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Unanswered6 years ago

What are the options for obtaining a Non-O visa as a guardian of a foreign child under amnesty in Thailand?

Martina ***********
asked Sep 10, 2020
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Hi all!

Has anyone recently successfully obtained a non-o visa/extension of stay as guardian of a foreign child (that has valid Ed-extension of stay) from being under amnesty (entered in amnesty with a 30-days extension of a visa exemption =no proper visa/extension of stay)?

Immigration office: Chaeng Watthana

I hope I got the terminology right 😅

Thanks a lot!
Summary so far
The inquiry focuses on the difficulty of obtaining a Non-O visa or extension of stay in Thailand as a guardian of a foreign child who has an education-related extension of stay. The original poster is under amnesty after entering Thailand on a 30-day visa exemption and seeks clarification on their visa options and any recent success stories from individuals in a similar situation. Commenters provide a range of perspectives and share their experiences, indicating the complexities surrounding the visa application process, especially for cases involving amnesty and children's education.
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Tod *********
Tod *********
@Mar****
then you aren't applying for an extension :(

you need to apply for the Non-O visa FIRST,

and to do that you need 15 days left on your current stamp <- meaning you needed to apply by FRIDAY the 11th to have enough time on amnesty to get thru the "under consideration" period for the Non-O visa.

The only thing you might do is get the letter from your embassy asking for a 30 day extension based on being uable to travel, THEN take that to the immigration office and ask them IF you get that 30 day extension can they then process a 90 day non-Immigrant Type visa based on being the parent of a foreign child in school here by showing the 500K baht in a thai bank account in your name only transferred in from overseas.
Martina ***********
Martina ***********
OP
@Tod ********
yes I know we are seeking a first visa. IO officers told us “no” 3 times without even looking at the docs since March, so I know chances are super slim, was trying to see if there were any success stories
Tod *********
Tod *********
@Martina **********
they ONLY recently started accepting Non-Immigrant Type visa applications during THIS current amnesty. AND as I said you're past the last day you could apply. SO I think you have nothing to do but go for the 30 day embassy letter extension and then talk to the immigration officers
Martina ***********
Martina ***********
OP
@Tod ********
ok thanks.
Tod *********
Tod *********
@Martina **********
then you have no option but to go back out and talk to the immigration officers at the office you use this coming week, because your choice is GET the application in for a Non-O visa, use an embassy letter to get a 30 day extension, get a doctor/hospital letter and ask for a medical extension OR prepare to leave on or by the 26th of Sept
Martina ***********
Martina ***********
OP
@Tod ********
unfortunately the Italian embassy is not releasing any letters 😔
Tod *********
Tod *********
So when you last entered the country (BEFORE amnesty and before the country was locked down) what type of stamp/extension did they enter on? Were they already ON a yearly extension based on being the parent of a foreign child in school here (the one that requires 500K baht in a thai bank account in their name only for 3 months)?
Martina ***********
Martina ***********
OP
@Tod ********
no that’s the problem, last entrance was on 30-day visa exemption-for the parent. The kid is ok with his extension of stay.
Stuart *********
Stuart *********
Perhaps the next week or so may offer alternative solutions to those on amnesty, trying to get long term visas. Crystal ball has given up the ghost.
Stuart *********
Stuart *********
For Phuket at least (other immigration offices may differ) you cannot get a non-O guardian visa in country. It must be obtained from a embassy/consulate out of the country. Obviously that’s not possible these days without much hardship.
Ayla ***************
Ayla ***************
@Stuart ********
when we were at the Phuket Immi office on August 22nd they were refusing to process ANY visas at all- or offer any advice re: visas. They told everyone to come back on Sept 15th- despite the fact that all visa options will be very limited by then, and it will be chaos. 🙁
Ayla ***************
Ayla ***************
Sadly, we have not been able to obtain any extension visas from Phuket Immi for our foreign children attending an international school (entered on tourism visas, currently under amnesty, now attending school). We visited Phuket Immigration in August to attempt the process and were told to return on Sept 15th. It was our intention to then apply for Non-O and Guardian visas for ourselves.

We now have embassy letters and will approach Immi again on 15th to request Ed visas for our girls, and start the process for Guardian visas (I hope), but we will likely get the 30day embassy letter extension as an interim.
Benjamin ******
Benjamin ******
The OP has a different problem; the student has a valid extension of stay, but the OP doesn't, and they want to become legal.
Ayla ***************
Ayla ***************
@Benjamin *****
ah ok. Thank you- I’m confused by all the terminology-
Ayla ***************
Ayla ***************
I’m hopeful our girls will get the Ed visas soon, and then we will be in a similar situation to the OP so I’m following anyway!
Benjamin ******
Benjamin ******
I'm going to say that you can try, but I don't think it'll be successful :(

You'd be a trailing parent. According to the screenshot below, it looks like you, the parent, may have had to have entered Thailand on some type of Non Immigration visa (probably a Non-O visa). You'd also have to have 500K THB in a Thai savings account for three months as well.

But you'll be out of nothing for going to CW and asking for the handout (in case it's different)
Martina ***********
Martina ***********
OP
@Benjamin *****
thank you! We have it all and more... we tried already in March and April and it was not successful (officer did not even look at the documents, just said “no”). The parent has a history of 3 years of extension of stay as guardian of the same child but had a problem at renewal earlier this year - so was supposed to start the process again abroad but COVID happened...-

We are getting ready to try again, but was wondering if anybody was successful in this process at this stage...
Benjamin ******
Benjamin ******
@Martina **********
I'm going to leave this post open (as long as it doesn't go sideways), see if there's anyone who can chime in and would know.
Martina ***********
Martina ***********
OP
@Benjamin *****
ok thanks a lot!
Benjamin ******
Benjamin ******
Very interesting edge case. Before we begin, does the foreign child have a visa/ extension of stay, and if so, what type of visa/ extension of stay is it?
Martina ***********
Martina ***********
OP
@Benjamin *****
yes the child has a valid extension of stay based on education in an international school, valid until January 2021.

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