Child - long term overstayer question

[jasetheace]

I have seen the other post on this topic but it didn't fully answer my question so im hoping for some fresh and current advice.

My situation is as follows:

My daughter is 8 1/2 and lives in Udon Thani with her grandparents, she has been there since she was 18months. She is a Luk Kreung, half thai/half kiwi, her mum (my Thai ex-wife) lives in Melbourne, Australia and I live in Brisbane, Australia.

She has a NZ citizenship by descent and I obtained a NZ passport for her which she entered Thailand on but has since expired. I have recently obtained her another NZ passport which is unused. The mum was supposed to organise her a Thai passport but this hasn't happened. I have however managed to get her a Thai birth certificate so she has a NZ passport and a Thai birth cert.

I am wondering how I would go taking her out of Thailand. First up I want to test this by taking her up to Vientiane for a couple of days in October, we would only be there two nights. Next year I plan to take her to NZ but for now the focus is on the small trip to Laos.

I am finding conflicting information from my research. Eg I have read that immigration shouldn't fine the 20000 baht because she is under 15. I also questioned immigration at Survanabhumi last year and they said she might get fined because she entered on a NZ passport so she is an over stayer. I said well she has a Thai birth certificate so she is Thai and therefore not an over stayer.... this produced a bit of confusion and they couldn't give me a definite answer, but went back to the entry on the NZ passport.

Ideally I want to get her a Thai passport which should make travelling in and out of Thailand much easier but having issues getting to that stage as they want her to be on the family/house registration and the local amphur says I need my ex wife to do that. She is being unhelpful because she doesn't really want me to travel with my daughter. I also need her consent if I want to try and organise the Thai passport so struggling on that angle as well. I have found the thais generally don't want to deal with the farang, would rather deal with my ex wife but she doesn't visit Thailand very often these days, once a year at best, and we are never there at the same time.

Anyway, if anyone has definite info on how I might go at the Nong Khai border with my daughter holding a NZ passport, thai birth cert, and been overstaying for 7 years I would appreciate it. I need to be able to get her out for 2 days and then re-enter with her at the same border.

Chok Dee Krap

[Mario2008]

She has to leave on the NZ-passport, as she entered on that passport. So she has to transfer stamps from the old to the new passport. Given her age she is not subject to any overstay fines. Children under 15 years of age cannot be punished. Do not show the Thai birth certificate and indicate she is Thai, that only confuses things.

For a Thai passport you would need the mothers consent, unless you have sole parental rights. You probably have joined parental rights, together with the mother (unless the divorce agreement stipulates otherwise). The mother needs to co-sign the passport application, but can do so in Australia while only you appear at the passport office. In addition the child needs to be on a household registration book.

Thai immigration can ask you from permission from the mother before allowing you to leave, although the legal grounds for that are unclear as parental kidnapping is not a crime in Thailand. Especially if your child has a different last name as yours you can be questioned and ask for permission from the mother.

Given both you and the mother live in Australia, try to get permission from the mother to get a Thai passport and to travel to Australia.

[ubonjoe]

If your don't get her a Thai passport one option you have is take her out of the country to sort out the overstay problem. Then re-enter using her NZ passport and then she could apply for a one year extension at immigration based upon being a Thai national.

[jasetheace]

Thanks to you both for the great advice, much appreciated.

With that in mind I will have a crack at taking her out and back in on the NZ passport. I have both the old one she entered on as a baby and also a new unused one so presume I would present both.

My daughter has the same last name as me and I have an Australian birth cert I can take to prove im the father if need be.

When I divorced my ex wife we verbally agreed to split custody but neither of us got anything in writing regarding this.

I think I will also apply for the extension once we are back in Udon so she is not an over stayer for the next year anyway.

Just one more question, with a view to applying for a Thai passport for her down the track, is there anyway I can get her on her grandparents house registration? The amphur in her villiage seems to want the mum there, is there anyway around this? Does she definitely need to be on a house registration to apply for a passport? If I get a letter of consent from the mum (witnessed by the Thai consul in Melbourne) would this help with the house registration? Or with skipping that part of it?

As always any advice offered is appreciated!

[Mario2008]

A letter of consent should do the trick.

The mother signs the passport application witnessed by the Thai consulate and a letter allowing you to register her at the grandmothers house for the amphur. With that all will be well.

If that is arranged she will still have to leave on the NZ-passport as she entered on that one but next time just enters and leave Thailand on the Thai passport.

[jasetheace]

A letter of consent should do the trick.

The mother signs the passport application witnessed by the Thai consulate and a letter allowing you to register her at the grandmothers house for the amphur. With that all will be well.

If that is arranged she will still have to leave on the NZ-passport as she entered on that one but next time just enters and leave Thailand on the Thai passport.

Thanks again Mario, will try and get the letter of consent and see how I go with it all in October, will let you know