Young mum finds herself is a no win situation

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Ozinasia
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Young mum finds herself is a no win situation

Post by Ozinasia »

Here is a new one on me today was told about a situation a young mum is in. A Filippina lady has been living in Cambodia about 14 years
She gave birth to her daughter 12 years ago to an American father who since disappeared.
The baby was given a Cambodian birth certificate.
Her own father in Manila is now on his death bed and she planned to fly home and applied for a Cambodian passport for her daughter but has been told sorry no your daughter is not Khmer she needs a Filipino passport since neither parent is Khmer.
Well thats ok only the embassy now informs her the daughter is 12 years overstay = $43,800.
Seems no way out for her, unlike her friend in Thailand who in similar situation the baby can remain in Thailand visa free until 18 and decide on what passport they want.
In Cambodia no, so a heads up to anyone planning on giving birth in Cambodia they need a passport and visa from day one !!
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Re: Young mum finds herself is a no win situation

Post by Malone »

Ozinasia wrote: Sun Feb 26, 2023 5:12 pm Here is a new one on me today was told about a situation a young mum is in. A Filippina lady has been living in Cambodia about 14 years
She gave birth to her daughter 12 years ago to an American father who since disappeared.
The baby was given a Cambodian birth certificate.
Her own father in Manila is now on his death bed and she planned to fly home and applied for a Cambodian passport for her daughter but has been told sorry no your daughter is not Khmer she needs a Filipino passport since neither parent is Khmer.
Well thats ok only the embassy now informs her the daughter is 12 years overstay = $43,800.
Seems no way out for her, unlike her friend in Thailand who in similar situation the baby can remain in Thailand visa free until 18 and decide on what passport they want.
In Cambodia no, so a heads up to anyone planning on giving birth in Cambodia they need a passport and visa from day one !!
sure there are ways...
can you even charge a child for overstay?
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PSD-Kiwi
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Re: Young mum finds herself is a no win situation

Post by PSD-Kiwi »

This is common knowledge, children born to foreigner parents in Cambodia need to apply for a Cambodian Birth Certificate, which will state both the parents nationalities and the childs, this does not make them a Cambodian Citizen therefore they are not eligible for a Cambodian passport.

As soon as they have obtained their Cambodian birth certificate and passport(s) from their parents country, they must report to the DoI within 3 months of the birth (often they are lenient with the timeframe up to 12 months), they are then required to obtain an Exit Visa, depart the country, return, obtain the necessary Visa and then Extension of Stay. The DoI will sometimes issue the Visa without the need to leave the country, very rarely though.

Tell your friend she should report to the Department of Immigration and plead her case, it is highly unlikely that they will charge 12 years of overstay, as there is a cap on the overstay fine (although not publicly published), if she is lucky they may discount or even waive the overstay fine, however, ignorance is no excuse.

I often have people, especially Filipinos, on a FB group I manage reporting that they believe their children born in Cambodia are automatically granted Citizenship, and they are shocked when they find out that's not the case. A little common sense would dictate parents who give birth in a foreign country would do a bit of research, unfortunately common sense ain't so common.
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Ghostwriter
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Re: Young mum finds herself is a no win situation

Post by Ghostwriter »

Malone wrote: Sun Feb 26, 2023 5:29 pm can you even charge a child for overstay?
Yes, it can happen.
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Ozinasia
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Re: Young mum finds herself is a no win situation

Post by Ozinasia »

PSD-Kiwi wrote: Sun Feb 26, 2023 5:34 pm This is common knowledge, children born to foreigner parents in Cambodia need to apply for a Cambodian Birth Certificate, which will state both the parents nationalities and the childs, this does not make them a Cambodian Citizen therefore they are not eligible for a Cambodian passport.
yes sadly she followed her friends advice from Thailand where apparently, they can reside visa free until 18 she is only a maid with not even high school graduation so its understood she just believed what she was told. She is scared to death now since the agent has told her if they go to immigration they can both be arrested and put in jail till overstay is paid needless to say she has zero chance of raising anything even close that amount. I have offer the daughter can stay with us whilst she goes say goodbye to Papa who isn't expected to last more then another week or so he just had both legs removed due to diabetes, this is all she needed to learn right now . I have not given advice since I simply don't know any answer other then what you have kindly suggested. However her going to immigration isn't an option she is willing to risk. Maybe when she gets back I can help her locate a immigration lawyer since that is probably what I would do myself. If anyone can recommend one please do so , I think having a lawyer go to immigration on her behalf is safer though I have told her its unlikely they will arrest a 14 year old girl and since her own visa is up to date I don't see why they would arrest her.
Sad situation they are good people worked hard many years to help her family and pay Papas medical bills has barely gone money for a return ticket.
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PSD-Kiwi
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Re: Young mum finds herself is a no win situation

Post by PSD-Kiwi »

Yes, I would definitely reccomend a lawyer and/or a representative from her Embassy to assist in mediation. If her immigration status is compliant then she will not be detained, and they won't detain a child.
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Re: Young mum finds herself is a no win situation

Post by daeum_tnaot »

PSD-Kiwi wrote: Sun Feb 26, 2023 5:34 pm This is common knowledge, children born to foreigner parents in Cambodia need to apply for a Cambodian Birth Certificate, which will state both the parents nationalities and the childs, this does not make them a Cambodian Citizen therefore they are not eligible for a Cambodian passport.

As soon as they have obtained their Cambodian birth certificate and passport(s) from their parents country, they must report to the DoI within 3 months of the birth (often they are lenient with the timeframe up to 12 months), they are then required to obtain an Exit Visa, depart the country, return, obtain the necessary Visa and then Extension of Stay. The DoI will sometimes issue the Visa without the need to leave the country, very rarely though.

Tell your friend she should report to the Department of Immigration and plead her case, it is highly unlikely that they will charge 12 years of overstay, as there is a cap on the overstay fine (although not publicly published), if she is lucky they may discount or even waive the overstay fine, however, ignorance is no excuse.

I often have people, especially Filipinos, on a FB group I manage reporting that they believe their children born in Cambodia are automatically granted Citizenship, and they are shocked when they find out that's not the case. A little common sense would dictate parents who give birth in a foreign country would do a bit of research, unfortunately common sense ain't so common.
Thanks for such a good knowledge of the laws.

As according to Wikipedia, it's almost entirely the Western hemisphere that allows citizenship by birth https://en.wikipedia.org/wiki/Jus_soli
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rozzieoz
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Re: Young mum finds herself is a no win situation

Post by rozzieoz »

PSD-Kiwi wrote: Sun Feb 26, 2023 5:34 pm there is a cap on the overstay fine (although not publicly published)
I didn't know this, can you share the amount?
Once you've read the dictionary, every other book is just a remix.
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Ozinasia
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Re: Young mum finds herself is a no win situation

Post by Ozinasia »

yes if this is so it would be great to know as this might help her options
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Ozinasia
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Re: Young mum finds herself is a no win situation

Post by Ozinasia »

As according to Wikipedia, it's almost entirely the Western hemisphere that allows citizenship by birth https://en.wikipedia.org/wiki/Jus_soli
[/quote]

Cambodia: In 1996, Cambodia changed the law to grant citizenship to children born to foreign parents only if they are living legally in the Kingdom of Cambodia (under Article 4(2)(a) of the 1996 Nationality Law).[64]

Hmmm she is living legally in Cambodia although not working legally, she was forced to work when the father ran away, it seems lawyer would be best approach maybe the young girl could get citizenship, get a passport go to Thailand get Filippino passport if needed and return.

To be honest I also assumed a baby born here would automatically be considered Khmer or if not at least not be required to get a visa though I never researched it.
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