What are the visa options for an Australian expat in Phuket married to a Thai national with children?

Custodian Visa Thai Marriage Visa Retirement Visa Visa Requirements Thailand Joint Custody Phuket Immigration Expat Visa Options Thai Child Visa

Mar 27, 2024

8 months ago

KO ********

ORIGINAL POSTER

Sorry if a bit long winded. Looking for some advice. I’m Australian, over 50 and married to a Thai, although the marriage is not registered here. We have 2 kids, 1/2 Thai, one lives here in Phuket with my wife. I am currently in Phuket. 

I was incorrectly led to believe i could get a guardian visa and my child’s school prepared the paperwork, but a guardian visa hangs off the kid’s (Ed, I assume)visa, and since he is a Thai citizen he does not have a visa. 

I was then told I need to apply for a Custodian to a Thai Child visa, but on closer inspection the requirements list I was given by Phuket immi says the foreigner must have sole custody of the child. A copy of what I was given is attached as a photo. 

1. Does this visa really only work if sole custody? Is there a joint custody equivalent?

2. Given my circumstances (over 50 and married to a Thai) are retirement and married the only options I have (ignoring Elite, Ed and Ltr for now)? And if so which is best/easiest? 

I feel exhausted after a long hot day at HKT immi, where they also reminded me I have ‘too many’ stamps in my passport.

Thanks for kind advice. Cheers, KO

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TLDR : Answer Summary

The post discusses the complexities of visa options for an Australian expat in Phuket who is married to a Thai national with two children, one of whom is a Thai citizen. The user initially sought a guardian visa but discovered it required sole custody, leading to confusion about a Custodian Visa. Comments suggest that registration of the marriage in Thailand could simplify matters, while alternatives like Retirement Visas (requiring 800k THB) or applying for a Thai Child Visa may also be viable depending on custody arrangements. The user seeks clarity on the requirements and processes within Thailand's immigration framework.

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Bill ********

I am still trying to figure what your goal is? Having a child or being married to a Thai dont mean squat in Thailand. A Farang is a farang is a farang get use to it.

8 months ago

Dan ********

@Bill *******

well it does Bill. Some can get visas off it

8 months ago

Reply to

Dan ********

Mark ********

Yes you can get that visa, I'm on it now, have been for years.

Sole custody is only required if you are not married to the mother, if married no need for that.

Overseas marriage may well complicate things, would be easier if you did the formal marriage paperwork at local Amphur. Takes an hour and a few hundred baht.

Requirements are very similar to marriage visa, main advantage of Thai child visa is you don't need to cancel it the same day if get divorced. Since you will likely need to register the marriage in Thailand either way both options could be available to you.

Disclaimer: Every immigration department interprets rules differently so my experience in Pattaya may not apply in Phuket. Also been advised by multiple people (but not tested yet) that Krabi don't even care about having any custody even if divorced.

8 months ago

KO ********

ORIGINAL POSTER

@Mark *******

Thanks Mark. Fingers crossed it works in Phuket. I’ll bet getting the foreign marriage registered next week. Really appreciate your response.

8 months ago

Reply to

KO ********

Daniele ***********

Get the marriage registered or get retirement extension with 800k deposit are both easy solutions.

Anyway, I'm also following to know what are the visa options for a parent of Thai child, if not married and under 50

8 months ago

KO ********

ORIGINAL POSTER

@Daniele **********

yep, organising the marriage paperwork asap.

8 months ago

Reply to

KO ********

Steve *******

You need to go through the Courts to obtain sole custody of your half Thai child in order to obtain a 1 year extention of stay/visa based on being the childs guardian

8 months ago

KO ********

ORIGINAL POSTER

@Steve ******

thanks Steve, but I’m not looking for sole custody. Was hoping there is a visa that allows me to stay based on joint custody. Cheers

8 months ago

Reply to

KO ********

Chris *******

Retirement is the easiest to do if you have the 800k.

Simple actually.

Custodian, you must be named on the birth certificate Firstly.

50% custody can be considered by Phuket immigration but is not the norm.

Depending on the age of the child.

Under 7 requires court papers and they will consider 50% custody as long as the child resides in the same area.

If the child is over 7, you may be able to use a letter from your local amphur giving you the 50% custody.

You cannot live here and child in Isaan.

It is of course at the discretion of the officer you are in front of and you may need a Thai witness or the mother there too.

8 months ago

Daniele ***********

@Chris ******

any other options for parent of thai child if not married and under 50? 1 year multi entry visa is possible?

8 months ago

Chris *******

@Daniele **********

No

BUT you could do a 60 day tourist visa from your home or nearby embassy,

Then extend once for 30 days local immigration

Then apply for 60 day visit Thai family at local immigration , allowed 1x per entry.

That's 5 months without having to leave.

** providing you have proof of relationship-

birth certificate,

marriage certificate etc.

8 months ago

Daniele ***********

@Chris ******

would it be possible to get a non-o visa 3 months or 1 year with 50% custody?

8 months ago

Chris *******

@Daniele **********

my earlier reply is the same.

IF you have the required papers it is possible they will consider it.

Bit it is not the norm.

8 months ago

Reply to

Chris *******

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