Child Under 7

[garyh]

The Thai consulate have told me that a child under 7 can overstay and nothing will happen.

My son is half Thai with a Thai birth certificate issued by the Thai Embassy in Australia and we will be getting a Thai passport for him when we get to Thailand in a few weeks. Just wonder if this correct about the overstay or if anyone has any comments on this.

[singa-traz]

Correct. On my son's passport they actually wrote 14 and a signature on it.

If you can, I would recommend you get the Thai Passport in Australia and enter with this passport.

Otherwise, you will confuse the immigration, by:

- either (next time) exiting Thailand with a Thai Passport (but he will have enter with a foreign passport)

- or re-enter (next time when he comes back)with a Thai passport issued in Thailand but with no TM card.

It can be fixed by talking with the immigration officer, but they don't necessary like it and it will take you 15-20 minutes of discussion.

Good luck!

[lopburi3]

There is no overstay fine. But it might be easier to obtain passport in Oz and have him enter using that if you have time.

[garyh]

There is no overstay fine. But it might be easier to obtain passport in Oz and have him enter using that if you have time.

To get the passport in Australia requires travelling to Canberra to the Embassy I am told. I don't have time to do this as we are busy getting everything ready to relocate.

I will have to go to Mae Sai after 90 days so we can get my son to renter with the Thai passport then, if it takes 20 minutes it will be a lot less hassle and cheaper than flying to Canberra.

[lopburi3]

You can not change passports on a land crossing.

[garyh]

Now I am confused, if a Thai national gets a passport they can leave on there new passport with no drama. My son has a Thai birth Certificate although issued in Australia. He can get a passport in Thailand so that would mean he is a Thai National then. What is the problem to leave Thailand and fly to say Australia at some stage using the Thai passport?

[singa-traz]

Now I am confused, if a Thai national gets a passport they can leave on there new passport with no drama. My son has a Thai birth Certificate although issued in Australia. He can get a passport in Thailand so that would mean he is a Thai National then. What is the problem to leave Thailand and fly to say Australia at some stage using the Thai passport?

In the immigration system, there will already be a record of him entering with his other passport, which might be a problem.

I do not know if there is any law that clarify this, but if your son enter with his other passport, he might/will not be consider Thai by the immigration.

Anyone can clarify this?

Anyway, Immigration don't like it, so if you can avoid the situation in the first place, the better.

[lopburi3]

He entered Thailand on an Oz passport and needs to use that to exit. On a land crossing they check for stamps so a change would not have a stamp of the country coming from. I said nothing about flights. He can leaving on Oz passport and enter Oz using that for entry exit and use Thai passport to enter Thailand. But expect questions as he has no exit stamp/departure card in that passport and passport was clearly issued in Thailand so should have them.

Most people find it easier to use an Oz issued passport to start the process and it is obvious was not issued in Thailand so normal Thai exit paperwork not expected.

[samran]

Now I am confused, if a Thai national gets a passport they can leave on there new passport with no drama. My son has a Thai birth Certificate although issued in Australia. He can get a passport in Thailand so that would mean he is a Thai National then. What is the problem to leave Thailand and fly to say Australia at some stage using the Thai passport?

If he enters Thailand on the OZ passport, he'll be subject to immigration rules (though as correctly stated, he'll be be exempted from overstay).

You also overlook that getting him a Thai passport in Thailand will require that he will need to be put on the house register and be issued an ID number (this isn't required if applying for a Thai PP overseas). One of the requirements for being put on the house registration for an overseas born Thai is that you have to present your passport on which you entered Thailand. It very much simplifies the situation if your son entered on a Thai passport in the first place. You might have a try at showing his OZ passport to the district offical, but don't be suprised if it doesn't work, and not accepted.

Without the house registration and ID number, no passport can be issued in Thailand.

Highly recommend a detour to Canberra, if at all possible. Pain I know, as a Thai - Oz dual citizen myself, with a passport to renew at some point soon!

[garyh]

Now I am confused, if a Thai national gets a passport they can leave on there new passport with no drama. My son has a Thai birth Certificate although issued in Australia. He can get a passport in Thailand so that would mean he is a Thai National then. What is the problem to leave Thailand and fly to say Australia at some stage using the Thai passport?

If he enters Thailand on the OZ passport, he'll be subject to immigration rules (though as correctly stated, he'll be be exempted from overstay).

You also overlook that getting him a Thai passport in Thailand will require that he will need to be put on the house register and be issued an ID number (this isn't required if applying for a Thai PP overseas). One of the requirements for being put on the house registration for an overseas born Thai is that you have to present your passport on which you entered Thailand. It very much simplifies the situation if your son entered on a Thai passport in the first place. You might have a try at showing his OZ passport to the district offical, but don't be suprised if it doesn't work, and not accepted.

Without the house registration and ID number, no passport can be issued in Thailand.

Highly recommend a detour to Canberra, if at all possible. Pain I know, as a Thai - Oz dual citizen myself, with a passport to renew at some point soon!

