Thais on foreign passports, a legal question

[deepee]

Many Thais have dual citizenship and a few I know have entered Thailand on their foreign passports and gone about innocently doing all sorts of stuff such as buying cars , property and even getting married .
Now something crossed my mind recently, is it possible that these dealings could be seen as void knowing how Thai laws deal with foreigners even tho they used their Thai ID's ?

[HHTel]

A friend's wife (Thai) came for a usual visit to her family. Because her Thai passport had expired (needed to be renewed whilst in Thailand), she had to do visa runs like any other farang. Therefore I would say that if a Thai national is in the country on a foreign passport, then he/she is a farang in the eyes of the law.

It should be noted that the Thai authorities do not recognise 'dual nationality' and at the age of 20 they have to decide which nationality they choose. Impossible to enforce as 'one passport' is not going to tell the 'other passport'.

[obiwan]

Why do they have to do visa runs if thai people without a thai passport dont have to do visa runs

[caller]

A friend's wife (Thai) came for a usual visit to her family. Because her Thai passport had expired (needed to be renewed whilst in Thailand), she had to do visa runs like any other farang.

Sorry, I can't see that as being correct. Thailand allows its citizens to enter their own Country on an expired passport (and airlines allow them to travel with one) and you don't need a passport to be a national of your own Country. A passport is in effect a permit to travel. All Thais have an ID card and that will suffice.

[Big Boy]

It should be noted that the Thai authorities do not recognise 'dual nationality' and at the age of 20 they have to decide which nationality they choose. Impossible to enforce as 'one passport' is not going to tell the 'other passport'.

Those were the rules, but they changed many years ago. My wife and son are both here under dual nationality.

[HHTel]

Section 14 of the Thai nationality Act BE 2508, ammended BE 2535 and 2551 - with further changes in the pipeline, will result in all children of Thai and foreign parents having to renounce either their Western nationality or Thai nationality.

The Thai govt has a clause that states, all who do not notify the Thai govt (within 1 year) will have their Thai citizenship automatically removed.

Unless someone knows otherwise!!

[Big Boy]

I think if you search this forum, you will find the section you are lookung for.

As an example, when my son reported in for National Service (taking part in the lottery) one of the documents they needed to see was his UK passport, and he was 22 at the time. If what you're saying is true, why would British Passport holders be considered for Thai National Service?

[HHTel]

I can't answer that BB. Just quoting the act. The following is a translation by the UN of the relevant section.

“Section 14. A person of Thai nationality, who was born of an alien father or
mother and has acquired the nationality of his father or mother according to the law
on nationality of his father or mother, or a person who acquires Thai nationality under
Section 12 paragraph two or Section 12/1 (2) and (3) is required, if he desires to retain
his other nationality, to make a declaration of his intention to renounce his Thai
nationality within one year after his attaining the age of twenty years, according to
such form and in the manner as prescribed in the Ministerial Regulations.
If, after consideration of the said intention, the Minister is of opinion that there
is reasonable ground to believe that such person may acquire the nationality of his
father, mother, or a foreign nationality, he shall grant permission, except in cases
where Thailand is being engaged in armed conflict, or is in state of war, he may order
the dispensation of any renunciation of Thai nationality.”

[Frank Hovis]

Taksin C. knows otherwise as does Abhisit V.

Thai nationals *may* renounce their Thai nationality once they become 20 and NOT before. This in particular relates to children of mixed Thai/Other parentage, where they are by default natural Thai nationals and are also nationals of another country by virtue of their 'Alien' parent, but the country of their 'Alien' parent does not allow dual nationality.

Thai nationals can renounce their nationality at any time after they are 20.

In the UK you have to be over 18, or under 18 and married (?) to renounce British nationality.

In all cases renunciation of nationality has to be approved by the nation you are renouncing.

As always in Thailand, don't put your faith in an English translation, it means nothing.

[Big Boy]

As I said, that looks like the old ruling - the update is discussed here somewhere.

My son didn't even achieve dual nationality until age 22.

[nanyang]

Just to add a little fuel to the fire:

Dual citizenship prohibited:
• Andorra,
• Austria ,
• Azerbaijan ,
• Burma,
• Bahrain,
• Botswana,
• Japan,
• China ,
• Czech Republic,
• Denmark,
• Fiji,
• India,
• Indonesia
• Ecuador,
• Estonia,
• Iran,
• Poland,
• Papua New Guinea,
• Brunei,
• Japan,
• Peru,
• Kuwait ,
• Kenya,
• Kazakhstan,
• Chile,
• Kiribati,
• Poland,
• Korea,
• Kuwait,
• Denmark,
• Latvia,
• Singapore
• Slovakia,
• Ecuador,
• Lithuania,
• Solomon Islands ,
• Fiji ,
• Malaysia,
• Mauritius,
• Netherlands,
• United Arab Emirates (UAE),
• Thailand,
• Mexico,
• Nepal,
• Venezuela,
• Norway,
• Zimbabwe,
• Mauritius,
• Myanmar,
• Nepal

[Big Boy]

Have a read of Page 5 of this thread www.huahinforum.com/viewtopic.php?f=9&t=11583 , which shows where I asked the question, and received the response from the Thai authority.

[Frank Hovis]

nangyang, what is the source of that detailed information?
Was it the MFA or just some website staffed with Thai lawyers with years of experience in naturalisation & legalisation, or just some website ?

[caller]

There must be hundreds of thousands of Thais with dual nationality, including ex-PM Abhisit (British National).

This has been much discussed on the UK forum I use. The best answer I saw was that its not for the Thais to interfere with the nationality of a citizen of another Country. So, at 20, he states, if he's ever asked, that he wishes to remain as Thai. That's it. At the end of 12 months that requirement ends and he's still a national of another Country and the Thais won't / can't do anything about it.

Thailand has also signed up to the international law governing dual nationality, although their own law appears contradictory (judging by the English translation).

My other half returned to Thailand in January, using her expired Thai passport to leave the UK and enter Thailand, rather than her British passport, so no-one in Thailand officially knows that she has dual nationality.

Also interesting to re-read the thread BB linked to!

[nanyang]

My other half returned to Thailand in January, using her expired Thai passport to leave the UK and enter Thailand, rather than her British passport, so no-one in Thailand officially knows that she has dual nationality.

If they (Thai Immigration) were cute they could soon find out - in your case.

When your wife entered Thailand, presumably, there is no record in her Thai passport as to where she came from as she will have exited the U.K. on her U.K. passport.

Equally, when she leaves Thailand she doesn't have the required visa in her Thai passport to enter the U.K.