Child overstay - same procedure as "ususal"?

[KIO]

Hi all,

 

I've found theese 3 threads: http://www.thaivisa.com/forum/topic/915034-child-overstay-issues/, http://www.thaivisa.com/forum/topic/900689-do-new-overstay-rules-affect-children/ and http://www.thaivisa.com/forum/topic/884536-2016-overstay-child-1yr-ban/ but as information is always best fresh I'll ask anyway.

 

Will be arriving Bkk on a SETV with my 8 year old (Swedish passport, so he will be given the 30-day) who will not have a visa. In the first "round" we will be in the country 89 days, then out for a week + to Penang applying (for my part) a new SETV, back in to Thailand for another 85 days. Is the procedure still staraightforward at the airport in regards to my sons aprox. 60 and 55 days overstay or should I stop being a cheap Charlie and getting him the SETV on both occasions just in case?

 

Cheers

 

KIO

[Maestro]

It is the same procedure as usual. Your child's contraventions of the Immigration Act will be recorded in his passport but he will not be fined, as Section 74 of the Penal Code applies.

 

Personally, I would get a visa for the child so that he would not overstay.

 

 

[Thanyaburi Mac]

In addition, it is conceivable that your airline will deny boarding to your son unless he has a flight out within 30 days.

 

Mac

[ubonjoe]

Just because children under the age of 15 do not pay overstay fines does not mean they don't need visas. They are still in violation of the immigration act when overstaying and do get stamps for it.

[scorecard]

2 hours ago, ubonjoe said:

Just because children under the age of 15 do not pay overstay fines does not mean they don't need visas. They are still in violation of the immigration act when overstaying and do get stamps for it.

 

And why take any risk at all with your own child less than 15 years old or any age?

[JIMMY56]

I have been told by the Thai immigration at khap Choeng that my 2 year old doe's not need a visa, as long as i am there when  he  leaves or re-enters, he had no problem leaving 3 weeks ago, going to pick him up today/now from Chong Chom 

by the way   i am on a retirement visa

[JIMMY56]

Just came back from chong chom no problem straight through

[ubonjoe]

3 hours ago, JIMMY56 said:

I have been told by the Thai immigration at khap Choeng that my 2 year old doe's not need a visa, as long as i am there when  he  leaves or re-enters, he had no problem leaving 3 weeks ago, going to pick him up today/now from Chong Chom 

by the way   i am on a retirement visa

Why not make a trip to Savannakhet or Vientiane and get your child a single entry non-o visa and then get them an extension as your dependent.

IMO immigration is not correct when they state your child does not need a visa.

[KIO]

Thank you all for your replys and input. Looking through my sons old (he is now 8) passport, the last time he left Thailand with an ovestay (5 months) was back in 2011 and it has not been stamped for it as the rules maby was different then. I regards to (mainly) the probable issue with the airline (we're flying with Qatar and I remember they questioned us not having a return ticket a couple of years ago but then we where on work permits) I will "splurge" and get my son the 300 SEK (about 1200 THB) SETV from the embassy in Sweden and then another one when in Penang. 

 

Again, many thanks all!

 

KIO

[JIMMY56]

Ubonjoe, i put that to them, they told me it was'nt necessary as the boy can travel on my visa til he is 15

[elviajero]

Do your children have a Thai mother?

[ubonjoe]

2 hours ago, JIMMY56 said:

Ubonjoe, i put that to them, they told me it was'nt necessary as the boy can travel on my visa til he is 15

Not sure what he using to enter the country but it certainly is not on your visa or extension of stay.

If he is leaving and entering at the border he must be getting visa exempt entries.

[JIMMY56]

His mother is Cambodian

[JIMMY56]

He has a Cambodian and Australian passport, he uses his Cambodian passport coming and going

[ubonjoe]

29 minutes ago, JIMMY56 said:

He has a Cambodian and Australian passport, he uses his Cambodian passport coming and going

Which means he is getting 14 day visa exempt entries (from a bilateral agreement) and is overstaying those entries.

[KIO]

I saw that I was called out yesterday here in the thread as being a "bad parenat" and also a "bad tourist" for "letting" my son recieving overstay. That post has been removed, which I appreciate, but I still want adressing that while still staying (somewhat) on topic:

 

My son, who is born 2008, made his first trip to Thailand that same year while both me and his mother (also a Swedish national) where on work permits in Thailand. Looking in his previous passport I can se on 3 seperate occasions where immigration (2 times on Phuket and 1 in Bankok) marking his visa with a big fat X and writing chancel on it when applying for re entry permits. On every occasion (back then; 2008-2011) they told us "your son does not need a visa as he is (don't remember the specific term they used) a minor".

After the 3rd time, when back in Sweden on holiday, I called the Thai embassy in Stockolm whereby they confirmed that it (again, back then) was unneccesary for us getting him any visa what so ever. So from that day up until we moved to another SEA country in late 2013 we "let" our son stay in Thailand and "recieving" overstay.

 

Reason for me writing my original post was that I know the rules have changed and I then got some good information fom some of you all. I have also called the Thai embassy in Stockholm, and they have confirmed that even though now at 8 years old he will not recieve any overstay fine but it is still a good idea applying for a SETV in regards to our current intiniary.

 

Maby next time when confronted with a similar situation fom the Thai immigration, I'll try the approach of calling the immigration officer a "bad one" and also a "bad Thai"... wonder how that will play out when not being protected by a screen and a VPN?!?

 

Quickly going a "little" OT: Being a teacher (and talking alot about cyber bullying in school) I wanted trying a pedagidical approach to the claims made to me yesterday and showed the post to my son. He, of course, wondered why someone was calling me a "bad dad" in a thread where I just was asking some simple (and friendly) questions... the pedagidgical reply from my side: -That's why you're not getting your own phone/tablet/computer with internet connection any time soon!!!

 

KIO

Edited August 13, 2016 by KIO

[elviajero]

I think there is confusion about the function of a visa. A visa is only required to enter the country and as your son qualifies for visa exempt entry, using either nationality and regardless of age, he can enter the country. If he didn't qualify for visa exempt entry he would need a visa.

 

Once he is in the country, due to his age, he cannot be fined for overstay or banned from the country. So visa exempt entry and no penalty for overstay mean he doesn't need a visa or extension of stay.

Edited August 13, 2016 by elviajero

[Maestro]

Just for the record: the legal clause that exempts a child from the payment of a fine for overstaying is the same clause, Section 74 of thePenal Code, that exempts children from legal punishment for the commission of any other transgression or crime including murder. In other words, if somebody feels like killing someone he should have his child do the deed.