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Story Of My Thai Citizenship Application


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Sorry, everyone, if this question was previously covered.

 

I'm PR for more than 6 years and was planning to apply for citizenship this year (not married to Thai). However, one unexpected thing happened and I have to leave the company I worked for (10+ years). I know that I need to have active work permit for 3 years (or more) before the application. Unfortunately my new WP with the new company is delayed by 2-3 weeks (just because my new company absolutely doesn't know how to handle people with PR  -- I had job offer 3 weeks before my old WP expired). Do you think it will be a big problem if my WP is interrupted by 2-3 weeks? Thanks!

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3 hours ago, eldepinamar said:

Sorry, everyone, if this question was previously covered.

 

I'm PR for more than 6 years and was planning to apply for citizenship this year (not married to Thai). However, one unexpected thing happened and I have to leave the company I worked for (10+ years). I know that I need to have active work permit for 3 years (or more) before the application. Unfortunately my new WP with the new company is delayed by 2-3 weeks (just because my new company absolutely doesn't know how to handle people with PR  -- I had job offer 3 weeks before my old WP expired). Do you think it will be a big problem if my WP is interrupted by 2-3 weeks? Thanks!

I'm afraid this will be a problem, if anyone at SB or the MOI notices the gap.  One or two days might not matter but two to three weeks is more likely to, since the internal regulations clearly call for continuous WPs and visas.

 

You could try to wing it and hope no one notices but I would guess there is a strong possibility that some one would notice, since checking continuity of visas and WPs is a very easy thing for staff to do and maybe score internal points picking up on something. You filed will be looked at by SB, the MOI office staff and the staff of the departments that send representatives to the MOI interviews. The downside would be that you do an awful lot of work preparing the documentation, only to be dinged on the technicality.  It is probably better to go to SB and tell them the situation.

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8 hours ago, BKKBike09 said:

Pleased to report that outbound e-gates were working today (3 Nov), including for 10-year passport (previously told by Immigration at SVB that the e-gates would not work with more recently issued 10-year passports, those with numbers ABxxxxxxx). Will advise as to inbound when I come back in a couple of weeks, unless anyone else posts on it before then.

 

Great news.  Let's hope the company that won the tender for this massive investment of taxpayers' dosh can keep them working continuously, now they've finally got them working several years after the target installation date.  Maybe pigs can fly.

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1 minute ago, DrJoy said:

Hurry up

Thai nationality law will change from 11 Jan 2023

 

According to new law, applicants will be required to pass Thai language test from Chula university, which will indeed be hard. 
Good luck

thanks brother

cases will apply at SB or DOPA offices

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3 hours ago, DrJoy said:

Hurry up

Thai nationality law will change from 11 Jan 2023

 

According to new law, applicants will be required to pass Thai language test from Chula university, which will indeed be hard. 
Good luck

Have you got a link to the new law? Also, I would be interested in seeing a sample of the language tests. I speak Thai about 90 percent of the time, and have no problem with listening and reading comprehension, but I cannot write the language to save my life. While I have already gained citizenship, I would be interested in seeing whether I would have failed using the new language tests.

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3 hours ago, DrJoy said:

Hurry up

Thai nationality law will change from 11 Jan 2023

 

According to new law, applicants will be required to pass Thai language test from Chula university, which will indeed be hard. 
Good luck

Id be interested if this is only required if you lack the points to qualify without thai skills. 

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8 hours ago, DrJoy said:

Hurry up

Thai nationality law will change from 11 Jan 2023

 

According to new law, applicants will be required to pass Thai language test from Chula university, which will indeed be hard. 
Good luck

There is no new Nationality Act or amendment to the existing Act. That would require the full parliamentary process with three readings and votes and there has been no news on this.  At any rate the law is very broad brush and just states knowledge of the Thai language is required but exemption is given to those married to Thais.  Details of things like how knowledge of the Thai language is to be found not usually even in ministerial regulations that are published in the Royal Gazette, giving them the force of law, but in ministerial guidelines that are not published in the Royal Gazette.

