Question about children and visa overstay penalties

[vinegarbase]

Hello, the other day I was talking with a Russian guy and he was talking with me about children not needing a visa in Thailand. I myself have heard and asked questions about this before and my understanding was that although the child would not receive any penalty, he would possibly receive a visa overstay stamp in his passport if he left the country. 

 

However, as we were talking about this something else came to my mind. What about the 90 day reporting of stay? If the parents came to the country on valid visa's the family would still be reporting their residence with immigration. Now the question is even though the child would not be penalized from a visa overstay is it possible to fine the child or parents for not reporting for their 90 day stays? If the child did go with his parents to immigration for the 90 day report of stay and he was overstaying on his visa would this cause any problems?

 

Anyone know about this?

Edited August 25, 2018 by vinegarbase

[jackdd]

Children under 15(?) can't be fined in Thailand, so no fine for overstaying or missing 90 day reports.

[vinegarbase]

Thanks jackdd, what I am a little more interested about is that if a family chose not to get their child a visa and they registered their child along with themselves for the initial address reporting would there be a problem at immigration if the child showed up to do a 90 day report of stay with the family even though he/she may have an expired visa? 

Edited August 25, 2018 by vinegarbase

[ubonjoe]

Children under the age of 15 do not pay overstay fines but do get a overstay stamp in their passport. Not being fined for an overstay does not exempt them from having a valid visa entry or extension of stay.

Children under the age of 15 do not have to pay any fines according to the law. That includes being fined for not doing 90 day reports.

I don't think immigration could do much of anything to the parents for their children being on an overstay. I guess though they could be charged for negligence if somebody wanted to push it.

It the parents are on extension of stay then their children can qualify for an extension for being a member of their family.

 

[Maestro]

2 hours ago, ubonjoe said:

Children under the age of 15 do not pay overstay fines...

 

Anybody interested in the legal text regarding children's exemption from punishment for what is provided by the law to be an offense can find it in sections 73 and 74 of this English translation of the Criminal Code B.E. 2499 (1956), as amended.

 

So far, no case has been mentioned on ThaiVisa about immigration taking legal action under section 74.

 

In some instances where the parents apply for a foreign child's use of a public service, for example enrollment in a government school, this service may be denied if the child does not have a valid permission to stay.

[gdaf123]

My daughter overstayed her 30 day visa exempt entry on her US passport twice.  Both times her stay was > 3 months.  Upon departure both times the Immigration officer added a hand written note on her exit stamp.  I suppose they did that because her mother is Thai.  We got her Thai passport during her 2nd visit, so we don't have a need to enter/exit on her US passport anymore.