Border Pass to exit thailand then foreigner passport to re-entry: is it possible?

[janderton]

Me and daughter are about to leave thailand, my daughter's baby-sitter want to go with us: she is a 19yo girl who has dual citizenship, thai and italian -

She tried to obtain the Thai passport but, at the office she's been told that "as she's not yet 20 yo both parents authorization or guardians is mandatory": her thai mother lives in thailand and willing to give the authorization, her italian father is untraceable.

Then i did helped her to get the Italian passport (for them adult is at 18), now she got it, freshly issued by the italian embassy in bangkok: the italian consular attache' told us that, as there are no entry or exit stamp on it, thai immigration will non let her exit if she don't show also a thai passport!

Does anybody has idea of how to solve this issue? i must go soon, can't wait she turns 20.

Is it possible for her to exit thailand using a border pass (Lao, Cambodia or Malaysia) then re-entry in thailand using her foreigner passport (visa exemption 30 days)?

i've already asked to a couple of travel agencies in pattaya, got two different replies... "can but we not do this visarun service" and "cannot".

[ubonjoe]

She would not be able to do a passport swap with a border pass. Even swapping passports at a border crossing is almost impossible.

Are her parents married? If not I don't think there is requirement for her fathers consent to get the passport.

The Ministry of Foreign Affairs and associated websites are down so I cannot access the info needed to confirm it.

You can find the info here http://www.mfa.go.th/main/en/services/123 and then click passports on the menu.

[janderton]

Are her parents married?

married 22 years ago, never divorced,, the father was last seen by the mother in 2002.

[ubonjoe]

It should fairly easy for her mother to get custody at an Amphoe based upon abandonment that would be accepted for the passport office, It may take a couple of witnesses to that fact to get it done.

[janderton]

hmmm, fairly easy for her mother to get the custody...
well, as the case involve a foreigner father (i guess) the process must be done at the family court, the amphoe is not enough...
this means she requires a lawyer to file the petition (this would not be a problem) and to wait (months) for the court hearing

[ubonjoe]

I think a document for getting a passport can be obtained without going through the courts. It would be worth checking with the Amphoe about it and contacting the passport office.

[janderton]

She just phonecalled the thai passport's office and the amphoe's office, both confirmed that her mom must go to the family court, the estimated time to get the full custody is ot less than 3 months...

[samran]

She just phonecalled the thai passport's office and the amphoe's office, both confirmed that her mom must go to the family court, the estimated time to get the full custody is ot less than 3 months...

you're not going to like it, but getting custody is probably the best way to go. For me, getting the Thai passport is essential. She may hate it and want to come back and live her own life. So she will need a Thai PP to do that.

Can't really do passport swaps at the land border. The otherside will want to see an exit stamp from Thailand in the Italian passport.

The other long shot option is simply to exit at the airport on the Italian passport, bringing along the birth certificate. Foregin children born in Thailand obviously never entered, and the birth certificate shows that they were born here and now are leaving for the first time.

That she hasn't left for two decades may or may not be a problem, and she may be up for overstay, but if the urgency is there it might be worth a shot trying that.

Edited September 25, 2014 by samran

[janderton]

...getting the Thai passport is essential. She may hate it and want to come back and live her own life. So she will need a Thai PP to do that.

..exit at the airport on the Italian passport, bringing along the birth certificate. Foregin children born in Thailand obviously never entered, and the birth certificate shows that they were born here and now are leaving for the first time.

That she hasn't left for two decades may or may not be a problem, and she may be up for overstay, but if the urgency is there it might be worth a shot trying that.

i do agree getting the thai passport is essential for her, she can apply for it by march 2015 (when she will turns 20) at every thai embassy or consulate around the world, we already discuss about it, she will bring with her thai documentation;

the fact is that i will leave thailand soon, if she do not take the chance to have me as a guide/ticket payer i don't know when or if she will have another chance..

she is born in italy in 1995, brought to thailand in 2001, so the second option is ruled out (anuway friends told me this option work only forn newborn)

if will be not possible to find another legal way to leave thailand, i am willing to pay her "virtual" 13 years overstay (20k, right?) but i'd like to avoid her to be treated as an actual overstayer, so, no prisoncell, just pay the fine, a couple of wai and byebye.

