Duel Citizenship Thai/Aust - Losing The Thai House :-(

[Chao Lao Beach]

Get Aussie Passport, Loose your Thai house and Thai Citizenship, says Thai Gov .

Thai Embasey in Oz is really badgering folks to give them heaps of personal details.  There was Gov talk several years ago of abandoning this Racist Law, also as many "Rich" Thais were also effected. 

 

Sure you (the person) enter/leaves Thailand on a Thai Passport, you need to flash a valid Oz one (or a visa) at check in often. 

There is going to be alot of tension when it fires up in the South China Sea, potential putting Thai and some countries into allies issues too that could fire up laws like below. Please read below.

 

"Section 22 of the Nationality Act states: 'A person of Thai nationality who has been naturalized as an alien, or who has renounced Thai nationality, or whose Thai nationality has been revoked, shall lose Thai nationality.” So, according to the strict interpretation and enforcement of this law, any Thai person (man or woman) who marries a foreign national and acquires her husband’s citizenship has technically lost her Thai citizenship. It is important to note that she would need to inform the Thai government of this change for it to be enforced. Should the marriage end in death or divorce the Thai national could then regain Thai citizenship."  

Sunbelt Asia Co., Ltd. - 10 June 2016

 

Anyone know the latest Law ?

[ezzra]

I don't think you got it right there pal as there are like thousands that have married foreign nationals and got foreign passports and nothing happens to their status as Thais and i knew a few of them first hand...

[simple1]

OP: provided a link below. it's a common misconception Thai's are not permitted to hold dual nationality, even by some front line staff at a Thai Embassy, as I discovered in KL, resolved by going to the person in charge.

 

https://www.thaicitizenship.com/thai-dual-citizenship/

Edited June 2, 2020 by simple1

[cleopatra2]

1 hour ago, simple1 said:

OP: provided a link below. it's a common misconception Thai's are not permitted to hold dual nationality, even by some front line staff at a Thai Embassy, as I discovered in KL, resolved by going to the person in charge.

 

https://www.thaicitizenship.com/thai-dual-citizenship/

The article linked to did not address the issue of section 22 of the Nationality Act.

While the premise of Thai's holding dual nationality is correct. Evidenced by many holding such dual nationality , an examination of section 22 is worthwhile.

 

The definition  of Alien in the act is anybody who does not hold Thai Nationality.

Thus the first part of section 22 reads anybody who naturalized as a person to not holding Thai Nationality loses their Thai Nationality.

 

Whilst at first this looks circular I presume this is to account for persons who acquire a nationality which forbids dual nationality.

[simple1]

2 hours ago, cleopatra2 said:

The article linked to did not address the issue of section 22 of the Nationality Act.

While the premise of Thai's holding dual nationality is correct. Evidenced by many holding such dual nationality , an examination of section 22 is worthwhile.

 

The definition  of Alien in the act is anybody who does not hold Thai Nationality.

Thus the first part of section 22 reads anybody who naturalized as a person to not holding Thai Nationality loses their Thai Nationality.

 

Whilst at first this looks circular I presume this is to account for persons who acquire a nationality which forbids dual nationality.

I'm not a lawyer. What I do know is Thai's can currently hold dual nationality so long as permitted by the other party government such as Australia & UK and do not lose any rights to property ownership or any other 'rights' e.g. my wife

Edited June 2, 2020 by simple1

[PhanomR]

On 6/2/2020 at 11:20 AM, cleopatra2 said:

Thus the first part of section 22 reads anybody who naturalized as a person to not holding Thai Nationality loses their Thai Nationality.

The interpretation has consistently been that the minister has the power to revoke the nationality of Thais who naturalise as aliens, only if they apply to renounce their nationality voluntarily. Evidence of this can be found by default in the Royal Gazette, where there is not a single announcement of involuntary revocation of Thai nationality under Section 22, since the current law was promulgated in 1965.

 

The 2017 Constitution, which outranks all other statutory laws cleared up this section as it states In Section 39 “Revocation of Thai nationality acquired by birth of a person shall not be permitted.”

 

Edited June 8, 2020 by PhanomR

[samran]

On 6/2/2020 at 7:04 AM, simple1 said:

OP: provided a link below. it's a common misconception Thai's are not permitted to hold dual nationality, even by some front line staff at a Thai Embassy, as I discovered in KL, resolved by going to the person in charge.

 

https://www.thaicitizenship.com/thai-dual-citizenship/

I think the OP should see that if he is talking about his wife, then section 13 of the act applies, which states that giving it up is entirely a voluntary thing.

 

Not withstanding this, @PhanomR's interpretation of section 22 is correct. In plainspeak - no one is going to come for your Thai nationality if you decide to get another citizenship.

[PhanomR]

27 minutes ago, samran said:

Not withstanding this, @PhanomR's interpretation of section 22 is correct. In plainspeak - no one is going to come for your Thai nationality if you decide to get another citizenship.

Also the Thai constitution now prohibits Revocation of Thai nationality (by birth). 

[cleopatra2]

11 hours ago, PhanomR said:

Also the Thai constitution now prohibits Revocation of Thai nationality (by birth). 

The constitution only prevents the state from revoking nationality.

If a Thai nationalises as a foreigner which forbids dual nationality then section 22 applies.

In this situation it is the Thai national not the state removing Thai Nationality.

[Puwa]

About 15 years ago, when my wife was completing her US naturalization, we inquired about this at the Thai Consulate in Washington, DC. The answer was that, however one interprets the law, the Thai government has never created or enacted any policies or procedures or given instructions to the bureaucracy for revoking citizenship, and would be unlikely to do so. As far as I can see, nothing has changed.

[cleopatra2]

6 minutes ago, Puwa said:

About 15 years ago, when my wife was completing her US naturalization, we inquired about this at the Thai Consulate in Washington, DC. The answer was that, however one interprets the law, the Thai government has never created or enacted any policies or procedures or given instructions to the bureaucracy for revoking citizenship, and would be unlikely to do so. As far as I can see, nothing has changed.

Some countries, China being an example , require a person to formally renounce their existing citizenship before naturalising as Chinese.

[Puwa]

5 minutes ago, cleopatra2 said:

Some countries, China being an example , require a person to formally renounce their existing citizenship before naturalising as Chinese.

And then what happens? China writes a memo to Thailand saying, please cancel this person's citizenship?