British/Myanmar baby born in Thailand

[fireroksy]

Hello.

We are expecting a baby. We live and work in Phuket. I am a British citizen, have work permit, passport and work visa. My husband is Myanmar citizen and has his Myanmar ID card, he also has Myanmar passport but the visa has expired more than a year ago. At a workplace he was given a migrant worker ID card and was asked to wait for Thai migrant worker passport, for which he has paid already. Now we found out that this kind of passports are no longer available, so he is left with just an ID card were also his birth date is not correct and his name in English is not spelled correctly. From Myanmar we do have a marriage certificate, household registration in both Myanmar and English copies and all other relevant documents, since we needed a lot of paperwork to apply for Thai visa.

If the baby is born in Thailand, how do we go about registering his father on a birth certificate?

After the birth we are planning to travel back to Myanmar. For myself it is simple, all I need is to obtain a social visa and can fly immediately, but it seems that my husband can get back only with a help of human traffickers, he was told. I find it terrifying. How can our baby cross the border? I cannot apply for British Passport for him, as we will need to produce both of our valid passports with visas, it can be done only in Myanmar now. The baby will not have Thai nationality and we also can not apply for baby’s Myanmar nationality (same problem with expired visa in father’s passport).

All we really want is to deliver our baby safely, register his birth with both parents names and return to Myanmar together as a family (no illegal border crossings, as we are being advised by Myanmar “visa, passport help centers” in Phuket). Any useful advice would be very welcome.

[post]

Can't you have your baby delivered in Myanmar?

[fireroksy]

Can't you have your baby delivered in Myanmar?

Thank you for your suggestion.

I am toying with this option, but only as a last resort.

Here, both of us have jobs and will be able to earn much needed money till the baby is born and my employer is providing me with accommodation. In Phuket Mission hospital, I have good doctor and will be taken care of.

In Myanmar we will need to rent somewhere( expensive and dirty) for some time and both of us will not be able to work for a while, which will put a huge financial strain on us. Only after babys birth, we will be able to make difficult travel to the remote village in Myanmar, where our family live.I have been to Myanmar hospitals and it is not a pretty sight. I am not a new mom, have two grown up kids, but at my age of 40, this pregnancy and baby are precious.

Also, this option still does not eliminate the fact that my husband will need to be smuggled back into his own country, and I will have to make my own way, worrying to death if he will get trough the border OK. Not an ideal situation, but still an option if all other options are just much worse.

[post]

Do I understand correctly that "he also has (a valid) Myanmar passport but the (Thai) visa has expired more than a year ago"?

[fireroksy]

Do I understand correctly that "he also has (a valid) Myanmar passport but the (Thai) visa has expired more than a year ago"?

That is correct the passport is valid, but long overstay. We have arrived into Thailand from Myanmar with visas in January last year. At the beginning of employment we were told that is better and easier for the employer to apply for Thai issued passport than to renew the visa in the original. My husband has been trying to rectify the situation, but now the answer always seems to be the same - Do not show your passport to anyone, 'cos you will have problems due to long overstay, use the ID instead. But the ID with wrongly entered details is hardly a document allowing a freedom of movement, or anything else for that matter. The promised and paid for Thai issued passport does not seem to be an available option any more.

Edited June 11, 2016 by fireroksy

[post]

I am not sure whether they will check the parents' immigration status before issuing a birth certificate to your baby.

You also need a birth certificate to get your baby issued a British passport but I really doubt whether issuing authority will concern your husband's immigration status in Thailand.

[fireroksy]

I am not sure whether they will check the parents' immigration status before issuing a birth certificate to your baby.

Thank you.

This is the main question we would like to have an answer to before the baby is born. Since Myanmar citizens are a completely different kind of foreigner in Thailand, the paperwork requirements for them to remain in the country legally constantly changes. We can not quite work out what documents we will actually need to register father's name on BC. So far we are being told by some that he is staying in Thailand illegally and the others say that his ID card is enough.

[dbrenn]

Only one parent (you) needs to be a British citizen to register your child as British. Only you need to go to the British embassy with the child's birth certificate to apply for a consular birth certificate.

The father may have to give consent for a passport to be issued but the British authorities will not care about his Thai immigration status.

[brewsterbudgen]

I'm British and my girlfriend is from Laos. She gave birth to our son in Thailand. The hospital will arrange for the Thai birth certificate to be issued. It needs to be written in Thai, so you will need to provide Thai translations of your names and the baby's. No one checked my, or my girlfriend's passport as part of this process. I collected the birth certificate from the Town Hall about 5 days after the birth.

