Thai Or British?

[gjbkk]

My Thai wife entered the Kingdom in 2004 with our 2 kids one was then 9 years old the other was just 1 years old. She travelled on her Thai passport but the kids travelled on their UK passports. I followed her here 5 months later and am here with an up to date work permit and visa.

During those five months she registered the kids on the house registration and as Thai, I think. On this last bit, I am uncertain of the actual facts.

However, my wife assumed that the kids were now Thai, and did not require any visa extensions.

We have moved from our original home which is in my wife’s name since about seven or eight month and we were told that the immigration police are looking for her by a friendly neighbour.

Have any of you any ideas as to why the immigration police would want to see her, are the kids Thai or British and should the kid’s visas been updated?[/size]

[lopburi3]

The kids need visas if using a UK passport. They are on overstay. The one year old should not have a problem as overstay fine is not collected for young children but not so sure about the older one. The max fine for overstay is currently 20k baht so I would make a visit to immigration ASAP with cash in pocket just in case. They may just want you to extend the childrens stay which I believe is a simple process.

They are here in Thailand as UK citizens and must have visa the same as you when they use UK passport. I would get them Thai passports and on next trip return using them.

[gjbkk]

I assumed as much. It is difficult to understand exactly what the wife has done, but thanks for the advice and I hope the passport will be easy to get.

[Boo]

Were they born in the UK? If yes, was their birth registered at the thai embassy in London? If not, then you need to visiti your local amphur with copies of their UK birth certs, transalations & your wifes ID card to get them registered as Thai citizens, then they will be able to get thai passports. As lopburi3 says, they are on overstay but I beleive children under 14y/o don't have overstay as such if the parents visa is valid. *This is something I read at the airport so don't take it as gospel) Go to immigration & ask them for advice, take a pile of money just in case & get it sorted with te passports.

[Maestro]

We have moved from our original home which is in my wife’s name since about seven or eight month and we were told that the immigration police are looking for her by a friendly neighbour.

Or might immigration be looking for you? Did you notify Immigration of your address change? Have you made your 90-day reports of address notification to Immigration, if applicable?

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Maestro

[gjbkk]

Thanks for the input Maestro, but my immigration papers are in order and the immigration are aware of my address. The problem is that my wife registered the kids at the old address after she came back to Thailand with the kids.

Now I realise the problem is probably because the kids came in on UK passports, is it better to sort out the problem at the airport or at the local Thai Immigration office.

[lopburi3]

Local immigration office should be used. Airport should be for entry/exit activities.

In the case of an adult on overstay the Airport is normally recommended as he has to leave anyhow and it is best to be found out on the way out. In your case you and wife should check what is required (perhaps nothing) and get on with your lives.

[samran]

Thai immigratoin offices don't have it within their power to 'take them off the books' (so to speak) as entering Thailand as UK nationals. Been there, tried it myself (though you should try it and see if things have changed).

Unless Thai immigration offices have changed their proceedures in the past few years, the easiest thing would be to take (fly) the kids out of Thailand (say to Singapore or HK) and then when they return, stamp them in on their Thai passports.

As far as I can tell, your kids are already registered as Thai nationals. Only Thai nationals can be registered on the Tabieen Baan, so getting them a Thai passport won't be a problem.

[Maestro]

Unless Thai immigration offices have changed their proceedures in the past few years, the easiest thing would be to take (fly) the kids out of Thailand (say to Singapore or HK) and then when they return, stamp them in on their Thai passports.

No problem entering Thailand with a Thai passport, issued in Thailand, without Thai exit stamp?

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Maestro

[samran]

Unless Thai immigration offices have changed their proceedures in the past few years, the easiest thing would be to take (fly) the kids out of Thailand (say to Singapore or HK) and then when they return, stamp them in on their Thai passports.

No problem entering Thailand with a Thai passport, issued in Thailand, without Thai exit stamp?

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Maestro

There should be no problem (though I know some member of the board here have had problems). In any case, all Thai passports these days say they are issued in Bangkok, regardless of where you applied for them.

[singa-traz]

Unless Thai immigration offices have changed their proceedures in the past few years, the easiest thing would be to take (fly) the kids out of Thailand (say to Singapore or HK) and then when they return, stamp them in on their Thai passports.

No problem entering Thailand with a Thai passport, issued in Thailand, without Thai exit stamp?

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Maestro

yes.

If the kid was born outside Thailand, and got his passport at the Thai embassy, there would be no stamp, for example.

You would get questioned by immigration a bit longer, if the kid try to enter Thailand with a Thai passport without the Arrival/Exit TM card and he previously used his Thai passport to exit/enter Thailand. (let you find the scenario as an exercice :-) )

In any case, be polite, explain calmly the situation, and swear you will not do it again.

[Maestro]

In any case, all Thai passports these days say they are issued in Bangkok, regardless of where you applied for them.

That’s great, eliminates one potential problem.

If the kid was born outside Thailand, and got his passport at the Thai embassy, there would be no stamp, for example.

You would get questioned by immigration a bit longer, if the kid try to enter Thailand with a Thai passport without the Arrival/Exit TM card and he previously used his Thai passport to exit/enter Thailand. (let you find the scenario as an exercice :-) )

In any case, be polite, explain calmly the situation, and swear you will not do it again.

Perhaps take a copy of the children’s UK birth certificate along. This should make explanation easier, if questions are asked.

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Maestro

[samran]

Sorry, but this is all palpable nonsense. Get Thai passports and leave on the UK passports and return on Thai passports? It is illegal for Thai dual nationals to exit the country other than on a Thai passport. So, if they have not been registered as Thai nationals get it done in double quick time.

OK, so they have entry stamp in UK passport but no exit stamp. So what. All imm have do do is enter on their computers - obtained Thai national status. End of story. ot so difficult really

Someone said easiest to go to Singapore or somwhere and return. Said I presume by someone who does not have a 3 year old kid.

That someone was me, and that someone has worked for the Thai government, so I do know how pig headed they can be if they want to, even with the kiddies. Sad but true.

As you said, as the kids are young there is no chance of overstaying at the moment, but the next opportunity they have to go on an international holiday, they should exit on the UK PP and enter on Thai PP when they come back.

Many moons ago I actually entered Thailand on my Aussie PP, as I was told at the time by the RTE in Canberra that immigration at Suan Phlu could switch the entry stamp over to my Thai PP. Lo and behold, they couldn’t. So I was stuffed and had to do a border run, re-entering on my Thai PP. The new computer system may have changed things, but it also may have not.

As for it being illegal for Thai’s to exit Thailand on anything other than a Thai passport, that’s not true. The legislation doesn’t mention it, unlike places like Australia, NZ and the US where home citizens must enter on their home passport, regardless of what other passports they hold. However, even though the law doesn’t mention it, I always recommend that you enter Thailand on your Thai PP each and every time, to avoid subsequent hassles.

[gjbkk]

Thanks everybody for the information. Thought I hate giving good money away the lawyers, I feel I need to take some legal advice on this matter. I will keep the board informed on the situation. Thanks again.