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Son told he lost his Thai citizenship for using Aussie passport


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On a trip back to Thailand a few months ago I hadn't noticed my 6 year old son's Thai passport had expired. He was still allowed to enter Thailand on it but we were never told that he couldn't exit on it. On the way out (of  Thailand) we were then told he couldn't use it and the only way was to use his Aussie passport -   though this would mean that he would lose his Thai citizenship. When we asked them if we could renew his Thai passport back in Australia they said that we could but he couldn't use it! ...which didn't really make sense to me.

 

Has anyone had any similar experience? Will my son really lose his Thai citizenship?

 

Thanks very much for any advice

 

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Did you try to exit on an expired passport?

 

Bad idea! Should have renewed it whilst in Thailand.

 

I'm surprised they let him exit on a passport of a different nationality to which he entered.

 

But your son won't lose his citizenship, you should be able to renew his passport in Oz and use it next time to enter Thailand. Any issues, ask to speak to a supervisor.

 

 

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It all makes perfect sense...

 

If a Thai wishes to exit using their Thai passport it has to be valid.

 

Your son was lucky - perhaps because he was under 16 years old immigration permitted his travel on his Australian Passport - but really, when doing so there should also be an entry stamp.

 

A Thai can enter Thailand on an expired passport (they are still Thai).

 

If your son renews his Thai passport in Australia, he wont be able to use it in Australia as he is an Australian Citizen.

 

He will be able to return to Thailand an use his renewed Thai passport upon entry into Thailand.

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18 hours ago, richard_smith237 said:

Your son was lucky - perhaps because he was under 16 years old immigration permitted his travel on his Australian Passport - but really, when doing so there should also be an entry stamp.

 

 

Children of non Thais get issues passports from embassies in bangkok all the time. Theres no 'should' here.. 

 

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Unless the below link is translated incorrectly, Section 17 of the Thai Nationality Act does seem to provide for revocation of Thai nationality where a child born of a foreign father continues to use the nationality of the father . 

 

http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

 

Although as KhunBENQ points out, the wording of the constitution does seem to contradict. Anyway, the immigration official is likely thinking of the Thai Nationality Act in making these threats.

Edited by dbrenn
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10 hours ago, dbrenn said:

Unless the below link is translated incorrectly, Section 17 of the Thai Nationality Act does seem to provide for revocation of Thai nationality where a child born of a foreign father continues to use the nationality of the father . 

 

http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

 

Although as KhunBENQ points out, the wording of the constitution does seem to contradict. Anyway, the immigration official is likely thinking of the Thai Nationality Act in making these threats.

 

The OP did not say how his son acquired Thai nationality but if he did because his mother was Thai at the time of his birth, Section 17, neither the outdated version to which you linked nor the current version (see here: https://goo.gl/nResS6), applies to him.

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4 minutes ago, steve187 said:

only if on house book and ID card

But unless registered here he will get to the point where he will not be able to get a passport without it. Most embassies and consulates are only able it issue the first passport after a birth registration  without a registration here at an Amphoe to get a Thai ID number.

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On ‎1‎/‎8‎/‎2017 at 6:47 PM, Crossy said:

 

Did you try to exit on an expired passport?

 

Bad idea! Should have renewed it whilst in Thailand.

 

I'm surprised they let him exit on a passport of a different nationality to which he entered.

 

But your son won't lose his citizenship, you should be able to renew his passport in Oz and use it next time to enter Thailand. Any issues, ask to speak to a supervisor.

 

 

That's ok the same info is in the chip on both PP, should have renewed in Thai but they can have duel PP, renew it in OZ then you're ok for another Ten years , don't forget, Back flip Mal has upped the PP charges.

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17 hours ago, dbrenn said:

Unless the below link is translated incorrectly, Section 17 of the Thai Nationality Act does seem to provide for revocation of Thai nationality where a child born of a foreign father continues to use the nationality of the father . 

 

http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

 

Although as KhunBENQ points out, the wording of the constitution does seem to contradict. Anyway, the immigration official is likely thinking of the Thai Nationality Act in making these threats.

If any Thai immigration officer knows the act I would be very surprised. What the hell is all the fuss about?? He is a Thai citizen so can enter Thailand. The father totally ballsed up by not renewing it on time so everyone became confused.

