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Dual Citizenship & Which Passport A Thai Should Us


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:o

A friend as ask me a question or two that I do not find an answer for.

He is a yank over 55, married to a Thai wife, for 26 years. She also has her US citizenship.

She has a valid Thai passport and her Thai ID is current. She has not lived in Thailand for the last 30 years but has keep up her id and passport. They have not “legalized” their married at their local Amphor. Prior visits by both where on Tourist stays.

They invested, via a bank transfer to the wife’s Thai bank account, 700,000 baht of their jointly owned money to build a new 4 million baht home jointly with her Thai sisters just this year.

They are retired and can bring in the 400,000 baht for the non-imm O for him with no problem if need be. They can easily meet the 40,000 baht per month income Jointly from investment income and retirement pensions.

They asked are these requirements considered by the Thai immigration jointly or must each of them stand alone in terms of assets and income.

They want to visit Thailand for 5 or 6 months a year and return back to US.

They inquired as to her status upon entry into Thailand.

First, she needs her US passport stamped, for security re-entry issues via the Patriot Act rules. So what passport does she travel to Thailand on? What is her status visa v. Thai immigration considering the length of stay they desire?

Secondly, she ask, if she uses her US passport, won't that require a visa? If not, would she, given this is the first time they have stayed past 60 days, be possibly stuck with the max 30,000 baht overstay penalty upon leaving?

Lastly, they ask to keep the 3 years, of 1 year Non-imm o extension going in order to be eligible for Permanent Residency, will they have to return each year before the last 1 year extension expires or can they meet the 3 year requirement without showing a "continuous" 3 year stay?

I have told them what I think but as I have noted many times on this forum, what I think and reality in Thailand are not universially exclusive. I found pieces of answers but nothing I could say was convincing? :D

In advance, any assistance would be most appreciated.

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Generally I would agree with you George, but what about this Patriot Act.

From what he says, she needs a stamp from overseas, in her passport to get back in the US?

I would suggest showing both passports at the US side, if there is any query as to why there is no entry stamp for another country in the US passport.

As for the visa side.

His wife does not need a visa as she will enter on her Thai passport.

He will need a double entry tourist visa.

The first entry will give him 60 days and then he can extend that at the immigration office, for a further 30 days. He must then leave the country and re-enter for a further 60 + 30 days. That gives you the best part of six months.

If they are legally married in the USA the it will be easier.

He can apply for a Non Imm O visa based on the marriage and extend it to be one year, at the end of the initial 3 month of entry. It looks a though they can meet the finanial requirements.

If they can get the timing right and be in the Kingdom when the one year visa need renewing then they can renew it here, and keep the visa valid year by year.

This will mean they can come any time they like.

Edited by astral
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First, she needs her US passport stamped, for security re-entry issues via the Patriot Act rules.

Who told you this? Sounds a bit dubious, as it would affect many people who have US/European Union dual nationality, who would never have any stamps if they travelled between the US and Europe.

Just had a quick look at the relevant section of the Act (Micheal Moore would have been proud) and there is no stipulation that a US passport must be stamped. Maybe I missed the relevant section though.

Otherwise, George's advice is spot on.

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First, she needs her US passport stamped, for security re-entry issues via the Patriot Act rules.

Who told you this? Sounds a bit dubious, as it would affect many people who have US/European Union dual nationality, who would never have any stamps if they travelled between the US and Europe.

Just had a quick look at the relevant section of the Act (Micheal Moore would have been proud) and there is no stipulation that a US passport must be stamped. Maybe I missed the relevant section though.

Otherwise, George's advice is spot on.

most of time when entering with a US passport there will not be any entry stamp...just a swipe into the system. about three years ago they started using a red admitted stamp with the date but have since stopped.

samran, from previous posts i believe you have two passports as does my daughter...it's as george says enter and exit the country with the proper passport and no visa or stamp is necessary.

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I and my friends are most appreciative of everyone's input. It has been helpful and maybe clarifying as to their issues.

Someone mention the "ACT" and the stamp requirement.

