Baby born in Thailand to Foreigner Parents with Work Permits - Non immigrant o for baby?

[MOEHARD]

Hi All,

My girlfriend (Australian) and I (American) had a baby girl (has American passport) around 8 weeks ago, in Bangkok. We will leave Thailand for two weeks to go to Australia. We were going to apply for a non immigrant o visa for the baby in Australia but is expensive and a hassle. Both my and my girlfriend have work permits and non immigrant b status

We were hoping that we could just get her a visa exemption on arrival, then go to Chaeng Wattana within a week to get her a non immigrant o visa. Is this possible at Chaeng Wattana? I am uncertain if this needs to be done outside of Thailand or not. My work will "sponsor" her and we have her birth certificate, both Thai, English Translation, and the American one we received from US Embassy. It's hard to find exact information on this as most immigrant o questions are for spouses.

Thanks for your help.

[Bunnychow]

I think your GF would have to apply for the child as a dependent not you as your not married

[brewsterbudgen]

There are no overstay penalties for children, but they should have visas. I got my 1-year old a Non-O visa from London and I'm in the process of getting him added to my Extension of Stay (based on work).

I would recommend doing things the right way, to minimise troubles later.

Edited June 19, 2016 by brewsterbudgen

[Rama]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

[Bangkokhatter]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

Why do you think their child would have Thai citizenship ? father is American and Mother is Australian.

[Rayk]

One thing that is truly different about having a baby abroad is all the paperwork involved in registering a child’s birth and gaining citizenship from your ‘home’ country. This dilemma can be compounded if you and your partner happen to hold different nationalities.

It’s important to know that children born to non-Thai citizens in Thailand have no recourse to Thai citizenship. In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

Edited June 19, 2016 by Rayk

[brewsterbudgen]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

You couldn't be more wrong!

[brewsterbudgen]

One thing that is truly different about having a baby abroad is all the paperwork involved in registering a childs birth and gaining citizenship from your home country. This dilemma can be compounded if you and your partner happen to hold different nationalities.

Its important to know that children born to non-Thai citizens in Thailand have no recourse to Thai citizenship. In fact, it will be clearly stated on the childs birth certificate that they are a person who illegally or temporarily resides in Thailand. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

The OP has said his daughter already has an American passport.

[MOEHARD]

Yeah - daughter has American citizenship and will be getting Australian shortly. We know she won't be getting Thai citizenship and don't mind. All we need to know though is whether we can apply for a non immigrant o visa in Bangkok or if we have to do it in another country?

[Maestro]

.... In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

I know that these are not your words, that you are quoting from some blog, but do you really believe that the words you quoted are written on a foreign child's birth certificate? Not everything you read in a blog corresponds to the truth.

[manarak]

One thing that is truly different about having a baby abroad is all the paperwork involved in registering a child’s birth and gaining citizenship from your ‘home’ country. This dilemma can be compounded if you and your partner happen to hold different nationalities.

It’s important to know that children born to non-Thai citizens in Thailand have no recourse to Thai citizenship. In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

the website quoted in this post is wrong - the author is confused about citizenship and nationality.

a passport is just a travel document that can also be issued to non-citizens.

citizenship is not acquired by getting hold of a passport - it can be acquired by naturalization or (normally) automatically inherited from parents and if officialized by registering the newborn at one or several applicable registrar offices, represented abroad by the consulates.

just to clarify: the citizenship is not acquired by the child after the birth, it already is born with the applicable citizenships of its parents. the registration at the consulate is just adding it to the official record.

some countries made the stupid decision to bestow their citizenship upon any person born within their borders.

[ubonjoe]

Why do you think the visa in Australia is expensive. A single entry non-o visa for your child will cost $90 AUD. At immigration here it will cost 2000 baht.

If you are on extension of stay you can apply for a non immigrant visa for your child at immigration but the list of required documents are very long compared to what will be required at the embassy.

[RBOP]

Why dont you get your child's Non-O multiple entry visa here in Bangkok before leaving? Only takes a day. Your company should be helping you.

Edited June 20, 2016 by RBOP

[ubonjoe]

Why dont you get your child's Non-O multiple entry visa here in Bangkok before leaving? Only takes a day. Your company should be helping you.

Can you explain how a multiple entry non-o visa can be applied for in Bangkok. They are only issued at embassies and consulates.

A 90 day non immigrant visa entry can be applied for at immigration and it takes 2 trips 15 days apart and then during the last 30 days of that entry a extension of stay can be applied for.

