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Daughters dual citizen issue


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Long story, as these things usually are.

Last year, I took the Mrs  (Thai), myself (American) and the daughters (Thai/US) to HK Disney.

Met them at the airport and the Mrs, naturally, only brought the girls' US passports.

Decided not to cancel the trip and went.

Upon return, the girls got a 30 day tourist stamp as did I.

Went to Jomtien & Chonburi Immigration and they will only give the girls US Ed visas now and will not "out stamp" the US passports and "In stamp" the Thai passports.

 

What in bloody hell do I do now?

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5 minutes ago, elviajero said:

They can apply for 1 year extensions on the basis of being Thai. 

 

The only way to resolve the immigration status would be to exit on the US passport and re-enter using a Thai passport.

Sent the Mrs today to the Cambodian border and they said the couldn't outstamp with the US and return with the Thai. Is it only by air?

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10 minutes ago, AmericanSafety said:

Sent the Mrs today to the Cambodian border and they said the couldn't outstamp with the US and return with the Thai. Is it only by air?

Yes - but not to Laos (according to one report I recall).  Best option might be to Malaysia.

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1 hour ago, AmericanSafety said:

Sent the Mrs today to the Cambodian border and they said the couldn't outstamp with the US and return with the Thai. Is it only by air?

You want have a problem doing it by air.

 

At land borders the other country (Cambodia) want to see a Thai exit stamp in the passport being used for entry.

 

IO’s can stamp them out in both passports, but that’s would be down to the individual IO processing them out.

 

An extension of stay is easy to get. You should only need to show birth certificates to prove they are Thai.

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Went to Jomtien & Chonburi Immigration and they will only give the girls US Ed visas now and will not "out stamp" the US passports and "In stamp" the Thai passports.

 

What in bloody hell do I do now?

you fly OUT to anywhere on US passport. return by air on Thai passport.  easy

MY daughter holds us/thai passports.

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I used to frequently do any passport shuffling through a KUL round-trip since there used to be several regular carriers like Luftwaffe, Egypt Air, Turkish and (if you must) Ethiopian that did a short, turn-around return flight that was cheap as chips and usually almost empty. Beyond the LCC's these have all but disappeared now and a same-day r/t on Malaysian and/or THAI can be a bit expensive as it may catch peak-travel time. Maybe catch a late afternoon flight, overnight and come back off-peak time the following day? MAS is the best bet as last time I looked THAI only had 2-fights daily, both during peak hours.

 

Ho Chi Minh City/Saigon is a cheaper alternative but since the OP's kids are on US passports, they won't qualify for the 15-day, visa-exempt entry. The online visa invitation letter and Visa-on-arrival is quite easy if timed to arrive off-peak as the VoA desk can be a bit of a zoo in SGN. Before the vise-exempt entry became available, I used it dozens of times and it's fail-safe.

 

IMHO, an overnight in Saigon is more fun and cheaper than an overnight in Kuala Lumpur.

Edited by NanLaew
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5 minutes ago, NanLaew said:

regular carriers like Luftwaffe

You probably meant Lufthansa? Luftwaffe is the german airforce :)

 

 

It's a shame that this family has to jump through these hoops. I always wondered what happened if a dual citizen would overstay on their foreign passport and get banned. Does the ban only apply to their foreign nationality?

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11 minutes ago, eisfeld said:

Does the ban only apply to their foreign nationality?

Yes, a Thai citizen using a Thai passport cannot be refused entry in to Thailand.

 

I have to admit that I am a little confused by the OP, as last year they went to Disney HK using the daughters US passport, his wife did not take the Thai ones, where did they fly to HK from originally, if it was from the US, then where are the Thai passports now and did they all fly in to Thailand directly from HK?

I ask, as it is not immediately apparent where the Thai passports are located.

Shame really, as they could have used their Thai passports to enter HK without an issue.

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37 minutes ago, NanLaew said:

I used to frequently do any passport shuffling through a KUL round-trip since there used to be several regular carriers like Luftwaffe, Egypt Air, Turkish and (if you must) Ethiopian that did a short, turn-around return flight that was cheap as chips and usually almost empty. Beyond the LCC's these have all but disappeared now and a same-day r/t on Malaysian and/or THAI can be a bit expensive as it may catch peak-travel time. Maybe catch a late afternoon flight, overnight and come back off-peak time the following day? MAS is the best bet as last time I looked THAI only had 2-fights daily, both during peak hours.