 

There was a cabinet resolution some months back approving some new ministerial guidelines for more formalized language testing that the somewhat informal language testing that has been conducted by SB.  This may well use tests from CU which would be a logical approach and may well come into effect on 11 Jan 2023, as Jay says, but I haven't seen any announcement to this effect so far. 

 

Even more importantly the cabinet resolved to take the initial part of the application process away from SB and put the whole process under DOPA in all provinces, which could put an end to the practice of provincial candidates moving tabian baans to Bangkok in order to apply in Bangkok. Initial reaction from SB was reportedly that they were fairly optimistic about winning the tousle with the MOI to keep the status quo.  However, a recent post suggested that SB was resigned to losing the process next year.

 

Any news about applications no longer being made to SB?  If there is indeed to be a transition away from SB, I wonder what would happen to existing applications in process. 

 

Re new language requirements, it is important to bear in mind that new language testing guidelines will not have any effect on the exemption from the Thai language requirement for applicants married to Thais because the exemption is in the Act, as per the 2008 amendment, and can only be overridden by another act of parliament, not by ministerial guidelines or regulations. Nevertheless, tougher language testing could be an issue for those married to Thais who need points from the Thai language tests to qualify.

 

 

 

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5 hours ago, GarryP said:

Have you got a link to the new law? Also, I would be interested in seeing a sample of the language tests. I speak Thai about 90 percent of the time, and have no problem with listening and reading comprehension, but I cannot write the language to save my life. While I have already gained citizenship, I would be interested in seeing whether I would have failed using the new language tests.

Indeed it would be interesting to see, if one could pass the new tests, Garry. I got full marks for Thai language but I also can't write well these days, even though I passed the Por 6 exam for foreigners about 20 years ago. I was asked to write out the full name and address of the Nationality Section at Police HQ as my written test, which I was miraculously able to do because they had just made me redo the bank statement letter that had been addressed incorrectly by the bank. It the first year of reading and writing tests and I was the first person to request to do them and the MOI had not sent them any reading and writing tests.  So SB were forced to improvise.  Given that the ministry has always taken such a slap dash approach to SB and is contemptuous of the police, it is not surprising that SB's language testing is not considered methodical.

 

When I looked at the Life in Britain test the UK introduced for applicants for Indefinite Leave to Remain, an essential precursor to naturalisation, I had some doubts as to whether I could have become a British citizen by naturalisation.  I hope the new Thai tests will go to a similar extreme.

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47 minutes ago, Arkady said:

There is no new Nationality Act or amendment to the existing Act. That would require the full parliamentary process with three readings and votes and there has been no news on this.  At any rate the law is very broad brush and just states knowledge of the Thai language is required but exemption is given to those married to Thais.  Details of things like how knowledge of the Thai language is to be found not usually even in ministerial regulations that are published in the Royal Gazette, giving them the force of law, but in ministerial guidelines that are not published in the Royal Gazette.

 

There was a cabinet resolution some months back approving some new ministerial guidelines for more formalized language testing that the somewhat informal language testing that has been conducted by SB.  This may well use tests from CU which would be a logical approach and may well come into effect on 11 Jan 2023, as Jay says, but I haven't seen any announcement to this effect so far. 

 

Even more importantly the cabinet resolved to take the initial part of the application process away from SB and put the whole process under DOPA in all provinces, which could put an end to the practice of provincial candidates moving tabian baans to Bangkok in order to apply in Bangkok. Initial reaction from SB was reportedly that they were fairly optimistic about winning the tousle with the MOI to keep the status quo.  However, a recent post suggested that SB was resigned to losing the process next year.

 

Any news about applications no longer being made to SB?  If there is indeed to be a transition away from SB, I wonder what would happen to existing applications in process. 

 

Re new language requirements, it is important to bear in mind that new language testing guidelines will not have any effect on the exemption from the Thai language requirement for applicants married to Thais because the exemption is in the Act, as per the 2008 amendment, and can only be overridden by another act of parliament, not by ministerial guidelines or regulations. Nevertheless, tougher language testing could be an issue for those married to Thais who need points from the Thai language tests to qualify.

