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Child on overstay despite having Thai passport?


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Recently my parents took my 6 year old son over to the UK for a holiday. My son was born in Thailand, mother is Thai, and he has both a UK passport and a Thai one. Unfortunately, when coming back to Thailand, my dear mother used his British passport. So he now has a 30 day tourist visa stamp even though he is a Thai citizen.

Any ideas how to clear this up without having to take him over the border?

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Assuming, to the UK, the Thai Passport was used, I think, there is another problem:

He got exit stamped on the Thai Passport, but never ever got an entry stamp, somewhere else. in case (assumed) he entered England on the Uk-passport.

I think, you have to clear this with an immigration office in Thailand.

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He is going to the UK again next year. If children do not need to pay overstay, would it not be easiest to declare the issue at the airport? Presenting his Thai pp as well?

I would get it sorted asap, you never know how this may hurt him.

In theory it should be easy to sort, since he is Thai, but immigration does not make this easy and does consider him UK national since that is how he entered.

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He is going to the UK again next year. If children do not need to pay overstay, would it not be easiest to declare the issue at the airport? Presenting his Thai pp as well?

I doubt this can be rectified at a land border but you may wish to try (see post number 4)

Just book cheap flight to Malaysia .

Leave Thailand using the child's British passport and return, entering Thailand using his Thai passport.

No need to "declare" anything and "presenting" both passports to a immigration officer risks confusion !

This issue cannot be "cleared up" in country and the best that can be achieved is obtaining an extension of stay based on the boy being Thai

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

He is going to the UK again next year. If children do not need to pay overstay, would it not be easiest to declare the issue at the airport? Presenting his Thai pp as well?

I doubt this can be rectified at a land border but you may wish to try (see post number 4)

Just book cheap flight to Malaysia .

Leave Thailand using the child's British passport and return, entering Thailand using his Thai passport.

No need to "declare" anything and "presenting" both passports to a immigration officer risks confusion !

This issue cannot be "cleared up" in country and the best that can be achieved is obtaining an extension of stay based on the boy being Thai

I would keep the UK passport well out off sight if using the Thai one and the Thai one well out of sight if using the UK one. Immigration forced my ex to use her non-Thai passport when entering Thailand muttering something about "dual nationality not being allowed". She has since been hit up for overstay fines and fees for extending her visa.
Yes I know my ex could fix it but you don't know her and yes I know that dual nationality is allowed but immigration officers love to make up their own rules.
Edited by mngmn
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There is no problem here. As stated above children do not pay overstay. My daughter entered Thailand on a UK passport because the one from the Thai Embassy in London was not ready in time. It was 2 years before she left on the UK one and there was no problem at all. She then re-entered on the Thai one.

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There is no reason to do anything.

There is no overstay for kids before the age of 15.(We have asked the migration at airport and Bangkok, Local immigration office may say different to get you in paying the 1900,-)
You wont get any problem coming back.

I just went out of Thailand with my 9 year old girl on non Thai passport and no problem.
I will still use my non Thai passport to enter Thailand as then she is consider as Norwegian when staying inside Thailand(In case of crisis in country, or need help from embassy)

The same was told when i had my native Norwegian daughter with me, but on shorter overstay.

​Read about dual citizenship and possible problems when staying in the other country.

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There is no reason to do anything.

There is no overstay for kids before the age of 15.(We have asked the migration at airport and Bangkok, Local immigration office may say different to get you in paying the 1900,-)

You wont get any problem coming back.

I just went out of Thailand with my 9 year old girl on non Thai passport and no problem.

I will still use my non Thai passport to enter Thailand as then she is consider as Norwegian when staying inside Thailand(In case of crisis in country, or need help from embassy)

The same was told when i had my native Norwegian daughter with me, but on shorter overstay.

​Read about dual citizenship and possible problems when staying in the other country.

Check what your government says about dual nationality. They only have limited ability to help dual nationals. Someone with Thai nationality is Thai and will be treated the same as any other Thai by their government.

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Assuming, to the UK, the Thai Passport was used, I think, there is another problem:

He got exit stamped on the Thai Passport, but never ever got an entry stamp, somewhere else. in case (assumed) he entered England on the Uk-passport.

I think, you have to clear this with an immigration office in Thailand.

Why?

Nothing different was done from what many Thais holding dual nationalities do.

The only problem is that the wrong passport was used for entry.

Poster after ubonjoe speaks, you have your solution. The end.

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Next time just exit on the UK-passport and re-enter on the Thai passport.

