Dual citizen thai son: can he travel with non-thai father abroad?

[4evermaat]

I plan to go to Malaysia soon by train or bus. My 3 year old son that was born in Thailand, has a US passport but no thai passport/ID card (only thai birth certificate and housebook registration). Can he travel with myself alone? I will be using US passport as well. I wanted to see if anyone else has had any experience with this.

I'm not sure if I would have to get thai passport first or need the mom to come with. I would prefer to be able to travel out alone with son.

edit: does he require a passport to travel as a dependent at 3 years old to Malaysia?

edit2: Son and I both have the same last name on passport and thai birth certificate.

Edited October 20, 2015 by 4evermaat

[paz]

Your son does not need a passport to travel to Malaysia and return, although I recommend that you obtain a Thai passport for him, it's cheap, fast and easy.

If you don't get the passport you will need his birth certificate and housebook,

In any case you will also need your Thai marriage certificate to show that you are the legal father, and an affidavit of consent to travel, signed and stamped by mother at the Amphur. as well as copies of her ID card and housebook.

Note 1: likely you will not be asked to show all that, but if you are, you will need to have it.

Note 2: avoid him travelling with the US passport. The reason is that if he re-enters Thailand with the US passport he will be treated by immigration as a foreigner without the possibility of changing state in country.

Edited October 20, 2015 by paz

[4evermaat]

^^ Is there a specific form for the consent affidavit?

Not married.

How long does the application for Thai passport take? Can it be rushed? If I go on a Monday, how fast could I receive it? Are they open on Saturdays/Sundays?

Regardless of if mom goes with me or not to Malaysia, is it easier for Thai son to enter Malaysia on USA passport or Thai passport?

[samran]

Your son is a Thai citizen. He'll need a Thai passport to exit and re-enter Thailand, otherwise he will be treated as a foreigner for immigration purposes. So he'll need that otherwise you'll be dealing with the mess of immigration for your child when you get back.

Thai passports are perfectly fine for travel to Malaysia. They get 30 days automatically and I have never had a problem entering and we recently took our kids into Malaysia overland from Singapore two months ago using Thai PP. A few years back we also crossed into Malaysia from southern Thailand, with kids, with no problems.

US passports are also fine for Malaysia, though if entering by land you wont be able to do a 'passport swap' at the border.

Firstly, they Malaysians be looking for the exit stamps from Thailand (which is in the Thai passport). Secondly, not only does Malaysia NOT recognise dual nationality, it does not recognise the concept of dual nationality. So just flash the Thai passport and all will be fine.

For travelling without the mother, best keep a copy of the sons birth certificate and translation showing you are the father. A letter from the Mother always helps as well. The key thing is the prevention of child trafficking. Odds are you won't need it, but best to have them on you.

[paz]

^^ Is there a specific form for the consent affidavit?

Not married.

How long does the application for Thai passport take? Can it be rushed? If I go on a Monday, how fast could I receive it? Are they open on Saturdays/Sundays?

Regardless of if mom goes with me or not to Malaysia, is it easier for Thai son to enter Malaysia on USA passport or Thai passport?

I believe there is no published form, but the Amphur likely have one.

Remember that since you are not married to the mother, for Thai law you are not his legal father, even if you are named on the birth certificate.

That doesn't mean you can't travel with him, but it would better that you gain your rights and also recognize the rights of your son in Thailand. Before he's 7 or so you need a family court decision, after that he can express his will together with you directly at the amphur.

[paz]

Firstly, they Malaysians be looking for the exit stamps from Thailand (which is in the Thai passport). Secondly, not only does Malaysia NOT recognise dual nationality, it does not recognise the concept of dual nationality. So just flash the Thai passport and all will be fine.

Absolutely true, but keep in mind that the restriction is limited to Malays. Foreigners, like the OPs' son, can show or use as many passports they want, and there in nothing that Malaysia can or will want to do about it.

Edited October 24, 2015 by paz

[samran]

Firstly, they Malaysians be looking for the exit stamps from Thailand (which is in the Thai passport). Secondly, not only does Malaysia NOT recognise dual nationality, it does not recognise the concept of dual nationality. So just flash the Thai passport and all will be fine.

Absolutely true, but keep in mind that the restriction is limited to Malays. Foreigners, like the OPs' son, can show or use as many passports they want, and there in nothing that Malaysia can or will want to do about it.

except not let you enter....as they did with me when I tried to swap passports.....

[paz]

except not let you enter....as they did with me when I tried to swap passports.....

But that is is not because they had a problem with you having dual citizenship. It is because they wanted to see the stamp on the same passport with which you left Thailand, possibly at a land border. As you know, Thailand does the same.

[samran]

except not let you enter....as they did with me when I tried to swap passports.....

But that is is not because they had a problem with you having dual citizenship. It is because they wanted to see the stamp on the same passport with which you left Thailand, possibly at a land border. As you know, Thailand does the same.

They have problems with you having dual citizenship. The positively hate it.

Need to trawl back through the board, but if I recall correctly, there was an Australian/British passport holder who was taken into custody in Malaysia on a visa run due to having two passports on him. A few other stories of people being held up, taken into offices, missing their connecting transport etc. At other borders you'll get a simple 'can not'. Malaysia make an event of it.

Edited October 26, 2015 by samran

[paz]

They have problems with you having dual citizenship. The positively hate it.

Need to trawl back through the board, but if I recall correctly, there was an Australian/British passport holder who was taken into custody in Malaysia on a visa run due to having two passports on him. A few other stories of people being held up, taken into offices, missing their connecting transport etc. At other borders you'll get a simple 'can not'. Malaysia make an event of it.

They can hate it but can't do a thing against. No jurisdiction and no legal power agasit foreigner holding their own (multiple) citizenship. Note again - I'm not talking about entering/leaving with different passports, which is an hard call anywhere.

[4evermaat]

The consensus seems to be if you try to 'swap' passports between nationalities (leave one country on one passport and arrive to another country on a different passport), do so using air (or maybe boat) travel. Avoid swapping different passports between land borders, particularly Malaysia.

Thank you both. Although I may end up going solo anyway due to the timing, it's good to have.