 

Ho Chi Minh City/Saigon is a cheaper alternative but since the OP's kids are on US passports, they won't qualify for the 15-day, visa-exempt entry. The online visa invitation letter and Visa-on-arrival is quite easy if timed to arrive off-peak as the VoA desk can be a bit of a zoo in SGN. Before the vise-exempt entry became available, I used it dozens of times and it's fail-safe.

 

IMHO, an overnight in Saigon is more fun and cheaper than an overnight in Kuala Lumpur.

 

They can arrive in Vietnam with their Thai passport, no need visa for Thai people, so they will be back with their Thai passports in Thailand

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1 hour ago, Mattd said:

I have to admit that I am a little confused by the OP, as last year they went to Disney HK using the daughters US passport, his wife did not take the Thai ones, where did they fly to HK from originally,

The most reasonable assumption from the context is that they went straight from Thailand to Hong Kong, without making any intermediate stops, and then returned directly to Thailand. Nothing in the OP suggests any side trips.

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31 minutes ago, BritTim said:

The most reasonable assumption from the context is that they went straight from Thailand to Hong Kong, without making any intermediate stops, and then returned directly to Thailand. Nothing in the OP suggests any side trips.

Then how (or why) did the daughters depart Thailand without using their Thai passports?

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4 minutes ago, Mattd said:
36 minutes ago, BritTim said:

The most reasonable assumption from the context is that they went straight from Thailand to Hong Kong, without making any intermediate stops, and then returned directly to Thailand. Nothing in the OP suggests any side trips.

Then how (or why) did the daughters depart Thailand without using their Thai passports?

Most likely because she had never previously left Thailand, though other possible explanations exist.

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4 minutes ago, BritTim said:

Most likely because she had never previously left Thailand, though other possible explanations exist.

Maybe some other explanation, as if they were dual nationality with Thai passports issued, then in theory it is unlikely that they would have been allowed to depart Thailand on their US passports in those circumstances, as the birth certificates would have to be produced and immigration would only allow a non Thai born in Thailand to depart on a non Thai passport for the first time, again in theory.

Hence my question and confusion :smile:

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7 hours ago, eisfeld said:

It's a shame that this family has to jump through these hoops. I always wondered what happened if a dual citizen would overstay on their foreign passport and get banned. Does the ban only apply to their foreign nationality?

It’s the person that gets banned, not a passport. As the dual national is Thai they cannot be banned from entering the country.

 

 

 

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7 hours ago, Danielsiam said:

 

 

They can arrive in Vietnam with their Thai passport, no need visa for Thai people, so they will be back with their Thai passports in Thailand

True, I missed that.

 

But if they depart Thailand on their US passports, they won't have a TM6 arrival stub to show to Thai immigration when they re-enter and the Thai passports will have no evidence of prior departure... if that matters?

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34 minutes ago, NanLaew said:

But if they depart Thailand on their US passports, they won't have a TM6 arrival stub to show to Thai immigration when they re-enter and the Thai passports will have no evidence of prior departure... if that matters?

Thai's no longer have to complete a TM6 card on arrival or departure from the country. That change was done last year.

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42 minutes ago, ubonjoe said:

Thai's no longer have to complete a TM6 card on arrival or departure from the country. That change was done last year.

For what it's worth: my GF still had to fill it out when crossing the border at Nong Kai end of december last year.

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21 hours ago, AmericanSafety said:

What in bloody hell do I do now?

I am an American.  When I entered Thailand with my Son, he didn't have a Thai Passport or Thai ID card.  I entered Thailand on an OA and my son entered on an O.  I asked the same questions.  

 

Here is my answer: Never show the US passport in Thailand again.  Get your daughters Thai Passports.  Problem solved.  My son 11 has not exited on his US Passport.  We all went to Vietnam.  I went on my only passport (US) and the wife and son left and reentered using their Thai Passports.

 

Leave and enter Thailand using their Thai passports and never show their US passport in Thailand again.

 

Problem solved.

Edited by TonyClifton
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24 minutes ago, TonyClifton said:

I am an American.  When I entered Thailand with my Son, he didn't have a Thai Passport or Thai ID card.  I entered Thailand on an OA and my son entered on an O.  I asked the same questions.  

 

Here is my answer: Never show the US passport in Thailand again.  Get your daughters Thai Passports.  Problem solved.  My son 11 has not exited on his US Passport.  We all went to Vietnam.  I went on my only passport (US) and the wife and son left and reentered using their Thai Passports.

 

Leave and enter Thailand using their Thai passports and never show their US passport in Thailand again.

