Question About Overstay For Thai National With Dual Citizenship

[BkkMikey]

I have a Thai friend who lived in The Netherlands for 12 years. Her stepfather is Dutch and she has a Dutch passport, as well as a Thai passport. After finishing college in The Netherlands, she decided to move back to Thailand. She asked the Thai embassy for advice and they told her that she could not hold two passports. They told her that she had to use her Dutch passport to travel back to Thailand and then destroy the Dutch passport. So she arrived in Thailand, showed her Dutch passport which was stamped with a 30 day VOA stamp and did NOT destroy it. She does not want to give up her Dutch citizenship, because her mother and sister still live in The Netherlands.

Right now she has 4 months overstay (fine THB 20,000??) on her Dutch passport. I know that she can renew her Dutch passport (it is still valid until 2015) here at the Dutch Embassy in Bangkok, but what can she do about the overstay and the stamp in her Dutch passport. Somewhere in the immigration computer system she must be listed as "illegal" now, which in my view is not possible since she is Thai. Any advice or suggestions are very much appreciated

[flying]

Not an expert but would guess that she could show her Thai passport on exit along with the Dutch passport.

Should be no problem. But next time use the Thai passport to enter.

I know when we travel my wife shows her Thai passport to enter Thailand from the US

I know many folks with Thai & another citizenship

(dual citizenship) None were forced to give up one.

[Soutpeel]

She needs to clear her overstay by leaving the country on her Dutch passport, pay the fine and come back on her Thai PP, not much else she can do, Under current Thai immigration law, she has entered as a Dutch national and is treated as such even though she is Thai.

I agree with you in saying she should be on an overstay in a country she is a citizen of, but thats just the way it is here

Thailand doesnt prohibit dual nationality, but I believe Holland does prohibit dual nationlality (will stand to be corrected on this)

She may have to make a decision at some point...

[Trembly]

She needs to clear her overstay by leaving the country on her Dutch passport, pay the fine and come back on her Thai PP, not much else she can do, Under current Thai immigration law, she has entered as a Dutch national and is treated as such even though she is Thai.

I agree with you in saying she should be on an overstay in a country she is a citizen of, but thats just the way it is here

Thailand doesnt prohibit dual nationality, but I believe Holland does prohibit dual nationlality (will stand to be corrected on this)

She may have to make a decision at some point...

I'm one of those dual Thai / Something Else passport holders who spent the longest time trying to be coy about any other nationality while in Thailand, and it was all in vain. Soutpeel is absolutely correct that it is OK to have dual citizenship in Thailand. Please also be advised that Thai officials will talk out of their arse in the absence of knowledge. If it is so illegal to hold another citizenship concurrently with Thai the reds would have gotten Abhisit to relinquish his British passport long ago, certain Thai pressure groups would be humming about the King's American passport and the yellows would be beaming as Thaksin relinquishes his Thai citizenship by default ..... none of that has happened because its OK to have more than one citizenship (Mr. T just doesn't have a valid Thai passport at the moment).

In any case, if she knows what's good for herself she won't let it get to the stage where she has to choose. It's not as if the Dutch and Thai immigration computers are linked.

[BkkMikey]

Thailand doesnt prohibit dual nationality, but I believe Holland does prohibit dual nationlality (will stand to be corrected on this)

Thanks for your reply. There is a debate in The Netherlands about prohibiting dual nationality, but for now it is still allowed. Even if the law would change on this point, it would not apply to those who have a dual nationality before the law change.

[steve187]

Are the passports in the same name?

[BkkMikey]

Are the passports in the same name?

Yes both passports are in the same name.

[needforspeed]

My children holding both Dutch and Thai Passports.

Just very bad advice from the Thai Embassy.

Entering Thailand on Thai Passport entering Holland on your Dutch Passport and you never have a any problem.

[craigt3365]

Why don't we move this over to the Visa forum?

Topic Moved.

[lopburi3]

As said in post 3 she must exit Thailand using the Dutch passport and pay the overstay. Then return using Thai passport. This should be done on an air trip as border posts check for exit stamps and would require approval of officers - but air it is not a problem.

