Jip99 Posted November 13, 2018 Share Posted November 13, 2018 An interesting situation cropped up whilst speaking with friends today. English father working and living in UK, Thai mother living and working in Thailand. For financial and health reasons they have been apart for 2 years. They have a 4 year old daughter born in Thailand and a 14 year old son born in the UK. Both have British passports. The daughter has a Thai birth certificate but the son only has a UK birth certificate. The boy came to Thailand when 6 months old. The son has neither Thai birth certificate, Thai ID Card nor Thai passport. The mother and children now want to visit the husband/father in the UK. The initial hurdle is getting a Thai birth certificate for the boy. Once that has been issued the mother can then arrange to get passports for both children. Slightly conflicting information on different websites but IMO, from what I have read, the mother can get the Thai birth certificate from the Department of Consular Affairs of the Ministry of Foreign Affairs in Bangkok. Does anyone have any experience/knowledge of that being the case?; if so, do we know what documents are required ? - obviously a translated copy of the UK birth certificate, but what else might be required - notably from the father. Link to comment Share on other sites More sharing options...
ubonjoe Posted November 13, 2018 Share Posted November 13, 2018 Their son's birth certificate can only be issued by the Thai embassy in the UK. The Consular Affairs Department of the MFA can accept the application and sent it to the embassy in London. The requirements on the embassy website both parents be present when applying of it but I am sure that could be avoided by one of the parent to conceive consent for to be done without being present. Application info is here on embassy website: http://www.thaiembassy.org/london/en/services/82037-Birth-&-Death-Registration.html It might be best for the boy to depart Thailand on his UK passport. I assume he entered Thailand when he was 6 months old using one. He would not be fined for an overstay until he turns 15 and the banning rules do not apply until he is 18. Then the birth certificate could be applied for at the embassy while the family is together in the UK. Link to comment Share on other sites More sharing options...
Jip99 Posted November 13, 2018 Author Share Posted November 13, 2018 Thanks Ubonjoe. Perhaps you can clarify one issue.... the son (presumably) entered on a 30 day stamp (in an old passport), the renewed British passport has no stamps. I think the boy is automatically entitled to Thai citizenship - therefore, he would not be staying in Thailand as an Alien and, therefore, not subject to any overstay rules. I am happy to be corrected on my understanding that just because he can't evidence a Thai birth certificate doesn't mean he is not a Thai - as such, would he he not need a Thai passport to travel on ? That part I am woolly on because I always thought it was a case of leave and enter Thailand on a Thai a passport (showing the British passport at check in) and enter/leave the UK on the British passport .... Link to comment Share on other sites More sharing options...
ubonjoe Posted November 13, 2018 Share Posted November 13, 2018 The expired passport would be shown to show the entry stamp from many years ago with the new passport to be stamped out of the country. No problem to leave on his UK passport. He does not need a Thai passport to make the trip to the UK and back. If time permitted he could get the Thai passport while in the UK or a certificate of identity to enter Thailand as a Thai. Since he entered on as a UK citizen on a UK passport his stay here has been under immigrations rules not as a Thai national which means he is subject to paying overstay fines if 15 years old or older. I guess a person could try and get a legal decision on the fine citutation by appealing or taking the government to court. 1 Link to comment Share on other sites More sharing options...
Jip99 Posted November 13, 2018 Author Share Posted November 13, 2018 Why is it that I feel uncomfortable about the mother bowling up to Suvarnabhumi airport with 2 kids - one part-cripple (apparently on overstay) and a 4 year old - expecting to sail through immigration. Link to comment Share on other sites More sharing options...
cleopatra2 Posted November 13, 2018 Share Posted November 13, 2018 Thai nationals are required to have ID card from the age of 7. The law changed from 15 to 7 in 2011. Link to comment Share on other sites More sharing options...
ubonjoe Posted November 13, 2018 Share Posted November 13, 2018 4 minutes ago, cleopatra2 said: Thai nationals are required to have ID card from the age of 7. The law changed from 15 to 7 in 2011. That does not apply in this case since the child does not have a Thai birth certificate or house book registry that is required to get a ID card. Link to comment Share on other sites More sharing options...
ubonjoe Posted November 13, 2018 Share Posted November 13, 2018 12 minutes ago, Jip99 said: Why is it that I feel uncomfortable about the mother bowling up to Suvarnabhumi airport with 2 kids - one part-cripple (apparently on overstay) and a 4 year old - expecting to sail through immigration. I agree it is not the best situation but it may be the only viable choice. It is something that could of been avoided long ago by getting him a birth certificate and a Thai passport before he left the UK. I have read about people having problems from that not being done many times. 1 Link to comment Share on other sites More sharing options...
