What are my options for staying in Thailand with my half-Thai daughter and girlfriend after losing my job?

Oct 30, 2017
7 years ago
Robin **********
ORIGINAL POSTER
I was hopping some one can help me with this.

I have just had a baby daughter half Thai half English, and unfortunately I have just lost my job in Thailand, my 3 month visa will expire on the 25/11.

We are not married yet and have to do this in the uk first.

Does anyone have any advise they can give me on how to stay with my daughter and girlfriend it's unlikely I will find a new job and visa in 3 weeks.
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TLDR : Answer Summary
A person recently had a baby daughter in Thailand but has lost their job, causing concern about visa expiration and the ability to remain with their partner and child. They are exploring options such as applying for a Non-O visa based on having a child with a Thai citizen, extending a tourist visa, and considering marriage either in Thailand or the UK. Discussions reveal various visa types, necessary financial documentation, potential family court rulings for custody, and steps to secure legal rights as a parent.
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Lloyd ********
Consider this a gentle warning Michael Mersi , stop posting incorrect info. :-)
Robert ********
It can be really complicated at times....
Johnsuma ******
Do not need to go uk for that. Civil mariage MUST be performed in Thailand, later you can advise your ambassy to recognise it but its not compulsory.
Tino ************
I believe have to go family court first, to get 50% custody of child, since birth certificate is not alone enough, that is if applying for a 1 year extension after.
Tod *********
that is correct, but as I said they could get 90 day single entry Non-O visas from most thai consulates in the area without financial requirements or the decree from family court.
Tracy **********
you can do a tourist and extend it by months
Declan *****************
Sent pm
Robin **********
ORIGINAL POSTER
There all possibilities thank you, going to see a visa person in Bkk, tomorrow, it's all complicated.

We have to be married in the uk for money family and legal issues first. We were planning on getting a marriage visa to the uk ASAP.

And then on to making a move on to the uk more permanently.

But not having the work permit is going to haunt all this.

It's a complicated situation there is a step child involved as well.
Martin ******
Henry's information is sound.
Mark ********
Correct, but the OP mentioned settlement and fiancee visa would be the appropriate option if not planning to return to Thailand
Henry *********
@Mark *******
She can get a Marriage Visitor visa which allows her to get married in the UK, but then she has to return to Thailand. My wife had this visa.
Mark ********
You can apply for a fiancee visa which permits your partner to travel to the UK for the purposes of marriage. If she comes on a visitor (tourist) visa, you won't be able to get married as most places are required by law to check as to visa validity
Keith **********
My son has been through the visitors visa for marriage then the settlement visa for his wife who is from California. It was long, costly and extremely frustrating experience. But successful in the end
Robin **********
ORIGINAL POSTER
Thank you
Henry *********
Contact
@Paul *******
for professional advice.
Henry *********
I think so. If you can prove you have been in a proper relationship for 2+ years. Settlement visas take a long time though, and you'll need the English test certificate and TB test before you apply.
Robin **********
ORIGINAL POSTER
Could I get her to the uk permanently now without being married, I'm have not been working I the uk for over 2 years but I have a private income in the U.K. And savings
Henry *********
I've done a UK Marriage Visitor visa as I married my wife in the UK, so feel free to PM me.
Robin **********
ORIGINAL POSTER
Yes Henry that's the visa I'm talking about.
Henry *********
If there is a child too, and the child is not British, the financial requirements are higher.
Henry *********
There's no such thing as a UK Marriage visa. She can apply for a UK Marriage Visitor visa which allows her to marry in the UK but she has to return to Thailand. Alternatively she can apply for a settlement visa which means she can stay in the UK but for this you will need to meet the financial requirements (salary of at least £18,600, earned for 6 months before applying, or savings of £65,000). For this visa she would also need to pass the A1 English test, get a TB test and pay the NHS surcharge.
Michael ********
Or do nothing related to the kid, go to Vientiane, get a 60 day tourist and extend for 30 days at immigration :)
Michael ********
Sweet...!!! :) Winning :)
Tod *********
And he could extend the tourist visas 60 day stamp by another 60 days based on visiting family at the immigration office too!

