New Us Citizen Still Thai?

[drewfritz]

Hi all, thanks in advance for your help.

My family and I are in what seems to be a unique situation and I need to know if what we intend to do is legally possible. Here's our situation:

me: US citizen

my wife: Thai by birth, recently became a US citizen

our twin daughters, age 11: US citizens by birth

our goal: I've accepted a job offer in Singapore and will move there from the US sometime over the next month or so. Due to the failing health of her elderly father, my wife would like to live in Thailand for a few years at least and put our daughters in an international school there beginning in August. International schools are significantly cheaper in Thailand than in Singapore and we'd also like them to learn some Thai language and culture.

my question(s): This may seem like an ignorant question (which it is :-) but is my new US passport holder wife still a citizen of Thailand at this point and will she be able to live there indefinitely without a visa? Also, are my daughters considered Thai citizens as well by virtue of the fact that their mother is Thai? If not, how would we go about gaining Thai citizenship for them?

Again, thanks very much for your help!

[singa-traz]

Your daughter and Wife are Thai. Get both of them a Thai Passport and ensure they enter/leave Thailand using it at all time.

[drewfritz]

Your daughter and Wife are Thai. Get both of them a Thai Passport and ensure they enter/leave Thailand using it at all time.

Wow..that was a fast response..thanks much!

[JoeInSurin]

I am no expert but I have been told (by a Thai that is now a US citizen) that there is no dual citizenship. She needs visas to stay in Thailand now and can not buy or own land in Thailand either.

[gummy]

I am no expert but I have been told (by a Thai that is now a US citizen) that there is no dual citizenship. She needs visas to stay in Thailand now and can not buy or own land in Thailand either.

This is incorrect unless she has relinquished here Thai citizenship

[drewfritz]

Hmm.....how to find out for sure then?

[JoeInSurin]

I think my friend is wrong. Look at the attached link. http://www.thaiembdc.org/consular/con_info...htm#nationality

[ChokChaiChas]

Hmm.....how to find out for sure then?

Rest assured. Joeinsurin is 100% WRONG.

Your wife has not lost her citizenship. I think it correct to say your children are not Thai but your wife is entitled to obtain Thai ciizenship for them.

I will let the experts explain procedures, which I believe are pretty straightforward.

There are tens of thousands of Thais with dual nationality including Thai/US.

[drewfritz]

I think my friend is wrong. Look at the attached link. http://www.thaiembdc.org/consular/con_info...htm#nationality

Wow...thanks much Joe. That pretty much settles it then...we just need to get the girls some Thai passports then. Many thanks mate!

[drewfritz]

Hmm.....how to find out for sure then?

Rest assured. Joeinsurin is 100% WRONG.

Your wife has not lost her citizenship. I think it correct to say your children are not Thai but your wife is entitled to obtain Thai ciizenship for them.

I will let the experts explain procedures, which I believe are pretty straightforward.

There are tens of thousands of Thais with dual nationality including Thai/US.

Thanks to you too mate...you're both partially right, according to the link Joe posted. She's still Thai and my daughters are too since we are legally married. See below. We just need to get passports for them. Many thanks!

2. Born outside the Territory of the Kingdom of Thailand

Case Nationality of Father Nationality of Mother Matrimony Status Nationality of the Child 1 Thai Thai Register Thai 2 Thai Thai No Thai 3 Thai Other Nationality Register Thai 4 Thai Other Nationality No Thai 5 Other Nationality Thai Register Thai 6 Other Nationality Thai No Thai

[singa-traz]

Hmm.....how to find out for sure then?

Rest assured. Joeinsurin is 100% WRONG.

Your wife has not lost her citizenship. I think it correct to say your children are not Thai but your wife is entitled to obtain Thai ciizenship for them.

I will let the experts explain procedures, which I believe are pretty straightforward.

There are tens of thousands of Thais with dual nationality including Thai/US.

Born to a Thai Mother, the kids are Thai.

[drewfritz]

Rest assured. Joeinsurin is 100% WRONG.

Your wife has not lost her citizenship. I think it correct to say your children are not Thai but your wife is entitled to obtain Thai ciizenship for them.

I will let the experts explain procedures, which I believe are pretty straightforward.

There are tens of thousands of Thais with dual nationality including Thai/US.

Thanks to you too mate...you're both partially right, according to the link Joe posted. She's still Thai and my daughters are too since we are legally married. See below. We just need to get passports for them. Many thanks!

[Maestro]

We just need to get passports for them.

Seeing that you plan to move to Singapore, your wife and kids to Thailand, next month, you should hurry with their application for Thai passports. The new, biometric passport takes several weeks to process through the Thai consulate. Call them for details and to make an appointment.

