Answered5 years ago

What are visa options for a defacto couple with a Thai child retiring to Thailand post-COVID?

Visa Options Retirement Visa Non-Immigrant Visa Thai Birth Certificate Parental Rights Defacto Relationships

Sam ******

asked Jun 5, 2021

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Hi Scholars, 

 Asking on behalf of a friend who is currently living in Australia. 

 A Thai friend with her Australian defector husband and their 7 year old child are wishing to (post covid) retire to Thailand. 

What is his visa options... other than the Non-Immigrant OA Retirement Visa? 

They have already required the Thai birth certificate of their daughter from Thai Embassy Canberra.

Thank you.

Answer summary

A Thai friend living in Australia with her non-married partner and their 7-year-old child is seeking alternatives to the Non-Immigrant OA Retirement Visa for their retirement in Thailand. Suggestions include a Non-O visa based on being a parent of a Thai child, which can initially be obtained as a 90-day visa at a Thai consulate. After arrival, they need to register their child in a Thai house book and may seek legal parental rights through local authorities or family court.

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Ellie *******

Or would non-o (without A) being over 50/pensioner/retirement be able to be another option for him? Maybe while he is getting parental right.

Though this depends on actual reason for op’s friend to except non-OA

5 years ago

Sam ******

@Ellie ******

I not sure how

"health insurance" play's a role in all these visa applications but it something their trying to avoid.

Which I can understand.

I suppose they're checking out options.

Thank you 🙂

5 years ago

Ellie *******

@S**

, to apply for Non-OA in your country, one of the requirements is health insurance with specific conditions. And later, if you want to apply for a yearly extension in Thailand off from the Non-OA entry, you will need specific insurance from one of gov approved "Thai" insurance companies. This is only for Non-OA. Some are happy with this they want insurance anyway. Some are not happy with this because they have much better insurance from their own country so no need for extra insurance from Thailand company.

This insurance requirement is only for Non-OA. If you get Non-O (retirement), these insurance requirement is not applied.

5 years ago

Sam ******

@Ellie ******

Thank you 🙂

5 years ago

Tod *********

Okay

@Sam *****

now that we sussed out what's what and understood what the word "defector" meant (defacto <- as in not married :P )

The person in question could get a 90 day Non-O visa based on being the parent of a thai child at a thai consulate BEFORE they wing their way here.

Then once they're here,they need to get the child registered in a thai house book, THEN they need to get to the local Amphur and see if they can get granted legal parental rights that way (versus taking 6 months for an uncontested case to get thru family court).

They will be unable to get anything but a 60 day visit thai family extension inside the country without parental rights being granted via the Amphur or family court.

5 years ago

Sam ******

@Tod ********

Sorry guys, It should have read as defacto.

My doing but "spell check didn't help" 555

Thanks again for your help and shall pass info on.

5 years ago

Sam ******

Thank you for the replies, the situation is a defacto relationship "non- married" with a 7 year child Aus/Thai Child.

5 years ago

James ********

@Sam *****

if you are the named Father of Thai child on the birth certificate you can obtain a Non O visa.

Following ASQ or your stay in Phuket go to the Thai Immigration office where you are living and ask for the list of requirements for the one year extension of stay based on your being the Father of the child Thai child.

You will need deposit of 400,000 in your name only in a Thai bank account to qualify for the one year extension of stay.

Has the fact that you are the father been recorded in the Amphur where you and Thai family live?

In a past posted reply by Tod Daniels....

"IF the child is born out of wedlock remember that 100% of the parental rights is the mother's and while the father can get a Non-O visa from a thai consulate in their country and a 60 day visit thai family extension with just their name on the birth certificate, unless they go thru family court or the child is old enough to pick out the father at the amphur and answer questions (usually between 6 and 8 y/o) they're not gonna get a year extension based on raising a half thai child"

5 years ago