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Answered4 years ago

What are the immigration implications for a child born in Thailand to foreign parents who overstayed their visa?

Hkawn **************
asked Sep 21, 2022
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Asking on behalf since the family doesn’t know what to do !

A child was born in Thailand but parents are both Foreigners. The child lived in Thailand untill 15 without visa. But right before Covid,the child’s father went back to his country to seek for medical assistance. The child and mom are left in Thailand. When covid happened, the child and mom left Thailand from Myanmar boarder since the mom is Burmese. So the exist stamp was never there in the passport. Now the child is almost 18.

Let’s say the child go back into Thailand from the boarder and wants exist the country (Thailand)on her foreign passport by plane. What will happen to her?

Since she is passed 15 years of age where her visa free period is done.

Will she get banned from Thailand for overstaying 2 years without visa?

Or is there anything the family can do ?

P.S the father is dead while he went back to his country.
Answer summary
A child born in Thailand to two foreign parents but who overstayed their visa may face challenges when re-entering Thailand, especially if they are now almost 18. Given that they left Thailand without a proper exit stamp and have been without a visa, there are concerns about potential penalties or bans for overstaying. However, there are complexities related to Thai nationality laws which state that children born in Thailand to foreign parents may still have certain rights. It is recommended to consult an immigration lawyer who can provide legal advice and explore options for the child's situation, particularly regarding returning to Thailand with a foreign passport.
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Mick ********
Mick ********
The easy answer is that a child born to a Thai citizen, whether in Thailand or outside of Thailand, is automatically born a Thai citizen. In the case of Thailand, citizenship by birth is by blood, or to use the Latin phrase “jus sanguinis” (by the right of blood). so child cannot be deemed to have overstayed in their own country....
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%20easy%20answer%20is%20that,by%20the%20right%20of%20blood).
Mick ********
Mick ********
ie she never needed a visa. does not need one to return to thailand. apply for thai passport so child can go back and forth
Michael **************
Michael **************
I agree immigration lawyer
Tony *********
Tony *********
What visa did the foreigners have while they were there ??. The child could have piggyback on that ?
Hkawn **************
Hkawn **************
OP
@Tony ********
I heard they had business visa
Phil ******
Phil ******
@Hkawn *************
You really need an immigration lawyer to help you.

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%20born%20in%20Thailand%20can,to%20hold%20a%20Thai%20nationality.
Paul ********
Paul ********
Once upon a time in Thailand
Danny *******
Danny *******
You probably need an immigration lawyer not FB to sort this one out. 🤔
Jonathan ********
Jonathan ********
@Danny ******
Spot on.

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