Kids Overstay in Thailand (< 12 years old). What to do?

[ihightower]

Hi, My kids are age 1, 3 and 9.

They have entered Thailand on "visa on arrival" for 1 month stay.

I have been told through various friends that children under 12 (or some others say under 16) can overstay without any problems. In fact, my kids overstayed.. sometime last year.. without any issues too.

I have work permit. My wife has Non-O.. extended same as visa. We are NON-THAI.

What is the latest info on kids overstaying.. after the recent changes with immigration... crackdown of overstayers.. arrests, etc.

Please advise.

[ubonjoe]

Children under the age of 15 do not get charged the fine for an overstay but they do get overstay stamps. There have been no changes. Children under the age of 18 are also exempt from being banned for overstaying under the new rules.

Your children could be on extensions as your dependents.

[maoro2013]

My daughter, now 11 has no visa at the moment. I renewed her Australian passport and took it to Kap Cheong for a new visa and they said simply don't worry about it until she is 15, and made no effort to bother, basically sent me away.

She has been attending school, here for more than two years.

I am taking steps for my Thai wife to adopt her to help pave the way for citizenship for her. My lawyer said this will all happen, the citizenship a few years off.

[ubonjoe]

My daughter, now 11 has no visa at the moment. I renewed her Australian passport and took it to Kap Cheong for a new visa and they said simply don't worry about it until she is 15, and made no effort to bother, basically sent me away.

She has been attending school, here for more than two years.

I am taking steps for my Thai wife to adopt her to help pave the way for citizenship for her. My lawyer said this will all happen, the citizenship a few years off.

They probably told you that because there was nothing else they could do. What is her current status now. Does she have a visa entry she could extend?

What is your status here? If you are on an extension could be on an extension as your dependent.

Not sure your wife adopting her will really give her a path to getting citizenship.

Not having to pay overstay fines does not mean a child should not remain here legally.

[snowgard]

But why they are overstay? It's like you call for trouble.

You know it's wrong to overstay but you do it with your kids?

WHY???

Sorry but I can't understand it!!!

[Estrada]

Children under the age of 15 do not get charged the fine for an overstay but they do get overstay stamps. There have been no changes. Children under the age of 18 are also exempt from being banned for overstaying under the new rules.

Your children could be on extensions as your dependents.

But the parents can get fined B2,000 for not reporting their stay in Thailand every 90 days. Happened to us a few times when my wife forgot to make the report for our eldest daughter who was born in the UK. She now has a Thai passport so no problem now.

[ubonjoe]

Children under the age of 15 do not get charged the fine for an overstay but they do get overstay stamps. There have been no changes. Children under the age of 18 are also exempt from being banned for overstaying under the new rules.

Your children could be on extensions as your dependents.

But the parents can get fined B2,000 for not reporting their stay in Thailand every 90 days. Happened to us a few times when my wife forgot to make the report for our eldest daughter who was born in the UK. She now has a Thai passport so no problem now.

Immigration was technically wrong for charging the fine for a child under 15. But they may of considered it was your wife's responsibility so they fined her.

[bark]

My daughter, now 11 has no visa at the moment. I renewed her Australian passport and took it to Kap Cheong for a new visa and they said simply don't worry about it until she is 15, and made no effort to bother, basically sent me away.

She has been attending school, here for more than two years.

I am taking steps for my Thai wife to adopt her to help pave the way for citizenship for her. My lawyer said this will all happen, the citizenship a few years off.

If she cannot get to keep her Aussie passport, why would you want to make her a Thai citizen ? What if you want to send her back to the Land of Oz for University ? You will pay foreign prices. And no, I am not from the Prisoner country of Australia.

[ubonjoe]

My daughter, now 11 has no visa at the moment. I renewed her Australian passport and took it to Kap Cheong for a new visa and they said simply don't worry about it until she is 15, and made no effort to bother, basically sent me away.

She has been attending school, here for more than two years.

I am taking steps for my Thai wife to adopt her to help pave the way for citizenship for her. My lawyer said this will all happen, the citizenship a few years off.

If she cannot get to keep her Aussie passport, why would you want to make her a Thai citizen ? What if you want to send her back to the Land of Oz for University ? You will pay foreign prices. And no, I am not from the Prisoner country of Australia.