[PaddyBKK]

As said in post 3 she must exit Thailand using the Dutch passport and pay the overstay. Then return using Thai passport. This should be done on an air trip as border posts check for exit stamps and would require approval of officers - but air it is not a problem.

I suppose she might be able to go to immigration @ the airport departures (with a fully refundable ticket for the sake of showing the ticket flight number on TM card etc.)

Pay the fine (B 20,000 I suppose`?)

Pass thru & then return with the Thai passport to the arrivals immigration desk.

can do ?

[Mario2008]

She must actually leave, so just a return ticket to a neighbouring country would be best.

Alternatively she can get extensions of stay on show of her Thai passport/ID-card till she really need to leave for 1,900 baht a year. (after she takes care of the overstay)

[driller114mm]

My Thai born 3 year old son has a similer problem. I obtained a Canadian passport for him from the embassy in BKK before traveling with him on a holiday this year to Canada. Upon exiting Thailand the Immigration Official ( IO ) told us that we should of gotten a Thai passport for him and that he could not keep 2 passport. They told us when we returned from Canada he would be stamped in as a Canadian boy with a 30 day Visa, subject to overstay penalties if he didn't leave again.

We keep our home in Thailand and this boy has lived there since he was born, but upon our return he was stamped back in with the 30 day visa. Within 10 days of our return we had his new Thai Passport and traveled into Lao with intent to stamp him out on his CDN pp and then return back into Thailand with his new Thai pp. NOT !!

The IO told us that he could not use the Thai pp to enter because he did not have an exit stamp on it showing when we left Thailand. They insisted that we could only come back into Thai useing his CDN pp and once again he was stamped in as a visitor. They did however say that until he reached the age of 14 years we would not have to pay any overstay penalties. they also told us that he couldn't keep 2 passport and upon reaching the age of 14 would have to give up one of them. He recommmende we keep the CDN as he said the Thai pp is not really useful anywhere only Thailand and everything in Thailand requiring ID can be done with the Thai ID cards.

So now my son is home in Thailand and in the eyes of his government he is an illegal, and i am not sure if we travel again if i will have to pay his overstay, so many different stories i don't know what to believe. Does anyone have any knowledge on what i can do to get him out of this mess? Please!

[lopburi3]

They told you wrong - he can have two passports and he can enter on his Thai passport without an exit on it - but this should be done by arrival at airport rather than land crossing where exit stamps are required for both countries. If airport officer says he can not ask that he consult an officer as Thailand can not keep a citizen from entry - even if Thai passport were expired. Normally officer will know the rules and it will not be a problem.

For now if you wish to make totally legal your son can extend stay for one year easily at Immigration on the CDN passport for 1,900 baht. But you will not have to pay overstay in any case.

[Badbanker]

What gets me Lopburi is that children that are born in Thailand with a Thai nationality on their birth certificate do not get a Thai passport when they are very young and then get around having this problem of having a second nationality all of their life.

Sadly there are many Thai immigration officers who are almost ultra nationalists and misinform people about the dual nationality thing so often.

Thai law is very very clear:

You are Thai by virtue of having a Thai parent regardless of where you are born and you will always have this right under the Thai Constitution till you die!

You have a right to as many nationalities as you qualify for and Thai law does not preclude you from this in any way!

My son had a Thai passport when he was 6 months old.

Yes I know there are some people from countries like the Philippines, Korea and Japan that are not allowed to have dual nationality!

[theslime]

I dont think their would be a problem if she left on her Thai Passport,my child arrived with foriegn Pasport and left with a Thai Passport no questions asked. But you never know,i took her to Cambodia and Thai Imm couldn,t be bothered to stamp her out.Crossed over got visa entry stamp,visa exitstamp came back to Thai entry and told where is Child stamp,I told them Thai guy said Mai mee pen ha he looked around then ushered us through mai mee pen ha.I love this place.

[lopburi3]

That was illegal and child will continue to be listed as in Thailand on the old passport and as overstay. An exit on foreign passport needs to be made to clear original entry.

