Reader Pham Thi Ngoc Anh asked: "My child's father is a foreigner who wants to reside permanently in Vietnam. We have not registered our marriage but have a child together. My name and the child's father's name are on the birth certificate. Ministry of Public Security, please tell me, in this case, what do we need to do to legally reside permanently in Vietnam?"
Through research, Ms. Ngoc Anh learned that a family visit visa is valid for 1 year. A temporary residence card for foreigners with a family visit visa is valid for 3 years.
"To apply for a temporary residence card, does my child's father need to have a family visit visa first? And can my child's father apply for a 5-year visa or temporary residence card? In addition, the temporary residence card requires the document "documents proving eligibility for consideration for a temporary residence card", is that my child's birth certificate?" - Ms. Ngoc Anh asked.
Responding to this content, on September 26, the Ministry of Public Security said: According to the provisions of Clause 1, Article 45 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019, 2023), the child (if residing in the country) has the right to sponsor his biological father, who is a foreigner, to enter and reside permanently in Vietnam. However, the child is not yet capable of fulfilling the responsibilities prescribed in Clause 2, Article 45 of the Law.
In order for the child's father to be able to reside permanently in Vietnam, Ms. Ngoc Anh needs to quickly complete the paperwork for marriage registration procedures according to the law to be able to sponsor a foreigner (the child's father) to enter and reside in Vietnam.
In the immediate future, to facilitate foreigners to visit their children and have time to complete the marriage registration procedures as prescribed, the child's father can request an electronic visa to enter Vietnam, with a maximum duration of 90 days.