--

Maestro

[ChokChaiChas]

Thanks to you too mate...you're both partially right, according to the link Joe posted. She's still Thai and my daughters are too since we are legally married. See below. We just need to get passports for them. Many thanks!

I am correct both to my certain knowledge and according to the Link Joe posted. Your daughters are not Thai but they have the right to acquire Thai nationality (an easy process I believe).

Look at the top of the page.

[drewfritz]

Thanks to you too mate...you're both partially right, according to the link Joe posted. She's still Thai and my daughters are too since we are legally married. See below. We just need to get passports for them. Many thanks!

I am correct both to my certain knowledge and according to the Link Joe posted. Your daughters are not Thai but they have the right to acquire Thai nationality (an easy process I believe).

Look at the top of the page.

Yah, you're right, looks like it. They'll have to first get a Thai birth certificate and then apply for a Thai passport. The links to do that can be found via that page too.

Thanks again to all!

[Maestro]

I am correct both to my certain knowledge and according to the Link Joe posted. Your daughters are not Thai but they have the right to acquire Thai nationality (an easy process I believe).

Look at the top of the page.

The acquisition of Thai Nationality by birth is enshrined in Thailand’s Nationality Act. The birth certificate is not necessary to acquire Thai nationality; it is a record of the person’s nationality.

There is a link to the Nationality Act in the pinned topic “Thai Immigration Laws, Regulations, Police Orders”, both for the original Thai text and for an English translation. Look at Section 7(1):

“...acquire Thai nationality by birth...”

บุคคลดังต่อไปนี้ย่อมได้สัญชาติไทยโดยการเกิด

--

Maestro

[ChokChaiChas]

I am correct both to my certain knowledge and according to the Link Joe posted. Your daughters are not Thai but they have the right to acquire Thai nationality (an easy process I believe).

Look at the top of the page.

The acquisition of Thai Nationality by birth is enshrined in Thailand's Nationality Act. The birth certificate is not necessary to acquire Thai nationality; it is a record of the person's nationality.

There is a link to the Nationality Act in the pinned topic "Thai Immigration Laws, Regulations, Police Orders", both for the original Thai text and for an English translation. Look at Section 7(1):

"...acquire Thai nationality by birth..."

บุคคลดังต่อไปนี้ย่อมได้สัญชาติไทยโดยการเกิด

--

Maestro

I am familiar with the Act, which I why I didn't quote it to the OP. If only it were as simple as quoting from the Act. International law also needs to be considered (something which Thailand finds inconvenient when dealing with nationality claims of certain hill tribes). When the children were born they could have been registered as Thai OR US. Having opted for US the mother now has to apply for Thai citizenship for them. If she had opted for Thai the OP would have had to apply for US citizenship for them.

At the moment they are not Thai nationals and were they to travel to Thailand they would have the protection of the US govt. If they obtain dual nationality they will lose that protection.

Were you right theoretically any 18year old foriegn national male with Thai parent could find himself liable for conscription

[ChokChaiChas]

To add to my last post.

My reference to conscription was flippant, however I have no wish to cause concern. A male attainnig 18 is only liable for miltary training after having aquired a Thai ID card.

My reference to "apply" for Thai citizenship should read "aquire" which is a right. At risk of labouring the point (and despite the wording of the Act) until the Thai birth certificate is obtained the child is NOT a Thai national.

If a child is born in Thailand of a Thai parent it is a Thai national even if the birth is not registered (although that will store up big problems).

Edited April 6, 2007 by ChokChaiChas

[jayceenik]

my wife: Thai by birth, recently became a US citizen

our twin daughters, age 11: US citizens by birth

Check US citizenship laws too. She might lose her newly acquired US citizenship if she starts re-using her Thai passport and Thai nationality. Of course you can keep quiet about this...

[lopburi3]

She will not lose her US citizenship.

[Maestro]

When the children were born they could have been registered as Thai OR US. Having opted for US the mother now has to apply for Thai citizenship for them.

I have a suggestion. When your wife gets the application form from the Thai consulate, look at it. If the form says “Application for citizenship”, your are right. If it says “Application for passport”, you are wrong.

--

Maestro

[jayceenik]

She will not lose her US citizenship.

When I became a naturalized US citizen in 1970 there was a requirement on the naturalization application form that I intended "the USA to be my permanent abode". This permanent abode was considered as not going to live outside the US for five years after naturalization or the naturalization would be cancelled because of deceit on that application form. This de-naturalization was nearly applied to me because I didn't think about this five-year permanent abode when I went to work overseas a couple years later. Only an influential senator and my honorable military sevice in the US Army (Vietnam) saved me from the guillotine. Better check if this five year requirement is still in the books.