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No! Not possible! The one time Thailand does accept Dual Citizenship is in cases like your son. He can hold 2 until her reaches the age of majority (18 years I think) then must decide which citizenship he wants to keep. I think that is a bit of a farce to as I don't think that would ever be enforced anyway.

 

Just get him a new Thai Passport.  

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19 minutes ago, GOLDBUGGY said:

No! Not possible! The one time Thailand does accept Dual Citizenship is in cases like your son. He can hold 2 until her reaches the age of majority (18 years I think) then must decide which citizenship he wants to keep. I think that is a bit of a farce to as I don't think that would ever be enforced anyway.

 

Just get him a new Thai Passport.  

There is no requirement for them give up one their nationalities. They are given the option of choosing their nationality when the reach the age of 21 which is the age of maturity. Before that it is their parents choice.

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18 hours ago, dbrenn said:

Unless the below link is translated incorrectly, Section 17 of the Thai Nationality Act does seem to provide for revocation of Thai nationality where a child born of a foreign father continues to use the nationality of the father . 

 

http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

 

Although as KhunBENQ points out, the wording of the constitution does seem to contradict. Anyway, the immigration official is likely thinking of the Thai Nationality Act in making these threats.

I think Section 17 (2) can only be applied if the son is "sui juris" i.e. of legal age. Also I think this is never actually applied and is up to the discretion of the minister in charge only, has never been applied...

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56 minutes ago, tigermoth said:

If any Thai immigration officer knows the act I would be very surprised. What the hell is all the fuss about?? He is a Thai citizen so can enter Thailand. The father totally ballsed up by not renewing it on time so everyone became confused.

Well you need to have a Thai ID card to get a passport, and to get a Thai ID card you need to be registered at a home somewhere in Thailand, maybe that is the problem?

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i am also dual citizenship, your situation is unfortunate bu it gave me something to look out for..

 

NO, you can not lose citizenship over the passport situation. (are you confusing your passport with your citizenship?)

 

I am assuming you left Thailand using the Thai passport and used the Australian passport to enter Australia... if the passport is expired then you would definitely have to renew it to leave the country again. You can't leave Australia on the thai passport because there is no record of entering the country on it and you would also require a visa to enter and leave.

 

In any case note to self, check US passport for expiration before visiting the states or get a visa for thai passort.

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When I remember right it was the Military Regime who publicit this rule to the media 2 years ago. They told that Thais who have 2 nationalities and come into Thailand with a foreign passport lose their Thai nationality if they left Thailand on their Thai Passport.

 

Edited by snowgard
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4 hours ago, Crossy said:

A mate who holds three nationalities and two UK passports (so a total of 4 valid travel documents) tried to exit Thailand on the wrong PP. He said the look on the immigration officer's face was a picture when he shuffled through the stack to find the correct one. Stamped out without issue mind.

 

Yeah, there is always some annoying eejit causing delays in the queue.

 

I don't even want to speculate why he was trying to exit using the wrong passport. Maybe a simple mistake or making some statement "look I have all these passports", but the only guys I have known with multiple passports were always extremely careful about which passport was the one they were currently travelling on and kept the other well out of sight.

 

Ruffling feathers at immigration is just asking for issues.

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3 hours ago, 4MyEgo said:

 

Both our daughter born in Australia, both have dual passports, i.e. Australian and Thai, when leaving Australia, they exit on Aussie passports, when entering Thailand they enter with Thai passports, when exiting Thailand they exit with Thai passports, when entering Australia, they enter with Aussie passports. 

 

Never had an issue on dual passports and always renew them on time.

My Thai wife does exactly the same and never had a problem

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On 08/01/2017 at 6:42 PM, richard_smith237 said:

It all makes perfect sense...

 

If a Thai wishes to exit using their Thai passport it has to be valid.

 

Your son was lucky - perhaps because he was under 16 years old immigration permitted his travel on his Australian Passport - but really, when doing so there should also be an entry stamp.

 

A Thai can enter Thailand on an expired passport (they are still Thai).

 

If your son renews his Thai passport in Australia, he wont be able to use it in Australia as he is an Australian Citizen.

 

He will be able to return to Thailand an use his renewed Thai passport upon entry into Thailand.

Age does not come into it.Any Thai,of any age and dual citizenship can travel to Oz on what passport they choose.They would need a visa if travelling on Thai pp.Whilst they can lose their Australian citizenship if born in Thailand,for serious crimes,they can never lose their Thai citizenship.

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