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Expired Non Imm O (Parent to Thai National) not married or court approved father. Any suggestions to stay without leaving country? ?


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I am currently in Thailand on an expired Non-Imm 0 Multiple entry (expired 16 June) Unfortunately I have used the extension when I didnt have to (based on immigrations advice) on the 9th Jan which expired 7th April. So using that extension is out of the question as only allowed one per entry. 

 

I have tried to go and get the year education visa that others are getting without leaving the country , however this is not available to Non-Imm 0 visa holders , only for Tourist visas or the 30 Days entry visas. So this option is not available without leaving the country. 

 

I have gone to immigration here in Chiang Mai (which is chaotic in the sense there is complete confusion from officials and volunteers, got 3 different stories from 3 different staff), the legitimate option they gave was to extend the family visa, which I would have to jump over some hoops, inlcuding having 400k in bank, etc, which I can get , however the hoop that I cant get through is proving the legitimisation of my parenthood, even though I have his birth certificate, and passport, and hes with me, they need some court documents called korkor11 which shows I am the legal guardian or something like this, however apparently to get this takes months and I need to go to court , etc. So now that option is off the table for me.

 

I am a single parent of a Thai national, I never married with my sons mother, and we separated years ago and now she is living in USA. I am looking after him by myself here. So really need to work out a way I can stay here without leaving the country.

 

Some other information that might lead to possibilities is that I have dual citizenship, so have another passport with me that has been used before, years ago, but no stamps for the last 5 years.

 

I dont know if thai embassies overseas are issuing tourist visas at the moment, but I was thinking if so I could mail passport back to an overseas embassy and get a tourist visa , then use that to get the ED visa here. Im just trying to think outside the box here, not sure if it would work. 

 

Any ideas or suggestions would be much appreciated as I am getting desperate at this point, as I dont think they will be extending amnesty again, its amazing that its so hard to stay here when I am legitimately the only person looking after my son (a 7 year old Thai national) , and I would get kicked out to leave him by himself if I cant work it out, doesnt seem right at all :S

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20 minutes ago, wisemonkey said:

Any ideas or suggestions would be much appreciated as I am getting desperate at this point, as I dont think they will be extending amnesty again, its amazing that its so hard to stay here when I am legitimately the only person looking after my son (a 7 year old Thai national) , and I would get kicked out to leave him by himself if I cant work it out, doesnt seem right at all :S

I have great sympathy for your situation, but the paper pushers here, don't care about your individual circumstances, and only follow the rules ( when it suits them). ????

 

The only thing that I can suggest is an agent. Good luck Sir.

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Just now, thequietman said:

I have great sympathy for your situation, but the paper pushers here, don't care about your individual circumstances, and only follow the rules ( when it suits them). ????

 

The only thing that I can suggest is an agent. Good luck Sir.

definitely, get a good agent to sort it for you. 

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If your child is 7 years old you can do the legitimization at a Amphoe. But it would be complicated if their mother is not here. Do you have legal custody of your child?

You can also apply for a 60 day extension to visit your child. You do not have to be the legal father of your child to apply for it.

The only way you could use the non-ed visa you mentioned would be if you used it to enter the country. You cannot change passports while in the country.

Another thing is that you should be able apply for a extension for attending a school with your non-o visa entry.

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I feel for you , am in a similar situation as the divorced parent on a Thai child, she lives with me, etc. but the divorce papers done at the amphoe some years ago lists the mother as the legal guardian.  IO's here in chiang rai insist that this is a legal requirement to get the non o for child dependent. I am on the birth cert. as father and all her ID's give her address as mine.  Imm. wont even let me make and application for 90 day o based on having a Thai dependent.  I too don't want to leave her now and neither does she, as who knows when if ever I can come back here.

I hope someone has a good idea to help you out.

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Just now, ubonjoe said:

If your child is 7 years old you can do the legitimization at a Amphoe. But would be complicated if their mother is not here. Do you have legal custody of your child?

You can also apply for a 60 day extension to visit your child. You do not have to be the legal father of your child to apply for it.

The only way you could use the non-ed visa you mentioned would be if you used it to enter the country. You cannot change passports while in the country.

I don't mean to hijack the thread Joe, but I have always wanted to ask this question.