Why do you think she would have to give up her Australian passport if she got Thai citizenship. She can have both.

[KhunG]

When we moved here with our kids, we had obtained Thai birth certificates for them from the embassy, but hadn't had time to get them Thai passports. We brought them in on O visas, and got their Thai passports after we were in country. When I took them to immigration to clear their entry stamps in their US passports, they told me they don't follow up under 15 year old children.

[dvpscott]

My daughter, now 11 has no visa at the moment. I renewed her Australian passport and took it to Kap Cheong for a new visa and they said simply don't worry about it until she is 15, and made no effort to bother, basically sent me away.

She has been attending school, here for more than two years.

I am taking steps for my Thai wife to adopt her to help pave the way for citizenship for her. My lawyer said this will all happen, the citizenship a few years off.

If she cannot get to keep her Aussie passport, why would you want to make her a Thai citizen ? What if you want to send her back to the Land of Oz for University ? You will pay foreign prices. And no, I am not from the Prisoner country of Australia.

you taik rubbish,she can have a aussie passport,thai I d card at 7 years and over,you have children of your own

[ubonjoe]

When we moved here with our kids, we had obtained Thai birth certificates for them from the embassy, but hadn't had time to get them Thai passports. We brought them in on O visas, and got their Thai passports after we were in country. When I took them to immigration to clear their entry stamps in their US passports, they told me they don't follow up under 15 year old children.

Immigration cannot clear an entry done on a passport. The only way to clear an entry is to leave the country and re-enter using the Thai passport.

Immigration could of done a one year extension extension for them as returning Thai nationals.

[snowgard]

And they must FLY OUT. Border run do cambodia, Myanmar, Laos, Malaysia can't help!!!
But they can fly to this countries and come back with their Thai Passport.

[bkk_mike]

My daughter once entered on her UK passport (as her Thai passport had expired).

We got her Thai passport renewed, but we had to remember to use her UK passport the next time she left the country. (She technically overstayed, but with her Thai passport, we weren't exactly worried about being stopped by the police).

Also, as she was under 14 when she next flew out - she got the overstay stamp in her passport - but no fine.

[blackcab]

My daughter once entered on her UK passport (as her Thai passport had expired).

We got her Thai passport renewed, but we had to remember to use her UK passport the next time she left the country. (She technically overstayed, but with her Thai passport, we weren't exactly worried about being stopped by the police).

Also, as she was under 14 when she next flew out - she got the overstay stamp in her passport - but no fine.

I thought a Thai could enter on an expired Thai passport?

[bbi1]

But why they are overstay? It's like you call for trouble.

You know it's wrong to overstay but you do it with your kids?

WHY???

Sorry but I can't understand it!!!

Exactly. Is it that hard to bring your kids along to immigration when you go for an extension of stay? It's also pretty irresponsible as a parent to not look after your kids properly and make sure they're all legal in a foreign country

[KhunG]

When we moved here with our kids, we had obtained Thai birth certificates for them from the embassy, but hadn't had time to get them Thai passports. We brought them in on O visas, and got their Thai passports after we were in country. When I took them to immigration to clear their entry stamps in their US passports, they told me they don't follow up under 15 year old children.

Immigration cannot clear an entry done on a passport. The only way to clear an entry is to leave the country and re-enter using the Thai passport.

Immigration could of done a one year extension extension for them as returning Thai nationals.

As I understood it, their point was that the entry stamp will not be followed up on, as they were underage. When they leave and enter Thailand in the future, they'll use their Thai passports, and Thailand will never see their US passports again.

In any case, US passports for under 16 year old children only last five years, so these will expire with the entry stamp in them. Their current and future US passports will only be used in other countries.

[ihightower]

Thank you for all your replies.

I have checked with a known travel service company... and they confirmed.. Kids under 14 years old (< 14 years) can overstay without any issues.

And, I have also checked with 2 of my friends.. and they confirmed that their kids did not extend visa.

It may be <15 years no extension required... as others have posted.

--

For people wondering why.. we allow our kids to overstay... the reasons are:

no renewal cost

no hassle

no worry

while it is legally (or even borderline legally) allowed without any problems... why take the extra step (of renewal, etc.) when you in fact do not need to.

Edited February 24, 2016 by ihightower