Child Overstay - New Passport, need to transfer the entry stamp/visa or not?

[paulsh]

Hello,

My child came to Thailand about a year ago on a TOURIST visa (30 days visa exempt).

Since then his passport has expired and he got a new empty passport from our embassy.

Do I need to go to the Immigration Office to get the entry stamp transferred from his old passport to his new passport?

I fear issues whenever he will attempt to leave the country again. Please advise, thank you!

[paulsh]

What is the recommended procedure for a foreign child living here?

[ubonjoe]

There is no need to go to immigration since your child has no visa or extension of stay.

Their is no overstay fine for children under the age of 15 but you will need to allow extra time when leaving for them to do the overstay paperwork and stamps.

When they leave the country you will need to show both passports. They will move the entry/permit to stay stamps to the new passport and stamp their overstay and departure stamps in the new passport.

If you are here on a long stay basis you should get your child's stay made fully legal by getting a visa and/or an extension of stay. What is your status here?

[paulsh]

Thanks ubonjoe for your reply!

When they leave the country you will need to show both passports. They will move the entry/permit to stay stamps to the new passport and stamp their overstay and departure stamps in the new passport.

Ok, that makes sense.

Will he get troubles getting back into Thailand once he has the overstay stamp in his passport?

If you are here on a long stay basis you should get your child's stay made fully legal by getting a visa and/or an extension of stay. What is your status here?

I am here on a Non-O visa (married to a Thai). My child was born aboard and have an European passport. So your recommendation is to get him a proper visa? What types of long-term visa could I get him? Is he eligible for a Non-O visa with a 1-year extension? His mother is Thai so he could get a Thai passport, however I do not want that, I want him to keep his foreigner/tourist status (for personal reasons).

[ubonjoe]

Your child will have no problem returning to the country.

You child could apply for an extension under clause 2.23 of police order 777/2551.

2.23 In the case of a person who used to have Thai nationality or whose parent is or was of Thai nationality visiting relatives or returning to his or her original homeland: Each permission shall be granted for no more than one year.

(1) There must be evidence that the applicant used to have Thai nationality or that his/her parent is or was of Thai nationality.

It is possible this could be done without them leaving the country because it does not require a visa to obtain the extension at immigration. They could clear the overstay when the extension is applied for. If their birth certificate is not in English you will need to have it translated to Thai and then have the translation certified by the Ministry of Foreign Affairs. With the birth certificate and your wife's house book and ID card he could get the extension.

I personally cannot conceive why you would want to deny your child having Thai nationality. At the age of 20 they could choose for themselves if they wanted to revoke their Thai nationality or keep it.

[paulsh]

Your child will have no problem returning to the country.

You child could apply for an extension under clause 2.23 of police order 777/2551.

2.23 In the case of a person who used to have Thai nationality or whose parent is or was of Thai nationality visiting relatives or returning to his or her original homeland: Each permission shall be granted for no more than one year.

(1) There must be evidence that the applicant used to have Thai nationality or that his/her parent is or was of Thai nationality.

It is possible this could be done without them leaving the country because it does not require a visa to obtain the extension at immigration. They could clear the overstay when the extension is applied for. If their birth certificate is not in English you will need to have it translated to Thai and then have the translation certified by the Ministry of Foreign Affairs. With the birth certificate and your wife's house book and ID card he could get the extension.

Thanks again for the information, so he doesn't even need a Non-O visa or even a regular tourist visa for that? He has 3 birth certificates: one from the country he was born in (in English), another one from my European embassy, and the third one is the Thai birth certificate from aboard Thai embassy (in Thai).

I'm wondering why they didn't inform me about this possible extension when I asked them at the Immigration in Jomtien.

I personally cannot conceive why you would want to deny your child having Thai nationality. At the age of 20 they could choose for themselves if they wanted to revoke their Thai nationality or keep it.

My child already has 3 nationalities, and as said above he also has the Thai nationality. I'm not denying my child having Thai nationality, I'm denying him to be a registered Thai citizen, not sure if you distinguish the difference

[ubonjoe]

He is already registered as a Thai and has Thai nationality since he has a Thai birth certificate. You did not mention he had that in your OP. That will make it easier later in his life if he wants to use his Thai nationality and obtain a Thai passport.

He can use his Thai birth certificate to get the extension or the one in English but that should match the passport he entered on.

No visa is required to get the extension. If a non immigrant visa is required it is mentioned in the clause of the police order.

Not all immigration officers are aware of every clause of the police order unless they take the time to look.

[Mario2008]

Per above your child is classefied as a Thai citizen.

Him being here on a foreign passport doesn't change that and doesn't have any benefits that I can think of. It only complicates matters relating to his stay in Thailand as he now falls under immigration regulations. (But for all other purposes is considered a Thai national).

[paulsh]

Per above your child is classefied as a Thai citizen.

I believe he is classified as a Thai national living aboard. He is not registered into any house book.

Am I wrong?

[paulsh]

He can use his Thai birth certificate to get the extension or the one in English but that should match the passport he entered on.

Ok thank you again for the helpful information. If the birth certificate must match the passport he entered on then it will be the European one, which is not in English, so that means I need to pay to get it translated + a trip to the Ministry of Foreign Affairs in Bangkok to get it certified, correct?

No visa is required to get the extension. If a non immigrant visa is required it is mentioned in the clause of the police order.

Not all immigration officers are aware of every clause of the police order unless they take the time to look.

In that case should I print a copy of the police order and bring it with me to the Immigration Office?

[TerryLH]

" I'm not denying my child having Thai nationality, I'm denying him to be a registered Thai citizen, not sure if you distinguish the difference "

Because of conscription? Or because of a conflict with one of his other nationalities?

If he's going to be living here he can avoid conscription easily enough by taking classes in high school.

He could get a Thai passport abroad using his Thai birth certificate. When he returns to Thailand just don't put him on the house registration.

[Mario2008]

Per above your child is classefied as a Thai citizen.

I believe he is classified as a Thai national living aboard. He is not registered into any house book.

Am I wrong?

That is possible, but it is advisable to register him on a household book somewhere.

It does has its benefits, for example relating to health care but also relating to his school choice. On government schools at least a percentage of the students must come from the local area and a limited percentage can be from elsewhere.

A lot of Thai parents try to have their children on a household book in the area of a school with a good reputation. Some I know even buy a house based on that.