My Thai Son Returning To Thailand On A British Passport

[buckers99]

Hello everyone!

My son is two years old and is living in the UK with me, a British national. He was born in Thailand, has a Thai birth certificate and his mother is Thai. She still lives in Thailand.

My son left Thailand on a British passport and we will return to Thailand to live soon, but he doesn't have a Thai passport and will enter on his British passport.

I want my son to remain Thai but I don't know what the procedure is when we return to Thailand to make sure that my son remains Thai and not British.

I've sent the Thai embassy 3 e-mails regarding this matter, but they haven't replied to me. I managed to speak to an embassy official on the phone but it was incredibly difficult understanding his English.

Any advice anyone can give me regarding who to contact when we are in Thailand, what paperwork problems lie ahead, how much I'll have to pay etc... will be very much appreciated.

I know that anyone under 14 can't be charged overstay, but obviously I don't want to go down that road, I just want to do everything legally and above board.

Like I said, any information will be much appreciated.

Buckers99

[lopburi3]

You need to obtain a Thai passport for him (expect that will not be a problem if mother is here and will co-sign with you) and then he should leave on UK passport and return on Thai. But there is no issue with his being Thai if he was born here regardless of passport used. For you it should be easy as birth was here and Thai birth certificate. If not on a home register what will be first step.

[geriatrickid]

You need to obtain a Thai passport for him (expect that will not be a problem if mother is here and will co-sign with you) and then he should leave on UK passport and return on Thai. But there is no issue with his being Thai if he was born here regardless of passport used. For you it should be easy as birth was here and Thai birth certificate. If not on a home register what will be first step.

To dumb it down for simpletons like me, this means the kid will have to do a "visa run" type of trip once he gets his Thai passport. In the absence of a longer stay visa, that means he has approx. 30 days to sort this out (or rather mum and dad do) once the scion returns. Is my interpretation correct?

[Mario2008]

Yes, and no. As a Thai he can get a 1 year extension of stay just on show of proof he is a Thai national. So he has 30 days if entering on a UK passport without a visa to proof he is a Thai national. But as Lopburi said, overstay is not an issue for children under 14 anyway. In reality the child has years to sort this out. Only that the child will be registered in a household registration is important.

Since the Thai birth certificate is there, a Thai passport can easily be aquired (if the mother agrees). I understand that the mother is not in the UK, that means she must sign the application in Thailand, probably at the amphur to have the signature certified, and then send it to the UK where the father can aply for the Thai passport at the embassy.

[Maestro]

It's a shame that the Thai passport was not obtained for the child before he left Thailand. A Thai born in Thailand arriving in Thailand with a Thai passport without a Thai departure stamp will raise some suspicion. The immigration officer may want to refuse him entry on his Thai passport, insisting that he use his British passport, and it may become necessary to ask for a superior officer to deal with it, as immigration has no right to refuse him entry on his Thai passport under any circumstance.

[weary]

A Thai born in Thailand arriving in Thailand with a Thai passport without a Thai departure stamp will raise some suspicion.

The original post states that the boy left Thailand on his British passport. That way, should there not be a departure stamp in the passport as well?

[Maestro]

Yes, he's got his Thai departure stamp in his UK passport. The present idea is that he should get a Thai passport in the UK and present this passport to immigration on arrival in Thailand, and this Thai passport will have no Thai departure stamp. If you show the immigration officer the Thai departure stamp in the UK passport he will put the arrival stamp in the UK passport and send you on your way. I remember somebody posting how this happened to his Thai wife.

[lopburi3]

The OP did not say if he intended to live in Thailand now but if he does my suggestion was to get the passport here in Thailand where both parents are present; as he was born here there is no advantage to obtaining from Embassy. They can then re-entry with Thai passport any time they want to get back to no visa requirement. There is no issue of citizenship which was the concern.

[Phimeow]

Based on my own experience, I can say that it is imperative that the boy is registered to a Thai household. As he was born in Thailand, his birth should have been reported to the local amphoe office (otherwise there will be a fine) and he should have been registered to a house. If this is the case then I suggest that he enters Thailand on his UK passport, apply for a Thai passport while there (both mother and father present, with required documents). Once the passport is received, exit using UK passport and re-enter with Thai passport.

Good luck.