Daughters 4 Year Overstay !

[QuickRick]

Please dont ask why as we just made a mistake, but when we came to Thailand 4 years ago my then 4 year old daughter entered Thailand on her British passport,,she aslo holds a Thai passport that we should have entered on, so my question is, can the overstay be waived as was suggested to me by an airport employee, my daughter was born in Thailand,

[gerryBScot]

I believe the overstay will be waived as your daughter is a minor. SO when she exits you'll probably get called over by Immigration and a cursory check done on the British passport and something written in it and waived through with no further problem. That is what happens with our son who was born here but is a British citizen only. He overstays; every time he enters he gets 30 days. Never been a problem at the airport on the three occasions he has left the Kingdom.

[Mario2008]

For children under the age of 15 no overstay is charged and it is not considered a big deal.

What you need to do in this situation is that your daughter must leave Thailand on the passport she entered Thailand on. (She will get a small stamp in her passport showing she was on overstay, that is all).

When she returns to Thailand she needs to enter on her Thai passport and everything is as it should be.

Moved to visa section for Thailand.

[VisasPlus]

I would have thought that, as your daughter is a Thai citizen, she cannot be an overstayer in her own country. Can't she just leave on the Thai passport ? Who would know that she even has a British passport ? Maybe we need a bit more info from you.

[Mario2008]

I would have thought that, as your daughter is a Thai citizen, she cannot be an overstayer in her own country. Can't she just leave on the Thai passport ? Who would know that she even has a British passport ? Maybe we need a bit more info from you.

For administrative purposes she is considered a UK national by immigration. As said, she needs to leave on her UK passport to rectify the situation. If she just leaves on her Thai passport, she would still be in Thailand on her UK passport.

[Lite Beer]

As Mario said. Leave with the UK Passport, turn round and come back with the Thai passport.

[Gumballl]

... she would still be in Thailand on her UK passport.

Which will probably expire within a year, thus requiring the parents to obtain a new one. Her next passport will probably bear a different number, new biometrics, etc.

Edited November 10, 2010 by Gumballl

[Mario2008]

... she would still be in Thailand on her UK passport.

Which will probably expire within a year, thus requiring the parents to obtain a new one. Her next passport will probably bear a different number, new biometrics, etc.

In which case she needs a new passport and have her entry details transferred to the new UK passport.

[samran]

I would have thought that, as your daughter is a Thai citizen, she cannot be an overstayer in her own country. Can't she just leave on the Thai passport ? Who would know that she even has a British passport ? Maybe we need a bit more info from you.

The computer knows.

Many posts here on TV about Thai citizens who enter Thailand on a foreign passport and then find themselves subject to immigration rules - including overstay fines.

[Nawtier]

My son has been on overstay for 8 years....

[samran]

My son has been on overstay for 8 years....

Does he also have Thai nationality?

[digitalchromakey]

Friend of mine and his family went on Holiday to Penang via the land border last April with 2x (non Thai) children aged 5 & 7 years, both born and continuously living in Thailand - each child had overstays of two years plus.

The officer at the Thai Immigration overstay counter apparently grumbled quite a bit, then added the overstay stamp in their passports and sent them on their way with no charge.

[TravelerEastWest]

For children under the age of 15 no overstay is charged and it is not considered a big deal.

What you need to do in this situation is that your daughter must leave Thailand on the passport she entered Thailand on. (She will get a small stamp in her passport showing she was on overstay, that is all).

When she returns to Thailand she needs to enter on her Thai passport and everything is as it should be.

Moved to visa section for Thailand.

As Mario says, from experience a couple of montha ago no worries...

[PhilHarries]

... she would still be in Thailand on her UK passport.

Which will probably expire within a year, thus requiring the parents to obtain a new one. Her next passport will probably bear a different number, new biometrics, etc.

But her name, D.o.B. etc will still be the same and could come up on subsequent trips should she use her British passport.

Another scenario is that the family leave Thailand and live in England where she receives her education. On her gap year she comes back to Thailand on her British passport blissfully unaware of the overstay when she was a tot. What problems may she run into at the airport if it all comes to light?

Probably, in the unlikely event it does come to light, none but as it costs little or no effort and no money to put right why not do it asap?

[TerryLH]

"As Mario said. Leave with the UK Passport, turn round and come back with the Thai passport."

LB, are you saying it's okay for a Thai to switch passports at a land crossing?

I know I've seen many posts here saying foreigners can't do that.

Terry

[Mario2008]

It would be easier to do it by air travel, as otherwise the stamps in the other paspsort don't match. (You would enter and leave the foreign country, but not enter Thailand again on it). But Thai immigration cannot deny you entry on a Thai passport and Thai immigration would understand that you switched passports and why.

[QuickRick]

I believe the overstay will be waived as your daughter is a minor. SO when she exits you'll probably get called over by Immigration and a cursory check done on the British passport and something written in it and waived through with no further problem. That is what happens with our son who was born here but is a British citizen only. He overstays; every time he enters he gets 30 days. Never been a problem at the airport on the three occasions he has left the Kingdom.

Many thanks,.

[Nawtier]

My son has been on overstay for 8 years....

Does he also have Thai nationality?

Not yet......born overseas but living here since 9 months old.

Getting birth certificate thai is an issue currently.

[samran]

My son has been on overstay for 8 years....

Does he also have Thai nationality?

Not yet......born overseas but living here since 9 months old.

Getting birth certificate thai is an issue currently.

If born overseas, he'll have to get the Thai birth certificate issued by the Thai embassy in the country he was born (Australia?). He won't be able to get it issued in Thailand. Ideally, the first Thai passport needs to be issued by the thai embassy in the country he was born in as well, though can be done by most foreign embassies. To have the passport issued in Thailand, requires his to be on the house registry, which he can't be entered on unless he has first entered Thailand on her Thai passport... (hopefully not too confusing!)