We travelled back to Laos for a holiday when the baby was 3 weeks old. The baby was able to exit Thailand, enter Laos and then return to Thailand without a passport. We didn't even need to show his birth certificate. This was at the Chong Mek border crossing. Other border crossings may be more stringent.

I applied for his UK passport when he was a few months old. You will need to provide your original long-form birth certificate, as well as an English translation of the Thai birth certificate and your spouse's identity documents. If you were not born in the UK, it is more complicated! There is no need to register the birth in the UK. You can just apply for the passport. I have no idea whether you can do this in Myanmar. In Bangkok you need to apply in person (at VFS in Sukhumvit soi 13) or use an Agent.

Edited June 12, 2016 by brewsterbudgen

[fireroksy]

I'm British and my girlfriend is from Laos. She gave birth to our son in Thailand. The hospital will arrange for the Thai birth certificate to be issued. It needs to be written in Thai, so you will need to provide Thai translations of your names and the baby's. No one checked my, or my girlfriend's passport as part of this process. I collected the birth certificate from the Town Hall about 5 days after the birth.

We travelled back to Laos for a holiday when the baby was 3 weeks old. The baby was able to exit Thailand, enter Laos and then return to Thailand without a passport. We didn't even need to show his birth certificate. This was at the Chong Mek border crossing. Other border crossings may be more stringent.

I applied for his UK passport when he was a few months old. You will need to provide your original long-form birth certificate, as well as an English translation of the Thai birth certificate and your spouse's identity documents. If you were not born in the UK, it is more complicated! There is no need to register the birth in the UK. You can just apply for the passport. I have no idea whether you can do this in Myanmar. In Bangkok you need to apply in person (at VFS in Sukhumvit soi 13) or use an Agent.

Thank you very much for your detailed answer.

I have heard that the borders to Laos are not so strict, it is a bit different to Myanmar borders.

The fact that you got your name in the birth certificate without producing your passports gave me some peace of mind.

How long did it take to receive the baby's passport from the British embassy?

[brewsterbudgen]

I'm British and my girlfriend is from Laos. She gave birth to our son in Thailand. The hospital will arrange for the Thai birth certificate to be issued. It needs to be written in Thai, so you will need to provide Thai translations of your names and the baby's. No one checked my, or my girlfriend's passport as part of this process. I collected the birth certificate from the Town Hall about 5 days after the birth.

We travelled back to Laos for a holiday when the baby was 3 weeks old. The baby was able to exit Thailand, enter Laos and then return to Thailand without a passport. We didn't even need to show his birth certificate. This was at the Chong Mek border crossing. Other border crossings may be more stringent.

I applied for his UK passport when he was a few months old. You will need to provide your original long-form birth certificate, as well as an English translation of the Thai birth certificate and your spouse's identity documents. If you were not born in the UK, it is more complicated! There is no need to register the birth in the UK. You can just apply for the passport. I have no idea whether you can do this in Myanmar. In Bangkok you need to apply in person (at VFS in Sukhumvit soi 13) or use an Agent.

Thank you very much for your detailed answer.

I have heard that the borders to Laos are not so strict, it is a bit different to Myanmar borders.

The fact that you got your name in the birth certificate without producing your passports gave me some peace of mind.

How long did it take to receive the baby's passport from the British embassy?

It took about 3 weeks, although this was over Christmas which included a number of holidays. I used an Agent as I was born in Africa, which might have meant that I was unable to pass on my British citizenship to my child. But really the process is fairly simple if you have all the documentation.

[kiwiaussie]

There are three seperate systems almost for Myanmar citizens here in Thailand.

1) normal passport and visas, the same as everyone else.

For migrant workers from Myanmar who enter thailand irregularly for work:

2) pink cards which are given to undocumented workers who entered thailand irregularly, and who have been given the cards. They allow them to work, but movements are restricted.

3) temporary passports under the migrant labour scheme, which requires 'nationality verification' . Once completed, a Myanmar citizen is given a non immigtant LA visa and a work permit. They are free to travel to and from thailand and Myanmar.

This is where it gets confusing.

It doesn't appear that 3) is working right at the moment. As such, most Myanmar workers have been shunted into 2) until the government gets its act together. I've been told 3) should be being rolled out in the coming year.

The thing with your husband is that he entered thailand on 1) and is essentially overstay if you view him through that prism. The employer has taken the easy route of getting him 2) as it is easier to hire burmese workers under 2 and 3 than it is under 1).

The 'good' news is he should be able to fly out and just cop the overstay fine.