 

 

 

My wife's friend is in the MOI, so that's my source of info.

 

I wonder what would happen to existing applications in process - They will be processed as per old law.

 

SB will continue to accept applications till the last working day of this year.

 

Language test will not be applicable to those with Thai wives ( You are correct )

 

MOI is taking opinions about these changes in the Nationality law, link here -

 

https://www.law.go.th/listeningDetail?survey_id=MTE0NkRHQV9MQVdfRlJPTlRFTkQ=

 

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1 hour ago, Arkady said:

There is no new Nationality Act or amendment to the existing Act. That would require the full parliamentary process with three readings and votes and there has been no news on this.

Check this out -279606920_ThaiCit_New_11_Jan_2023_page-0001.thumb.jpg.9d5bd3f73afa60c70f214c06cfc669e5.jpg

 

 

 

 

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6 hours ago, DrJoy said:

Check this out -279606920_ThaiCit_New_11_Jan_2023_page-0001.thumb.jpg.9d5bd3f73afa60c70f214c06cfc669e5.jpg

 

 

 

 

that's true,
MOI have meeting on 1 November  2022
The meeting to review the draft ministerial regulation prescribing rules, procedures , which was approved on 11 Jan 2022 from Cabinet to proceed with new Laws, they are working on it , which included Form for applying for Thai citizenship No. 7 , Thai language for Non Thai application procedure.
Time to make $

 

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S__17670169.jpg

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15 hours ago, DrJoy said:

Check this out -279606920_ThaiCit_New_11_Jan_2023_page-0001.thumb.jpg.9d5bd3f73afa60c70f214c06cfc669e5.jpg

 

 

 

 

Exactly as I have said.  This is about drafting new ministerial regulations, not amending the Nationality Act or producing a whole new law, which, as I mentioned would require the full parliamentary process involving 3 readings and votes which would not be possible in the time left to this government and there is nothing mentioned anywhere about a new Act or any amendments. The ministerial regulations are important as they determine how the Nationality Act is interpreted and implemented but they cannot change any wording in the Act.

 

When people talk about a new law or changing the existing law, it makes me nervous, because anything could happen in that case. Rights of foreign husbands to apply could be curtailed, including their exemption from the need to have knowledge of the Thai language. Rights of luk krung could be curtailed and many other things that I will leave to your imaginations could happen.

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The process going on at the MOI seems entirely consistent with the 11 Jan 2022 cabinet resolution to amend the ministerial regulations https://www.thaigov.go.th/news/contents/details/50427 . Here is a reasonable Google translation. The most significant impact of the new regulations is likely to be that SB will be axed from the process entirely, if the regulations go ahead in line with the cabinet resolution, and applications will have to be made to DOPA in the provinces they reside. It is hard to imagine DOPA which runs the direct office network, making things easier than SB in Bangkok and the process for those living in the provinces will be up in the air.  There may no longer be any advantage to moving tabien baans to Bangkok and, even there is, DOPA might put a stop to the practice by visiting those addresses or demanding an explanation of how someone works in an office in Samui from a home base in Bangkok.

 

Cabinet taps to amend the ministerial regulations for Thai citizenship Foreigners must pass the Thai language test.

Cabinet taps to amend the ministerial regulations for Thai citizenship Foreigners must pass the Thai language test.

 

On January 11, 2022, Ms. Ratchada Thanadirek, Deputy Spokesperson for the Prime Minister's Office Revealed after the Cabinet meeting (Cabinet) on January 11, 2022 that the Cabinet approved a draft ministerial regulation prescribing rules, procedures, forms for applying for Thai citizenship. Naturalization into Thai renunciation of Thai nationality Regaining Thai Nationality and fees B.E. .... as proposed by the Ministry of Interior This is an amendment to the Ministerial Regulation B.E. 2510, issued under the Nationality Act, B.E. 2508 (1965), in order to be consistent with the current situation and to make law enforcement more efficient. The important things are as follows:
 
1. Determine the place for applying for Thai nationality Applying for naturalization into Thai Requesting the return of Thai nationality and requesting for the renunciation of Thai nationality as follows: 1) Persons whose names are registered in the civil registration in Bangkok to submit an application to the Department of Provincial Administration 2) Those whose names are in other provinces outside Bangkok to submit an application at the province 3) People domiciled abroad To submit an application at the embassy or consulate general.
 
