My son (Australian citizen / Thai born) entering Thailand on an Aussie passport?

[Kenny202]

Thinking of taking my son to Australia. he is born in Thailand but an Australian citizen. I can get an Aussie passport for him relatively painless but a Thai passport is going to be a drama as his mother is missing in action and has been for some time. I can probably get custody and all that but will be inconvenient in the immediate future. I was just wondering if he re entered Thailand on an Aussie Passport, and not needing a Thai visa because Aussies don't....once he is back on Thai soil is he good to go? I was kind of thinking if he entered on an Aussie passport he would need to get a visa at some point as an Aussie to live full time in Thailand.

 

Would prefer to hear from Aussie's who have entered here with kids maybe on an Aussie passport if possible. Telling me what happens in your / another country has no relevance to this

[richard_smith237]

A couple of issues: 

1) Passsport Thai

2) Single Parent departing Thai Immigration with child without mothers permission.

 

 

First hurdle is leaving Thailand on an Aussie Passport with no 'entry' stamp. 

That may raise flags and open further questions about permission to travel without the mother. 

 

To answer your question directly: After re-entering Thailand, your Son, as an Aussie citizen and no legal proof that he is a Thai Citizen would be on overstay (although theoretically children cannot be charged with overstay - it would get complicated).

 

 

IMO: Best possible options:

Seek legal advice to obtain a Thai Passport and sole custody for your Son. 

First question for this is: We're you married at the time of your Son's Birth, are you listed as the legal Parent (Father) on his Thai Birth Certificate ?

 

 

Without sorting out these issues sooner, you are also going to face brick-walls down the line, regarding a Thai ID and future travel in and out. 

 

 

[Kenny202]

9 minutes ago, richard_smith237 said:

A couple of issues: 

1) Passsport Thai

2) Single Parent departing Thai Immigration with child without mothers permission.

 

 

First hurdle is leaving Thailand on an Aussie Passport with no 'entry' stamp. 

That may raise flags and open further questions about permission to travel without the mother. 

 

To answer your question directly: After re-entering Thailand, your Son, as an Aussie citizen and no legal proof that he is a Thai Citizen would be on overstay (although theoretically children cannot be charged with overstay - it would get complicated).

 

 

IMO: Best possible options:

Seek legal advice to obtain a Thai Passport and sole custody for your Son. 

First question for this is: We're you married at the time of your Son's Birth, are you listed as the legal Parent (Father) on his Thai Birth Certificate ?

 

 

Without sorting out these issues sooner, you are also going to face brick-walls down the line, regarding a Thai ID and future travel in and out. 

 

 

Am aware of issues leaving country without mothers permission. Passport hurdle number one. He has Thai ID and birth certificate and I have been through the court legitimacy process. All done and registered. What do you mean he'd have no proof he was legally a Thai citizen? He's got heaps

[Red Phoenix]

What age is your son?

[Kenny202]

3 hours ago, Red Phoenix said:

What age is your son?

7yo

 

[richard_smith237]

21 hours ago, Kenny202 said:

Am aware of issues leaving country without mothers permission. Passport hurdle number one. He has Thai ID and birth certificate and I have been through the court legitimacy process. All done and registered. What do you mean he'd have no proof he was legally a Thai citizen? He's got heaps

Fair enough - you never provided that information in your Op. 

 

 

 

 

[Kenny202]

4 hours ago, richard_smith237 said:

Fair enough - you never provided that information in your Op. 

 

 

 

 

It is in the title he is born in Thailand. That makes him a Thai citizen right?

[brewsterbudgen]

If his Aussie passport is his first, he'll need to show his Thai birth certificate when departing Thailand.

 

He can return to Thailand visa exempt as an Australian citizen but he'll be 'overstaying' once the 30 days is up.  Not a huge issue for a kid, as he cannot be fined or banned for overstaying, but if he leaves Thailand on that passport it will be stamped as 'overstay'.  If he attends an international school here, they may insist that he's not on overstay.

 

Of course, if you can get his Thai passport sorted, it will solve a lot of problems!

