Answered4 years ago

What is the immigration status of a foreign child born in Thailand and can they travel without changing their status?

Immigration Visa Rules Child Visa Thai Citizenship Non-O Visa Travel Requirements

Jing ****

asked Jul 17, 2022

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Hello all, asking this for a friend.

If a foreign couple have a child in Thailand, what immigration status does the child have? And can the child leave and enter Thailand for travel (third country) without requiring any change in immigration status?

The father and mother have a non-B and non-o based on family respectively.

Thanks!

Answer summary

A foreign child born in Thailand does not automatically gain Thai citizenship and is entitled to the citizenship of the mother’s home country. The child will require a passport from their nationality to travel, including leaving and entering Thailand. Parents can apply for a Thai Non-O dependent visa for the child to facilitate their stay. It is advised to contact the respective embassy for detailed requirements.

11 repliesnewest first

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Henry *********

@Jing ***

First get the child their HK passport. The child can legally stay in Thailand but will need a passport to leave. Then you can get them an O visa to re-enter.

4 years ago

Jing ****

@Henry ********

she has her passport already, but no non-o as yet. So the parents are trying to figure out if it can be done in-country or not.

4 years ago

Tod *********

@Jing ***

the child was born here (as in they do NOT have an entry stamp in their passport. There is (as far as I know) NO way to start the in country visa process because you need a valid ENTRY STAMP. SO that child would have to exit/re-enter to get a valid entry stamp

THEN they could begin the process of getting an in country Non-Imm visa for them at the immigration office.

4 years ago

Ellie *******

@Jing ***

, maybe not. But as I mentioned, a Thailand-born child would be able to stay for a certain period without applying for a Non-immigrant visa/extension.

Meanwhile, minors would not be charged for overstay penalties (but still they get an overstay stamp after that grace period I mentioned).

4 years ago

Ellie *******

Go to the local immigration office to see how long the baby can have that grace period to prepare their own visa. It's years order.

4 years ago

Ellie *******

@Jing ***

, Don't come up with much for babies. Usually, with overstay records, you cannot apply for Thailand Elite, maybe SMART, or application in a few consulates around SEA. But IF the baby is on overstay in Thailand (after those grace periods), they definitely cannot apply for anything inside Thailand.

4 years ago

Jing ****

@Ellie ******

any idea if that overstay stamp will prejudice any future application they make?

4 years ago

Ellie *******

Thailand-born foreign babies can stay for a specific time (up to 7 years if I remember right) or until leaving Thailand.

A foreign baby has to get a passport of its own nationality before leaving Thailand. Without a passport of child-self, even a baby with parents, cannot leave/enter Thailand or any other country. And entering requirements or status is exactly the same as the adult with the same nationality.

4 years ago

James ********

The birth of a foreign child in Thailand does not grant Thai citizenship.

The child is entitled to citizenship of its mother's home country. Contact your home country Embassy in Thailand.

You can obtain a Thai Non O dependent visa for the foreign child...Ask your Thai immigration office.

4 years ago

Jing ****

They are from Hong Kong whom still require quarantine so they would like to get their child a visa either within Thailand or from a nearby country that does not require quarantine.

They were told that it is not possible to get their child a non-o family visa from within Thailand by other families in their situation.

4 years ago

Tod *********

@Jing ***

right because the child has to leave and come back ON a passport AND be on a valid entry stamp with the correct number of days to begin the visa process

4 years ago