[ubonjoe]

What passport did she use to enter Thailand back in 2001? If it was an Italian passport and she has that passport she could use her new Italian passport to leave.

[janderton]

she was 6yo when was brought into thailand in 2001, she has no memories of that period: i assume was on mother's passport...

anyway, she went to the immigration office this morning, officer said she can leave thailand on Italian passport paying 20,000 baht, no imprisonment nor trial.

[Charlie1]

It should fairly easy for her mother to get custody at an Amphoe based upon abandonment that would be accepted for the passport office, It may take a couple of witnesses to that fact to get it done.

Dear OP, dear UbonJoe,

unfortunately, this doesn't work anymore. Here's my experience:

I have lived with my Thai wife and my stepson in Germany for nearly 5 years before we moved to LOS 2,5 years ago. My stepson was issued a passport in Hat Yai 7 years ago, with which he travelled to and stayed in Germany. His mother divorced 15 years ago, and her ex and herself got shared custody of the child. As the father's whereabouts are unknown since then, the amphoe issued a statement that the father doesn't care for the kid and that the mother now has sole custody. The passport issuing authorities in Hat Yai accepted this paper from the amphoe.

Four months ago, we applied for a new passport for the boy in SuratThani and this was denied because we didn't have a COURT decision about the sole custody of the child (sole custody for the mother). We objected and explained (and showed the old passport) that if he had been issued a passport before with these papers, it should work out now as well. They contacted the office in Hat Yai and it was concluded that the first passport shouldn't have been issued at all!! The rules definitely say it has to be a court paper and a paper from the amphoe doesn't count. This is understanable, because it would be too easy to take away parental rights.

So, we went to court now and it was decided in Sept. 1st. that my wife has sole custody.

We will now be able to apply for a new passport (as soon as we get the written decision, which we are waiting for now since 4 weeks)

Hope this helps.

Best regards and good luck!

[Charlie1]

A small follow-up: Just for your information about the duration of legal processes in Thailand: Next monday, exactly 7 weeks after the court's decision, we will be handed out the written verdict, which we need to apply for a passport for our son. I really don't get it, why a small family court in Krabi needs 7 weeks, just to produce a single sheet of paper. But, after all, TIT...

[enuff said]

A small follow-up: Just for your information about the duration of legal processes in Thailand: Next monday, exactly 7 weeks after the court's decision, we will be handed out the written verdict, which we need to apply for a passport for our son. I really don't get it, why a small family court in Krabi needs 7 weeks, just to produce a single sheet of paper. But, after all, TIT...

Maybe to allow time for others involved to contest the decision?

If you got the paper instantly and then went through a bunch of other steps, it would be a drag for someone to come forward and try to reopen the case. There are similar points in western law (especially in civil/family courts) where, after a ruling, time is given for it to be contested.

enuff said

~

Edited October 17, 2014 by enuff said

[Charlie1]

A small follow-up: Just for your information about the duration of legal processes in Thailand: Next monday, exactly 7 weeks after the court's decision, we will be handed out the written verdict, which we need to apply for a passport for our son. I really don't get it, why a small family court in Krabi needs 7 weeks, just to produce a single sheet of paper. But, after all, TIT...

Maybe to allow time for others involved to contest the decision?

If you got the paper instantly and then went through a bunch of other steps, it would be a drag for someone to come forward and try to reopen the case. There are similar points in western law (especially in civil/family courts) where, after a ruling, time is given for it to be contested.

enuff said

~

I know what you mean. In our case, possible opponents to our application were given 2 months of time to object before the verdict on Sept. 1st. That also makes more sense. Why have a verdict and then give time to possible opponents to object? It's not a democratic process, but a courts decision, which is made only after all possible problems are ruled out. The seven weeks to produce the written verdict were just the time it needed to write it and get it signed by several judges.