2. Specify the following documents and evidence supporting the application: 1) A foreign woman applying for Thai nationality according to her husband. To submit a form according to the form Sor Chor. 1 together with evidence such as identity card, marriage certificate, photograph 2) the alien applying for naturalization as a Thai Submit an application in the form of Sor Chor. 2 together with evidence such as identity card, photo, proof of occupation. educational evidence 3) Apply for naturalization as a Thai for an alien who is an incompetent person, a minor, or an adopted child of a Thai national. To submit an application in the form of SorChor. 3 together with evidence such as a copy of the court's order appointing a curator. evidence of incompetence
 
3. Determine the period for consideration and examination of qualifications Must complete the process within 90 days in case of submitting abroad. The process must be completed within 120 days. The officer can request for an extension of not more than 30 days each time, but not more than 2 times and there must be a necessity only. Previously, there was no time limit for consideration and examination of qualifications.
 
4. Require aliens applying for naturalization to be Thai Must have knowledge of Thai language Must speak and listen to Thai to understand They must pass a test from a sub-committee appointed by the Nationality Screening Committee. or have a certificate from an educational institution accredited by the Ministry of Education Show that you are studying at an educational institution in Thailand not lower than elementary school Originally required to have knowledge of Thai language, speak Thai and listen to Thai only to understand.
 
5. Determine fees such as 1) Application for naturalization as a Thai, 10,000 baht each time (originally 5,000 baht) 2) Application for naturalization as a Thai For minor children of a naturalized person who is a Thai national: 5,000 baht each time (originally 2,500 baht) 3)A certificate of naturalization as a Thai 1,000 baht each (previously 500 baht) 4)A request for the return of Thai nationality: 2,000 baht each time (previously 1,000 baht)
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For interest here are the original ministerial regulations of 1967 that are being amended. It is interesting to note that ministerial regulations have only been issued once, two years after the current Act was promulgated.  They have never been amended since then, even though the Act has been amended significantly several times since then. It's also interesting that the ministerial regulations, like the Act itself, are fairly skimpy on detail.  Much of this detail is fleshed out by ministerial guidelines that are subject to even less scrutiny than the ministerial regulations, the latter being published in the RG and having the force of law.  Things like the affidavit and points allocation are covered in the guidelines which were last amended in 2009 when the affidavit was introduced for the first time.  Technically the guidelines don't have the force of law and can be amended at the stroke of a pen or even set aside in individual cases.  An example of this is the issue of whether applicants with PR can count periods on a WP and continuous prior to obtaining PR towards the 5 year residence period required for citizenship.  In the late noughties several people were permitted to do this and then they suddenly stopped allowing it with no change in the law, ministerial regulations or guidelines.  A number of applicants were then rejected for not having 5 years of PR, even though they had been advised they were qualified and SB forwarded their files to the MOI. 

 

Most Thai law is like this. An act of parliament that is deliberately vague and ambiguous in several places, followed by ministerial regulations that add some detail but leave much of the vagueness and ambiguity, followed by internal guidelines that may or may not be made public. In a system where precedence is of little or no concern, this structure allows the law to be interpreted differently by the courts in similar circumstances and permits bureaucrats to implement the law in a non-transparent manner and to make significant changes without parliamentary scrutiny.

Ministerial regulations Nationality Act 1967.pdf

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4 hours ago, DrJoy said:

Sorry I used the wrong word, it should be 'minor amendments' to the act

????

Actually it is a completely new set of ministerial regulations, rather than amendments to the act.  Any amendment to the act requires a new act via the full parliamentary process. For example, while the 1965 Nationality Act remains in force today, the 1992 Nationality Act amended it to allow nationality to pass through the female line and the 2008 Nationality Act amended it to allow husbands of Thai women to apply for citizenship without PR.  Amendments to the act are normally significant changes, rather than procedural issues that are dealt with in the ministerial regulations and guidelines.

