Foreigners Child Born In Thailand

[hgma]

If a foreigners couple's child is born in Thailand,the father and the mother both have "retired"visas and they are not planning to leave Thailand, isnt it treu that the child doesnt need a (attachet)visa (at all???)accordenly?.........untill the head of the household and similar nationality in this case leaves the Kingdom?

we would appriciate your comments.

hgma

[samran]

Conventional wisdom is that children under 7 will not be charged overstay when leaving the country. This has been proven time and again with posts on the site regarding this.

Having said this, it still appears to be at the discretion of the immigration officer (which again from posts here, always waive seem any penalty).

Re-entering Thailand though, some parents just get a 30 day stamp on arrival for their kids, in knowledge that the child can overstay without penalty.

A recent spanner in the works though is the 90 day in 180 day rule. We had a post a while back from one of our posters on this topic: "90 day in 180 day rule applies to kids" where the child was almost not allowed to re-enter Thailand as they had used up their 90 day quota of 30 day arrival stamps.

Moral? A conservative approach maybe, but covers all the bases:

First trip out of Thailand for the bubs (whenever that may be), get the baby a proper Non immigrant 'O' visa. Assuming you can have a child attached to a retiree visa, then non-immigrant O visa for the child can be extended off the back of the parents visa. Keeps the baby legal and within the letter of the law, rather than discretion of immigration officers.

[samran]

moved to the visa section.

[KamnanT]

If a foreigners couple's child is born in Thailand,the father and the mother both have "retired"visas and they are not planning to leave Thailand, isnt it treu that the child doesnt need a (attachet)visa (at all???)accordenly?.........untill the head of the household and similar nationality in this case leaves the Kingdom?

we would appriciate your comments.

hgma

Father and mother both have "retired" visas (ie. both 50+) and they have a newborn child? I guess it's never too late to start!

[CosmicSurfer]

If a foreigners couple's child is born in Thailand, the father and the mother both have "retired"visas and they are not planning to leave Thailand, isnt it treu that the child doesnt need a (attachet)visa (at all???)accordenly?.........untill the head of the household and similar nationality in this case leaves the Kingdom?

we would appriciate your comments.

hgma

Am I missing something here.. If the Child was BORN in Thailand, Then the child is a Thai Citizen and obviously doesn't require any Visa.

Thailand has the same standards as any Western Country.. Born there, then you qualify for citizenship.

Depending on your home country, the child may ALSO have the right for citizenship there as well.

In my case, I'm Dual, Canadian and American and my wife is Thai, so our child will have the ability to have 3 Citizenships.. as well as 3 Passports.. Canadian, American and Thai.

It's a Global Village and a small world, getting smaller.

CS

[britmaveric]

One parent must be thai to qualify for a lil one having thai citizenship. Being born in thailand by foreign parents does not mean you are automatically thai.

[KamnanT]

One parent must be thai to qualify for a lil one having thai citizenship. Being born in thailand by foreign parents does not mean you are automatically thai.

...or residents. Children of resident aliens born in Thailand are eligible for Thai citizenship.

[torrenova]

There must be a way for children born here with 2 non Thai parents to be classed as Thai. All logic suggest there should be a way.

[hgma]

1.

Husband retirement visa 50+

wife retirement dependent visa 30+

son (3) retirement dependent visa.

2.

residents can apply for Thai citizensship only if they bare a permanent visa states in Thailand

children alsoo, but must live in thailand for 10 consequtive years.

3.

In the mean time i have figured it out.

we expect our newborn to be born in april 2008

our familyvisa is to expire in april 2008

before expire date born ............needs a visa and thus a passport asap.

after expire date born..............if we do not use a reentry visa i.o leave the kingdom he/she/we can wait untill april 2009

thanks for your comments

hgma

One parent must be thai to qualify for a lil one having thai citizenship. Being born in thailand by foreign parents does not mean you are automatically thai.

...or residents. Children of resident aliens born in Thailand are eligible for Thai citizenship.

[Briggsy]

Am I missing something here.. If the Child was BORN in Thailand, Then the child is a Thai Citizen and obviously doesn't require any Visa.

Thailand has the same standards as any Western Country.. Born there, then you qualify for citizenship.

CS

Absolute garbage.

[britmaveric]

There must be a way for children born here with 2 non Thai parents to be classed as Thai. All logic suggest there should be a way.

Why should they be??? If parents are non-citizen of that country then logically the child is a citizen of where the parents are from. Thailand has it right - now wish few other countries would adopt this logic.

