Overstay applies to newborns in Thailand?

[isam4530]

Hey guys,

I was wondering if the overstay rule would apply to a child born in Thailand.

I hold a PR and my wife's visa is dependent on it. Since he's barely 6 weeks old, we woud like to wait for another month before we travel back home and apply for a non-o thai visa for my child to come back to Thailand.

Will the overstay rule (in effect from the 20th) apply to my child if we exit 3 months after his birth, that would be April ?

[sunnyjim5]

No ! The overstay rule will not apply to the baby

You must, however , obtain a passport for the child and use that and the birth certificate to exit the country.

There is no need to "rush" to obtain the child a visa as he can stay on the basis of being born in Thailand (obviously not a long term solution)

If you wish an "O" visa for the child could be obtained from Vientiane or Penang unless you are from a country who can only obtain visas from home.

[isam4530]

@sunnyjim5

Glad to know i don't have to rush, just came across a post where there were some unconfirmed news about applying overstay restrictions on children.

And yes, i have already obtained the passport. Will probably wait for a month before i travel and get the visa done.

Thank you for the quick reply, appreciate it [emoji106]

[sunnyjim5]

@sunnyjim5

Glad to know i don't have to rush, just came across a post where there were some unconfirmed news about applying overstay restrictions on children.

And yes, i have already obtained the passport. Will probably wait for a month before i travel and get the visa done.

Thank you for the quick reply, appreciate it [emoji106]

What you read was probably about the Phuket expats getting their underwear in a twist about a nonsense rumour that originated on some silly social networking site !

[ubonjoe]

@sunnyjim5

Glad to know i don't have to rush, just came across a post where there were some unconfirmed news about applying overstay restrictions on children.

And yes, i have already obtained the passport. Will probably wait for a month before i travel and get the visa done.

Thank you for the quick reply, appreciate it [emoji106]

Since your child was born here they are allowed to stay here until they leave the country.

The new overstay banning rules do not apply to children under the age of 18. Children under the age of 15 do not pay overstay fines (or any other fine as written in the civil code) but do get overstay stamps.

[isam4530]

Would my child get an overstay stamp inspite of being born here (on his 1st exit since birth, next month) or that would only be the case if he overstays after an entry into Thailand?

Edited March 18, 2016 by isam4530

[ubonjoe]

Would my child get an overstay stamp inspite of being born here (on his 1st exit since birth, next month) or that would only be the case if he overstays after an entry into Thailand?

Read the firs line of my post again. No overstay for your child. Just show their birth certificate and passport on departure from the country.

A person has to have a permit to stay stamp to be on overstay.

[isam4530]

Would my child get an overstay stamp inspite of being born here (on his 1st exit since birth, next month) or that would only be the case if he overstays after an entry into Thailand?

Read the firs line of my post again. No overstay for your child. Just show their birth certificate and passport on departure from the country.

A person has to have a permit to stay stamp to be on overstay.

Ok, thank you, appreciate the information. [emoji106]

[isam4530]

@sunnyjim5

Glad to know i don't have to rush, just came across a post where there were some unconfirmed news about applying overstay restrictions on children.

And yes, i have already obtained the passport. Will probably wait for a month before i travel and get the visa done.

Thank you for the quick reply, appreciate it [emoji106]

What you read was probably about the Phuket expats getting their underwear in a twist about a nonsense rumour that originated on some silly social networking site !

Yes, that is exactly the post i came across.

[sas_cars]

@sunnyjim5

Glad to know i don't have to rush, just came across a post where there were some unconfirmed news about applying overstay restrictions on children.

And yes, i have already obtained the passport. Will probably wait for a month before i travel and get the visa done.

Thank you for the quick reply, appreciate it [emoji106]

Since your child was born here they are allowed to stay here until they leave the country.

The new overstay banning rules do not apply to children under the age of 18. Children under the age of 15 do not pay overstay fines (or any other fine as written in the civil code) but do get overstay stamps.

