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Foreigner parents, their child born in Thailand, will be Thai citizen?


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Posted

if the parents are both foreigners, and their child will be born in Thailand, this kid will be Thai national by birth or not?

the parents currently they have one elder daughter and expecting their new child in few months,

Any idea about this matter?

Posted

Unless at least 1 parent is Thai - or a Permanent Resident - a child born in Thailand has no claim to Thai citizenship.

Usually the Thai Birth Certificate arranged by the Hospital will have an annotation to that effect.

Patrick

Posted
p_brownstone brings up one of several "no but" possibilities.


General answer to the question is No. It is "definitely no" if those parents are on non-resident (non-immigrant) visas.


But if one or both parents are permanent residents ("red book") there are special rules which can even depend on the nationality of that/those parents, plus exact status, length of residency, etc. Rules have been loosened on this over the past couple of decades. They are so complicated that there even are cases of actual Thai citizens whose offspring will not be given Thai nationality. If you're reading Thai Visa, none of this paragraph probably applies.


Just pointing out that as in 102.37% of all cases in Thailand, "fixed rule" is a synonym for "depends, negotiable".


Posted

It is simple:
1 parent Thai citizen = child becomes Thai (since 1991, thanks to PM Anant Panyarachoon)
2 parents holding PR (permanent residency) = child becomes Thai
1 parent holding PR, 2nd parent a non-Thai without PR = child will not be Thai

I believe only the US has that ruling of being born in the Land makes the new born immediately an American citizen. Possibly this explains quite a lot of border activity on the Southern border to the tequila kings as an American toddler (depending on the two Mexican parents) means, that the parents can legally settle and work in the Estados Americanos thumbsup.gif

Posted

No, but as i understand it these children do not require a visa to stay in Thailand but they remain foreigners.

This deserves to be detailed. What do you mean by "children"?

I have relatives. Cambodian nationals leaving legally in Thailand. Two kids of them was born in Thailand (now 11 and 9 years old). Kids have birth certificates with ref. #. 13 digits beginning by 7. They are not Thais but they can attend Thai school without any problem.

Until when?

Will they need a visa one day?

Posted

Children under 15 don't get done for overstay. Over 15 they require a visa (to my knowledge) and if then go on to overstay risk falling foul of the new laws regarding overstay being implemented soon. 10 year bans and the like.

Open to correction if I'm wrong.

Posted

Better to have the baby born while in an airplane, which is flying over Asia. This way you can be multiple nationalities.

Singapore would be a good one. Good Luck

Posted

My next door neighbours are from Myanmar , my TW registered their land in her name , they have now been in their house about 4days , their youngest daughter is 9 years old and was born over here , I inquired from TW how was it all allowed to go through , she said when the youngest is 18 she gets the title deed for the house. I can't imagine what would happen if she should die before then.

Posted

Unless at least 1 parent is Thai - or a Permanent Resident - a child born in Thailand has no claim to Thai citizenship.

Usually the Thai Birth Certificate arranged by the Hospital will have an annotation to that effect.

Patrick

Very Correct or as we all saw in the case of Tiger Woods - his mother is Thai, and the Royals disapproved his request for Thai Citizenship because he was not born in Thailand, unlike the US if neither parent is a US Citizen and the kid is born in the USA, he/she is automatically a US Citizen, hopefully that will change when Sir Donald Trump is elected President.thumbsup.gif

Posted

No.

What he said.

This creates and interesting conundrum because if you yourself are born after the law change (1984 I believe) and born outside the UK your children can only get British nationality if they are born inside the UK.

So if both parents are British but born outside the UK their children in theory will have no nationality and hence will be stateless.

Of course there are exceptions with regard to diplomats and service personnel but not for us ordinary citizens.

This change to the citizenship law came into effect after the Falklands war where it was found that half the Argentinian officers taken prisoner also had British citizenship which had been passed down for generations.

I myself fell foul of this law change because i was born in India when it was still a colony. I managed to get British citizenship for my kids because i was born before the law change. However as my children were all born outside the UK none of my grandchildren can be British unless they are born inside the UK. This is something to think about for those who want British lineage for their grandchildren born in Thailand. Maximum of just two generations and British nationality expires.