 

Problem solved.

IMO. If the child lives abroad and only visits Thailand there is not point messing around swapping passports. They can come and go on the foreign passport and extend their stay if necessary.

 

If they live in Thailand it’s better to exit/re-enter with their Thai passport.

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4 minutes ago, elviajero said:

IMO. If the child lives abroad and only visits Thailand there is not point messing around swapping passports. They can come and go on the foreign passport and extend their stay if necessary.

Never underestimate the value of having a second passport.  

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11 hours ago, phuketrichard said:

you fly OUT to anywhere on US passport. return by air on Thai passport.  easy

MY daughter holds us/thai passports.

Just curious to ask a question, why US passport should be used to fly out. I think Thai passport to fly out will be better & safer because when returning to Thailand, IO officer might ask where is Thai departure stamp in Thai passport?  

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1 hour ago, TonyClifton said:

I am an American.  When I entered Thailand with my Son, he didn't have a Thai Passport or Thai ID card.  I entered Thailand on an OA and my son entered on an O.  I asked the same questions.  

 

Here is my answer: Never show the US passport in Thailand again.  Get your daughters Thai Passports.  Problem solved.  My son 11 has not exited on his US Passport.  We all went to Vietnam.  I went on my only passport (US) and the wife and son left and reentered using their Thai Passports.

 

Leave and enter Thailand using their Thai passports and never show their US passport in Thailand again.

 

Problem solved.

My daughter using dual passports too and I agree your comment. Just one small question that bothers me - how can you answer if the IO officer asks "Where is your destination stamp" when you reenter?   

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1 minute ago, nabbie said:

My daughter using dual passports too and I agree your comment. Just one small question that bothers me - how can you answer if the IO officer asks "Where is your destination stamp" when you reenter?   

You leave on your Thai Passport and you enter on your Thai Passport.  

 

You can use the US Passport to enter wherever you are going in the world.

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33 minutes ago, nabbie said:

Just curious to ask a question, why US passport should be used to fly out. I think Thai passport to fly out will be better & safer because when returning to Thailand, IO officer might ask where is Thai departure stamp in Thai passport?  

Since she is currently in Thailand with the US passport, technically this ought to be used to leave. As long as the US passport was never again shown to Thai immigration, it might be convenient to ignore this, and do as you say. However, if the entry with no matching departure was ever discovered, then I believe laws would have been broken. My best guess would be a 20,000 baht fine and a telling off (depending on whether the discovery was before any change in the law increasing the penalties) but not totally sure. Maybe, they would treat it as if all subsequent exits and re-entries as void until a correct entry is made with the US passport. I wonder if there is any experience to go on.

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3 minutes ago, BritTim said:

Since she is currently in Thailand with the US passport, technically this ought to be used to leave. As long as the US passport was never again shown to Thai immigration, it might be convenient to ignore this, and do as you say. However, if the entry with no matching departure was ever discovered, then I believe laws would have been broken. My best guess would be a 20,000 baht fine and a telling off (depending on whether the discovery was before any change in the law increasing the penalties) but not totally sure. Maybe, they would treat it as if all subsequent exits and re-entries as void until a correct entry is made with the US passport. I wonder if there is any experience to go on.

My son is 10.  He left for Vietnam on the NEW Thai Passport.  No entry stamp because he was born here and the passport is new.

 

No problems leaving, and none on the return.  We never showed his US Passport.

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2 minutes ago, TonyClifton said:

My son is 10.  He left for Vietnam on the NEW Thai Passport.  No entry stamp because he was born here and the passport is new.

 

No problems leaving, and none on the return.  We never showed his US Passport.

I assume you are saying he previously traveled in and out of Thailand on his US passport, so he technically has an entry stamp into Thailand with it and no matching departure stamp. I would not expect a problem at the airport, as they are unlikely to be aware of this. If anyone in immigration anywhere (such as the local office) ever becomes aware, please let us know how they decided to handle it.

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1 hour ago, nabbie said:

Just curious to ask a question, why US passport should be used to fly out. I think Thai passport to fly out will be better & safer because when returning to Thailand, IO officer might ask where is Thai departure stamp in Thai passport?  

 

....

Quote

 

Met them at the airport and the Mrs, naturally, only brought the girls' US passports.

Decided not to cancel the trip and went.

Upon return, the girls got a 30 day tourist stamp as did I.

 

cause they entered on the US passport  :-)
MUST leave on the passport u arrive on. if ur a dual citizen for  any country

Edited by phuketrichard
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