LucysDad Posted November 15, 2018 Share Posted November 15, 2018 On 11/13/2018 at 4:13 PM, ubonjoe said: Their son's birth certificate can only be issued by the Thai embassy in the UK. The Consular Affairs Department of the MFA can accept the application and sent it to the embassy in London. The requirements on the embassy website both parents be present when applying of it but I am sure that could be avoided by one of the parent to conceive consent for to be done without being present. Application info is here on embassy website: http://www.thaiembassy.org/london/en/services/82037-Birth-&-Death-Registration.html It might be best for the boy to depart Thailand on his UK passport. I assume he entered Thailand when he was 6 months old using one. He would not be fined for an overstay until he turns 15 and the banning rules do not apply until he is 18. Then the birth certificate could be applied for at the embassy while the family is together in the UK. This is interesting and I have a similar situation where I need to get a Thai birth certificate from the UK. I gather that application should be made at the Department of Consular Operations in Chaeng Wattana. I further understand that they liaise with te Thai embassy in London to get the Thai birth certificate issued. I am trying to get an idea of the timescale involved - does anyone have an experience of making an application. Link to comment Share on other sites More sharing options...
Jip99 Posted March 13, 2019 Author Share Posted March 13, 2019 On 11/13/2018 at 5:54 PM, ubonjoe said: I agree it is not the best situation but it may be the only viable choice. It is something that could of been avoided long ago by getting him a birth certificate and a Thai passport before he left the UK. I have read about people having problems from that not being done many times. UJ - an interesting (belated) follow up. Unfortunately, getting the documentation from the UK did not work out well - the Thai embassy apparently stamped the UK birth certificate incorrectly. The latest situation is that the Thai wife will get her visa and and her 2 kids will travel on their British passports. Thai immigration have apparently told the wife that the kids can travel and (in view of their ages) without overstay issues. She was also advised to carry the birth certificate for the 4 year old who was born in Thailand. There lies my issue......... if she has a Thai birth certificate is she not obliged to travel out of Thailand on a Thai passport ? Link to comment Share on other sites More sharing options...
ubonjoe Posted March 13, 2019 Share Posted March 13, 2019 4 minutes ago, Jip99 said: Unfortunately, getting the documentation from the UK did not work out well - the Thai embassy apparently stamped the UK birth certificate incorrectly. It seems they asked for the wrong thing. A Thai birth certificate would of been issued at the embassy not just a stamp on the UK certificate. 7 minutes ago, Jip99 said: There lies my issue......... if she has a Thai birth certificate is she not obliged to travel out of Thailand on a Thai passport ? Not if she enters on her UK passport. She has to depart the country using it. Link to comment Share on other sites More sharing options...
brexiteer Posted March 13, 2019 Share Posted March 13, 2019 6 hours ago, ubonjoe said: It seems they asked for the wrong thing. A Thai birth certificate would of been issued at the embassy not just a stamp on the UK certificate. Not if she enters on her UK passport. She has to depart the country using it. UJ, she was born in Thailand and has never been out of the country. She has a British passport, a Thai birth certificate but no Thai passport. The mother says Thai immigration have told her that the daughter can travel on the British passport (but carry thr birth certificate as well). Perhaps I was wrong in assuming that as she was born in Thailand, and being a Thai citizen, she must exit on a Thai passport. Link to comment Share on other sites More sharing options...
ubonjoe Posted March 13, 2019 Share Posted March 13, 2019 10 minutes ago, brexiteer said: UJ, she was born in Thailand and has never been out of the country. She has a British passport, a Thai birth certificate but no Thai passport. Sorry I had to go back I read the topic again. Not sure why she has gotten Thai immigration involved. She should still get her Thai passport so she can leave the country using it and then enter the UK with her UK passport. Then enter here using her Thai passport when she returns. There are no restriction on her having both passports. Link to comment Share on other sites More sharing options...
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