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17 hours ago, Arkady said:

The process going on at the MOI seems entirely consistent with the 11 Jan 2022 cabinet resolution to amend the ministerial regulations https://www.thaigov.go.th/news/contents/details/50427 . Here is a reasonable Google translation. The most significant impact of the new regulations is likely to be that SB will be axed from the process entirely, if the regulations go ahead in line with the cabinet resolution, and applications will have to be made to DOPA in the provinces they reside. It is hard to imagine DOPA which runs the direct office network, making things easier than SB in Bangkok and the process for those living in the provinces will be up in the air.  There may no longer be any advantage to moving tabien baans to Bangkok and, even there is, DOPA might put a stop to the practice by visiting those addresses or demanding an explanation of how someone works in an office in Samui from a home base in Bangkok.

 

Cabinet taps to amend the ministerial regulations for Thai citizenship Foreigners must pass the Thai language test.

Cabinet taps to amend the ministerial regulations for Thai citizenship Foreigners must pass the Thai language test.

 

On January 11, 2022, Ms. Ratchada Thanadirek, Deputy Spokesperson for the Prime Minister's Office Revealed after the Cabinet meeting (Cabinet) on January 11, 2022 that the Cabinet approved a draft ministerial regulation prescribing rules, procedures, forms for applying for Thai citizenship. Naturalization into Thai renunciation of Thai nationality Regaining Thai Nationality and fees B.E. .... as proposed by the Ministry of Interior This is an amendment to the Ministerial Regulation B.E. 2510, issued under the Nationality Act, B.E. 2508 (1965), in order to be consistent with the current situation and to make law enforcement more efficient. The important things are as follows:
 
1. Determine the place for applying for Thai nationality Applying for naturalization into Thai Requesting the return of Thai nationality and requesting for the renunciation of Thai nationality as follows: 1) Persons whose names are registered in the civil registration in Bangkok to submit an application to the Department of Provincial Administration 2) Those whose names are in other provinces outside Bangkok to submit an application at the province 3) People domiciled abroad To submit an application at the embassy or consulate general.
 
2. Specify the following documents and evidence supporting the application: 1) A foreign woman applying for Thai nationality according to her husband. To submit a form according to the form Sor Chor. 1 together with evidence such as identity card, marriage certificate, photograph 2) the alien applying for naturalization as a Thai Submit an application in the form of Sor Chor. 2 together with evidence such as identity card, photo, proof of occupation. educational evidence 3) Apply for naturalization as a Thai for an alien who is an incompetent person, a minor, or an adopted child of a Thai national. To submit an application in the form of SorChor. 3 together with evidence such as a copy of the court's order appointing a curator. evidence of incompetence
 
3. Determine the period for consideration and examination of qualifications Must complete the process within 90 days in case of submitting abroad. The process must be completed within 120 days. The officer can request for an extension of not more than 30 days each time, but not more than 2 times and there must be a necessity only. Previously, there was no time limit for consideration and examination of qualifications.
 
4. Require aliens applying for naturalization to be Thai Must have knowledge of Thai language Must speak and listen to Thai to understand They must pass a test from a sub-committee appointed by the Nationality Screening Committee. or have a certificate from an educational institution accredited by the Ministry of Education Show that you are studying at an educational institution in Thailand not lower than elementary school Originally required to have knowledge of Thai language, speak Thai and listen to Thai only to understand.
 
5. Determine fees such as 1) Application for naturalization as a Thai, 10,000 baht each time (originally 5,000 baht) 2) Application for naturalization as a Thai For minor children of a naturalized person who is a Thai national: 5,000 baht each time (originally 2,500 baht) 3)A certificate of naturalization as a Thai 1,000 baht each (previously 500 baht) 4)A request for the return of Thai nationality: 2,000 baht each time (previously 1,000 baht)

Thanks for this. While item 3 with the time limitation is interesting, I don't expect anybody to take action when the application process is delayed. It would be kind of counter-productive, methinks.