[claffey]

Your companies should be helping you to do all of this. I would reconsider who I was working for if they didn't offer any help. All you need is for someone from your office to pick up the phone and call their contact in immigration. This can probably be sorted in Chaeng Wattana before you leave Thailand due to the young age of your child...

Do you really need to leave Thai for two weeks? Taking a small baby on such a trip can be hazardous to their health. We didn't let our baby leave our home for the first 4 or five months. Their immune systems find it difficult to endure long journeys. Get your family to visit you in Thailand. Makes much more sense...

[abrahamzvi]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

Wrong information. The place of birth according to Thai Law, is not decisive for the nationality and does not automatically grant Thai nationality , as is the case in the US, UK and most western countries (not all). The child should get a visa and an extension to stay depending on the mother permission to stay. As far as I know the child is a dual citizen, but not of Thailand, but of the US and Australia.

[IMA_FARANG]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

-------------------------

NOT a Thai citizen unless at least one of the parents is a Thai citizen.

Only if at least one parent is Thai is there a possibility of Thai Dual citizenship.

There is a possibility, however, that one of you can add the child on to you Non O visa as your dependent.

Be warned however, the Thai law wants you and her to be married legally.....no unmarried "partners" .recognized in Thailand.

The marriage must be recognized as "de facto" and "de jure" (in fact and in law).

Edited June 20, 2016 by IMA_FARANG

[KKr]

Being a simple person, I'd go to the immigration office and ask .. ..

[Bullie]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

Had a good laugh over this post. Must be the heat.

[PoorSucker]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

You couldn't be more wrong!

Actually.......If you was born here prior 1974 you would be Thai citizen.

[KamnanT]

.... In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

I know that these are not your words, that you are quoting from some blog, but do you really believe that the words you quoted are written on a foreign child's birth certificate? Not everything you read in a blog corresponds to the truth.

But in this case it is. My son was born in Thailand (father Australian, mother Japanese) and this is exactly what it says in the upper left-hand corner of his Thai birth certificate: "Person residing temporarily or illegally in the Kingdom. Not eligible for Thai citizenship".

[MOEHARD]

This post really got sidetracked. She definitely cannot get Thai citizenship.

I'll try to have my employee call them to figure it out, just figured people on here would have a quick answer but I'll update with an answer if I get one.

[ubonjoe]

This post really got sidetracked. She definitely cannot get Thai citizenship.

I'll try to have my employee call them to figure it out, just figured people on here would have a quick answer but I'll update with an answer if I get one.

I tried to give you some info in my post at #12.

"Why do you think the visa in Australia is expensive. A single entry non-o visa for your child will cost $90 AUD. At immigration here it will cost 2000 baht.

If you are on extension of stay you can apply for a non immigrant visa for your child at immigration but the list of required documents are very long compared to what will be required at the embassy."

[MOEHARD]

This post really got sidetracked. She definitely cannot get Thai citizenship.

I'll try to have my employee call them to figure it out, just figured people on here would have a quick answer but I'll update with an answer if I get one.

I tried to give you some info in my post at #12.

"Why do you think the visa in Australia is expensive. A single entry non-o visa for your child will cost $90 AUD. At immigration here it will cost 2000 baht.

If you are on extension of stay you can apply for a non immigrant visa for your child at immigration but the list of required documents are very long compared to what will be required at the embassy."

Thanks for the help - that's correct that a single entry is 90 AUD but we are going to America within 6 months and a multiple entry is something like 200 AUD. Plus the hassle is less as we live in Bangkok but we'll only be in Australia for a week so we'd like to spend that short time not at a consulate. Sorry I completely missed your post at #12 - I was actually waiting for you to respond as I know you are super knowledgeable. I can't find a list of the documents required at Chaeng Wattana - would you be able to point me in the right direction?

[ubonjoe]

This post really got sidetracked. She definitely cannot get Thai citizenship.

I'll try to have my employee call them to figure it out, just figured people on here would have a quick answer but I'll update with an answer if I get one.

I tried to give you some info in my post at #12.

"Why do you think the visa in Australia is expensive. A single entry non-o visa for your child will cost $90 AUD. At immigration here it will cost 2000 baht.

If you are on extension of stay you can apply for a non immigrant visa for your child at immigration but the list of required documents are very long compared to what will be required at the embassy."

Thanks for the help - that's correct that a single entry is 90 AUD but we are going to America within 6 months and a multiple entry is something like 200 AUD. Plus the hassle is less as we live in Bangkok but we'll only be in Australia for a week so we'd like to spend that short time not at a consulate. Sorry I completely missed your post at #12 - I was actually waiting for you to respond as I know you are super knowledgeable. I can't find a list of the documents required at Chaeng Wattana - would you be able to point me in the right direction?