[samran]

If a foreigners couple's child is born in Thailand, the father and the mother both have "retired"visas and they are not planning to leave Thailand, isnt it treu that the child doesnt need a (attachet)visa (at all???)accordenly?.........untill the head of the household and similar nationality in this case leaves the Kingdom?

we would appriciate your comments.

hgma

Am I missing something here.. If the Child was BORN in Thailand, Then the child is a Thai Citizen and obviously doesn't require any Visa.

Thailand has the same standards as any Western Country.. Born there, then you qualify for citizenship.

Depending on your home country, the child may ALSO have the right for citizenship there as well.

In my case, I'm Dual, Canadian and American and my wife is Thai, so our child will have the ability to have 3 Citizenships.. as well as 3 Passports.. Canadian, American and Thai.

It's a Global Village and a small world, getting smaller.

CS

I think you'll find that most Western countries are actually in line with Thailand. Most places now require at least one parent to be a permanent resident or citizen for citizenship to be passed onto the child (if born on 'home' territitory).

I did used to be different though, where simply being born on a country's soil was enough to entitle you to citizenship. But things have changed. The UK did so in 1983, Australia on 20 August 1986, Ireland and New Zealand more recently.

The only exception is the USA, where one of the constitutional amendments grants automatic citizenship to those born on US soil (children of diplomats excluded).

[MsFigure]

Not only are children born to foreigners (both parents that are not thai) NOT thai citizens because they were born here, they are also NOT A CITIZEN of the country their parents are from (Australian in my case). The parents need to apply for citizenship (on the childs behalf) at their embassy. This also needs to be done for the child to get a passport in the first place.

As for the childs visa - my daughter has never had problems with immigration and when I questioned her need for a visa (for the hundredth time) on my arrival back here last month from a quick holiday to Aus, the IO said that she "doesn't need" a visa if she's under 14 ( I was surprised because I've always been told it is 7) but she could still get the appropriate visa if we wanted her to have one.

Now that my daughter is in school, we're making a quick trip back to aus again next month to apply for an education visa, which will give us peace of mind for us knowing that she has her own visa regardless what immigration say about children not needing one until they are older.

Better to be prepared than to rock up to immigration at the airport on your arrival back here from holidays os and to be told that your child is being refused entry because they don't have a visa. Never know when rules are likely to change without warning

[Pi Sua]

Hi,

I have a son who was born in Thailand. I'm from Europe and the mother was a Burmese migrant worker holding just a local work permit when our son was born. Of course he's not a Thai citizen. In some case, when both parents are not Thai, the citizenship can be granted but it's long an difficult.

Whatever, children born in Thailand do not need a visa until their 7 years old. You can travel within Thailand with their birth certificat.

My son is 9 years old and has overstayed for more than 2 years now.

So I've recently check with Tak immigration and Bangkok immigration. The day we will leave Thailand, I just need to show my son's passport ans his birth certificate (the original one) and then no problem. They are not fined for overstaying under the age of 14.

Hope this can help you.

Greetings

[hgma]

Thank you very much

good news.

i assume that he MUST stay in the Kingdom

but never the less...........thanks

hgma

Hi,

I have a son who was born in Thailand. I'm from Europe and the mother was a Burmese migrant worker holding just a local work permit when our son was born. Of course he's not a Thai citizen. In some case, when both parents are not Thai, the citizenship can be granted but it's long an difficult.

Whatever, children born in Thailand do not need a visa until their 7 years old. You can travel within Thailand with their birth certificat.

My son is 9 years old and has overstayed for more than 2 years now.

So I've recently check with Tak immigration and Bangkok immigration. The day we will leave Thailand, I just need to show my son's passport ans his birth certificate (the original one) and then no problem. They are not fined for overstaying under the age of 14.

Hope this can help you.

Greetings

[lopburi3]

The only problem is that his passport on exit will be marked as overstay and that could result in another country refusing entry or Thailand not allowing to return without a visa (as overstay counts against the 90 day in six month rule). I really don't believe it is a high probability; but it has been reported here.

[Pi Sua]

He must stay in Thailand is not exactly right. It depends on what you want to do. He's not in jail. If he's less than 7, you don't need to worry about anything. Just travel within the Kingdom with his original birth certificat.

I don't know about you but now my country do not put our chidren in our passport anymore whatever how old they are. They have to get their own biometric passport. I think it's the same for all European countries and probably USA, Australia...