When you are in yangon you get him a non immigrant O visa by virtue of your work permit and status in Thailand and he can tie his stay to yours upon return.

Edited June 13, 2016 by kiwiaussie

[fireroksy]

Posted Today, 14:49

There are three seperate systems almost for Myanmar citizens here in Thailand.

1) normal passport and visas, the same as everyone else.

For migrant workers from Myanmar who enter thailand irregularly for work:

2) pink cards which are given to undocumented workers who entered thailand irregularly, and who have been given the cards. They allow them to work, but movements are restricted.

3) temporary passports under the migrant labour scheme, which requires 'nationality verification' . Once completed, a Myanmar citizen is given a non immigtant LA visa and a work permit. They are free to travel to and from thailand and Myanmar.

This is where it gets confusing.

It doesn't appear that 3) is working right at the moment. As such, most Myanmar workers have been shunted into 2) until the government gets its act together. I've been told 3) should be being rolled out in the coming year.

The thing with your husband is that he entered thailand on 1) and is essentially overstay if you view him through that prism. The employer has taken the easy route of getting him 2) as it is easier to hire burmese workers under 2 and 3 than it is under 1).

The 'good' news is he should be able to fly out and just cop the overstay fine.

When you are in yangon you get him a non immigrant O visa by virtue of your work permit and status in Thailand and he can tie his stay to yours upon return.

Thank you for your detailed answer. You are absolutely right, this is exactly what is happening. It seems that Myanmar workers constantly have to pay for Thai low shortcomings. This time we will be expected to pay an unfair "Overstay", which we can not afford. Previously my husband has been refused an entry to UK, due to the fact that his name appeared to be different on his temporary Thai Passport to the actual name on his Myanmar ID and marriage certificate. British embassy did not accept the fact that it is common for Thai officials to change the names of Myanmar workers for Passport issue purposes, because "this name is easier to write". Besides we have to watch out for problems with re-entry after overstay. I think that Thailand should at least let the legal workers, who have been left without proper documentation, leave back home with no restrictions.

http://www.humanrightsinasean.info/campaign/myanmar-migrant-workers-thailand-face-visa-extension-and-passport-issuance-chaos-and

[kiwiaussie]

Posted Today, 14:49

There are three seperate systems almost for Myanmar citizens here in Thailand.

1) normal passport and visas, the same as everyone else.

For migrant workers from Myanmar who enter thailand irregularly for work:

2) pink cards which are given to undocumented workers who entered thailand irregularly, and who have been given the cards. They allow them to work, but movements are restricted.

3) temporary passports under the migrant labour scheme, which requires 'nationality verification' . Once completed, a Myanmar citizen is given a non immigtant LA visa and a work permit. They are free to travel to and from thailand and Myanmar.

This is where it gets confusing.

It doesn't appear that 3) is working right at the moment. As such, most Myanmar workers have been shunted into 2) until the government gets its act together. I've been told 3) should be being rolled out in the coming year.

The thing with your husband is that he entered thailand on 1) and is essentially overstay if you view him through that prism. The employer has taken the easy route of getting him 2) as it is easier to hire burmese workers under 2 and 3 than it is under 1).

The 'good' news is he should be able to fly out and just cop the overstay fine.

When you are in yangon you get him a non immigrant O visa by virtue of your work permit and status in Thailand and he can tie his stay to yours upon return.

Thank you for your detailed answer. You are absolutely right, this is exactly what is happening. It seems that Myanmar workers constantly have to pay for Thai low shortcomings. This time we will be expected to pay an unfair "Overstay", which we can not afford. Previously my husband has been refused an entry to UK, due to the fact that his name appeared to be different on his temporary Thai Passport to the actual name on his Myanmar ID and marriage certificate. British embassy did not accept the fact that it is common for Thai officials to change the names of Myanmar workers for Passport issue purposes, because "this name is easier to write". Besides we have to watch out for problems with re-entry after overstay. I think that Thailand should at least let the legal workers, who have been left without proper documentation, leave back home with no restrictions.

http://www.humanrightsinasean.info/campaign/myanmar-migrant-workers-thailand-face-visa-extension-and-passport-issuance-chaos-and

Yes and no.

The problem could have been avoided if your husband was here on a non immigtant O as your dependent - which is what you probably need to do now anyway.

But yes, the government have stuffed up the migrant labour scheme of late.

Good news is there is a way out, but it will cost you 20,000 baht overstay. Better do it sooner rather than later as the new overstay rules involve bans if you leave it too long.