A single entry non-o visa would be all you need. You could then apply for their one year extension during the last 45 days of the 90 day entry from the visa.

Getting the visa at immigration will give the same 90 day entry that will then need to be extended during the last 45 days of it.

[brewsterbudgen]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

-------------------------

NOT a Thai citizen unless at least one of the parents is a Thai citizen.

Only if at least one parent is Thai is there a possibility of Thai Dual citizenship.

There is a possibility, however, that one of you can add the child on to you Non O visa as your dependent.

Be warned however, the Thai law wants you and her to be married legally.....no unmarried "partners" .recognized in Thailand.

The marriage must be recognized as "de facto" and "de jure" (in fact and in law).

You sure? I plan to get my 15 month old son added to my Extension, as he depends on me. There is nothing I can see in the paperwork that says I have to be married to his (non-Thai) mother.

[ubonjoe]

born here - Thai citizen. May have to register the birth at a government office. Don't need a visa. You can get American citizenship for the baby by registering at the American embassy. Your baby has dual citizenship.

-------------------------

NOT a Thai citizen unless at least one of the parents is a Thai citizen.

Only if at least one parent is Thai is there a possibility of Thai Dual citizenship.

There is a possibility, however, that one of you can add the child on to you Non O visa as your dependent.

Be warned however, the Thai law wants you and her to be married legally.....no unmarried "partners" .recognized in Thailand.

The marriage must be recognized as "de facto" and "de jure" (in fact and in law).

You sure? I plan to get my 15 month old son added to my Extension, as he depends on me. There is nothing I can see in the paperwork that says I have to be married to his (non-Thai) mother.

You don't have to be married to your son's mother to get the extension.

He is confusing the issue by mentioning the requirements for another type of extension and does not even have the facts straight for it.

[Maestro]

.... In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

I know that these are not your words, that you are quoting from some blog, but do you really believe that the words you quoted are written on a foreign child's birth certificate? Not everything you read in a blog corresponds to the truth.

But in this case it is. My son was born in Thailand (father Australian, mother Japanese) and this is exactly what it says in the upper left-hand corner of his Thai birth certificate: "Person residing temporarily or illegally in the Kingdom. Not eligible for Thai citizenship".

Thank you. Come to think of it, it makes sense. Until the foreign child born in Thailand gets a passport and a permission to stay stamped in it, the child is staying illegally in Thailand.

[Rayk]

.... In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

I know that these are not your words, that you are quoting from some blog, but do you really believe that the words you quoted are written on a foreign child's birth certificate? Not everything you read in a blog corresponds to the truth.

But in this case it is. My son was born in Thailand (father Australian, mother Japanese) and this is exactly what it says in the upper left-hand corner of his Thai birth certificate: "Person residing temporarily or illegally in the Kingdom. Not eligible for Thai citizenship".

Thank you. Come to think of it, it makes sense. Until the foreign child born in Thailand gets a passport and a permission to stay stamped in it, the child is staying illegally in Thailand.

Oh, now it makes sense. It didn't make sense to you when I posted the link to the blog stating the exact same thing , but all of a sudden when someone else confirms what I posted with facts it suddenly makes sense to you.

I believe an apology is in order.

[brewsterbudgen]

.... In fact, it will be clearly stated on the child’s birth certificate that they are a person who “…illegally or temporarily resides in Thailand”. This means that your child is effectively a stateless person until the time that you have that passport in your hands.

http://www.expectingexpats.com/2013/04/08/how-to-apply-for-foreign-citizenship-for-children-born-in-thailand/

I know that these are not your words, that you are quoting from some blog, but do you really believe that the words you quoted are written on a foreign child's birth certificate? Not everything you read in a blog corresponds to the truth.

But in this case it is. My son was born in Thailand (father Australian, mother Japanese) and this is exactly what it says in the upper left-hand corner of his Thai birth certificate: "Person residing temporarily or illegally in the Kingdom. Not eligible for Thai citizenship".

Thank you. Come to think of it, it makes sense. Until the foreign child born in Thailand gets a passport and a permission to stay stamped in it, the child is staying illegally in Thailand.

A baby born to non-Thai parents in Thailand is not in Thailand "illegally". When the child leaves Thailand, his/her passport is exit-stamped and a note is written referring to the place and date of birth (a copy of the birth certificate needs to be shown). A departure card is also retrospectively completed. There is no overstay.

If the baby comes back to Thailand, however, he/she will require a visa or visa exempt stamp, as normal.