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Daughters dual citizen issue


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On 2/6/2018 at 11:30 PM, JackThompson said:

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

Check the current low costs fares, maybe compare:: Singapore, Kuala Lumphur, Ho Chi Minh City / Hanoi.

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You’ve got two options. 

 

1. Clean up and close off the visa trial

 

This means taking the advice most I have given and doing a passport swap mid air, re entering on the thai passport. The IO may query how the daughter exited in the first place (there would be no computer record of the Thai citizen child exiting), but explain the situation and insist on having the Thai passport being stamped. Don’t take no for an answer and escalate if necessary to a superior. 

 

2. Never ever show the US passport to any Thai offical ever again.

 

Granted your daughter will technically overstay as a us citizen, given she was born in Thailand the Thai citizen of your child never has never actually left Thailand. 

 

Simply next time and every other time, depart and re-enter Thailand on her thai passport and ONLY ever her Thai passport. 

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3 hours ago, samran said:

The IO may query how the daughter exited in the first place (there would be no computer record of the Thai citizen child exiting)

There have been several reports of the e-gates letting Thai passports enter with no record of them departing prior, so if their passports are biometric, then they should use this route first.

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14 hours ago, BritTim said:

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.

no.

 

My son and I entered as Americans.  We got him his Thai Passport.  

 

So now he is in Thailand and he is Thai.  He has overstayed his entry by more than a year now.  What to do about US Passport?

 

Nothing.

 

He leaves now on his Thai Passport and enters with same.

 

No one will ever look at his US Passport again.  At least not in Thailand.

 

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1 hour ago, TonyClifton said:

no.

 

My son and I entered as Americans.  We got him his Thai Passport.  

 

So now he is in Thailand and he is Thai.  He has overstayed his entry by more than a year now.  What to do about US Passport?

 

Nothing.

 

He leaves now on his Thai Passport and enters with same.

 

No one will ever look at his US Passport again.  At least not in Thailand.

 

 

I honestly don't think your son is on overstay on his US passport. When he got the Thai passport, the record of him entering Thailand on the US passport was deleted/erased [EDIT canceled (was the word I was looking for) ]. He stays legally in Thailand now.

However, exiting Thailand on the US passport would make a problem. Not because overstay, but rather for not being registered in the system.

Edited by Hupaponics
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12 minutes ago, Hupaponics said:

 

I honestly don't think your son is on overstay on his US passport. When he got the Thai passport, the record of him entering Thailand on the US passport was deleted/erased [EDIT canceled (was the word I was looking for) ]. He stays legally in Thailand now.

However, exiting Thailand on the US passport would make a problem. Not because overstay, but rather for not being registered in the system.

I do not think any of this makes sense. First, Thailand's system for issuing passports is not linked with immigration's system. Secondly, there is plenty of prior experience of people entering with foreign passports and later exiting with the same passport after receiving a Thai passport.

Edited by BritTim
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13 minutes ago, Hupaponics said:

 

I honestly don't think your son is on overstay on his US passport. When he got the Thai passport, the record of him entering Thailand on the US passport was deleted/erased [EDIT canceled (was the word I was looking for) ]. He stays legally in Thailand now.

However, exiting Thailand on the US passport would make a problem. Not because overstay, but rather for not being registered in the system.

No.

 

I have no idea where you came up with this.  No one saw his US Passport when we got him the Thai Passport.  I'm sure the US Passport is on overstay and I don't care.

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20 minutes ago, Hupaponics said:

 

I honestly don't think your son is on overstay on his US passport. When he got the Thai passport, the record of him entering Thailand on the US passport was deleted/erased [EDIT canceled (was the word I was looking for) ]. He stays legally in Thailand now.

However, exiting Thailand on the US passport would make a problem. Not because overstay, but rather for not being registered in the system.

This does not happen at all, if a Thai with dual citizenship enters Thailand on their foreign passport, then this will stay in the immigration system regardless.

What could not happen is that they get banned for an overstay, as they would be a Thai citizen regardless, it is debatable regarding if they would have to pay a fine for overstay or not.

There would be no way for immigration to link an entry in to Thailand using a foreign passport to the issuing of a new Thai passport by MFA, they may well be able to make the link at the departure point, but given the use of e-gates for Thai's now, then that is highly doubtful.

At the end of the day, as has been stated several times already, a Thai dual citizen should only use their Thai passport for entering and departing Thailand, it makes absolutely no sense not to do this.

Basically, if a Thai enters Thailand on a foreign passport, renews their Thai passport and then departs Thailand on their Thai passport, the overstay on the foreign passport would remain in the system, however, so long as they never use the foreign passport to enter Thailand again, then it is extremely unlikely that this would ever come out.

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22 minutes ago, BritTim said:

I do not think any of this makes sense. First, Thailand's system for issuing passports is not linked with immigration's system. Secondly, there is plenty of prior experience of people entering with foreign passports and later exiting with the same passport after receiving a Thai passport.

 

That make sense, kind of. If people can exit on their foreign passport (with no visa) and with obviously overstay than it kind of profs itself that "something" had to be erased in the system, doesn't it?

Otherwise they would be charged for overstay. PLS correct me if I'm wrong;)

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56 minutes ago, TonyClifton said:

No.

 

I have no idea where you came up with this.  No one saw his US Passport when we got him the Thai Passport.  I'm sure the US Passport is on overstay and I don't care.

 

Ahh, that's a different story. 

BTW, how could he get Thai passport with not showing some ID? Especially when coming as a foreigner?

