Can I obtain a Non-O visa in Thailand for my adopted Thai son?

Apr 25, 2023
2 years ago
Kelli **********
ORIGINAL POSTER
I have an adopted Thai son, age 6, and I have been told by a lawyer that I can get a Non-O dependent visa with a Thai family member. Today I was unsuccessful, and told this visa is not available in adoption circumstances. They said I had all the correct paperwork, but they do not give this visa for adoptions.

Does anyone have any experience with this, or know if for some reason the law has changed? All official websites still say this is a possible Non-O visa—with a Thai dependent through adoption. Right now I have enough time to do it in-country, or I am willing to leave the country and apply nearby. But I am curious if anyone has experience with this type of visa.
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TLDR : Answer Summary
A user is seeking advice on obtaining a Non-O visa in Thailand for their adopted Thai son. After being informed by a lawyer that such a visa should be possible, they were denied by the immigration office, which stated that the visa is not available in adoption circumstances. Despite having proper documentation, the user is unsure if there have been recent changes in the law regarding this visa type. Other users have provided suggestions, including contacting the Thai Consulate nearby and checking details with the immigration visa hotline, but the general consensus is that the immigration office in Bangkok appears to be inflexible on this issue.
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Tod *********
and on that note we are done,

Good luck
@Kelli *********
CHECK your message requests as I'd messaged you about your post earlier this morning..
Neo ************
They are really picky regarding child visa in any case. Have you tried to call the immigration visa hotline? Ask them what is real law and why you are denied. If the child is yours according to court in Thailand I do not see the issue as well. You could take immigration to court or try to talk to a supervisor.
Kelli **********
ORIGINAL POSTER
@Anders ************
what is the immigration visa hotline? I’d be willing to try. The adoption is completely finished, done through the Thai child welfare department and approved by Thai courts, so it feels like I should be able to show the evidence needed.
Neo ************
@Kelli *********
0-2141-9889 , 081-412-9180

สายด่วน 1178

*******************************
Robert *******
Just looked at the Immigration website to confirm myself.

To convert to the Non Immigrant O visa might be a problem as Tod described, but for the 1 year Extension of Stay the rules are clearly written:
Cliff *********
Tod Daniels thank you for your extensive research.
Tod *********
sorry Kelli, i accidentally deleted your post 😮 I put it back and I messaged you about it too, my apologies for deleting it
Tod *********
Now as far as whether you can go to a thai consulate in a nearby country and get the 90 day Non-O visa based on adoption, you're gonna hafta start pounding the phones and calling them to see

Another thing to keep in mind, is

IF your immigration office was unwilling to issue the Non-O visa (if they even have authority TO issue in country Non-O's at all) I think if you manage to get the 90 day Non-O outside the country you're gonna run into the same brick wall trying to get the year extension at your local office from it..

you might call the thai consulate in Penang, they USED to issue a year-long, multi-entry Non-O visa based on supporting a thai child (the ONLY consulate in the area that offered it) and you had to only show 200K baht in the bank (not the 400K baht required in country)

Now on that visa you'd have to bounce out and back every 90 days to activate a new entry but that'd give you 15 months of stay (actually 17 months if you took the 60 day visit family extension on the last 90 day entry 🙂
Tod *********
I looked thru the police orders allowing visas/extensions inside the country and could find NOTHING that prohibits you getting a 90 day Non-O and then the year extension after that.

Just curious what stamp/extension are you on now and what was the previous entry/stay history in your passport <- that can have an effect on things too
Kelli **********
ORIGINAL POSTER
@Tod ********
to clarify, I had to get out of the country to get off my husbands visa—I have followed him on his Non-O for the past 12 years
Tod *********
@Kelli *********
okay, so you were on a piggy back extension based on marriage to a foreigner who is on a long stay visa/extension (trailing spouse)

Then you bounced out and back to get a new visa exempt entry

Then, because you live IN bangkok (with the TM30 receipt/lease, bank book, letter, photos, map, etc) you tried to apply for the in country 90 day Non-O visa based on being the parent of a thai child by showing the 400K baht in a thai bank account in your name only at Section C-1 with more than 15 days left on your current stamp?

BUT

They said they couldn't issue you a Non-O visa based on having an adopted thai child

right?
Kelli **********
ORIGINAL POSTER
Tod *********
@Kelli *********
😕 that is indeed unfortunate . .. BUT if that's who denied you (section C-1 <- the ONLY section at Chaengwattana that issues in country Non-Immigrant type visas) you're done trying to push this rope in bangkok..

You choice is to contact consulates in the nearby area <- by that I mean CALL THEM, and see if you can pull a 90 day single entry Non-O based on having an adopted thai child..
Tod *********
@Kelli *********
𝗧𝗵𝗲𝘆 𝘀𝗽𝗲𝗰𝗶𝗳𝗶𝗰𝗮𝗹𝗹𝘆 𝘀𝗮𝗶𝗱 𝘆𝗲𝘀𝘁𝗲𝗿𝗱𝗮𝘆 𝗶𝘁 𝘄𝗮𝘀 𝗯𝗲𝗰𝗮𝘂𝘀𝗲 𝘆𝗼𝘂 𝗰𝗮𝗻𝗻𝗼𝘁 𝗴𝗲𝘁 𝗮 𝗱𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝘁 𝘃𝗶𝘀𝗮 𝗼𝗻 𝗮𝗻 𝗮𝗱𝗼𝗽𝘁𝗲𝗱 𝗰𝗵𝗶𝗹𝗱, 𝗻𝗼𝘁 𝘁𝗵𝗮𝘁 𝘁𝗵𝗲 𝗽𝗿𝗼𝗯𝗹𝗲𝗺 𝘄𝗮𝘀 𝗰𝗼𝗻𝘃𝗲𝗿𝘁𝗶𝗻𝗴 𝗳𝗿𝗼𝗺 𝗻𝗼𝗻-𝗲𝘅𝗲𝗺𝗽𝘁 𝘁𝗼 𝗡𝗼𝗻-𝗢. <- umm going from a visa exempt entry to a non-O visa IS a "dependent visa" 🙁 so there's a lost in translation going on
Kelli **********
ORIGINAL POSTER
@Tod ********
I was trying to clarify they didn’t seem to have a problem with my current situation (you need this paperwork or a different entry, etc) as much as they said this visa isn’t possible.
Tod *********
@Kelli *********
right, they mean they can't issue the in country Non-O visa for that REASON (parent of an adopted thai child) 😕

Not that it's anything to do with your documentation or anything else.
Kelli **********
ORIGINAL POSTER
@Tod ********
I was previously in Mae Sot on a a different Non-O, for the past 12 years. Now we’ve relocated to Bangkok. I am currently on a non-exempt stamp, which I was told could be converted. So it was at Chaeng Wattana that I was told no. I can fly to Vientiane and try there, but I wanted to be sure it was still possible and not a change in law. They specifically said yesterday it was because you cannot get a dependent visa on an adopted child, not that the problem was converting from non-exempt to Non-O.
Trevor ********
@Tod ********
Thanks Tod for your excellent research again. I am in the process of adoption and wondered about this point too.
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