Visa For Australia

[thommo46]

My friend who has now been living in Thailand for 5 years. He has a 3 year old son to Thai G/F born in Thailand . The boy has Australian citizenship by descent. He wishes to take his son to Australia for a holiday and to see his family. He son does not have an Australian Passport. The G/F is reluctant to let their son go as she thinks he might not come back .(Sometimes things not all happy on home front.)

What are his choices ?

1. Get Australian passport for his son.

2. Get Thai Passport for his son.

3. Get approval from G/F for him to go to Australia with his father. ( What paper work is required for this .)

4. Get tourist visa for G/F to go with them.

Can his son enter Australia on Aus. P/port . and return to Thailand on Thai P/port. What is the procedure for this?

Any fed back on the above would be much appreciated.

Thanks .

[gburns57au]

He can get an Oz Passport

He can enter and leave Oz on that and enter and leave Thailand on the Thai one.

For the visa he will need a letter from the mother granting permission.

If the GF travels as well, they will both need their own visas, Obviously if the GF travels then the letter wont be required.

[Mario2008]

As the parents are not married and the father didn't legalize the child, as far as the law is concerned he is not the father and the mother has sole parental rights. If he takes the child without her permisison, he can be charged with kidnapping.

If he is Thai and Australian, he doesn't need visa for either if he can proof that. usually that is done with a passport. It is important that he leaves and re-enters on a Thai passport, for which he needs the mother. Without a Thai passport, he would need a visa to return to Thaiand and stay on extensions of stay.

At airline check-in simply both passports are handed, to confirm no visa is needed. At immigration the passport ofthe country entering/leaving.

With permisison from the mother, a simple note with a copy of her ID card should do.

[gburns57au]

Quite correct, If he has an Oz passport then he doesnt require a visa for Oz and same for the Thai Passport

Mario, the child has citizenship by descent, therefore the father is recognised already.

[Mario2008]

Quite correct, If he has an Oz passport then he doesnt require a visa for Oz and same for the Thai Passport

Mario, the child has citizenship by descent, therefore the father is recognised already.

No, at least not according to Thai law. The child has to be legitimized according to Thai law, as he was born in Thailand. Right now, the only county that might recognize the legitimisation according to Australian law is Australia itself.

If he recognised the child according to Australian law, it also doesn't automatically means that he also gained perental rights over the child. It are two seperate things, often going hand in hand, but not always.

[catwho]

Depending on the family situation,if possible for him, take the girl/f and son to OZ,

[play the game] get G/F to get son thai pasport [1week bkk]the dad goes with her on the day she applies,[early]then get taxi to oz embassy for passport aplication,10.30 till 12.30pm unless he has one,The son has citizenship papers,when ready take in to embassy to apply,maybe a month.just my thoughs,Be nice play the game, eaiser said then done.

cat

[Goinghomesoon]

The mother needs to sign permission for the child to get an Australian passport. He can email [email protected] to have the information sent to him.

Edited January 20, 2011 by Goinghomesoon

[Aussietraveller]

The boy must get an Australian Passport.

If he tries to travel to Australia on a Thai passport he will need to get a Visa.

A person who is an Australian Citizen (the child) is not eligible for any Australian Visa.

He will therefore be told by the embassy if he applies for a Visa, that he cannot get one.

If the father tries to hide the sons Aussie Citizenship, it will be pretty difficult to explain why they are going to Australia.

[thommo46]

Thank you, so far sounds like everything I've read is what I have been telling him. The main thing is the approval he needs from his G/F . Do you need a letter from District Amphor boss with her written approval otherwise you get to airport with farlang looking son going to Aus. First thing they think KIDNAPPING . Must have proper authority for travel.

Thanks Again for info.

Thommo.

[gburns57au]

Correct me if I am wrong....to get citizenship by descent the fathers name must be on the birth certificate, if that is the case then the father will have parental rights and would be recognised under Thai law.

The father and the mother according to the OP are still together but soemtimes a bit unhappy.

The main point is.....will they travel together as a family or not.....If the mother doesnt go then she will need to give her permission for the son to travel. If she goes she will need a visa and there are no issues with the child

The passport situation has been covered already.

[Mario2008]

Correct me if I am wrong....to get citizenship by descent the fathers name must be on the birth certificate, if that is the case then the father will have parental rights and would be recognised under Thai law.

The father and the mother according to the OP are still together but soemtimes a bit unhappy.

The main point is.....will they travel together as a family or not.....If the mother doesnt go then she will need to give her permission for the son to travel. If she goes she will need a visa and there are no issues with the child

The passport situation has been covered already.

Legitimisation under Thai law is not done by having your name on the birth certificate. In case the parents are married, it is done automatically. The law will presume that the husband is the father and that is that.

In case the parents are not married, the law cannot make such presumption. (If you want you can name the pope as the father on the birth certificate, doesn't mean he really is the father. Only that the person regestering the birth claims he is the father). As is the case in most countries, additional or other steps must be taken to bcome the legal father.

In Thailand you can only legitimize a child in 3 ways:

- marrying the mother

- petitoning the court to become the legal father

- going to the amphur and claim you are the father, to which both mother and child must agree. (Most amphurs will require the child to be at least 7 years old for that)

As said, given that the child is born in Thailand, Thai law applies and Australian law will not be recognised. (But the qquestion is also if legitimisation by Australian law indeeds also leads to parental rights)

If the mother doesn't go with them, she needs to give permisison. In practise showing the birth certificate on which he is named as the father will be enough, as they don't check if someone has parental rights.

[thommo46]

Thanks again for the info. I will pass it on .

[Old Croc]

The boy must get an Australian Passport.

If he tries to travel to Australia on a Thai passport he will need to get a Visa.

A person who is an Australian Citizen (the child) is not eligible for any Australian Visa.

He will therefore be told by the embassy if he applies for a Visa, that he cannot get one.

If the father tries to hide the sons Aussie Citizenship, it will be pretty difficult to explain why they are going to Australia.

100% correct.

Australians are not eligible for a visa to their own country. Visas are for non-Australians. They do require an Oz passport.

[Chris Lawrence]

Just a bit late in this thread.

Our son was born in Thailand, Oz citizen by descent, can obtain both Thai and Oz passports, his mum and I married in Oz before he was born; Our son has traveled twice to Thailand with his mum only on original Oz passport with no drama.

Oz Passport for Children lasts 5 years. Now due for renewal. As said by others visa not required if traveling on Oz passport to Oz.

Very easy to get son's passport at Oz embassy. Only drama was the photo, they are very strict with the exact way the picture shows the head of the person, with a baby this can be difficult with a photo shop that not sure themselves.