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Long Overstay for Children


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Hi,

 

My wife and myself are on Elite Visas.  When we got them the consultants told us we didn't need one for the kids because they were under 14 (3,5 YO).  We arrived in March 2016 and we have not left the country since so technically our children are around 2 years overstayed.  They go to school but the school said not to worry about getting an ED visa because we have Elite visas and we only needed one when they were 14.

 

So we are about to go on a holiday back to New Zealand and now I start reading the forums just to double check and there are so many conflicting reports and the concerns are growing that although they could be exempt from overstaying fines they could still technically get blacklisted for X years for long term overstay.

 

Does anyone have any direct experience of having kids long term overstay and be ok or are there issues with this?  I feel like we are in the "grey zone" with people saying it could go either way, which is not great for us as if it went a bad way we would have to move back to NZ/Aust with dogs, belongings, and all that kind of stuff.  We are quite happy here at the moment...

 

Or if no one knows is there a reputable immigration lawyer someone could refer me to?

 

Many thanks.

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Children under the age of 15 are exempt for overstay fines. But they do get a overstay stamp. Not being fined does not mean they should not have a visa or extension of stay for their stay in the country.

Children under the age of 18 are exempt from being banned from entering the country.

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My boy 5 years old, Australian/Cambodian passports, has never had a problem going to and from Cambodia, he attends school here in Surin, i check from time to time with immigration at Khap Chong to make sure, they tell me as long as he is under 15 years of age he does not need a visa, he has NEVER had an overstay stamp in his pport, and has never had a problem coming through immigration, so until the rules change or immigration tell's me otherwise i will carry on  

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  • 4 years later...

I have the same situation, my wife and I have Elite visas, but a child of 11 years old doesn't and has a long overstay. There is an opportunity to add a child to our visa, but it's expensive. Now in 2023, did anyone in such a situation have problems crossing borders with a child?

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