 

[EDIT]

I did not understand that he was a citizen of Thailand (with dual citizenship) already. He just renewed his Thai passport, right?

Sorry for messing the thread up by this. My bad:(

 

Crap, my internet seems to be not stable:/

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13 minutes ago, Hupaponics said:

Crap, my internet seems to be not stable:/

Let me guess, AIS?

 

 

14 minutes ago, Hupaponics said:

how could he get Thai passport with not showing some ID?

His mother took him to the Ampur with his original birth certificate  and within 1/2 he had a Thai ID.

 

Now take that to get the Passport.

 

They wanted all my info as well as hers.  

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2 hours ago, Hupaponics said:

 

That make sense, kind of. If people can exit on their foreign passport (with no visa) and with obviously overstay than it kind of profs itself that "something" had to be erased in the system, doesn't it?

Otherwise they would be charged for overstay. PLS correct me if I'm wrong;)

Nothing is erased.

 

The foreign passport entry isn’t cleared until/if the person leaves the country. On exit with an overstay they would receive an overstay stamp, but children under 15 (or their parents) cannot be fined, or banned,  for the overstay by law.

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On 2/7/2018 at 12:27 PM, Mattd said:

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:

Don't ever tell Thai immigration you have two passports.

Leave on the US passports .............. then return on the Thai passports.

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17 hours ago, TonyClifton said:

No.

 

I have no idea where you came up with this.  No one saw his US Passport when we got him the Thai Passport.  I'm sure the US Passport is on overstay and I don't care.

HE is ON OVERSTAY>>> BUT kids dont pay overstay fees, (i think its u to 15 years old)

 He needs EXIT on his US passport,he is in the system as overstay an entering on us passport,

you think sticking ur head in the sand will mean anything to immigration??   

Quote

and I don't care.

Quote

 

the record of him entering Thailand on the US passport was deleted/erased [EDIT canceled (was the word I was looking for) ]. He stays legally in Thailand now.

However, exiting Thailand on the US passport would make a problem. Not because overstay, but rather for not being registered in the system.

 

100% incorrect!!

Edited by phuketrichard
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16 hours ago, volsfan said:

I thought children could not be on overstay anyway? Under 15 or something like that?

They can be on overstay, but fines are waived. However, your post raises a larger point which is worth raising. Very likely, if the failure to exit with the US passport was discovered in a few years, but before age 15, there would be no penalties assessed, just an administrative hassle to get it sorted out.

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On 07/02/2018 at 5:53 PM, NanLaew said:

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?

In my experience it does not matter. My daughter has dual nationality and after her Thai passport was issued, left Thailand on her UK passport (as it was the one she had entered on). When she returned she used her Thai passport which was previously unused and had no exit stamp. Admittedly it did cause the IO some temporary confusion but she was allowed to enter without any real problems. 

 

This was a few years ago when TM6 forms were still required for all nationalities - as was already pointed out, they are no longer required for Thais so the lack of one would not be an issue. Lack of a departure stamp should not be an issue either, though I have read reports on here of people in this situation being asked by the IO to enter using their foreign passport. As someone else already said, this request/instruction should be politely but firmly rebuffed and the person should insist on entering with their Thai passport, asking to see a supervisor if necessary.

Edited by GroveHillWanderer
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18 hours ago, TonyClifton said:

No.

 

I have no idea where you came up with this.  No one saw his US Passport when we got him the Thai Passport.  I'm sure the US Passport is on overstay and I don't care.

While it's probably unlikely that this will be detected, with the way they link passports now using computer systems, I don't think you can totally discount the possibility that this issue might rear its ugly head at some future point in time.

 

Obviously it's too late now in your case but for anyone else on this situation I can only echo what others have said that the best way to handle this situation legally and to avoid even the potential for a future overstay problem is to have the person leave on the foreign passport, then come back in on the Thai passport. As my daughter's and various other people's experiences have shown, this is perfectly legal and works fine (as long as you resist any suggestion by the IO on the return leg to use the foreign passport).

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Wait for the next generation of passports - all those with multiple passports will be picked up by the system. Have one which doesn't allow dual citizenship, when you enter that country expect problems.

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4 hours ago, pgs said:

Wait for the next generation of passports - all those with multiple passports will be picked up by the system. Have one which doesn't allow dual citizenship, when you enter that country expect problems.

 

Off topic,

But how do you imagine Thai immigration would know you entered another country on a different passport?

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22 hours ago, MaeJoMTB said:

Don't ever tell Thai immigration you have two passports.

While I agree that it's not worth volunteering the information unprompted, again I'm not sure it really matters in the final analysis. Going by my daughter's experience once more, when asked why she had no exit stamp in her Thai passport she told the IO that she had left on her UK passport. It still didn't really cause her a problem and she was allowed in on her previously-unused Thai passport in the end, without too much drama.

Edited by GroveHillWanderer
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On 07/02/2018 at 10:06 AM, Mattd said:

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

 

A Thai citizen just with an ID card can't be refused entry to the country.

Similarly, if I take my kids to the UK, they can use an expired passport, as long as it's ok'ed with certain airlines first.

 

Edited by Neeranam
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On 2/7/2018 at 7:18 AM, eisfeld said:

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?

Yeah, been a pain in the sack for a simple issue. But, looks like we will fly out and come back in.

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On 2/7/2018 at 7:36 AM, Mattd said:

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.

Sorry ab out that. Yeah, we all left BKK. Wife & daughters live in Thailand; i flew in to meet them. Wife came up with daughters from Jomtien with only the US passports.

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