Farang Baby Born In Thailand: What Visa?

[Learned]

What visa if any would a farang baby born in Thailand to british parents here on work permits need?

Would the child be free to leave and enter the country?

Thanks

[lopburi3]

Child will need a passport first. Then can leave with birth certificate but will need visa or visa exempt entry for return. There is no overstay charged for child so that is not a factor.

If parents are on extensions of stay they can obtain matching extension for child but immigration may just say forget it as no penalty not doing.

[ludditeman]

Don't forget such a child will be considered "British by descent" and not fully entitled to pass on citizenship to it's children.

[bifftastic]

Really? A child born to British parents is only British by descent? Are you sure?

[ludditeman]

Really? A child born to British parents is only British by descent? Are you sure?

Children born to UK citizens outside of the UK will be British by descent with the right to reside in the UK, but can only pass on citizenship if their children are born in the UK.

They don't get a British birth certificate either, but can register with the consulate (6,500bht approx) for a British consular birth registration document.

(Doesn't apply to children of people working for the British government, troops, consular staff, etc.)

[Forkinhades]

Really? A child born to British parents is only British by descent? Are you sure?

Child is British with right to reside in the UK but can only pass on citizenship if, children are born in the UK.

utter rubbish

[bifftastic]

Well, the UKBA website does seem to agree.

If your parent(s) are British and you're born outside what is called a 'qualifying territory' which I assume Thailand is, then you will be british by descent. That means that you do not pass that citizenship on by automatic right to your children, although you may apply for citizenship.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/

[bifftastic]

Really? A child born to British parents is only British by descent? Are you sure?

Children born to UK citizens outside of the UK will be British by descent with the right to reside in the UK, but can only pass on citizenship if their children are born in the UK.

They don't get a British birth certificate either, but can register with the consulate (6,500bht approx) for a British consular birth registration document.

(Doesn't apply to children of people working for the British government, troops, consular staff, etc.)

Thanks for that, I didn't realise.

[ludditeman]

Thanks for that, I didn't realise.

Very few do realise, then you get those in denial.

Fairly recent law by the way (last 50 years), my friend who is age 60 and born abroad, doesn't have such restrictions on his citizenship.

If you are a pregnant British woman (or have right to reside in the UK), best to travel back to the UK and have the baby.

(no matter what the nationality of the father)

[Forkinhades]

Thanks for that, I didn't realise.

Very few do realise, then you get those in denial.

Fairly recent law by the way (last 50 years), my friend who is age 60 and born abroad, doesn't have such restrictions on his citizenship.

If you are a pregnant British woman (or have right to reside in the UK), best to travel back to the UK and have the baby.

(no matter what the nationality of the father)

please read this

http://www.ukba.home...zen/bornabroad/

In answer to the OP, It is my understanding that if one of the parents has a visa the child is entitled to stay under that visa.

[ludditeman]

Thanks Fork, not seen that 'quibble' before

Seems that if the "British by Descent" child lives in the UK for 3 consecutive years at any time before reproducing and one of his parents was full British citizen, the children may also become "British by Descent"

Still makes them second class citizens though, and personally I would have tried to avoid the situation if possible.

[Forkinhades]

• the parent who is British by descent lived in the United Kingdom at any time before the child's birth for a continuous period of three years*; and
• during the period they were living in the United Kingdom the parent was not absent for more than 270 days; and
• the application is made before the child's 18th birthday

the child does not have to reside in the UK for 3 years

[ludditeman]

..... the child does not have to reside in the UK for 3 years

I don't quite understand what your point is?

When you are a British citizen and have a child in Thailand, that child is no longer a full British citizen, but British by Descent, with restricted rights.

We are both in agreement, so my statement is not "utter rubbish" and you are merely posting pointless garbage about how, once having destroyed a childs rights to full British citizenship you can mitigate the mistake.

Why would you put that child in such a position in the first place? not worth it over a long holiday or a crappy teachers job in Thailand IMHO.

[Forkinhades]

I feel so stupid now, for pointing out the facts you missed.

I am out of this thread

[Sophistichica]

If you are a pregnant British woman (or have right to reside in the UK), best to travel back to the UK and have the baby.

(no matter what the nationality of the father)

I agree, however be aware that if the father is Thai, he'll have a LOT of trouble getting into the UK, even just for a holiday, my friend has been trying to see his daughter who is now 18 months old, he's applied 3 times and been refused every time, even though he's been to the UK once before AND proved he has money in the bank.

[wayned]

I don't know if it's just me but from the what's being said on some of these threads I'm beginning to think that representatives of FROC, BMA and the PM's office have hacked into the Thai Visa website.

[samran]

..... the child does not have to reside in the UK for 3 years

I don't quite understand what your point is?

When you are a British citizen and have a child in Thailand, that child is no longer a full British citizen, but British by Descent, with restricted rights.

We are both in agreement, so my statement is not "utter rubbish" and you are merely posting pointless garbage about how, once having destroyed a childs rights to full British citizenship you can mitigate the mistake.

Why would you put that child in such a position in the first place? not worth it over a long holiday or a crappy teachers job in Thailand IMHO.

I don't really see the issue here. This law basically reflects Australian or NZ citizenship law where citizen 'by descent' can have their rights to pass on their citizenship to their kids (if those kids too are born OS) simply by having lived in the home country. In Australia's case it is 2 years, in NZ's case it is 5 years.

It isn't a big deal if your family has genuine ongoing links to those home countries. My kids were born in Thailand (and have Thai citizenship) but have now 'served' a cumulative 2 years in OZ to pass down their OZ citizenship to their kids (if they happen to be born outside of OZ).

So there doesn't need to be 'destruction' of a child's rights if at some point during their childhood there are firm plans to go back and live in the home country anyway.

[happysanook]

Thanks Fork, not seen that 'quibble' before

Seems that if the "British by Descent" child lives in the UK for 3 consecutive years at any time before reproducing and one of his parents was full British citizen, the children may also become "British by Descent"

Still makes them second class citizens though, and personally I would have tried to avoid the situation if possible.

makes sense to me. if it was the other way around (full British citizen), by the time the kid has grandchildren they COULD be 12% "British" and born in Timbuktu but still be full British citizens?

somehow the way it is seems far more right to me regarding citizenship.

[Learned]

What are the differences in being born British and British by descent?

[ludditeman]

What are the differences in being born British and British by descent?

"British by Descent" is someone born outside of the UK with at least 1 British parent (limited citizenship).

'British" is someone born in the UK (or several other listed countries)with at least 1 British parent (full citizenship).