Should I obtain a visa for my baby born in Thailand or let him overstay his entry?

Mar 25, 2022
3 years ago
Sophie *******
ORIGINAL POSTER
My baby was born in Thailand but we are due to fly overseas in May. When we re-enter, is it preferable for him to just enter on a visa exempt and overstay, or for me to get him a visa in advance?

We are both on British passports and I have a Non-B with work permit.

My lawyer says he can just overstay as no penalty, but I want to ensure this doesn't have any negative implications for the future.

Thanks!
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TLDR : Answer Summary
The discussion revolves around whether a baby born in Thailand should enter on a visa exempt and potentially overstay or if obtaining a visa in advance is a better option. Various commenters share their experiences and advice, suggesting that children under 15 typically do not incur penalties for overstaying and that obtaining a dependent visa may simplify future schooling and immigration processes. There are mixed opinions on whether to risk an overstay or pursue a visa, depending on individual circumstances and future plans, such as schooling.
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Tod *********
I think
@Sophie ******
has the answers she's seeking,

If she wants the thread re-opened she can message me
Penny *******
Following
Bob **********
Kids are safe from overstaying
Sharene *****
We were told repeatedly by various officers at immigration that as long as they’re under 15 there is no need to process the childrens visas
Sophie *******
ORIGINAL POSTER
@Sharene ********
did you have to do the Thai pass though? Sounds like that could be a headache
Chris ******
@Sop***
Thai pass is needed yes
Sharene *****
@Sophie ******
no but we came in almost a year ago
Henry *********
If you plan on sending him to school in Thailand it would better if he was legal. We got our 1 year old son a O visa and then it was straightforward to add him to my Work Extension as a dependent. But if you only plan on a short stay, I'd follow Tod's advice.
Sophie *******
ORIGINAL POSTER
@Henry ********
we live here, so ok better to get visa, thanks!
Henry *********
@Sophie ******
In that case, I would. Most international schools require pupils to be legally in Thailand.
Sophie *******
ORIGINAL POSTER
@Henry ********
thanks a lot. Any advice on if I can do it directly at immigration (Phuket)? My lawyer is just encouraging overstay 😏
Tod *********
@Sophie ******
****************************


this choice
Tod *********
@Sophie ******
, You could probably apply for a Non-O single entry visa from the thai consulate in the UK using the eVisa online system based on you holding a Non-B visa/extension and a work permit and you being the mother of the child

AND

then when you get here they'd get stamped in for 90 days and you'd go to the immigraiton office when you had 30 days or less left on that stamp and the child would get a matching extension of your expiration of your extension that you have based on employment
Sophie *******
ORIGINAL POSTER
@Tod ********
ah thank you, super helpful! I will pop into Phuket immigration before I go and check with them too.
Alexia *********
The only issue without dependent visa is that when you apply for their Thailand Pass you will have to provide a return ticket in the system, otherwise their pass will get rejected. After you don’t need to use said return ticket.
Sophie *******
ORIGINAL POSTER
@Alexia ********
ooh thanks for that!
Sheena **********
Hi! We were in the same situation and got our son a visa in country. We arrived on visa exempt and 15 days before expiry went to immigration to get him a dependent visa (my company helped with this). It’s a headache but I preferred it this way to just be on safe side. It’s a personal choice of course and if you’re company doesn’t help it might not be worth the effort.
Tod *********
There is no overstay fine for children under 15 and no banning for children under 18, so yep, bring 'em in visa exempt and let them overstay.

Keep in mind once they overstay they can't get a visa issued inside the country but sounds like they won't need a visa for a good number of years
Sophie *******
ORIGINAL POSTER
@Tod ********
thanks that's useful to know. Babies passports only last 5 years so he definitely won't be working before then ;)
MD *********
@Sophie ******
my son is 9yrs of age already and he has a stamp of a certain age on his passport that he can stay in the Kingdom of Thailand... I think 15yrs old like what
@Tod ********
said...

He was born here btw...
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