I think exiting on a UK passport will require him showing the Thai visa that allowed him to enter Thailand with a UK passport. Or am I wrong?

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You have to use same passport in/out of each country...

Sins is a child you can arriveThailand on UK passport on VOA and overstay...Up to age 15

Or can enter/leave Thailand with Thai passport. (Enter leave uk on UK passport)

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The only way to change his entry is to leave and re-enter the country using his Thai passport on entry.

Flying out is best. With a bit of a discussion with the immigration officers before leaving the country at a border crossing they might allow him to re-enter the country with his Thai passport. Normally it is not possible to swap passports at a border crossing.

??? I don't quite get this. I've only made a couple of border runs, and that was many years ago, but what comes to my mind is just take the train down to Hat Yai. Overnight sleeper, very comfortable but take a jacket because the air con is murder if you've been in Thailand any length of time. At Hat Yai rent a car to take you to the border crossing. Forget what it costs, but it didn't used to be bad. At the border crossing walk through the check point, the officer will stamp your passport as having left the country. Go get a cup of coffee at the nearest restaurant, maybe a meal. I forget how long the trip is from Hat Yai, you might be hungry. Walk back through the check point with the Thai passport. If I remember correctly different officers are processing incoming and outgoing. Why would they not allow you to come back in on a Thai passport? They can't bar a Thai citizen from his/her own country, can they?

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??? I don't quite get this. ...

They can't bar a Thai citizen from his/her own country, can they?

You are right, of course, but it is reported that Thai immigration insists in all cases on seeing the leaving stamp, as well the ones of the other country on the same passport used for entering. Unfortunately most Thai and foreigner on this forums are not used to challenging the authority, and accept the abuse.

Edited by paz
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??? I don't quite get this. ...

They can't bar a Thai citizen from his/her own country, can they?

You are right, of course, but it is reported that Thai immigration insists in all cases on seeing the leaving stamp, as well the ones of the other country on the same passport used for entering. Unfortunately most Thai and foreigner on this forums are not used to challenging the authority, and accept the abuse.

OK, I still don't understand, but I've lived in Thailand a long time so it's not something I've never experienced before. Thank you for replying.

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Next time just exit on the UK-passport and re-enter on the Thai passport.

I think exiting on a UK passport will require him showing the Thai visa that allowed him to enter Thailand with a UK passport. Or am I wrong?

wrong as he camein on a 30 day stamp no visa required

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So long as you're planning on flying out of the country again within the validity of the current British passport - and while the child is still exempt from overstay fines - I would just leave it...

Use the passport next time you're leaving, you'll get asked to go up to the main immigration desk (where if it was an adult, they would have to pay for the overstay), and the passport will get the overstay stamp in it, but children don't have to pay a fine. (I think it's up to 14 - might be 15). This is what happened with my daughter one time when she'd entered on her UK passport as her Thai passport had expired.

The reason I mention the validity of the current passport is that I don't know how you'd transfer the entry to a new passport when it's an overstay. (It might not be a problem - I don't have experience of this).

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It doesn't really matter what passport your parents used, your son wouldn't be allowed to enter Thailand using his Thai passport if he has a UK passport so don't worry about it.

Don't comment on stuff you know nothing about.

LOL, then somebody needs to tell the immigration officers who refused to let my wife enter Thailand with our 18 month old son in June 2009 on his Thai passport, insisting that she used his UK passport and again in October 2013 when they refused to allow my wife and 2 kids to enter Thailand on their Thai passports again insisting that they use their UK passports, my wife included who is Thai. When I asked how they knew my wife and kids had a UK passport we were told that they checked-in with UK passports, so don't sit there telling me not to comment on stuff I don't know about.

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It doesn't really matter what passport your parents used, your son wouldn't be allowed to enter Thailand using his Thai passport if he has a UK passport so don't worry about it.

Don't comment on stuff you know nothing about.

LOL, then somebody needs to tell the immigration officers who refused to let my wife enter Thailand with our 18 month old son in June 2009 on his Thai passport, insisting that she used his UK passport and again in October 2013 when they refused to allow my wife and 2 kids to enter Thailand on their Thai passports again insisting that they use their UK passports, my wife included who is Thai. When I asked how they knew my wife and kids had a UK passport we were told that they checked-in with UK passports, so don't sit there telling me not to comment on stuff I don't know about.

Funny, not my experience, nor anyone I know. Nor is it anything I've heard of before. Does this happen when you travel with the kids?

Edit: Checked in with UK passport, that's the mistake. Check in with the passport to be used on entry at destination.

Edited by naboo
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