visa and 90 day reports and all that, and you can't sell or mortgage the property... but you can do it I think
Talk to some attorneys
Craig ********
@Brandon ***********
Yes i think you're right, and also it's possible that as long as the marriage was registered that might actually be enough... at least according to chatgpt. It gets stuff wrong a lot but it still knows more than me about this subject. Obviously you want legal council on this I would think... anywayReply to
Craig ********
Reply
Craig ********
@David *********
chatgpt is sometimes wrong about things like this... but this is what it says:Markus *****************
@David *********
look into your private messenger - I explain you how things areBrandon ************
@David *********
None of that matters. The ONLY thing that matters is if you were married when the child was born. If not, then you have to get parental rights recognized in Thailand before you can get a visa based on being that child's father. I believe it's easier now that the child is a teenager, and you don't have to go through the courts which can take months. But I'm not 100% sure on the process.กาเลน *****
@Brandon ***********
Is there an age limit whereby a child can be used as a dependent for non-o visa application? For instance if the child is over the age of 18 they may no longer be considered a dependent of the father.Brandon ************
@กาเลน ****
I think up to 19. 20 is the age they are considered adults in ThailandSteve *******
@Brandon ***********
You can get the 90 days Non Imm O visa with just your name on the Thai birth certificate, you just can't get the 1 year extention of stay without going through the Thai courts.Craig ********
@Brandon ***********
yes this is exactly correct. If you were not married when the child was born you must use the Thai court system to become the recognized father legally in Thailand.As for owning land this may actually be possible depending on the law, which I am not an expert in. Consult with a good attorney and this might be possible. You can probably gift the child money, and if you are a legal guardian of his estate then perhaps you can buy land for him? I don't know it's an interesting question actually I'd love to know more.
Reply to
Craig ********
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Duncanc **********
Your child can
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Duncanc **********
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