Child Overstay and Thai/British Passports

[Buckers]

Hello Everyone,

my son is 5 years old and was born in Thailand, has a Thai mother (though we are not together) and a Thai birth certificate. We left Thailand several years ago to live in England and my son entered England on a British passport.

We have now returned to Thailand to live and my son entered on a British passport. He has been issued a Thai passport since we've been back, but is on overstay on his British passport.

I've been told that I won't have to pay an overstay fine. Is this true?

Also, should I show immigration both passports when we do a visa run?

Will there be any other problems?

Any advice will be much appreciated

[nzexpat]

You need to take a short cheap trip by air to another country.

Exit the country using the boys UK passport and return using his Thai passport.

Do not confuse issues by displaying both passports.

There are no fines for youngsters .

[Buckers]

Thanks NZexpat. I'm on a triple entry tourist visa so if I leave by air and return by air do I have to show an onward ticket to enter Thailand?

[rayongchelsea]

Why does the child need to leave. He is a Thai citizen. He isn't overstaying. Just go to the immigration office and explain the situation. He is 5.

[nzexpat]

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Thanks NZexpat. I'm on a triple entry tourist visa so if I leave by air and return by air do I have to show an onward ticket to enter Thailand?

No ! If you have a visa there is no such requirement !

Have you given thought to the long term because at the moment you only have the tourist visa ...............................................?

I do not mean to be intrusive but the child really will need some stability in his life . Have you been able to make arrangements for his schooling ?

[nzexpat]

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Why does the child need to leave. He is a Thai citizen. He isn't overstaying. Just go to the immigration office and explain the situation. He is 5.

That might secure the child an extension of stay but would not resolve the problem of the child having entering the country on a non Thai passport.

I am sure the "OP" will evaluate and take account of your expert advise

[paz]

Why does the child need to leave. He is a Thai citizen. He isn't overstaying. Just go to the immigration office and explain the situation. He is 5.

You are right, but from other reports the position that Thai immigration takes is to threat their citizens as foreigners, hassle and abuse them.

[elviajero]

"I've been told that I won't have to pay an overstay fine. Is this true?"

Yes that is true. He is a Thai citizen. He is not an Alien so he can't overstay.

Also I'm pretty sure children up to a certain age, which I think is 12, can't be fined. I tried to look it up, but I couldn't find the reference so don't take my word for it.

"Also, should I show immigration both passports when we do a visa run?"

No. That is unnecessary and might add confusion.

"Will there be any other problems?"

If you want to tidy things up, and have to leave, you could exit your son on the British passport. Then switch him over to the Thai passport when entering the neighbouring country and back in to Thailand.

I suppose that if you exit him on a British passport with an overstay, and get a corrupt immigration officer at the border, they may try to extort from you, so at the very least you should have your sons Thai ID (birth certificate) handy to prove he's Thai. But I'm pretty sure that legally they cannot charge your son an overstay.

Or just ditch the British passport altogether until you need it to enter the UK again, and use his Thai passport when going out/in Thailand.

If you haven't done so already and you're planning to live here full time then it's a good idea to get a 1 year extension based on being a parent, and then you won't need to do border runs.

[rayongchelsea]

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Why does the child need to leave. He is a Thai citizen. He isn't overstaying. Just go to the immigration office and explain the situation. He is 5.

That might secure the child an extension of stay but would not resolve the problem of the child having entering the country on a non Thai passport.

I am sure the "OP" will evaluate and take account of your expert advise

I have had the same experience with my daughter..came in on a uk passport ( under 12) Got Thai id, passport, told that the British passport no longer relevant in terms of overstay etc( no longer needed to get visa extension etc) ..admittedly some time ago. In fact showed both passports to immigration..given that everything is so variable..yours maybe a better solution but not the only one.