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Answered5 years ago

What are the overstay rules for half-Thai children in Thailand?

Nat *******
asked Feb 22, 2022
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Advice please: It now looks like for unavoidable reasons my 13yr old is going to have an overstay. She's In half thai but on UK paperwork. In the past they've never enforced her needing a visa, and have always accepted her UK birth cert to show dad is Thaui. This is the first time I got her a tourist visa due to not wanting any extra hassle boarding to TL. Are they likely to enforce overstay rules for a child on exit? Does anyone know the actual rules?
Answer summary
A user seeks advice regarding the overstay situation for their half-Thai child, specifically about potential penalties and enforcement of overstay rules. Comments suggest that children under 15 generally do not face fines for overstaying but may have a stamp in their passport. One user shared their experience of traveling without penalty despite a minor overstaying when they were also managing the transition to a Thai passport.
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Jimmy **********
Jimmy **********
I returned to the UK 5th Feb with my half Thai daughter. She entered Thailand on her UK passport on a 30 day exempt. We applied for her new Thai passport while in Thailand and she left Bangkok to return to UK on her Thai passport. The immigration wrote in uk passport child overstay but no charge.
Amanda **********
Amanda **********
@Jimmy *********
does this effect being able to re-enter?
Jimmy **********
Jimmy **********
@Amanda *********
not at all. I had a overstay myself back in 2018 and had to pay a fine at the airport but didn't affect re-entering Thailand at all.
Amanda **********
Amanda **********
@Jimmy *********
Thanks thats super helpful!
Robert *******
Robert *******
Children until the age of 15 will not get fined for overstay.

But there will be a stamp in the passport.

To avoid, apply for the Extension of Stay based on being a Thai National awaiting the Thai ID card and passport.
Nat *******
Nat *******
OP
@Robert ******
thanks so much. I think we will have to chance it even with the stamp and just not use her UK passport to come in again 🤷🏻‍♀️

I don't think we can get anything relating to her being a Thai National as we couldn't get any paperwork for her until we got DNA results to prove she's Thai (which we've now got) because they won't accept UK birth cert to prove fatherhood, and now we've run out of time to get her Thai birth cert and passport (due to 3 weeks in quarantine) so will have to do it in the UK.
Brook ********
Brook ********
@Nat ******
You didn’t listen to what Robert wrote. Please read it again.
Nat *******
Nat *******
OP
@Brook *******
yes I did. I can't do anything based on her being a Thai national as she's not in the eyes of the law and doesn't have a birth cert. We're working on that process. I will follow the rest of his very good advice about overstaying with a stamp but no fine.
Chris ********
Chris ********
@Nat ******
the visa that was mentioned is available also to children who have a thai parent. So not necessary for the child to have thai citizenship to get that particular visa. But as said, under 15 she won’t be fined for overstay anyway
Nat *******
Nat *******
OP
@Chris *******
thanks Chris. Yes I think we'll have to do it in London now. When we did the DNA in bkk they did offer a certified translation certificate or something at the time in case we wanted to file for her paperwork in TL.

As long as we can get out next week despite overstay without going to jail 🥴 we'll do everything in London.
Chris ********
Chris ********
@Nat ******
if she was born in the UK she won’t be able to get her thai birth certificate in thailand. You’ll have to do that at the thai embassy in London.

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