Getting dual citizenship and transfering land ownership

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Joelt9791
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Getting dual citizenship and transfering land ownership

Post by Joelt9791 » Fri Jul 13, 2018 6:40 am

I searched the threads but could not find an answer. If it has already been covered I apologize and please direct me to the thread.

If we buy a villa from a property developer or company and stay in Thailand for the 3+ years to be eligible for and get citizenship can we then get the land portion turned over to us?
Thanks,
Joe

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Re: Getting dual citizenship and transfering land ownership

Post by PBbeacher » Fri Jul 13, 2018 7:00 am

Joelt9791 wrote:
Fri Jul 13, 2018 6:40 am
I searched the threads but could not find an answer. If it has already been covered I apologize and please direct me to the thread.

If we buy a villa from a property developer or company and stay in Thailand for the 3+ years to be eligible for and get citizenship can we then get the land portion turned over to us?
Thanks,
Joe
Where do you get the idea you can get Thai citizenship by staying here 3+ years?
I know people that have been here nearly 20 years, fluent in Thai, married to a Thai, with Thai kids that struggle to even renew marriage visas these days, been in the queue for permanent residency nearly a decade...and citizenship?? Sorry but no chance!

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Re: Getting dual citizenship and transfering land ownership

Post by PeteC » Fri Jul 13, 2018 7:33 am

Yes, I moved this from "Property" to here as assuredly the thread will go in the direction of citizenship for foreign people/permanent residency rather than land ownership.

As a first step you should Google "Thai citizenship" as there is a lot there to read and understand from many sources.

We have one foreign permanent resident as a forum member and perhaps later on he will comment. Pete :cheers:
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Re: Getting dual citizenship and transfering land ownership

Post by PBbeacher » Fri Jul 13, 2018 7:55 am

Good call.
Permanent residency doesn't allow you to own land.
I've personally never met (or heard of) a foreigner that has come here and recieved citizenship, and only met 2 people in over 12 years who have obtained PR status.

Interesting you mention there is 1 forum member with PR status...out of how many? Sure do wish it was easier!

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Re: Getting dual citizenship and transfering land ownership

Post by PeteC » Fri Jul 13, 2018 8:19 am

^ One that has told us he is. I guess there could be others, but I tend to doubt it. Pete :cheers:
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Re: Getting dual citizenship and transfering land ownership

Post by HHTel » Fri Jul 13, 2018 8:29 am

Foreigners may acquire Thai nationality under Section 10 of the Act through naturalization or, in the case of women married to Thai citizens, they may apply to adopt their husbands’ nationality under Section 9, if they have been legally married for 3 years (1 year if they have a child together).
The Act requires applicants for naturalization under Section 10 to have held permanent residence for 5 years, have an occupation in Thailand and have knowledge of the Thai language. Under a 2008 amendment, males married to Thai citizens are now exempted from the requirement to have permanent residence and knowledge of Thai but not from the requirement to have an occupation in Thailand. In order to qualify for the exemption, men with Thai wives must have been legally married for 3 years (1 year if they have a child together).

In addition to the qualifications specified in the Act, current ministerial guidelines require the following. You must show evidence that you have a job in Thailand paying a salary of at least 80,000 baht a month (40,000 if married to a Thai) along with tax receipts going back 3 complete calendar years. You need to present a valid work permit and originals or copies of expired work permits, if you have changed jobs within the period. You should be in a house registration book (blue TR14, if a permanent resident, otherwise a yellow TR13). Finally, you need to produce receipts from registered Thai charities to demonstrate your contribution to Thai society. This doesn’t have to be a huge amount but should be over a period of time, not just a single donation immediately prior to your application.
The granting of Thai nationality under the Act is up to the discretion of the interior minister. It is not subject to any judicial process or review and no time limit is set for approval. The entire process usually takes several years and requires much patience. On average about 160 people are granted Thai citizenship every year. Contrary to commonly held beliefs, it is not important to have a Thai spouse and/or children, as long as you are otherwise qualified. Many naturalized Thais have foreign spouses or are unmarried.

