What visa options do I have in Thailand as a foreign parent of a Thai-born child who is not a Thai national?

Apr 14, 2021
4 years ago
PM ***********
ORIGINAL POSTER
Looking for further advice.

I am here on a 60 day tourist visa. Not yet extended.

I do have a 7 month old daughter born in Thailand. But not a Thai national!

My daughter and my Tai Yai partner ( no legal marriage due to her id.) are resident in Thailand. Is there an option for me to stay in Thailand because of my daughter?

What Visa could i apply on?

We do have all paperwork together!!!
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TLDR : Answer Summary
The user is on a 60-day tourist visa in Thailand and is seeking options to stay due to having a daughter born in Thailand and a partner who is not Thai. While they have documents in order, other community members clarify that there are no available visa options based on their daughter's status, as she is not a Thai national. Users suggest extending the tourist visa by 30 days and possibly applying for a COVID extension if still available, but ultimately recommend considering other visa pathways available to tourists.
Marguyvin **********
For those who are interested in the minutae, both Thailand and Myanmar's citizenship laws are based on Jus Sanguinis(birthright by blood) whereby one's status is acquired at birth based on the citizenship of the parents at time of birth. This is different from Jus Soli(birthright by soil) whereby one's status is acquired based on the soil upon which the birth took place. Therefore, without knowing what mother's citizenship(based on her birth certificate indicating her own parents' citizenship upon her birth) and also child's citizenship(at minimum child would be citizen of OP's country-German?), it would be impossible to give any correct advice as to whether OP has any option of applying for visa to visit 'Thai Family'.
Marguyvin **********
More info on birthright here:

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Dimitri ********
It's probably not a solution now, but for the future you should recognize your daughter as being your daughter. I have a Thai girlfriend + daughter, and can get a visa for that in my home country. But cannot extend that in Thailand for a year because my name is on the birth certificate, but despite of that they do not consider me to be the father. You have to go to court for that if you are not married.
Federico **********
If I understand correctly the mother was born in Myanmar territory but doesn't hold citizenship of that country. Came to TH, and doesn't hold TH citizenship either, rather a pink card.

The daughter even tho born in TH, gets no citizenship since the mother aint Thai. She could eventually apply to the father's country of origin citizenship.

If that's the case it looks as tho neither girlfriend nor daughter would be of help to sort your immigration status. She isn't old enough to go to school either (not sure preschool age) to talk about a guardian visa etc.

Short term: extend 30 days, then (if "then" means before the end of May) apply for the 60-day Covid extension. And pray that they keep extending those as they have been.

Other than that the same options than any other tourist (study/find a job/agent/etc), meaning i cant see how your gf or daughter can help you unfortunately. Hopefully im wrong and someone has a better alternative :)
PM ***********
ORIGINAL POSTER
@Federico *********
Yes you got the point i believe 😅. I do understand to be able to get a guardian Visa my daughter need to go to school?!

Thank you for your advice. 🙏
Federico **********
@PM **********
best of luck 🤗
Tod *********
Sadly for you
@PM **********
there is no visa/extension option based on your daughter OR based on your partner (who is NOT a thai national).

You are here on a 60 day tourist visa you can extend that ONCE for 30 days, and then if the 60 day covid extension program is still running you could apply for a covid extension.

(it runs out on may 29th)
Alan *********
If born in Thailand a thai National.
Steve *******
@Alan ********
COMPLETELY FALSE
Tod *********
@Alan ********
you're way off base with that totally false "born here thai nationality" statement :(
PM ***********
ORIGINAL POSTER
What options do i have regarding extending my stay?
Ulrik *********
@PM **********
What visa is your daughter on?

I am very sure that your daughter needs to be on ED before you can get a NON O guardian. I don't know much about the guardian visa, but perhaps worth looking into.

Otherwise a 30-day extension, and then a new covid visa. You can always have the ED or Volunteer through an agent. Not a path I recommend, but the choice is yours, and not mine.
PM ***********
ORIGINAL POSTER
@Ulrik ********
my daughter does not need a Visa. She is registered in the housebook and has the right to stay here since her mother is living and registered in Thailand. Thank you very much for your advise. I will try to look further into the guardian Visa.
Ulrik *********
@PM **********
Then I am afraid you need someone smarter than me to help you out.

Try the group "thai visa advice" they will be able to give you a 100% correct answer regarding what to do, and how to do it.

Good luck.
Alan *********
@Ulrik ********
two different nationalities living in a 3rd country and one in a 4th country with covid going on !!!! Going to need all the luck going.
Ulrik *********
@Alan ********
the Mother is burmese. (Tai yai)
Alan *********
@Ulrik ********
ok I understand..but if registered the birth in Thailand !
PM ***********
ORIGINAL POSTER
@Ulrik ********
not Burmese either.
Ulrik *********
@PM **********
I've always thought that the shan / Tai yai was originally burmese, but now spread out in southeast asia. Apologies if I am mistanken 🙂
PM ***********
ORIGINAL POSTER
@Ulrik ********
Yes, born in Myanmar. But not a holder of Myanmar Passport.
Ulrik *********
@PM **********
Thank you for your reply. I had no idea :)
Michael ********
PM ***********
ORIGINAL POSTER
@Alan ********
no. Born in Thailand doesnt automatically gives you a Thai citizenship. Unfortunately 😬
Alan *********
@PM **********
please explain he said the mother was thai
Marguyvin **********
@Alan ********
google this term: jus sanguinis
PM ***********
ORIGINAL POSTER
@Alan ********
the mother isnt Thai. She is Tai Yai. She is holding a pink id. from Thailand. Went to school and University in Thailand.
Michael ********
@Alan ********
tai yai not thai
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