This, as I understand it, is an extention of the traditional, "where have you been" inquiry by US immigration.

It is something related to the ten's of thousands of stollen french passports that are on the black market as we speak. Likewise, there are numerous German, Italian and South African "real" blank passports floating around and are un- accounted for by their governments.

Recently, US Immigration on the Canadian and Mexican border began picking up "persons of suspicion" attempting to enter the country without stamped entries reflecting where they claimed to have been.

A question that has always been a standard entry question. Only this last month, a South african woman of middle eastern characteristics showed up on the Texas border, with no proper stamps as to where she claimed to have come from. i.e via Europe (France and Germany) to mexico.

Maybe it is much ado about nothing but who wants to be grilled for hours by men in black if it can be avoided if you get my drift.

Again much appreciation for the input.

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If the dual passport/dual citizenship route makes your friend uncomfortable (even tho' both Thailand and the US recognize dual citizenship), his wife can enter Thailand on her US passport with a 30-day "no visa required" stamp, then go to immigration and get a one year extension based on "Thai nationality." The stamp is 1900 baht, and a reentry stamp, if needed, is 3800 baht.

All this is just like what we farangs go thru for retiree/marriage extensions -- except it's near instantaneous turnaround time: No 'temporary extension, come back in 30-60 days for final approval.' And no medical, financial BS to go thru. At least this was the case with my Thai/US wife in Chiang Mai Immigration. And have heard similar stories from other folks. Thai Immigration takes care of its expat Thai Nationals.

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Excellent "Rob Kop" solution and suggestion JimGrant. I will pass it along. Thanks.

one cavete to this discussion is the issue of having you US passport stamped to reflect you travels. There is supposively an ICE alert out for forged passports including US without proper stamps... This is why my friends where concerned.

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Excellent "Rob Kop" solution and suggestion JimGrant. I will pass it along. Thanks.

one cavete to this discussion is the issue of having you US passport stamped to reflect you travels. There is supposively an ICE alert out for forged passports including US without proper stamps... This is why my friends where concerned.

But using the passport of the country you enter/leave IS proper use. And is a requirement for anyone holding a US passport - they must use that passport to enter or leave. The US would expect you to use other country passport to enter/leave other country. If there were any question you have the other passport to show.

Strange that you and your friend both just happen to have been married to a Thai lady for 26 years. :o

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mate, you are over-reacting...sorry your, ahem, friend is over-reacting.

Fact is that you are making a situation more difficult than it needs to be and will cost you money that you don't need to spend.

Leave and Enter the US on the US passport (as the law requires for US citizens). Enter and Leave Thailand on the Thai passport to avoid any visa hassels. Simple as that.

It is impossible for the US to legislate that a US citizen ONLY use their US passport when travelling overseas, especially when a person is also entitled to dual nationality.

If US immigration want to see a stamp trail, then your wife should just show both passports. That will satisfy them.

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Hi

Slightly off topic but related question - can a thai national have dual nationality (I think the answer is no, but justr want to check)

Also, I just wonder if the Thai national leaves the US on US passport and enters Thailand with Thai passport, will Thai immigration ask questions about where the Thai national has come from as there will not be a stamp in the Thai passport for exit from the US.

Thanks

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Slightly off topic but related question - can a thai national have dual nationality (I think the answer is no, but justr want to check)

of course a thai can have dual citizenship

Also, I just wonder if the Thai national leaves the US on US passport and enters Thailand with Thai passport, will Thai immigration ask questions about where the Thai national has come from as there will not be a stamp in the Thai passport for exit from the US.

there will not be an exit stamp in the thai passport. the citizen left the usa with a swipe into the computer using the us passport.

no, when thais are entering thailand with a thai passport. immigration isn't concerned with a visa, or entry/exit stamps from another country...just that the thai passport is valid.

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Thank all of you for the discussion. It was very helpful indeed. I have subsequently spoken with a 22 year Veteran US Immigration inspector and my Thai family is inquiring of Thai immigration via the Thai Luk Newpaper about whether a thai is considered an over stay should they discover they are a Dual citizen as well.