Ubonjoe, can an overstayed child come back without any problems and get another visa exempt for 30 days?

[ubonjoe]

@sunnyjim5

Glad to know i don't have to rush, just came across a post where there were some unconfirmed news about applying overstay restrictions on children.

And yes, i have already obtained the passport. Will probably wait for a month before i travel and get the visa done.

Thank you for the quick reply, appreciate it [emoji106]

Since your child was born here they are allowed to stay here until they leave the country.

The new overstay banning rules do not apply to children under the age of 18. Children under the age of 15 do not pay overstay fines (or any other fine as written in the civil code) but do get overstay stamps.

Ubonjoe, can an overstayed child come back without any problems and get another visa exempt for 30 days?

Yes they can.

But it is best to get children visas and or extensions of stay rather than having them stay here on an overstay. Not having to pay overstay fines does not mean they don't need visas or extensions.

[aronp1]

Unless it has changed, the last I read was children under the age of 14 yrs are not required to have a visa.

[ubonjoe]

Unless it has changed, the last I read was children under the age of 14 yrs are not required to have a visa.

As I wrote in my previous post (#5) children under the age of 15 do not pay overstay fines or any other type of fine. That is in the civil code and not a immigration rule. They still get overstay stamps when they leave the country.

Children are not exempt from needing a visa or extension of stay no matter their age.

[Maestro]

Removed an off-topic post.

[aronp1]

Unless it has changed, the last I read was children under the age of 14 yrs are not required to have a visa.

As I wrote in my previous post (#5) children under the age of 15 do not pay overstay fines or any other type of fine. That is in the civil code and not a immigration rule. They still get overstay stamps when they leave the country.

Children are not exempt from needing a visa or extension of stay no matter their age.

Ok, so it has been changed.

[sunnyjim5]

Unless it has changed, the last I read was children under the age of 14 yrs are not required to have a visa.

As I wrote in my previous post (#5) children under the age of 15 do not pay overstay fines or any other type of fine. That is in the civil code and not a immigration rule. They still get overstay stamps when they leave the country.

Children are not exempt from needing a visa or extension of stay no matter their age.

Ok, so it has been changed.

What has changed ?

Can you provide links to the detail of the change you claim has occurred ?

[aronp1]

http://www.tourismthailand.org/About-Thailand/Passport-Visa

[brewsterbudgen]

http://www.tourismthailand.org/About-Thailand/Passport-Visa

That link doesn't say anything about children not requiring a visa and, in any case, it's not an official government website. Nothing has changed regarding children.

[Maestro]

The official website for visa requirements is the website of the Ministry of Foreign Affairs.

There is a visa exemption for tourists who are nationals of some countries, regardless of age. Tourists from other countries need a visa, reagardless of age.

[mungamunga]

Aren't foreign children born in any country legally entitled to having that countries nationality by being born? Jus Soli or something.

Edited March 20, 2016 by mungamunga

[Richard W]

Aren't foreign children born in any country legally entitled to having that countries nationality by being born? Jus Soli or something.

No. Not all countries have jus soli (right by place of birth); many have jus sanguinis (right by blood) or a mixed system. There has been a general move away from jus soli to jus sanguinis, but with small elements of jus soli. For example, children born to permanent residents of a country often automatically acquire citizenship, as in Thailand.

[ubonjoe]

Unless it has changed, the last I read was children under the age of 14 yrs are not required to have a visa.

As I wrote in my previous post (#5) children under the age of 15 do not pay overstay fines or any other type of fine. That is in the civil code and not a immigration rule. They still get overstay stamps when they leave the country.

Children are not exempt from needing a visa or extension of stay no matter their age.

Ok, so it has been changed.

Nothing has changed. Children have never been exempt from visas if that is what you mean.

http://www.tourismthailand.org/About-Thailand/Passport-Visa

If you are referring to the under 14 years old posted there it is wrong. I don't know where people come up with under 14 years old. A reversal of that would be correct if it was stated children over 14 pay overstay fines.