Thank you for your reply, what exactly do you mean by "you have to present your passport on which you entered Thailand" Does this mean hand it over to them to keep? as it is property of the Australian Government and I thought dual nationality is now legal for Thai's. Also my son has a Thai birth certificate issued by the Embassy in Canberra, is this not proof enough for an official to accept an application for a passport?

Going to Canberra is just not possible at this point as I have a lot to do packing and disposing of car etc etc and we leave here in 2 weeks. I guess if I have to I can go to Canberra on another trip back to Australia.

I'm at a loss as to why entering on a OZ passport is at a disadvantage to entering on completely empty Thai passport other than an Australian exit stamp. I know TIT and all that, is there any suggestions as to where I can read up on this.

[lopburi3]

Thailand does not recognize dual nationality. They allow it only because there is no law making it illegal. So you will have many officials not happy to see it.

samran has been answering questions on this subject, from personal experience, for years now and do not not know of any better source.

[samran]

Now I am confused, if a Thai national gets a passport they can leave on there new passport with no drama. My son has a Thai birth Certificate although issued in Australia. He can get a passport in Thailand so that would mean he is a Thai National then. What is the problem to leave Thailand and fly to say Australia at some stage using the Thai passport?

If he enters Thailand on the OZ passport, he'll be subject to immigration rules (though as correctly stated, he'll be be exempted from overstay).

You also overlook that getting him a Thai passport in Thailand will require that he will need to be put on the house register and be issued an ID number (this isn't required if applying for a Thai PP overseas). One of the requirements for being put on the house registration for an overseas born Thai is that you have to present your passport on which you entered Thailand. It very much simplifies the situation if your son entered on a Thai passport in the first place. You might have a try at showing his OZ passport to the district offical, but don't be suprised if it doesn't work, and not accepted.

Without the house registration and ID number, no passport can be issued in Thailand.

Highly recommend a detour to Canberra, if at all possible. Pain I know, as a Thai - Oz dual citizen myself, with a passport to renew at some point soon!

Thank you for your reply, what exactly do you mean by "you have to present your passport on which you entered Thailand" Does this mean hand it over to them to keep? as it is property of the Australian Government and I thought dual nationality is now legal for Thai's. Also my son has a Thai birth certificate issued by the Embassy in Canberra, is this not proof enough for an official to accept an application for a passport?

Going to Canberra is just not possible at this point as I have a lot to do packing and disposing of car etc etc and we leave here in 2 weeks. I guess if I have to I can go to Canberra on another trip back to Australia.

I'm at a loss as to why entering on a OZ passport is at a disadvantage to entering on completely empty Thai passport other than an Australian exit stamp. I know TIT and all that, is there any suggestions as to where I can read up on this.

No you don't have to hand it over. They just need to view it.

I've been through the process of registering myself in Thailand. I'm OZ born, with a thai parent and registered myself in Thailand when I was 30 - when I moved there 'permanently'.

When you are a Thai national born overseas and move back to Thailand you have to get yourself an ID number, which requires getting put on the house registration. Normally people born in Thailand are put on the house registration within 14 days of birth, as is the law. Getting put on the house registration after this requires a checklist of things, given that is a 'special circumstance'. Being born overseas is an acceptable circumstance.

And trust me, there is an offical checklist for this which they dust off for situations such as your son's (and mine!). One of the requirements is that you show the entry date in your passport to show one of the reasons why you have been entered on the house registration after 14 days of birth. The other things you'll need, from memory, are the head of the household to approve your entry on the house book, another Thai citizen to vouch for you, your overseas issued Thai birth certificate - which they'll make an additional notation on once you are entered in the house book.

It helps showing the Thai passport with the date you entered, given that it is another proof of Thai citizenship with photo ID. Showing a foreign passport could throw a spanner in the works as there is a lot of confusion amongst non-immigration officals as to the legality of it. While there is no problem with dual nationality, most district officals won't know this, and it may cause trouble - stupid things like them questioning your sons Thai nationality etc.

Now, my advice is if you can't make to it Canberra, I'd just suggest entering on the OZ passport. Give it a shot on getting him an ID number and on the house registration - having these things is the ONLY way to get a Thai PP while within Thailand.

If it doesn't work, you know that you'll be up for a trip to Canberra at some point to get him his first Thai PP (or the nearest consulate to you when the mobile Thai PP office comes to your state capital in OZ).

In terms of disadvantage/advantage of using the OZ passport, well there is none at such a young age - there is no overstay penalty. It is only an issue as he gets older and you'll need his ID number and house registration for a range of government interactions which inevitably come when you live there.

[garyh]

Thank you for taking the time to clear that up, we are moving to Thailand to live in Chiang Mai area so will be dealing with San Pa Tong Amphur I guess. Trips to Australia will only be a need to basis only so not likely to be able to coordinate with the Brisbane consulate for mobile passport office. The father inlaw would be more than willing to get my son in the house book, he came to Australia a few months ago and was very upset to leave his grandson behind. In fact this was what tipped me over the edge to move to Thailand. FIL is up with a lot of the goings on with community groups here so should have contacts in the Amphur if that is who we need to deal with.