Overstay for foreign kids

[frankw]

I would like to ask for advice on the following issue:

- My girlfriend (not wife) from the Philippines and I are living on non-b visas here for 4 years.

- Our son (4 years old) is born in Thailand but doesn't have a Thai passport.

Every time we leave the country (e.g. visa run) the immigration simply stamps him out and fills in something in a book. No problems so far. When re-entering Thailand he just get a new 30-day stamp. Last time we went to Ranong to the casino island and the immigration wrote something in my sons passport. Upon asking they said something like "overstay no problem until he is 7 years". I have a friend, who left with his 8 year old son at Don Muang and he was told this rule (if any) applies up to 12 year old children.

Is anybody having a similiar experience with this?

[Boo]

Hi,

Just flew out of BKK & had 3 day overstay, while I was waiting for the paperwork to be done I read the overstay posts & it stated that any child under 12 years of age was not liable for overstay charges but I would check this out witht he Ministry of foreign affairs in BKK to make sure.

You need to go there as thier web site is ok but not very specific & when you call it just rings & no one picks up.

[singa-traz]

Got the same question ... but with two kids, one born in Thailand and the other one outside Thailand , both with Thai Passports, but currently not living in the country.

Can they enter in Thailand with their Thai Passport ?

... what happens after they are  7 ... do they need Visas ...

Thx

[frankw]

According to the experience of my friends which have kids with 2 passports (thai&foreign) it's no problem to come in on Thai passports at all and regardless of age.

My son doesn't have a Thai PP as both parents are foreigners. I just wonder what would happen if he is let's say 14 years and will go abroad and we present a empty passport and his birth certificate showing that he is born here. Will that be an overstay?

[MaiChai]

I know this isn't the answer, but why don't you them them passports? I would get them at the earliest opportunity to ensure they get the nationalities they deserve before they become adults, or before countries tighten up on immigration (inevitable in most western countries; the British tightened up on this before Hong Kong was returned to China).

Also, if the child is born in Thailand, but to foreign parents, can the child apply for a Thai passport? Just wondered. A friend was born in Australia to British parents, and he was able to obtain an Australian passport (born in Australia=Australian).

[frankw]

MaiChai: I'm not sure what you mean in your post. However, our son has both foreign passport. Thailand changed their laws in the 70s. A Thai Passport is only possible if at least on parent has Thai mationality.

[dr_Pat_Pong]

ONE THAI PArent is the prerequisite in Thailand.,...even then it ain't automatic. BIRTHRIGHT MAI CHAI MOSTLY DOES NOT APPLY.

[MaiChai]

Thanks for clarifying that. I did not know, so it was worth asking.

[lopburi3]

Any child born in Thailand of legal aliens, married or un- married, is considered to have Thai citizenship.  If one is not legal then child is not Thai.  Source 2435 Nationality Act as listed at Royal Thai Embassy Washington in the Consular section.  If not born in Thailand then the one party being Thai is required.

[singa-traz]

For those lazy to search, like me, the direct link:

- http://www.thaiembdc.org/consular/con_info/con_inf.htm

[MaiChai]

So according to the link, if both parents are legal aliens (not Thai) and they have a child born in Thailand, the child is Thai. Cool.

[dr_Pat_Pong]

"According to the Thai Nationality Act (2535 B.E), it has opened a POSSIBILITY for a person, ........................."

[Roger13]

Got the same question ... but with two kids, one born in Thailand and the other one outside Thailand , both with Thai Passports, but currently not living in the country.

Can they enter in Thailand with their Thai Passport ?

... what happens after they are  7 ... do they need Visas ...

Thx

Hi Singa,

Holders of Thai Passports can enter Thailand

at any time - or have I missed something?

What made you to think there might be a problem?

Roger

[frankw]

When our child was born the hospital staff asked us if we like to give our son Thai citizenship and we agreed (knowing that he could get father/mother nationality anyway easily). However they cam back from the office with a birthcertificate for foreigner and they said it was impossible for him to become Thai.

There was an article in the Bankok Post about it. They said that in the seventies the old law was changed.

The question is what the Consular Information in Washington means when they say "Legal Alien". I think this should mean Residents, or.

[singa-traz]

Hi Singa,

Holders of Thai Passports can enter Thailand

at any time - or have I missed something?

What made you to think there might be a problem?

Roger

Problem, I can imagine, is to enter in Thailand with a Thai Passport, which has been issued in Thailand, but without any immigration card /record (When Thai Exit the Country), as they initially exit from Thailand with their other passport.

Would the immigration ask to see and use the Foreign passport instead ?

[lopburi3]

There was an article in the Bankok Post about it. They said that in the seventies the old law was changed

The current law is from 1992 (2535) not the typo of 2435 I made in previouse post.  Sorry.

[Roger13]

Problem, I can imagine, is to enter in Thailand with a Thai Passport, which has been issued in Thailand, but without any immigration card /record (When Thai Exit the Country), as they initially exit from Thailand with their other passport.

Would the immigration ask to see and use the Foreign passport instead ?

Hi Singa,

OK - I now understand

Yes - I agree there COULD be a Problem

if there are no Exit Stamps in the Thai Passports.

But I do not KNOW - nor do I know what would happen

- maybe someone else has Experience?

Roger

[alykev8892]

I will try to get an answer from a Thai Consulate, but in the meantime does anyone know what a legal alien is? In other words, if I am here on a valid tourist visa, am I still an illegal alien? What if I had a non-immigrant visa .... still illegal alien? Or maybe an illegal alien is simply someone who is illegally in the country with no valid visa at all?

[dr_Pat_Pong]

an alien is an alien ...an illegal one would be, amongst other things, an overstayer.