30 day stamp on dual nationality (Thai/UK) UK passport for 2 year-old

[Cello]

Hi Mr. Lawyer,

Me (UK citizen) Wife (Thai) and 1 year-old son (dual Thai/UK) left Thailand for a trip to the UK last year. I came back early but when my wife came back she used the UK passport for my son when entering and they put a 30 day stamp in it.

I just found out and the Thai immigration now say that he will have to pay overstay for the entire year, as you know capped at 20,000THB. He is dual nationality and surely should not be expected to pay o stay in his own country? Also, I have read many places that a child below the age of seven cannot be charged.

Any info on this, also with a link to a Thai gov page where it proves this point would be most appreciated.

Many thanks,

Tom

[Cello]

http://www.thaivisa.com/forum/topic/594582-which-age-of-exemption-of-overstay-fine-fot-children-provide-some-links/

I just found this thread with a link to Thai Tourism site which states fines can only be given after 14 years of age. No idea is this helps my case or not; also, are you not supposed to show a valid return ticket for a 30 day stamp?

[thepool]

For certain Thai immigration did not say a baby would be liable for an overstay fine !

Where did you "learn" this from ?

Not that it matters as the child will not be fined !

[ubonjoe]

Children under the age of 15 do not pay a overstay fine but do get a stamp in their passport.

It may be that an immigration officer at a immigration office would not be fully aware of the rule. But at the airport they are aware because they do it all the time.

If you plan on your child staying here long term the best thing to do would be to fly to a nearby country using his UK passport and return on their Thai passport.

[samran]

children under 14 are generally waived from overstay fines.

Having said that, given your son is a Thai national, he should have entered in on the Thai passport. To do otherwise, means he is subject to immigration rules. Silly I know, but that is the way it works, and why some countries such as Australia and the US, generally refuse to let their nationals use foreign passports when entering.

Next time he leaves, he should depart on his UK passport, and re-enter on his Thai.

[Cello]

Thanks for the replies, guys.

The reason I am asking is because he and his mum will fly out to the UK in April.

If my wife continues things with the immigration people is there a chance that they will try to charge her? She is dead-set on getting it sorted before hitting the airport and is pretty stubborn

Really appreciate the help with this matter.

[ubonjoe]

There is nothing that can be done to clear the overstay other than leaving the country and re-entering the country with the Thai passport.

There will not be a problem when they leave the country. There are children leaving the country everyday with overstays and not having to pay the fine.

[thepool]

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Thanks for the replies, guys.

The reason I am asking is because he and his mum will fly out to the UK in April.

If my wife continues things with the immigration people is there a chance that they will try to charge her? She is dead-set on getting it sorted before hitting the airport and is pretty stubborn alt=facepalm.gif width=24 height=18>

Really appreciate the help with this matter.

Neither your wife or the baby will be fined !

<snip>

But if she insists I am sure someone will be glad to relieve her of some cash but do not expect a receipt !

[Cello]

Hi again,

This has developed a bit again now, but the Thai immigration are saying that he either has to denounce his Thai nationality and come and go attached to my work permit or simply apply for a UK visa on his Thai passport. There is no mention of a fine now but they've taken this pretty harsh line.

Is this simply the official line to toe and if he just goes to airport and uses his UK passport (with year's overstay after 90 day stamp) to leave and then his Thai passport to re enter all will be OK?

The wife is massively concerned as the people that said he either needs to either use UK or Thai passport were Survanambumi immigration.

Again,any help would be much appreciated.

Tom

[ubonjoe]

Hi again,

This has developed a bit again now, but the Thai immigration are saying that he either has to denounce his Thai nationality and come and go attached to my work permit or simply apply for a UK visa on his Thai passport. There is no mention of a fine now but they've taken this pretty harsh line.

Is this simply the official line to toe and if he just goes to airport and uses his UK passport (with year's overstay after 90 day stamp) to leave and then his Thai passport to re enter all will be OK?

The wife is massively concerned as the people that said he either needs to either use UK or Thai passport were Survanambumi immigration.

Again,any help would be much appreciated.

Tom

Just ignore anything the local immigration office is saying. They are full of xxxx (another word for excrement). I can say nothing more.

He will not be fined on departure from the country. He will only get a small blue stamp in his passport for the overstay exempt from the fine.

[Mario2008]

That immigration official is mistaken, he does not have to denounce any nationality as your child has Thai nationality by way of birth.

He entered Thailand on his UK passport and should leave on this. Unless 15 years or older no overstay fine is levied.

When returning he should enter on his Thai passport.

[Satcommlee]

Stay away from the local immigration office... You are just making things worse..

Just leave the country, pay no fine, re-enter on Thai passport - problem solved.

[thepool]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Hi again,

This has developed a bit again now, but the Thai immigration are saying that he either has to denounce his Thai nationality and come and go attached to my work permit or simply apply for a UK visa on his Thai passport. There is no mention of a fine now but they've taken this pretty harsh line.

Is this simply the official line to toe and if he just goes to airport and uses his UK passport (with year's overstay after 90 day stamp) to leave and then his Thai passport to re enter all will be OK?

