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Posted

I seem to be banging my head against walls of ignorance and awkwardness. Then i stumbled across this site and thought someone could advise me on the matters causing me frustration.

Apologies for the numerous questions but here goes;

A client of mine has moved to this country on a thai passport which has now expired, (he has indifinate leave to remain). He is 16 years old in May. His mother is pushing for him to have a british passport, BUT

first question: What are the implications for him having a British passport rather than a thai one?

2nd question: Could he return to live in thailand with a british passport and if so would there be any restriction on stay, etc because he holds a britsh passport and not a thai one?

Third question: would he be eligable for a dual passport as both parent are thai but mother now lives in uk with a uk husband.

Fourth Question; Are there any other implications not mentioned that i should be conidering?.

I am very grateful for any response to these questions

With thanks

Tim

Posted (edited)

The best way to go would be to renew his thai passport and then apply for a uk one.

If he gave up his thai passport then he would have to give up his uk passport in order to get a new thai one, should he decide to move back to thailand. Living in thailand with a uk passport would be constant hassle - if at all possible for a young man.

When he obtains a uk passport, the right of abode visa in his thai passport can not be transfered into any new thai passport - i see this as a prelude to only being allowed one passport in the future.

The rules are forever changing - making things more difficult!!

Edited by misterman21
Posted
2nd question: Could he return to live in thailand with a british passport and if so would there be any restriction on stay, etc because he holds a britsh passport and not a thai one?

Third question: would he be eligable for a dual passport as both parent are thai but mother now lives in uk with a uk husband.

misterman21 gives excellent advice.

From my own experience...

#3: My adopted Thai kids have both US and Thai citizenship. A Thai lawyer told me that they must choose which one they wish to retain at age 18. Posters here say they can retain both forever. Both Thailand and the US have no concerns with dual citizenship for kids. The UK...?

The Thai passport (it's in English) was a valuable identity document for US Homeland Security, Social Security, and Internal Revenue. If the vital documents for your client are in Thai, then I suspect a Thai passport would be well received for identity by the UK authorities.

IMHO, the first step would be to get a Thai passport reissued by the Thai embassy in UK on the strength of the expired passport. Step two: a UK passport.

I expect where the mother resides would have no bearing on citizenship issues except if questions of custody and support arise.

#2: To live in Thailand with a foreign passport raises all kinds of visa questions, especially for a child. The Thai consulate in UK will probably require support and parental consent documents before issuing a visa on a UK passport. (This was the case at the Brit. consulate in Bkk for our child traveling alone to UK on a Thai passport.)

Others are more expert than I on periodic visa extensions at immigr. here in LOS for children on a foreign passport.

With passports from both countries, the client could travel freely back and forth without visa concerns. (Since he is close to 18, research the question of citizenship retention a bit more for both countries...)

Posted

neither country has any problem with dual nationality.

Thailands laws - which are often misinterpreted - state that a dual nationality children who are born to a foreign father CAN make a decision between the ages of 20 and 21 to give up their Thai nationality - if they wish. If not, then no problems. No mention of 18 years of age anywhere in the Thai naitonality act.

It doesn't sound like the boy has a foreign dad, so this clause doesn't apply.

He can travel freely between the two countries, using the Thai passport to enter and leave Thailand and the UK to enter and leave the UK (as well as the EU, US etc.).

If he choses to enter Thailand on his UK passport he will be subject to Thai immigration rules and will get 30 days on arrival. If for some bizzare reason he choses to enter Thailand on the UK passport, there are ways to get a yearly extension stamped in his Thai passport at the immigration department, but this is hardly worth the hassel given that he could simply enter on his thai passport and have no restriction on his stay.

The only issue is if he came back to live full time before he is 30 he will be eligible for the military draft. Holidays and long visits OK, but if he is living here, he is expected to report. If he comes back after 30, to live full time (like I did) then you are granted an automatic exemption for being too old.

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