[samran]

My Thai born 3 year old son has a similer problem. I obtained a Canadian passport for him from the embassy in BKK before traveling with him on a holiday this year to Canada. Upon exiting Thailand the Immigration Official ( IO ) told us that we should of gotten a Thai passport for him and that he could not keep 2 passport. They told us when we returned from Canada he would be stamped in as a Canadian boy with a 30 day Visa, subject to overstay penalties if he didn't leave again.

We keep our home in Thailand and this boy has lived there since he was born, but upon our return he was stamped back in with the 30 day visa. Within 10 days of our return we had his new Thai Passport and traveled into Lao with intent to stamp him out on his CDN pp and then return back into Thailand with his new Thai pp. NOT !!

The IO told us that he could not use the Thai pp to enter because he did not have an exit stamp on it showing when we left Thailand. They insisted that we could only come back into Thai useing his CDN pp and once again he was stamped in as a visitor. They did however say that until he reached the age of 14 years we would not have to pay any overstay penalties. they also told us that he couldn't keep 2 passport and upon reaching the age of 14 would have to give up one of them. He recommmende we keep the CDN as he said the Thai pp is not really useful anywhere only Thailand and everything in Thailand requiring ID can be done with the Thai ID cards.

So now my son is home in Thailand and in the eyes of his government he is an illegal, and i am not sure if we travel again if i will have to pay his overstay, so many different stories i don't know what to believe. Does anyone have any knowledge on what i can do to get him out of this mess? Please!

No overstay under 14.

He departs Thailand on the CDN passport, re-enters on the Thai. This can only be done by flying. No passport swapping can be done at land borders.

From then on - ALWAYS leave and re-enter Thailand on the Thai passport, as he shoud have from the get-go.

[Mario2008]

Actually, there is overstay for under 15, and the passport will be marked as having had an overstay. But there is no fine for under 15 years old.

[driller114mm]

My Thai born 3 year old son has a similer problem. I obtained a Canadian passport for him from the embassy in BKK before traveling with him on a holiday this year to Canada. Upon exiting Thailand the Immigration Official ( IO ) told us that we should of gotten a Thai passport for him and that he could not keep 2 passport. They told us when we returned from Canada he would be stamped in as a Canadian boy with a 30 day Visa, subject to overstay penalties if he didn't leave again.

We keep our home in Thailand and this boy has lived there since he was born, but upon our return he was stamped back in with the 30 day visa. Within 10 days of our return we had his new Thai Passport and traveled into Lao with intent to stamp him out on his CDN pp and then return back into Thailand with his new Thai pp. NOT !!

The IO told us that he could not use the Thai pp to enter because he did not have an exit stamp on it showing when we left Thailand. They insisted that we could only come back into Thai useing his CDN pp and once again he was stamped in as a visitor. They did however say that until he reached the age of 14 years we would not have to pay any overstay penalties. they also told us that he couldn't keep 2 passport and upon reaching the age of 14 would have to give up one of them. He recommmende we keep the CDN as he said the Thai pp is not really useful anywhere only Thailand and everything in Thailand requiring ID can be done with the Thai ID cards.

So now my son is home in Thailand and in the eyes of his government he is an illegal, and i am not sure if we travel again if i will have to pay his overstay, so many different stories i don't know what to believe. Does anyone have any knowledge on what i can do to get him out of this mess? Please!

No overstay under 14.

He departs Thailand on the CDN passport, re-enters on the Thai. This can only be done by flying. No passport swapping can be done at land borders.

From then on - ALWAYS leave and re-enter Thailand on the Thai passport, as he shoud have from the get-go.

Thanks , My original mistake was not getting the thai pp before i traveled the first time.This is how i had expected it to work though my wife is still concerned, she says they told her that they have changed the law and now a child cannot carry another pp with the thai. We will fly out next month and get his stamp but my concern is there will be no stamped immigration card inside his ppwhen we re-enter. I would think that no matter what they will let him enter without it because he is Thai, I just want them to forget about his CDN pp

[Mario2008]

There is no law change.

Airport imigration will stamp him in on his Thai passport after explanations. They see these kind of cases regularly and a supervisor will know how to handle.