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Answered6 years ago

Can you switch from a tourist visa to a Guardian visa in Thailand, and is it legal to work on a Guardian visa?

Serena ***************
asked Apr 14, 2021
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Hello just enquiring about the Guardian visa and how it works, can you enter on a tourist visa and then switch to Guardian visa? Is it legal to work on Guardian visa? Thanks in advance
Answer summary
The Guardian visa in Thailand allows an individual to support and care for a foreign child residing in the country. You can enter Thailand on a tourist visa or visa exemption and subsequently apply for a 90-day Non-O visa based on the condition of raising a foreign child. To qualify, the applicant must have at least 500,000 baht in a Thai bank account under their name, and the child must hold a valid visa, typically an education visa. Regarding employment on a Guardian visa, it's uncertain; while some claim it is legal, the Ministry of Labour is the authority that issues work permits and ultimately determines eligibility for work.
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Tod *********
Tod *********
Now as far as "is it legal to work on a visa/extension based on supporting a foreign child" the jury is out on that. Some people say yes, some say no, BUT the place you ask is the Ministry of Labour <-the people who issue work permits. IF they allow you to get a work permit, then you can work on that visa/extension, if they don't, you can't
Tod *********
Tod *********
Okay you could indeed come in on a visa exempt or tourist visa entry and apply for a 90 day Non-O based on raising a foreign child here

You need to have 500K baht in a thai bank account in your name only AND your child needs to be on a valid visa (usually an education visa).
Serena ***************
Serena ***************
OP
@Tod ********
thank you, very helpful. Is it only 90 days extension at a time? Any chance to get something longer?
Tod *********
Tod *********
@Serena **************
nope it's not an extension you'd be applying for a 90 day non-Immigrant Type O visa based on raising a foreign child, you'd show that the funds were transferred into the country from abroad, you'd apply for the visa, you'd wait the 2 weeks under consideration period, then go back and get the Non-O visa and a new 90 day stamp inked into your passport

Once you had 30 days or less left on that new stamp you'd go back and apply for a year extension (by showing that the 500K baht was in the bank for 30 days before you apply for the extension)
Serena ***************
Serena ***************
OP
@Tod ********
ok great! Thank you. You are a wealth of knowledge 🙏🏽
Benjamin ******
Benjamin ******
I'm curious, what is it that you're calling a "Guardian Visa"? Can you expand on what's going on?
Serena ***************
Serena ***************
OP
@Benjamin *****
I read about the possibility to get a visa as a parent if you have your child (non Thai) enrolled in a school in Thailand. I thought it was called Guardian visa but could be called something else

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