Do new overstay rules affect children?

[manonthemon]

Hi,

I live in Thailand and have a 3 year old daughter, born here but with a foreign passport.

I've never gotten her a visa as kids don't pay overstay fines, travelled in and out of country with her numerous times, never had any trouble with the immigration despite many months of overstay on her on arrival stamp each time.

Do the "overstya crackdown" affect her in any way. In fact I came by information that the age of overstay without fines has been risen to 18. On the other hand I was warned that she might be banned for her long overstay. What's closer to truth?

[sunnyjim5]

Children aged 15 and under are not subject to the new rules but they do get an overstay stamp in their passport.

Where did you get the information about 18 year olds ?

[BritTim]

As far as I know, there is no definitive announcement on whether the new rules will apply to children. I would anticipate that, as in the past, any penalties will be waived, at least for young children.

[sunnyjim5]

As far as I know, there is no definitive announcement on whether the new rules will apply to children. I would anticipate that, as in the past, any penalties will be waived, at least for young children.

New overstay rules.pdf 38.07KB

http://bangkok.immigration.go.th/overstayorderE_1.2558.pdf

[wayned]

If her mother is Thai it doesn't matter what passport you have, she is legally a Thai Citizen.

[sunnyjim5]

If her mother is Thai it doesn't matter what passport you have, she is legally a Thai Citizen.

Thai Citizens entering the country on a foreign passport are subject to the same immigration rules as anyone else entering the country with other than a Thai passport.

[ubonjoe]

Children under the age of 18 are exempt from the new rules. It seems somebody confused that with the age that children do not pay overstay fines which has not changed. It is still the same that those under the age of 15 do not pay overstay fines or any other fines as written in the clvi code.

[hanssamuel]

Then why Chonburi Immigration ( jomtien and Sri Racha) and Chang Mai immigration says that all children who doesnt have visa and overstay need to go out of thailand and get visa before march 20 2016, if not they will get banned. im still confused.

[brewsterbudgen]

Then why Chonburi Immigration ( jomtien and Sri Racha) and Chang Mai immigration says that all children who doesnt have visa and overstay need to go out of thailand and get visa before march 20 2016, if not they will get banned. im still confused.

Most likely because they haven't read or understood rule 3.1.

Edited March 7, 2016 by brewsterbudgen

[ubonjoe]

Then why Chonburi Immigration ( jomtien and Sri Racha) and Chang Mai immigration says that all children who doesnt have visa and overstay need to go out of thailand and get visa before march 20 2016, if not they will get banned. im still confused.

Perhaps because they have not read ministerial order 1/2558. See 3 here. overstayorderE_1.2558.pdf

[epampersonal]

The ministerial order 1/2558 is about visa overstay effects, either adults or kids. Adults are to face a fine or ban for overstay, minors are to face nothing for overstay.

Still all foreign adults and minors need visas in Thailand; minors just can get a visa on arrival and leave and enter Thailand with their parents without overstay complications. To which there are numerous examples here, here , or here .

But indeed, there is a visa reminder from the Immigration saying since 20 March all kids have to get visas, otherwise they will be banned from Thailand for a minimum of 1 year.

Edited March 7, 2016 by epampersonal

[ubonjoe]

The ministerial order 1/2558 is about visa overstay effects, either adults or kids. Adults are to face a fine or ban for overstay, minors are to face nothing for overstay.

Still all foreign adults and minors need visas in Thailand; minors just can get a visa on arrival and leave and enter Thailand with their parents without overstay complications. To which there are numerous examples here, here , or here .

But indeed, there is a visa reminder from the Immigration saying since 20 March all kids have to get visas, otherwise they will be banned from Thailand for a minimum of 1 year. Visa reminder_20 March 2016_Immigration.jpg

That appears to be from a school not immigration.

They have officer ranks such as general.

[epampersonal]

Right, posted on fb, and from the school, which already has got 600 worried parents asking the same questions. Few of them brought their kids to schools before to get a guardianship visa for themselves. All the kids already have a few months to a few years overstay.

No official information from the Immigration, but rumours

[manonthemon]

Someone above mentioned Chonburi and Chang Mai immigration warned people of bans for overstaying children. I heard the same is being said at Phuket immigration. More confusion.

I think I'll have the ministerial order 1/2558 printed out and will carry it with me when taking a trip aboard with my daughter in April.

[ubonjoe]

Right, posted on fb, and from the school, which already has got 600 worried parents asking the same questions. Few of them brought their kids to schools before to get a guardianship visa for themselves. All the kids already have a few months to a few years overstay.

No official information from the Immigration, but rumours

There is no reason for children attending school to not have an extension of stay based upon school. Just the get the paperwork from the school and take the child to a nearby embassy or consulate for a non-ed visa (2000 baht) then apply for the extension (1900 baht) at immigration. Some may also qualify for an extension as dependents based upon the parent's extension.

[manonthemon]

http://www.khonphilippine.com/2016/03/discussing-new-overstay-rules-with.html

Here, officers of Immigration in Phitsanulok confirm, no bans or fines for under 15s.

Pol. Capt. Upinya Boonruangnam : "A child under 15 years old won't be fined of overstaying and won't be barred from re-entering. A child from 15 - 18 years old will be fined from overstaying but will not be barred from re-entering."

[hanssamuel]

http://www.khonphilippine.com/2016/03/discussing-new-overstay-rules-with.html

Here, officers of Immigration in Phitsanulok confirm, no bans or fines for under 15s.

Pol. Capt. Upinya Boonruangnam : "A child under 15 years old won't be fined of overstaying and won't be barred from re-entering. A child from 15 - 18 years old will be fined from overstaying but will not be barred from re-entering."

I saw that post also earlier. i hope that all rumors about child/kids visa or rule will stop so that all parents will not be worrying about their kids.