Posted (edited)

After the age of 14 the child needs a visa.

If the child is under 14 and leaves Thailand he/she will need a visa or visa exempt to return. There is no fine or ban for a child overstaying that visa but their passport will be stamped "overstay" when they leave Thailand. Edited by brewsterbudgen
Posted

Unless at least 1 parent is Thai - or a Permanent Resident - a child born in Thailand has no claim to Thai citizenship.

Usually the Thai Birth Certificate arranged by the Hospital will have an annotation to that effect.

Patrick

Very Correct or as we all saw in the case of Tiger Woods - his mother is Thai, and the Royals disapproved his request for Thai Citizenship because he was not born in Thailand, unlike the US if neither parent is a US Citizen and the kid is born in the USA, he/she is automatically a US Citizen, hopefully that will change when Sir Donald Trump is elected President.thumbsup.gif

Boy, do you have that screwed up. Tigers has never claimed the Thai citizenship he is eligible for. After winning a golf tournament in Thailand in 1997 or so, he was offered honary thai citizenship which he politely declined. At the time, it was reported that some Thai people may have been offended by the his declining the offer. I believe those reports have been discredited.

TH

Posted

It is simple:

1 parent Thai citizen = child becomes Thai (since 1991, thanks to PM Anant Panyarachoon)

2 parents holding PR (permanent residency) = child becomes Thai

1 parent holding PR, 2nd parent a non-Thai without PR = child will not be Thai

I believe only the US has that ruling of being born in the Land makes the new born immediately an American citizen. Possibly this explains quite a lot of border activity on the Southern border to the tequila kings as an American toddler (depending on the two Mexican parents) means, that the parents can legally settle and work in the Estados Americanos thumbsup.gif

Almost all western countries have a right of birth citizenship. USA, Canada, UK, France, etc.

I think even Thailand had it until 1968 when the US pulled out of Vietnam. Expecting a large

influx of refugees the Thai government changed the laws on right of birth so children born

here would no get Thai citizenship. That is what I have read here on this website.

Posted

Unless at least 1 parent is Thai - or a Permanent Resident - a child born in Thailand has no claim to Thai citizenship.

Usually the Thai Birth Certificate arranged by the Hospital will have an annotation to that effect.

Patrick

Very Correct or as we all saw in the case of Tiger Woods - his mother is Thai, and the Royals disapproved his request for Thai Citizenship because he was not born in Thailand, unlike the US if neither parent is a US Citizen and the kid is born in the USA, he/she is automatically a US Citizen, hopefully that will change when Sir Donald Trump is elected President.thumbsup.gif

I was not aware Tiger Woods had applied for Thai Citizenship but his situation may be more

complex than he was not born here. He may not have registered in time. Often with citizenship

to have to register by age 18. Also his mother may have given up her Thai citizenship when she

became an American. Until fairly recently neither the USA or Thailand recognized dual citizenship.

With the US you could keep it on the down low but if they found out you would be asked to renounce

one or the other. If you were an American, you had to be American all the way with no second

passport. The same was true of Thailand. This is the issue with Cruz. He gets his claim to citizenship

through his mother who may have had Canadian citizenship (she was on the Alberta voting list for

which she had to be a Canadian citizen) At that time the US did not recognise dual citizenship.

Posted

It is simple:

1 parent Thai citizen = child becomes Thai (since 1991, thanks to PM Anant Panyarachoon)

2 parents holding PR (permanent residency) = child becomes Thai

1 parent holding PR, 2nd parent a non-Thai without PR = child will not be Thai

I believe only the US has that ruling of being born in the Land makes the new born immediately an American citizen. Possibly this explains quite a lot of border activity on the Southern border to the tequila kings as an American toddler (depending on the two Mexican parents) means, that the parents can legally settle and work in the Estados Americanos thumbsup.gif

"Possibly this explains...". ROFL. Ya' think?!

Posted

After the age of 14 the child needs a visa.