 

I re-read item 4 on the website you linked. The applicant needs to be able to conduct a conversation by speaking and understanding the Thai language and present proof of this. So, the Primary School Degree (ป.6) that some of us have will be sufficient.  While a certificate from a university will be accepted, there is no mentioning of Chula as was originally posted. It also clearly says that only speaking and understanding is required, no reading or writing. My interpretation of this is that the applicant should be able to conduct a simple conversation (degree of simplicity to be decided by the institution issuing the certificate, and the institution must be accredited by the Ministry of Education), something an applicant will be able to do anyway, Why would anyone apply for a citizenship without speaking the language at least basically, I wonder.

 

So, all is cool. The Thai government just wants to establish that that the applicants speak basic Thai. The German government also requires that. I don't know about other countries, such as the US or Australia.

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On 11/12/2022 at 9:29 AM, onthemoon said:

Thanks for this. While item 3 with the time limitation is interesting, I don't expect anybody to take action when the application process is delayed. It would be kind of counter-productive, methinks.

 

I re-read item 4 on the website you linked. The applicant needs to be able to conduct a conversation by speaking and understanding the Thai language and present proof of this. So, the Primary School Degree (ป.6) that some of us have will be sufficient.  While a certificate from a university will be accepted, there is no mentioning of Chula as was originally posted. It also clearly says that only speaking and understanding is required, no reading or writing. My interpretation of this is that the applicant should be able to conduct a simple conversation (degree of simplicity to be decided by the institution issuing the certificate, and the institution must be accredited by the Ministry of Education), something an applicant will be able to do anyway, Why would anyone apply for a citizenship without speaking the language at least basically, I wonder.

 

So, all is cool. The Thai government just wants to establish that that the applicants speak basic Thai. The German government also requires that. I don't know about other countries, such as the US or Australia.

Re item 3. There were was a flow chart showing that it should take 90 days to get through the vetting process with NIA and other agencies after submitting signed application to SB which I applied. They did actually try to comply with it and succeeded in my case, even though they warned it might not be possible because the red shirts were surrounding police national HQ at the time. It is is good that they will set the time horizon again, although I agree that is not worth moking a complaint, if the don't comply with it.

 

Re item 3.  Since the cabinet resolved to give exemption to anyone who has attended Thai school up to Por 6, it looks like they will be aiming for an intermediate level of spoken Thai. I did the Por 6 exam for foreigners which is supposed to be at exactly that level but in reading and writing as well as speaking and oral comprehension and I assume that would also give exemption, if it still exists.  When I did the exam we did a dictation piece about the Thai economy and a written comprehension piece about various kinds of insects.  We also had to write an essay on a compulsory set topic with no other options. There was a one on one oral test which involved listening to the  passage on dolphins read out aloud and then answering questions on it. There was no small talk with the examiner.  I think this implies a reasonably extensive vocabulary and expect it to be harder than the MOI interview for which you can prepare a lot of spiel about your situation in Thailand. There may also  reading and writing tests but these will probably be optional, as they are now.

   

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On 11/3/2022 at 11:50 AM, BKKBike09 said:

Pleased to report that outbound e-gates were working today (3 Nov), including for 10-year passport (previously told by Immigration at SVB that the e-gates would not work with more recently issued 10-year passports, those with numbers ABxxxxxxx). Will advise as to inbound when I come back in a couple of weeks, unless anyone else posts on it before then.

 

Came back inbound yesterday, Swampy, still manual processing... with huge queues prepared for non-Thai arrivals.

 

A bit confused that @drjoy could enjoy e-gates?

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18 hours ago, heiri007 said:

Came back inbound yesterday, Swampy, still manual processing... with huge queues prepared for non-Thai arrivals.

 

A bit confused that @drjoy could enjoy e-gates?

17 hours ago, yankee99 said:

there's 3 different immigration halls

It was me, not DrJoy, who used the e-gates. As per Yankee99, there are 3 different immigration halls. A good point. I don't know if they're working at all of them. I used the outbound / inbound halls I've circled on the airport map.

 

image.jpeg

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