The wife is massively concerned as the people that said he either needs to either use UK or Thai passport were Survanambumi immigration.

Again,any help would be much appreciated.

Tom

A baby is unable to "denounce" anything !

As said before the child needs to leave Thailand by air using the UK passport. Returning using the Thai passport.

Suspect your wife has been busy muddying the waters !

[Cello]

I have been given my work permit and some documents from the girls in my office. The expectation is that I'll go to Chamchuri Square tomorrow and try to get them to add my son to my work permit.

The main problem apparently is just that he came in on UK passport, just one little stamp and now he has to come in on work permit?!?! The other option presented by Thai immigration was to apply for a UK visa and use his Thai passport only.

I take it that the advice is still to ignore all of this and simply deal with the year overstay at the airport when they fly?

I assume that using different passports to enter/leave is not the official thing to do and this is why they are saying this. Is this right?

[Cello]

Also, if I do go to the BOI at Chamchuri tomorrow, could it do more harm than good?

[thepool]

You have received good advice here

What is done now is a matter of personal decision.

Doubt the child will be "added" to a work permit !

edit

typo removed

[ubonjoe]

You son cannot be added to your work permit. A work permit does not allow you stay in the country.

You can apply for an extension of stay for him as your dependent if you have an extension of stay.

Unless you are working for a company that has BOI privileges you cannot use Chamchuri Square.

There is really no rush to get your son on an extension of stay since he is not liable for overstay fines. I would just wait until you can take him out of the country to clear his current entry and then return on his Thai passport.

[Cello]

You son cannot be added to your work permit. A work permit does not allow you stay in the country.

You can apply for an extension of stay for him as your dependent if you have an extension of stay.

Unless you are working for a company that has BOI privileges you cannot use Chamchuri Square.

There is really no rush to get your son on an extension of stay since he is not liable for overstay fines. I would just wait until you can take him out of the country to clear his current entry and then return on his Thai passport.

Thank you for the reply, sir.

My company does have BOI privileges and I go to Chamchuri Square to do all things visa. They are adamant that he can get on my work permit and go for a 90 day stamps, but I am furious at the idea of this.

If he leaves the country on UK passport there will be no evidence in his Thai passport that he left. Will this cause a problem?

[thepool]

"If he leaves the country on UK passport there will be no evidence in his Thai passport that he left. Will this cause a problem?"

As said before

Leave & Return by air !

There will not be a problem !

[ubonjoe]

You son cannot be added to your work permit. A work permit does not allow you stay in the country.

You can apply for an extension of stay for him as your dependent if you have an extension of stay.

Unless you are working for a company that has BOI privileges you cannot use Chamchuri Square.

There is really no rush to get your son on an extension of stay since he is not liable for overstay fines. I would just wait until you can take him out of the country to clear his current entry and then return on his Thai passport.

Thank you for the reply, sir.

My company does have BOI privileges and I go to Chamchuri Square to do all things visa. They are adamant that he can get on my work permit and go for a 90 day stamps, but I am furious at the idea of this.

If he leaves the country on UK passport there will be no evidence in his Thai passport that he left. Will this cause a problem?

Not having a departure stamp in his Thai passport will not be a problem.

It seems they are mixing up terminology between extensions of stay and work permits. A work permit does not allow you to stay in country it only allows you to work and is one of the things you need to get an extension of stay.

As I said there is no rush to get him on an extension.

He is still a Thai and there is a birth certificate to prove it along with a listing in a house book. Any issue that came up for schools medical care and etc. can be handled with those documents.

[apiwan]

You said wife and kid are leaving in April back to UK.

Sound advice has been given just go out on his UK passport and next time he returns enter on thai passport.

You seem to be making it difficult now with work permits and girls in the office.

The worse thing is to consult with a thai person who has no knowledge of the visa system.

And no I'm not bashing the thais. But if in the UK you wouldn't consult with work members about immigration yo would ring them up.

Hope this helps

Sent from my SM-N9005 using Thaivisa Connect Thailand mobile app

[Cello]

Hi guys,

It seems that the people who gave my company info at immigration and the people who my wife spoke to were all completely wrong, and you are all bang on. We went to the BOI today and I caught the ear of a very good officer there who explained that we leave on the UK passport and return on the Thai passport. Upon returning we need to explain everything and ask the immigration officer nicely to stamp the Thai, not the UK passport; if he/she stamps the UK passport then we will need to get my son involved in my work permit.

Essentially, you guys were all correct. Thanks for the help.

Tom

[thepool]

When returning just present the Thai passport !

Keep the UK document out of sight.

No need to complicate a simple process with "explanations" unless specifically asked.

[asiaexpat]

My kids all have dual citizenship and we have a lot of experience with your situation. The answer is very simple and all you do is exit your child using the UK passport. When returning enter Thailand with the Thai passport. Don't, I repeat, do not mention a UK passport. If asked why the passport has no exit stamp just explain that the child was previously on a different passport. If you show both to immigration immediately on entry you will create more questions that are not necessary. Keep the UK passport in your luggage. Never apply for a Thai visa or extension of stay for that child as the child is a Thai and should be in Thailand as a Thai.