If the child is under 14 and leaves Thailand he/she will need a visa or visa exempt to return. There is no fine or ban for a child overstaying that visa but their passport will be stamped "overstay" when they leave Thailand.

Yes, you are correct.

My son has quite a few of those overstay stamps in his passport.

Posted

Unless at least 1 parent is Thai - or a Permanent Resident - a child born in Thailand has no claim to Thai citizenship.

Usually the Thai Birth Certificate arranged by the Hospital will have an annotation to that effect.

Patrick

Very Correct or as we all saw in the case of Tiger Woods - his mother is Thai, and the Royals disapproved his request for Thai Citizenship because he was not born in Thailand, unlike the US if neither parent is a US Citizen and the kid is born in the USA, he/she is automatically a US Citizen, hopefully that will change when Sir Donald Trump is elected President.thumbsup.gif

I was not aware Tiger Woods had applied for Thai Citizenship but his situation may be more

complex than he was not born here. He may not have registered in time. Often with citizenship

to have to register by age 18. Also his mother may have given up her Thai citizenship when she

became an American. Until fairly recently neither the USA or Thailand recognized dual citizenship.

With the US you could keep it on the down low but if they found out you would be asked to renounce

one or the other. If you were an American, you had to be American all the way with no second

passport. The same was true of Thailand. This is the issue with Cruz. He gets his claim to citizenship

through his mother who may have had Canadian citizenship (she was on the Alberta voting list for

which she had to be a Canadian citizen) At that time the US did not recognise dual citizenship.

Tiger Wood's has never claimed Thai citizenship.

The US Supreme Court ruled in 1952 dual citizenship was not not an issue. That is some 64 years ago, hardly recently.

Ted Cruz's issues has nothing to do with mothers alleged Canadian citizenship, it has to do with definition of what is a "natural born" citizen that the US Constitution requires to be president.

TH

Posted

Thanks for all replies guys, so informative and helpful indeed,

the kid did not born yet, the father was told that if his child birth will be in Thailand, he may claim for citizenship, I was doubtful about this issue so I asked here to make it clear, as I knew some countries like US, Canada etc,, any any born is citizen by birth,

as I understood the new born will be as his parents nationality, and can stay in here without any problem till the age of 14 or 15, is that correct?

However, many thanks and appreciate all of your contributions in this discussion.

Posted

No, but as i understand it these children do not require a visa to stay in Thailand but they remain foreigners.

This deserves to be detailed. What do you mean by "children"?

I have relatives. Cambodian nationals leaving legally in Thailand. Two kids of them was born in Thailand (now 11 and 9 years old). Kids have birth certificates with ref. #. 13 digits beginning by 7. They are not Thais but they can attend Thai school without any problem.

Until when?

Will they need a visa one day?

Hey, i'm no expert but i met a Canadian man of around 25 years old who has been here for 6 years, i asked how he gets a visa as he is too young for a retirement visa, he told me that his parents are Canadian (father had worked for the embassy) and he was born in Bangkok,went to school in Thailand and doesn't need a visa to stay here as it is the land of his birth but he is still regarded as a foreigner,sorry i cant tell you more than that.

Posted

No, but as i understand it these children do not require a visa to stay in Thailand but they remain foreigners.

This deserves to be detailed. What do you mean by "children"?

I have relatives. Cambodian nationals leaving legally in Thailand. Two kids of them was born in Thailand (now 11 and 9 years old). Kids have birth certificates with ref. #. 13 digits beginning by 7. They are not Thais but they can attend Thai school without any problem.

Until when?

Will they need a visa one day?

Hey, i'm no expert but i met a Canadian man of around 25 years old who has been here for 6 years, i asked how he gets a visa as he is too young for a retirement visa, he told me that his parents are Canadian (father had worked for the embassy) and he was born in Bangkok,went to school in Thailand and doesn't need a visa to stay here as it is the land of his birth but he is still regarded as a foreigner,sorry i cant tell you more than that.
he talked BS to you, probably just an other overstayer
  • 1 month later...
Posted

has anyone whose child is in this situation tried to apply for Thai permanent residency PR? Citizenship is better, but if you could get PR with little hassle, that would be a start.

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