What visa options are available for a British mother with a Thai child in Thailand whose marriage visa has expired?

Jul 8, 2021
3 years ago
Gaynor *******
ORIGINAL POSTER
My friend (British) and husband (Thai) have split up. They have one child age 3 (with Thai birth certificate). She is in Thailand currently on non O marriage visa which has now expired. He refuses to help with marriage visa. So she is currently on Covid extensions. They are not divorced as yet.

What other options does she have for a visa here? Guardian Visa?
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TLDR : Answer Summary
The post addresses the situation of a British expatriate in Thailand whose Non-O marriage visa has expired following a separation from her Thai husband. Since she is currently on COVID-19 immigration extensions, she seeks alternative visa options. Suggestions provided include applying for a 60-day extension based on family visitation, or a one-year extension based on raising a half-Thai child, given she meets financial requirements (400K THB in a Thai bank account or 40K monthly income). The post reflects on the complexities of custody rights and emphasizes the need to potentially gather necessary documentation, including the child's birth certificate, proof of income, and valid ID.
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Tod *********
and since this turned into a total train wreck of a post with every tom, dick and somchai weighing in on what they think is correct I believe we've taken it as far as we can.
@Gay***
send the person you're asking for to their immigration office and have them find out in person what's required.

We are DONE, thanx one and all for the advise :)
Benjamin ******
With the update, she has a few options:

1. Continue riding out the 60 day extension of stay based on unable to travel due to COVID-19, until the immigration office stops issuing them

2. ONCE the immigration office stops issuing those 60 day extension of stay based on unable to travel due to COVID-19, apply for a 60 day extension of stay based on visiting Thai family, which can be acquired ONCE per visa. She will need:

1. Your passport and a copy of:

- Your data ("picture") page

- Your Non-O visa

- Your entry stamp

- Your departure card

2. Your child PHYSICALLY next to you, and

- Her ID card and a copy of her ID card (OR passport, OR houseboat)

- Her housebook, and a copy of the first page

3. Copy of the birth certificate

4. The application form

5. 2x passport pictures

6. 1,900 THB for the processing fee.

3. IF she has 400K THB in a Thai bank account, or makes 40K THB a month (NO SEASONING needed) she can apply for a one year extension of stay based on raising half-Thai children:

1. Your passport and a copy of:

- Your data ("picture") page

- Your Non-O visa

- Your entry stamp

- Your departure card

2. Your child PHYSICALLY next to you, and

- Her ID card and a copy of her ID card (OR passport, OR houseboat)

- Her housebook, and a copy of the first page

3. To meet the money requirements, which are:

- 400K THB in a Thai bank account, *NO SEASONING REQUIREMENTS) OR;

- 40K THB in income OR;

- a letter from your embassy saying you make 40K THB a month

4. Proof of custody rights (either the rose border certificate showing that they were married when the child was born, OR a translated copy from your home country OR court documents showing parental rights)

5. The application form

6. 2x passport pictures

7. 1,900 THB for the processing fee.

Different immigration offices have different requirements, and this may include:

- A copy of the TM30 filed where you live

- A hand drawn map to your house

- Witnesses or interviews with neighbors

- Rental contract (if renting property or a condo)

(KEEP the money in the bank until after the "under consideration" stamp is closed out, just in case it's asked for)
Benjamin ******
JUST a reminder: The OP is a FOREIGN woman who had a child with a THAI man. The rules are different compared to a FOREIGN man having a child with a THAI woman. Stay on topic, please!

AND unless she's being coy about it, she is asking for a friend. This post is NOT about her.

We also have a ZERO TOLERANCE policy about suggesting lawyers/ agents/ accoutants, or other "backdoor ways" to stay in Thailand.
Juffair *******
The 400,000 on a Guardian Visa only has to be in the bank for one day.....
Ana ************************
No, one day is not enough. I needed 3 months before i got to immigration and 3 month after
Benjamin ******
@Ana ******
For an one year extension of stay based on raising half-Thai children as a female?

I know you went to Chiang Mai, but that's a new requirement to me, and one I can't seem to find anywhere in my files or handouts.
Lc *****************
@Benjamin *****
the immigration officer also mentioned to me that it has to be 3 months prior to the date of applying for a new visa as parent of thai children. Until they have asked for a proof of the funds still in the account AFTER applying, you should keep the amount intact in your account. Pretty standard procedure for them. I go to Hua Hin immigration and Bkk immig processes the documents.
Lc *****************
@Juffair ******
The amount has to be in the bank longer than a day. After submitting the docs to the immigration, a follow-up call will be made to the applicant asking to show proof that the said amount is still in the account pending approval.
Benjamin ******
@Juffair ******
No, it would be a one year extension of stay based on raising half-Thai children. She would NOT be getting a "Guardian Visa" (Or, more correct, a Non-O visa based on raising half-Thai children) because she would already be in Thailand.

Assuming, of course, she is actually in Thailand already.
Gaynor *******
ORIGINAL POSTER
@Benjamin *****
she’s already in Thailand. Has birth certificate. Is on a non O based on marriage which has just expired. Now on Covid extensions. But needs to sort something out in case they stop doing them.
Jo ****
Does she have custody of the child? She would need legal custody to get a guardian visa
Benjamin ******
@Jo ****
She does not need custody to get a one year extension of stay based on raising half-Thai child, however she would need parental rights. She also will need 400K THB in a Thai bank account.
Tod *********
@Jo ****
if she had the child when they were married she as the mother of the child got automatic custody
Matti *********
If married when the child is born the father has parental rights as default. If not the father needs to apply via family court to get rights. DNA tests often involved etc.

As birth mother she obviously has the rights but this obviously defines what she can do without the father signature in regards to the child.
Neo ************
@Tod ********
shared custody of married sole custody if not married.
Benjamin ******
@Anders ************
And how do you know that? That's news to me.
Neo ************
@Benjamin *****
the father has no rights if not married other than his name

On the birth certificate
Ama****
@Simona ***********
would you have any advice? 💛
Tod *********
@Ama****
and who pray tell is Simona?
Ama****
@T**
woman who was in the same situation, to my knowledge
Tod *********
The real question IS

is she currently on a marriage to a thai extension AND did they get divorced (sign the papers at the amphur) OR just split up (not finalized the divorce yet)

If they've just split up and she's on a year extension based on marriage she can stay on that until it comes up for renewal when she could change the reason to taking care of a thai child (hers) by showing the proof of funds.
Gaynor *******
ORIGINAL POSTER
@Tod ********
she’s not divorced yet and the yearly marriage visa expired. So now she’s on Covid stamps. Does the kid have to go to school to qualify?
Tod *********
@Gaynor ******
they're thai so that doesn't matter. IF they were foreign she'd have to have them on valid visas to use them to get an extension and the proof of funds would be 500K baht not 400K
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