If your child was put in your passport before the change of law, and if you really want to have a visa for him, then you might be able to have an attached one at Bangkok immigration but I'm not sure about that. The best way is to talk to them. You'll have to pay for it. The fees are the same as they are for you.

When children are involved in the process, they are usually kind and helpfull.

By the way, I'm leaving Thailand next month so I'll be able to say exactly how things went through.

Good luck

Pisua

[pippasipanoun]

Dear All,

I justed wanted to check I haven't missed anything. I am British woman and I'm married to a Thai man. We have a daughter who is 1 1/2. She was born in Thailand and has dual citizenship holding both Thai and British passports so she should ever need a visa, need to worry about overstay or such like for leaving or coming back into either countries. Is this correct? Many thanks.

[samran]

Dear All,

I justed wanted to check I haven't missed anything. I am British woman and I'm married to a Thai man. We have a daughter who is 1 1/2. She was born in Thailand and has dual citizenship holding both Thai and British passports so she should ever need a visa, need to worry about overstay or such like for leaving or coming back into either countries. Is this correct? Many thanks.

That is correct. The best way to ensure that is that you enter each of the countries with the respective passports.

[dr_Pat_Pong]

There must be a way for children born here with 2 non Thai parents to be classed as Thai. All logic suggest there should be a way.

Why should they be??? If parents are non-citizen of that country then logically the child is a citizen of where the parents are from. Thailand has it right - now wish few other countries would adopt this logic.

Correct Brit ... absolutely

[singa-traz]

Dear All,

I justed wanted to check I haven't missed anything. I am British woman and I'm married to a Thai man. We have a daughter who is 1 1/2. She was born in Thailand and has dual citizenship holding both Thai and British passports so she should ever need a visa, need to worry about overstay or such like for leaving or coming back into either countries. Is this correct? Many thanks.

As Samran mentioned, ALWAYS Exit/Enter Thai with her Thai Passport.

Right now, has she previously left or enter Thailand ... and on which Passport?

Edited August 27, 2007 by singa-traz

[Lotusbluete]

Hallo,

has anybody an idea what happens at the age above 14 years with the child if the situation of the parents does not change, i.e. continue to stay on retirement visa. Does the child also get "dependent" visa like the mother?

[lopburi3]

Up to age 20 para 7.19 allows the same type of one year extensions of stay as a husband or wife.

[pippasipanoun]

Dear All,

I justed wanted to check I haven't missed anything. I am British woman and I'm married to a Thai man. We have a daughter who is 1 1/2. She was born in Thailand and has dual citizenship holding both Thai and British passports so she should ever need a visa, need to worry about overstay or such like for leaving or coming back into either countries. Is this correct? Many thanks.

As Samran mentioned, ALWAYS Exit/Enter Thai with her Thai Passport.

Right now, has she previously left or enter Thailand ... and on which Passport?

Thank you for your replies. Yes, she has previously left and returned to Thailand to visit the Uk last year and we used the Thai passport to leave and come back into the country with and the British passport to enter and leave the UK with. This was only after a lot of discussion with immigration as we were unsure of what to do (and I think they were too). But I always like to check as you never quite know whether what you are told by the officials on any given day will be the same the next time, if you know what I mean. Many thanks. Pippa

[Moonfruit]

The immigration guys at the BOI place tell us that our daughter doesn't need a visa below 14 either.

She hasn't had one in the 5 years we have been here. There is no overstay stamp on her passport, just the exit date stamp when we head down to Singapore which is pretty much every month or two, so therefore the 180 days in 365 doesn't affect either.

I must admit, im a bit dubious about it, and really should get her a proper visa, but those guys at the BOI 1 stop service place keep telling me there is no need.

[onethailand]

All three of my kids were born in Thailand and hold American passports (not able to claim Thai citizenship). The eldest is 13 now, and I also heard it was 14 before she would require a visa - but I also heard that if she doesn't leave the country, she will not require a visa.

Would be nice if someone knew where to find the exact rules on this - I'm going looking for them now myself.

[Pi Sua]

Dear all,

As I said in my last post, I have now left Thailand with my 9 years old son who had overstayed for more than 2 years.

At first, my heart was beating strongly but in fact there was absolutely no problem ! The immigration at the airpot was even very friendly, not even a word about this situation. They just asked me the original birth certificate and stamped his passport with an exit stamp.

Now, we are in France. In Thailand, the visas rules are not easy now and that was the main reason for our departure. I hope we'll be back one day (as soon as possible) with an appropriate visa...or perhaps Laos or Cambodia...

So, good bye Thailand and good luck for the ones who are staying.

Pisua