Overstay visa but have dual nationality help please

[jpb23]

Hi, 

 

My son has dual nationality (Thai/British). He returned to Thailand 1 year ago using his British passport because his Thai passport had expired. He promised to renew his passport, leave Thailand after 30 days on his British passport to get stamped out without overstaying and then return on his Thai passport, thus allowing him to stay indefinitely. He foolishly did not do this and carelessly overstayed on his original 30 day British visa. 

 

He has purchased a direct ticket to London and I have sent the 20,000 baht to cover the maximum fine.

 

If he goes to the airport and hands himself in will he be allowed to the pay the fine and board the flight or will he be held and miss the flight?

 

Many thanks in advance,
J

Edited July 2, 2019 by jpb23
Make more accurate

[UKresonant]

Is he carrying his expired Thai passport, or has he managed to renew it? Does he have his Thai ID card on him?

(if he were stopped prior to reaching immigration at the airport can he just identify himself as Thai, without showing the British passport?).

Edited July 2, 2019 by UKresonant

[jpb23]

Hi, yes he has both ID and passport (expired).

[jacko45k]

4 hours ago, jpb23 said:

If he goes to the airport and hands himself in will he be allowed to the pay the fine and board the flight or will he be held and miss the flight?

He should get there a little earlier than usual, other than that he will be able to pay the fine and leave. As he has overstayed more than 90 days a ban should be imposed.

Edited July 2, 2019 by jacko45k

[elviajero]

4 hours ago, jpb23 said:

If he goes to the airport and hands himself in will he be allowed to the pay the fine and board the flight or will he be held and miss the flight?

If your son is under 15 he should not be fined, and if under 18 he won’t be banned.

 

Otherwise; if exiting as a Brit he just needs to hand his passport to the IO at passport control who will send him to the overstay desk. As long as he pays the 20K he will be allowed to leave. He should allow at least an extra 20 mins.

 

Even though he’s a dual national I’m pretty sure he will be banned from the country — as a Brit — for; 

1 year if the overstay is less than 1 year;

3 years if the overstay over 1 year.

 

Bans apply to a person, not a passport, BUT I’m also pretty sure that the ban, as a Brit, shouldn’t affect his right to enter as a Thai, using a Thai passport.

Edited July 2, 2019 by elviajero

[elviajero]

3 minutes ago, jpb23 said:

Hi, yes he has both ID and passport (expired).

He could have entered the country using the expired passport.

[elviajero]

1 minute ago, jacko45k said:

He should get there a little earlier than usual, other than that he will be able to pay the fine and leave. Hopefully he has not overstayed more than 90 days where a ban would be imposed. 

 

4 hours ago, jpb23 said:

He returned to Thailand 1 year ago using his British passport

 

[G950]

Surely you can't ban your own citizen from staying in your own country. You would have to think your constitutional rights would override any immigration rules. 

[elviajero]

4 hours ago, jpb23 said:

He foolishly did not do this and carelessly overstayed on his original 30 day British visa.

For future reference. He could have applied for a 1 year extension of stay at immigration for 1,900 baht. Easily done with proof of his Thai nationality.

[jacko45k]

2 minutes ago, elviajero said:

He could have entered the country using the expired passport.

Which would at least have forced him to do as he promised and renew it! (If he wanted to leave). 

[elviajero]

1 minute ago, G950 said:

Surely you can't ban your own citizen from staying in your own country. You would have to think your constitutional rights would override any immigration rules. 

Correct. But immigration would be banning a British citizen, not a Thai. The Thai citizen should still be able to enter with proof (passport) of their Thai citizenship.

 

[Chazar]

7 minutes ago, elviajero said:

Correct. But immigration would be banning a British citizen, not a Thai. The Thai citizen should still be able to enter with proof (passport) of their Thai citizenship.

 

Hilarious! not being sarcastic.

[UKresonant]

So he is going to the airport, not showing anyone his British passport until reaching the check-in desk. Checks in and drops his bag? Then goes to the immigration line as normal.?

Would he just pay the fine at the desk behind the line of checking desks, in apologetic mode?

 

 

[elviajero]

14 minutes ago, UKresonant said:

So he is going to the airport, not showing anyone his British passport until reaching the check-in desk. Checks in and drops his bag? Then goes to the immigration line as normal.?

Yes.

 

14 minutes ago, UKresonant said:

Would he just pay the fine at the desk behind the line of checking desks, in apologetic mode?

No. The overstay desk is after passport control. No apology mode necessary, they don’t care why you overstay, just that you pay the fine.

[G950]

same issue discussed before with a few case examples of interest

[thecyclist]

Why doesn't he just delay his departure, renew his Thai passport first, and then leave as a Thai citizen, if that is a possibility? 

[kiwikeith]

12 hours ago, UKresonant said:

Is he carrying his expired Thai passport, or has he managed to renew it? Does he have his Thai ID card on him?

(if he were stopped prior to reaching immigration at the airport can he just identify himself as Thai, without showing the British passport?).

He has Thai nationality, same as my son, dual passports.

All he has to do is renew his Thai passport.

You can,t overstay if your a Thai citizen.

Just show ID, birth certificate .

He would need these to renew passport.

[Mansell]

Being as the airline ticket is for his Brit passport......does he have time to renew his Thai passport before he leaves.....be the smart thing to do, though it doesn't sound like smart is his first name letting his passport lapse and overstay....probably having to much fun to remember.

[Boycie]

13 hours ago, elviajero said:

For future reference. He could have applied for a 1 year extension of stay at immigration for 1,900 baht. Easily done with proof of his Thai nationality.

 

Maybe he didn't fancy doing the 90 day reports? ????

Edited July 3, 2019 by Boycie
Add smiley.

[jacko45k]

17 hours ago, thecyclist said:

Why doesn't he just delay his departure, renew his Thai passport first, and then leave as a Thai citizen, if that is a possibility? 

He would be required to show the British passport at check-in (to show he has right of entry). He wasn't able to do it for a whole year and that didn't seem to concern him!

[jpb23]

Thank you all for you kind answers and from my understanding - 

 

1. If a dual nationality Foreign/Thai wishes to overstay they can apply for a 1 year extension to their 30 days if they have a Thai ID card or passport

2.  If a dual nationality Foreign/Thai overstays they are treated the same at the airport/immigration and pay a fine and can leave without being detained

3. If a dual nationality Foreign/Thai overstays and is caught they are treated as a foreigner and will be detained and see a judge then be deported

4.  If a dual nationality Foreign/Thai overstays they are banned from entering Thailand on their Foreign passport for the appropriate length of time but can STILL ENTER as a Thai national

 

In this case Foreign = British.

 

Many thanks,

J

 

[hatewaitin]

Whether he entered on British or Thai passport, his sovereign right is absolute. He cannot be expelled from a country of which he is a citizen. 

Get his Identy renewed before he flys passport too.