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Re: Getting dual citizenship and transfering land ownership

Post by hhinner » Fri Jul 13, 2018 8:33 am

Joelt9791 wrote:I searched the threads but could not find an answer. If it has already been covered I apologize and please direct me to the thread.

If we buy a villa from a property developer or company and stay in Thailand for the 3+ years to be eligible for and get citizenship can we then get the land portion turned over to us?
Thanks,
Joe
Assuming you're both foreigners it will take a minimum of 10 years to get citizenship. In order to apply for citizenship you will need to have been Permanent Resident for 5 years. To apply for PR you need to have worked and paid income tax for at least 3 years and to maintain that status on visa extensions for the whole time. Then, to apply for citizenship you need to continue working and paying tax for another 5 years and all through the time taken for approval of citizenship. Although PR approval may take only one year it does depend on the government of the time how long you wait. It could be quite a few years. Citizenship approval takes much longer usually, although it has been sped up recently.

These are just the basics. There may be other circumstances which can make things faster and easier. For example, a foreigner married to a Thai can obtain citizenship without going through PR.


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Re: Getting dual citizenship and transfering land ownership

Post by Nereus » Fri Jul 13, 2018 9:55 am

My late Father in Law was a Filipino. He was granted Thai citizenship by the late King. I still have the document and a special plague made from a copy. That was a very exceptional case only bought about by his music teaching.
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Re: Getting dual citizenship and transfering land ownership

Post by Joelt9791 » Sat Jul 14, 2018 6:50 am

Thanks for the information. Looks to be a lot more complicated than I was led to believe on some move to thailand websites. I now realize the difference between permanent residency and naturalized citizenship.

Our situation is a little different as we do not work. My wife is 41 and draws a pension I will be eligible next year to retire early and start drawing my pension. We didn't plan on working but getting an investment visa. My father in law lives with us, he is 66 and is going to apply for a retirement visa.

Property transfer, has anyone here originaly done a lease hold and later gotten married and transferred the leasehold into a freehold in the Thai spouses name?

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Re: Getting dual citizenship and transfering land ownership

Post by hhinner » Sat Jul 14, 2018 9:08 am

I would think that would be accomplished by getting the land owner to sell the land to the Thai spouse.

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Re: Getting dual citizenship and transfering land ownership

Post by Joelt9791 » Sat Jul 14, 2018 10:18 am

So you would still have to buy the land if they were willing to sell at a later date. Is there a option to buy clause usually in these contracts or are you just gambling with being able to purchase the land if you ever meet the requirements?

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Re: Getting dual citizenship and transfering land ownership

Post by PBbeacher » Sat Jul 14, 2018 10:44 am

It is possible to write into the land lease agreement that the land can be transferred freehold to a Thai at anytime and that if Thai law changes allowing foreigners to own land that you have paid in full for the land and can have it transferred to you (expect costs in both cases).

Use a good lawyer to ensure these and other applicable clauses are entered into the agreement in English & Thai.

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Re: Getting dual citizenship and transfering land ownership

Post by handdrummer » Sat Jul 14, 2018 1:17 pm

Also, to obtain Thai citizenship you must speak, read and write Thai fluently and sing the National Anthem and King's Song. Out of curiosity, why do you want to become a Thai citizen?

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Re: Getting dual citizenship and transfering land ownership

Post by Joelt9791 » Sat Jul 14, 2018 1:51 pm

I was just trying to see what were long term options for actually owning the house if we decided we want to stay forever.

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Re: Getting dual citizenship and transfering land ownership

Post by Nereus » Sat Jul 14, 2018 2:08 pm

Joelt9791 wrote:
Sat Jul 14, 2018 1:51 pm
I was just trying to see what were long term options for actually owning the house if we decided we want to stay forever.
A Farang can own a house, or any other building for that matter, just not the land it is built on.
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