Thai Visa/Passport For American-Born Thai

[SaraLi]

We will be relocating from the US to Thailand for my work in a couple of months. My fiancee is an American born of Thai descent (his parents hold Thai passports) and 40 years old. He currently has only a US passport and US birth certificate. As things stand now, it appears that he would get a type O Thai visa (as we are domestic partners now) and have to renew it every 90 days, which is difficult since we have young children.

Does anyone know if it is possible for him to get a Thai passport (and if so, how)? If he can get a Thai passport, how long will he be able to stay in Thailand with one?

Many thanks!

[Lite Beer]

Your Husband is Thai by birth. He can get a Thai passport and stay in Thailand as long as he wants to as he is Thai.

Hopefully someone will come along with information on the best way to go about it as he will probably need documents from Thailand. birth Certificate, ID Card etc.

[lopburi3]

As he was born in US he needs to have that reported to the Thai Embassy and they can issue a passport to him. He can then use that passport to enter Thailand and the Embassy paperwork to obtain a Thai ID card and get listed on a home register in Thailand (family relatives would be starting point). That takes care of him but there is no provision for domestic partners under Thai laws so unless he then takes action to obtain Thai passports for children you and they are in limbo. You do not qualify for a non immigrant O visa until marriage and he has the Thai passport. Once that happens you need to take the same procedures for children I believe (being aware a male will be subject to military service in Thailand) and once living in Thailand you will be able to extend stay yearly (and become citizen later).

What is unclear in your post is you saying relocating for "your" work. You can not work in Thailand without a work permit and if you can obtain a work permit you would not need a husband or a non immigrant O visa as a non immigrant B visa is what employment allows. So this may be a temporary thing? Have provided long term stay information above. But in either case he should be getting his Thai passport as first step and that will required registration of marriage at Thai Consulate in US.

[Mario2008]

Being born of Thai parents with Thai antionality he has Thai nationality himself.

If he was born in Thailand, he will have a Thai birth certificate and with that can get a Thai passport. If he was born in the US, which seems to be the case, his parents must report his birth to the Thai embassy and apply for a Thai birth certificate. At the same time he can apply for a Thai passport.

With the Thai birth certificate the Thai government will have a record of him, as a Thai national and he can get a Thai passport.

Look on the Thai ambassy websiate or on the website of one of the General Consulates in the US for more information and to download the relevant forms. It shouldn't take that long to get the Thai birth certificate and passport.

[samran]

As others have said, your Husband, being born to Thai citizens, is automatically a Thai citizen.

Being born in the US he'll need to contact the Thai embassy in Washington DC to issue him with Thai birth certificate and at the same time, a Thai passport for which he can enter Thailand on.

Similarly, your children are also Thai citizens by virtue of being born to a Thai citizen, so they should be able to follow the same procedure as your husband.

Once in Thailand, your husband and children will need to register at the local municipality to obtain a house registration and an ID card (for all people over 7 years of age). Not difficult, though you'll need an address of a close friend or relative who is prepared to let you onto their house registration, unless of course you already own your own property there where you can be registered.

As others have said, defacto relationships aren't given any real recognition in Thailand, so your ability to extend your stay there is limited to you doing so under your own steam (eg working for a firm which will get you a work permit etc). If you do marry however, then a a woman married to a Thai male, extensions of stay are basically automatic with no proof of income or savings needed (which is the opposite to a foreign man married to a Thai female).

In terms of military service, your husband being over 30 years of age is automatically exempted. If you have any male children they will become liable to report for conscription at age 18, unless of course they are in college education or are outside of Thailand. But one way or another, I suspect that shouldn't be a huge concern for you right now as you sound like you have a young family.

All the best...

[p_brownstone]

Similarly, your children are also Thai citizens by virtue of being born to a Thai citizen, so they should be able to follow the same procedure as your husband.

Since their parents were not married at the time of birth, are the children entitled to Thai citizenship?

Just curious, I don't think I have seen this situation addressed before.

Patrick

[samran]

Similarly, your children are also Thai citizens by virtue of being born to a Thai citizen, so they should be able to follow the same procedure as your husband.

Since their parents were not married at the time of birth, are the children entitled to Thai citizenship?

Just curious, I don't think I have seen this situation addressed before.

Patrick

Good question and a potential spanner in the works from the Thai citizenship perspective- I'm not up on the rules of legitimisation, but I'm sure Mario will be along shortly as he speaks about this quite a bit in the family forum.

[Mario2008]

The father of the children was Thai at the moment of their birth, so the children are Thai citizens.

I think he can just claim to be their fahter at the Thai embassy when he applies for a Thai birth certificate for the children and a Thai passport for them, and I believe that in a case in the Netherlands that was enough for the embassy.

If not enough, he owuld need to officially recognize the children as his, or the children lay a claim that he is the fahter with DNA proof. It all would take a bit longer if they rquire a formal legal action first, but the end result would be that the children are Thai.