[Kenny202]

1 hour ago, brewsterbudgen said:

If his Aussie passport is his first, he'll need to show his Thai birth certificate when departing Thailand.

 

He can return to Thailand visa exempt as an Australian citizen but he'll be 'overstaying' once the 30 days is up.  Not a huge issue for a kid, as he cannot be fined or banned for overstaying, but if he leaves Thailand on that passport it will be stamped as 'overstay'.  If he attends an international school here, they may insist that he's not on overstay.

 

Of course, if you can get his Thai passport sorted, it will solve a lot of problems!

That was the deal going to Australia I believe too. Even though he is an Australian citizen, if he entered on a Thai passport even once he was within Australia he would be considered Thai. Doesn't really make sense to me. It's not like they could / would deport you. I thought Thailand may have been different. As an Australian he would enter Thailand visa exempt, but of course would still show an entry stamp in his passport. I was under the assumption you weren't actually supposed to have two passports after a certain age? even though people do. 

[Will27]

54 minutes ago, Kenny202 said:

That was the deal going to Australia I believe too. Even though he is an Australian citizen, if he entered on a Thai passport even once he was within Australia he would be considered Thai. Doesn't really make sense to me. It's not like they could / would deport you. I thought Thailand may have been different. As an Australian he would enter Thailand visa exempt, but of course would still show an entry stamp in his passport. I was under the assumption you weren't actually supposed to have two passports after a certain age? even though people do. 

That assumption is wrong.

There's heaps of dual nationals with more than one passport.

 

Like you said, it's relatively painless getting him an Aussie passport.

Edited June 25, 2023 by Will27

[Kenny202]

Might even go down the Thai passport office with my missus and try to apply for it ourselves. I have signed Tabien Baan and ID from his mother and my legitimacy papers so maybe able to bluff our way through. Similar thing happened when getting his ID this year they just assumed the woman I was with was his mother. I often have them mistake my legitimacy papers.....official court documents / Amphur registration as custody documents. Plan A give it a whirl with what we have and act dumb....plan B act even more dumb and tell them his mothers been gone 6 years and have no contact. The mother may well actually be uncontactable for all I know. At least they will be able to advise the next steps or what they require. Someone told me a letter from a Lawyer stating they have tried all avenues to contact her but wasn't a great source.

[richard_smith237]

7 hours ago, Kenny202 said:

It is in the title he is born in Thailand. That makes him a Thai citizen right?

Not right.
Thai citizenship is not automatic, there needs to be proof of at least one Thai parent & you mentioned the child’s mother was MIA.

There are nearly half a million indigenous people born in Thailand who are considered ‘stateless’ & without proof of nationality. 

 

Like a lot of threads, yours was missing key info in the opening post hence the reason to ask.

 

As mentioned, if you want to avoid further hassles obtain sole custody sort out his Thai passport….  

Or, make your bed however you see fit & we’ll see you back on these pages in future asking for solutions to problems you could have avoided. 

Edited June 25, 2023 by richard_smith237

[Kenny202]

6 hours ago, richard_smith237 said:

Not right.
Thai citizenship is not automatic, there needs to be proof of at least one Thai parent & you mentioned the child’s mother was MIA.

There are nearly half a million indigenous people born in Thailand who are considered ‘stateless’ & without proof of nationality. 

 

Like a lot of threads, yours was missing key info in the opening post hence the reason to ask.

 

As mentioned, if you want to avoid further hassles obtain sole custody sort out his Thai passport….  

Or, make your bed however you see fit & we’ll see you back on these pages in future asking for solutions to problems you could have avoided. 

As usual your snide and sarcastic remarks and demands for personal information on a public website. I note mostly when people give you further information you never have the answers anyway lol. And who is we? Are you speaking for many or just think you do? How can you keep nattering on about obtaining sole custody as if it were an easy, simple process. In my case at this moment it is impossible....I didn't ask advice about custody. But as usual you reply to every post with your motherly unusable advice because in actual fact you don't know the answers. Only chime in with a bunch of rhetoric and motherly warnings that any one with a smidge of common sense would know.....but you assume everyone is stupid right? Trying to look the business or get attention