You should be able to apply for the Thai birth certificate by post from the embassy, but the passport will need to be applied for in person with both parents present, or legal documentation showing sole custody of the child.

Edited November 11, 2010 by samran

[lopburi3]

That will have to be obtained from the Thai Embassy in the country of birth. Child is Thai but needs that Embassy birth certificate to be listed on home register, obtain Thai passport and eventually ID card. I would make that a priority as the longer the wait the more chance of documents becoming less available.

[Nawtier]

This was all explained in another thread and someone...http://www.thaivisa.com/forum/topic/413309-extension-based-upon-supporting-a-child/...Mario ....made a recommendation re going to the Thai Ministry of Foreign Affairs, consular section.

The problems we have with it is we have not been back to birth country for several years and no real plans to in near future....I do not wish to make a trip back there just for this...would be expensive birth certificate.

It can be done by post...I have friends here that have done it, but you have to send ALL original documents, so original passports, ID and anything else they require. Not keen on that.

To complicate this, my name is spelt differently on the house registration he is on and the thai spelling of his trannslated Australian birth certificate. We found this out when we went to the passport office to see exactly what was required. They were prepared to issue a PP here for him except for this one issue of the different spelling, which they take as a different name altogether.

So, there is no rush really, we shall challenge it all again soon from here and see if we can sort it....kind of thing we put off cos we know the bullshit involved so put away for doing on a rainy day.

[samran]

This was all explained in another thread and someone...http://www.thaivisa.com/forum/topic/413309-extension-based-upon-supporting-a-child/...Mario ....made a recommendation re going to the Thai Ministry of Foreign Affairs, consular section.

The problems we have with it is we have not been back to birth country for several years and no real plans to in near future....I do not wish to make a trip back there just for this...would be expensive birth certificate.

It can be done by post...I have friends here that have done it, but you have to send ALL original documents, so original passports, ID and anything else they require. Not keen on that.

To complicate this, my name is spelt differently on the house registration he is on and the thai spelling of his trannslated Australian birth certificate. We found this out when we went to the passport office to see exactly what was required. They were prepared to issue a PP here for him except for this one issue of the different spelling, which they take as a different name altogether.

So, there is no rush really, we shall challenge it all again soon from here and see if we can sort it....kind of thing we put off cos we know the bullshit involved so put away for doing on a rainy day.

ah, ok. Sounds like you have a plan then...let us know how it goes. Also sounds like your son is already on the Thai house registration already?

As for the different spelling - surely you could just get a 'new' translation where the spelling is the way it should be? Maybe I've missed something.

But, do keep plugging away - once you are in the system in Thailand, getting a passport is a piece of cake and extremely efficient.

Good luck.

Edited November 11, 2010 by samran

[Nawtier]

Yes, he is on a house registry....dunno how that happened without the thai birth certificate...they obviously accepted the authorised translation of the english one.

I know how easy the passport system is, my daughter was born here and she got hers within days.

[merijn]

Children under 15 are not fined for any overstay and don't require a visa or whatever ( for example when the parents are on a year extension ).

As long the child is traveling together with one of the parents and they have the same last name in the pasport.

[lopburi3]

All visitors require a visa or visa exempt stamp for entry.

There is no overstay fine involved but it is still overstay and will be marked as such in there passports on exit.

[merijn]

All visitors require a visa or visa exempt stamp for entry.

There is no overstay fine involved but it is still overstay and will be marked as such in there passports on exit.

Children are getting a normal 30D visa exemption ( if applicable ) stamp in the passport when they enter the country.

The possible overstay stamp in the when they exit the country is not a issue for future travel. ( own experience )

[Gumballl]

... she would still be in Thailand on her UK passport.

Which will probably expire within a year, thus requiring the parents to obtain a new one. Her next passport will probably bear a different number, new biometrics, etc.

But her name, D.o.B. etc will still be the same and could come up on subsequent trips should she use her British passport.

Yes, you are probably right. Thai officials would never believe that there are two (or more) Jane Smiths in this small world of ours, that are born on the same date.

Seriously, that is the whole point of the passport biometrics. Once a person has reached adulthood, their face, eye color, height, etc have reached their peak. Biometrics for children, on the other hand (perhaps aside from eye color), change. That is why they are required to update (renew) their passports more often than adults.

If a child entered Thailand 4 years ago with a particular passport, undoubtedly, that passport is up for renewal. The parent merely needs to show the Brit passport to the Airline attendant, and then the Thai passport to the gov't official (with a completed departure form). The attendant and the gov't official are not joined at the hip. As for the original Brit passport in the Thai system, its entry will be obsoleted once the new passport is issued back in the UK.

P.S. My children have never overstayed by 4 years, but they have overstayed. Zero problems because they are both Thai. As for my first daughter, who was born in Thailand, she checked-in to the airline, with my wife and I, using her US passport. When we came to the Thai gov't official, her Thai passport was presented. No problems! The airline attendant and the official are a good 100m apart!

Edited November 13, 2010 by Gumballl

[lopburi3]

Computers have more information displayed every year. If not today; tomorrow they will catch such a situation.

[tee1eel]

hi,

has anything changed recently regards children needing visa's. i am going to thailand in 2weeks, for 7weeks. ive applied for a single entry tourist visa, but didnt apply for my daughter. this is will be her 3rd visit, the first time i got her a non immigrant visa for a year,it cost £90 and when we got to thailand the thai immigration officials told me kids didnt need visa's. the next time we went i didnt get her a visa, she got a month on entry and i had no problem when we left 14 months later....

that was about 18months ago......

will it be the same now? can she get a month on entry and overstay 20days without a fine?

thanks

[lopburi3]

No change we are aware of.