At some offices if you're on a tourist visa, they let you extend it 30 days and then again for 60 based on visiting family :O
Tod *********
You certainly don't have to wait to get married in the UK :/ You can go to your consulate get the affidavit of freedom to marry, get it translated, get it certified by the MFA and get married as soon as you want to.
Tod *********
Unless I'm wrong both Vientiane and Savannakhet will issue you a 90 day single entry Non-O without financial proof with minimal documentation.

Penang won't do it without financial proof but I thought it was only 100K or 200K in the bank not the 400K needed for supporting a half thai child like immigration requires inside the country.
Tod *********
you can get a 60 day visit family extension for 1900baht with the birth certificate, the mothers thai i/d and her house book listing it doesn't require any financials. That buys you some time to sort things out.

The only visa you're gonna get from the thai consulates around here without proof of financials are 90 day single entry Non-O's. They'd be good for 90 days when you entered and you could get the 60 day visit family extension on top of that. That buys you 5 months each visa until you can sort out your financials to get an in country extensions of stay.
Glen-do **********
@Tod ********
is the man to ask
Robin **********
ORIGINAL POSTER
Have heard that only gives me 3 months and I need 400,000 bht,

Thank for your quick assistance, this hell were going through, she was born a week ago meant to go back to work today and told not to come in, not even been paid for the month.
Mike ********
Michael Mersi a DNA test could be necessary to prove paternity but doesn't give you parental rights to a baby born out of wedlock in thailand only a court order can do that.

This applies to Thais as well as foreigners
Mike ********
Go to the labor board if they don't pay up.
Jordan ********
I would say savannaket is best for Non O
Michael ********
OK I thought he was looking at a visa in country to solve his issue. Good that there is an option that does not require 400k in the bank :). Vientiane is usually the easiest for most types of visas with minimal paperwork. If he was worried he could go to a visa agent and get them to sort out the easiest option for him perhaps.
Tod *********
@Michael *******
That is not quite correct :/

The 400K baht is required to get a yearly extension of stay at the immigration office based on supporting a half-thai child.

It is NOT always required to get a 90 day Non-O visa at a thai consulate.

You always need to check the specific thai consulate you're applying at to see what the requirements are.
Michael ********
Yes 400k is required for dependant O visa.
Duncan *******
sorry to hear that. Ive never heard of a financial requirement on that visa subclass vs a retirement visa but I'm no expert. I'll let others comment, best of luck to you.
Duncan *******
@Tod ********
will give you the details but essentially if you are on the birth certificate (legally recognized as a parent) there's a Non-Imm O option if you have a child here.
Mike ********
@Michael **********
just an extra step. Thai law gives 100% parental rights to the mother if the parents are not married at birth.
Michael ***********
I see, having a baby born out of wedlock makes it more complicate... Thanks for the explanations :)
Mike ********
The baby was born out of wedlock you must petition the court and go through a legal proceeding to have the baby Declared your legal dependent. Getting married after the birth does not automatically make them your legal child in Thailand. A few steps & interviews but not too complicated.

I used an attorney to do mine takes months to get it done. Afterwards you can get a dependent visa. Pretty much same requirements and procedures as a marriage visa.

Married or dependent requires 400K in the bank or equivalent income. Either in thailand or abroad. You can combine multiple income streams for the income requirement but you cannot combine money in the bank with income as you can with a retirement visa.

Either way you need to get a new non O as stated above you can get a 90 day non O then get a 60 day family extension should be enough time to sort out a long stay visa. Marriage will be quicker than dependent.
Tod *********
Michael, &
@Mic****
, when you have a child with a thai woman out of wedlock you are not granted ANY parental rights as the father. It doesn't matter if your name is on the birth certificate, if you get a passport for that child in your country etc. You still have NO parental rights in thailand as the father. You have to go thru family court to get them granted. Without that you cannot use the child to secure a long term extension of stay inside the country at the immigration office.

That was one of the reasons I was telling them to get a 90 day Non-O at a thai consulate in another country and then get the 60 day family extensions too. The consulates do not require the decree from family court to issue a Non-O based on support of a half thai child.
Michael ***********
Do you know more about this? Would love to hear more details.
Lloyd ********
Being on the birth certificate does NOT make you a legitimate parent.
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