 

As far as the law is concerned here in Thailand, the moment I married my wife, her son became mine legally (apparently). First, is that true, and secondly, if it is, could I ever ask him in the future, to sponsor me in my old age with regards to Immigration. ????

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12 minutes ago, ubonjoe said:

If your child is 7 years old you can do the legitimization at a Amphoe. But it would be complicated if their mother is not here. Do you have legal custody of your child?

You can also apply for a 60 day extension to visit your child. You do not have to be the legal father of your child to apply for it.

The only way you could use the non-ed visa you mentioned would be if you used it to enter the country. You cannot change passports while in the country.

Another thing is that you should be able apply for a extension for attending a school with your non-o visa entry.

 

Cheers ubonjoe, your a great asset to this site. 

 

I dont have legal custody, we have not done any court docs. Me and his mother are on relatively good terms though, she would sign any documentation I need, but shes over in US now. I am listed as the father on his birth certificate, but thats about as far as it goes with legal docs with me as the father. 

 

This extension based on visiting my child, would this be available to me if I have already used a 60 day extension on the last entry for the Non-Imm 0?

 

And the other idea you had with attending a thai school, so would I first enrol in a class, then go to the immigration myself?

 

 

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16 minutes ago, IraqRon said:

I feel for you , am in a similar situation as the divorced parent on a Thai child, she lives with me, etc. but the divorce papers done at the amphoe some years ago lists the mother as the legal guardian.  IO's here in chiang rai insist that this is a legal requirement to get the non o for child dependent. I am on the birth cert. as father and all her ID's give her address as mine.  Imm. wont even let me make and application for 90 day o based on having a Thai dependent.  I too don't want to leave her now and neither does she, as who knows when if ever I can come back here.

I hope someone has a good idea to help you out.

 

Hey mate, let me know if you find a way through this as well. I have a friend now telling me that an option for expired Non-Imm 0 holders to get volunteer visas, not sure about it, but having a google of it right now seems like others have done it in the past.

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29 minutes ago, wisemonkey said:

This extension based on visiting my child, would this be available to me if I have already used a 60 day extension on the last entry for the Non-Imm 0?

 

You can only get one per entry to the country. You can get one for every entry you do.

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Forget any ideas that involve Using your second passport without leaving/re-entering Thailand as this could get you into serious trouble maybe even blacklisted from entering Thailand.

 

Volunteer Visa might be a good option or if you can find the 400K for the visa can you find 500K for an Elite VISA which would solve your visa problems out for the next 5-6 years.

Edited by Mike Teavee
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1 minute ago, Mike Teavee said:

Forget any ideas that involve Using your second passport without leaving/re-entering Thailand as this could get you into serious trouble maybe even blacklisted from entering Thailand.

 

Volunteer Visa might be a good option or if you can find the 400K for the visa can you find 500K for an Elite VISA which would solve your visa problems out for the next 5-6 years.

 

Thanks mate, I dont really have the money to spare, I got the money to show in the account, but not really willing to spend that amount on visas. 

 

Will try to go to immigration with a Thai friend and see what they say when I explain everything thoroughly, I find it crazy that they would be willing to kick out a guy and leave a 7 year old Thai boy alone.

 

There must be a way, I will really try to find for the volunteer visa too. 

 

 

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There are some situations where the services of a good immigration lawyer makes sense, to speed up the process and circumvent bureaucratic hurdles to what is obviously the right outcome. I believe the situation described by the OP is a case in point. This could be expensive, but not necessarily if the lawyer is sympathetic.

 

EDIT: Ask at your local immigration office is they can recommend a good immigration lawyer that they are comfortable dealing with.

Edited by BritTim
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31 minutes ago, wmlc said:

How old are you? If you are 50 or over, you can sort this out with an agent for about 25,000-30,000 baht. 

Im 35, been looking after the little monkey myself for the last 6 years, hes only been with me the whole time. Too young for the retirement visa, just such a headache with all this, hope I can find  away through it all. 

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19 hours ago, thequietman said:

I have great sympathy for your situation, but the paper pushers here, don't care about your individual circumstances, and only follow the rules ( when it suits them). ????

 

The only thing that I can suggest is an agent. Good luck Sir.

I think this the specific case to get professional assistance.

Find a reliable law office specialising in immigration cases and let them deal with it.

Good luck 

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