Answered6 years ago

What Are My Options for Visa Extension with Parental Status in Thailand?

Non O Visa Visa Extension Parental Rights

Ramon *******

asked Aug 2, 2020

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Hi. Hope all is well and wish to know what options you think I have based on my status.

Arrived on non O parent to Thai, Jan . Expired April. Got 60 day extension on 14 April ( thinking this was a big mistake) this expired in June and been on Amnesty since.

I am on birth certificate and my girlfriend would happily do whatever to get my parental status recognised here and whilst that is a good idea even if we did that and met all other requirements, we may not get 1 year non O based on child due to not being on a live visa or extension?

Answer summary

The poster is seeking guidance on visa options after overstaying a Non-O visa in Thailand, in relation to being listed on their child's birth certificate. They wish to know if acquiring legal parental status would allow for a yearly Non-O visa extension. Community responses indicate that simply having one's name on the birth certificate is insufficient for parental rights, which must be established through marriage or legal court proceedings. Without these rights, the poster cannot obtain an extension based solely on the fact of being a parent to a Thai child.

13 repliesnewest first

Click comment and we will ask for your email, then OTP, then name.

Tod *********

At this time <- meaning as your status is NOW you cannot use the fact you're the father of a half thai child as a reason to get a yearly extension because the child was born out of wedlock and you did not go thru family court to get granted legal parental rights :/ Unfortunately having your name on the birth certificate is not enough. Your first step would be for you and the child's mother to contact family court to see how to begin the process of getting granted parental rights. It is mostly a waiting game and I have seen uncontested cases (where the mother is okay with the process) take as little as 6 months to get thru the system.

OR

the only other option you might have (totally dependent on the Amphur where you live) is to take your child, the child's mother and go to the local Amphur to see if the child is old enough for them to grant parental rights on the spot (most Amphurs require the child to be between 6 and 8 y/o) BUT that's totally amphur specific.

You aren't gonna get any long term extension based on being the father of a thai child until you have parental rights.

As most of this answer wasn't really thai VISA specific I'm closing the post and if the O/P has questions or wants it re-opened they can message me.

6 years ago

Ramon *******

I did respond with valid content. Was removed without any valid reason. Sorry. Did try, seems odd but maybe I chose the wrong time

Will check which mods are active on future.

6 years ago

Ramon *******

Fair enough Robert I understand but it is actually a route to a visa so it is very valuable content, especially whilst borders are closed and preventing the visa processes. But I understand now

Thanks.

6 years ago

Robert *******

The validity you can read in the description of this page:

The page is named Thai Visa Advise, so please keep your questions Thai Visa related, if your question is not related, your topic may get closed to commenting or deleted, (with a comment why it was closed).

6 years ago

Robert *******

I will do it in public:

Sorry, but this page is for Visa advice,

we can not help you with court procedures about custody

6 years ago

Ellie *******

I guess you can check with your local immigration if they let you extend on amnesty but entry for the same reason.

In case you get parental rights through the court, your extension would be based on having half a Thai child. You already had a visa for the same reason. You don't need to convert the type of visa (which you need a hard stamp).

6 years ago

Ramon *******

Hi let me clarify in the main thread your advice just so it's super clear for me and anyone else reading. Appreciated

6 years ago

Ramon *******

As mentioned she is my GF we know all requirements but even if we have them whilst on no live visa/extension the non O 1 year may not be granted?

6 years ago

Ramon *******

Extension of Stay. EOS.

6 years ago

Ramon *******

You mean EOS based on anything not just marriage, right?

6 years ago

Benjamin ******

@Ramon ******

What's an EOS?

6 years ago

Benjamin ******

> on no live visa/extension the non O 1 year may not be granted

We don't know if you need a "live" stamp to go on an extension of stay based on marriage. The new amnesty starts tomorrow, so nobody tried getting an extension of stay based on marriage off an amnesty yet.

6 years ago

Benjamin ******

Granting parental status requires either going through the court, or through marriage. If you are legally married to your child's mother, then parental rights are granted automatically, retroactively I believe.

If you two are married, then you *MAY* be able to get an extension of stay based on marriage to a Thai national. This requires having 400K THB in a Thai bank account, in your name, for two months.

6 years ago