3

My partner has just become a NZ citizen. Dual nationality is allowed in NZ. He has an NZ passport and he has just renewed his Thai passport.

Here, you can get an electronic endorsement without a label in the Thai passport. By accident they put in a label and after seeing them cancelled the label with the words "cancelled without prejudice".

I wanted him to use the Thai passport for the trip to Thailand soon and not his NZ one. The idea was that he would show his NZ passport when we are coming back to the airline but it would have no departure stamp on it from NZ.

I am wondering whether we would have problems with Thai Immigration if they saw the cancelled label. There is none here in NZ.

Should I go for a new Thai passport? Or as it is electronic, are the passports only scanned for Thais at point of entry by a machine, like here for NZ citizens, and what would be the likely problems on departure?

He has property now in Thailand, which I do not want to jeopardise. Would it be a problem for him to travel on his NZ passport?

5

In law, the phrase "without prejudice" basically means that any rights, privileges or immunities involved are not affected by the act.

Thus, when your document is cancelled without prejudice, it means that there was no negative impact to you attached to the cancellation and others who see the cancelled document should not infer that anything negative occurred.

This doesn't mean that you won't be asked about it, though. But since this has a very simple and coherent explanation, that should not be a problem.

  • Thanks Michael. I understand the phrase. I really need to know if he leaves NZ on his NZ passport and enters Thailand on his thai passport, which will not have a stamp showing the origin of his departure,NZ, will there be a problem and when he leaves Thailand , is there going to be a problem as his passport will give no indication of his residency status. He will be carrying his NZ passport. This will be fine with the airline but will the lack of a resident permit in His thai passport, cause departure problems with Thai immigration – Paul Michael Robinson Feb 21 '16 at 1:33
  • @PaulMichaelRobinson Does Thailand impose travel restrictions on its citizens? I still don't understand what exactly you're concerned about. – Michael Hampton Feb 21 '16 at 1:37
  • Thais are not supposed to have dual nationality but most living overseas do. As long as the embassy does not know it is tolerated. – Paul Michael Robinson Feb 21 '16 at 1:55
  • 1
    @PaulMichaelRobinson I think the missing piece here is that your question doesn't explain exactly what was cancelled without prejudice. – Michael Hampton Feb 21 '16 at 1:59
  • My daughter is a dualie and she has no issues coming & going on her Thai passport without stamps (since her other passport offers more visa fee entry destinations). If asked we just tell the truth that she used on her other passport at the destination. – user13044 Feb 21 '16 at 2:35
4

I think I can answer some of your questions.

I wanted him to use the Thai passport for the trip to Thailand soon and not his NZ one. The idea was that he would show his NZ passport when we are coming back to the airline but it would have no departure stamp on it from NZ.

So three different things: the airline, Thai immigration and NZ immigration.

The airline

You can show the airline both passports (they might ask this when departing from Thailand when they see no entry stamps in their NZ passport; they will also want to see the NZ passport because there is no NZ visa in the Thai passport), the Thai passport will show them that your partner (the one having both passports) will have no problems clearing Thai immigration (both ways, going in and out of Thailand, because they are a citizen). The NZ passport will show the same for their entry / leaving NZ.

Thai Immigration

When passing Thai immigration your partner can choose to go with their Thai passport (in my experience this is the easiest, also when staying longer they won't need a visa), just make sure it's the same (or a new Thai passport) on the way in as it is on their way out. Thai citizens (using their Thai passports) may pass the border using an automated machine (assuming their passport has biometrics, they probably do, you can check if it has the biometric sign; also assuming they leave via an airport with those machines, land borders don't have them, as far as I know).

If they have a NZ passport they could also use that (in Thailand), but there isn't really any point (as far as I can see) to doing so.

If your partner joins the queue for foreigners, their NZ passport will be checked by a Thai immigration official (just like any other NZ citizen). If they entered using their Thai passport and they leave using their NZ passport, they will have a problem because of the lack of stamps (it will look as if they entered the country illegally), so don't do that.

NZ Immigration

Just like you, they will have to identify using their NZ passport to gain entry to (and leave) NZ.

Or as it is electronic, are the passports only scanned for Thais at point of entry by a machine , like here for NZ Citizens and what would be the likely problems on departure.

This depends, if you go through the machine, it's not checked by an immigration official. If the machines are out of order (could be?), you end up in a queue with an official rather than a machine or there are no machines at your point of entry / exit then you will face an immigration official.

He has property now in Thailand which I do not want to Jeopardise. Would it be a problem for him to travel on his NZ passport.

To the best of my knowledge, his property has nothing to with his passport (many Thais don't have passports but they do identify using a national ID card). It is probably under the administration of the Department of Lands, to which your partner will identify using their Thai identity card (as opposed to their passport). If they do not have a (valid) ID card they should get one at the municipality office where they are registered.

Having that ID card is very important, this is what they would use if they are stopped by police or have to identify themselves anywhere else in Thailand (after passing the border). As a rule of thumb, when you need to show your passport to show that you are in the country legally, they show their ID card (much like you probably don't always carry around your passport in your own country of NZ).

No stamps in the Thai passports

I also see you're concerned about the lack of stamps in the Thai passports when entering Thailand. This really isn't a problem. Inconsistencies in the stamps by Thai immigration are common, because you will not get stamps when entering or exiting through a machine.

Lack of stamps from other countries are also common since many Thais travel abroad using a second (foreign) passport.

  • 2
    From personal experience I would just add that while Dual Nationality is technically allowed in Thailand not everyone in the immigration department is aware and happy about that. So best practice is to use your Thai passport to enter the country and leave the country and use your NZ passport to enter and leave NZ. Many people do that without issues. Also getting a new Thai passport in Thailand is very easy and will take only around 3 days. – mbglobetrotter May 14 '18 at 0:40

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.