( my friend's wife states her cousin, a dual Thai US citizen, who may or may not have entered on is Thai passport just last September, was stopped by the police in Rayong and he was "charged" my words, with, in addition to drunken driving, with an overstay and he had to get a friend he knew to get the overstayed dropped.

Fact or fiction, that I can not attest to).

As to the Veteran US inspector, he concurs with the consenus of the group, a US citizen is generally not checked for visa stamps and also is of the opinion that explaining the use of your other passport, if asked, is normal and is, for the most part, usually acceptable at US ports of entry.

So far, the family inquiry has only gotten that Thailand considers you a Thai Citizen even with another citizenship up and until you renounce your Thai citizenship in writing.

I would say, given the astute commentary from the members, that it's appears resonable to me that, if a Thai Citizen has their house registration, ID card and passport in order, to any Thai official they would encounteron on an extended visit, they would be considered Thai and not a alien.

Then again I quess that is why that have lawyers isn't it?

If we here more we will share it. But it seems the issue is well in hand but may be helpful to that next wave of expat's that are about to start coming back.

P.S to the Inquisition-or: Friend, my college mate, married my wifes room mate from college the same year, as if,... it was,... well you know the drill?

Some people I'm afraid have their cup always half empty. :o

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Immigration and the Ministry of Foreign Affairs (embassy staff) seem to have different ideas about whether Thais are allowed to have dual nationality or not...

MFA will say dual nationality is allowed. (as it's not specifically disallowed in Thai law).

Immigration will often say dual nationality isn't allowed. (as it's not specifically allowed in Thai law - except for minors...).

The grey area is that, once you have Thai nationality - it cannot be revoked except voluntarily under the constitution. So a Thai getting a second nationality in a jurisdiction where dual nationality is allowed (i.e. US / UK) is able to keep their Thai nationality, and no government department can revoke it.

(One thing - when did she get the US nationality - as prior to a change in the law, it used to be that getting a second nationality was deemed to be equivalent to a voluntary revocation of the Thai nationality - but if she's got a valid Thai passport, and a valid ID card, that would suggest that isn't an issue in this case).

i.e. Thais effectively are able to get dual nationality, even though the law doesn't specifically permit it, because the government has no way of revoking it...

Do as other posters have suggested. - Use the US passport when entering/leaving the US. (as required by US law), and on entering Thailand, you can use either passport depending on how long you intend to be in the country for. (If your wife has her Thai ID card - if she comes in on the US passport - she can get the one-year extension that people mention above. - but obviously if she comes in on the Thai passport, she doesn't even need that.)

When travelling back to the US - you'll have the Thai passport with you to show as the reason for the lack of the stamp if they do ask on arrival. (It's very normal - as anyone with US/UK dual nationality is required to use their UK passport when entering/exiting the UK under UK law, and the US passport when entering/exiting the US under US law - so never gets stamps when travelling between the two).

Her Thai ID card will also be needed if you're putting the house in her name.

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Immigration will often say dual nationality isn't allowed. (as it's not specifically allowed in Thai law - except for minors...).

Well in that case don't tell them.

For example.

The UK does not accept that a person can give up UK citizenship.

If you are required to surrender your UK passport when applying for citizenship of another country, the passport will be sent to the British Embassy. They in turn will will send it back to the holder, in a plain envelope, recommending that the passport be kept outside the country.

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Great postings with lots of good information...

On the topic of dual citizenship/passports for Thia nationals, are there any barriers to a Thai national having dual citizenship & passport privileges in Hong Kong?

My Thai gf just recently received her HK permanent residency and HK permanet ID card (she has lived there for 7+ yrs). Can she now get a HK passport? And how much easier will it be for her to travel abroad on a HK passport?

From my reading of the HK Immigration regulations, I think she can (at a minimum) claim Right Of Abode in HK and get a HK passport. But she is scared that she will then need a visa to go home to Thailand...I have told her I think she can hold dual passports...

Any expertise/experience/knowledge on the HK passport aspect?

Thanks.

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Hi all, great reading in this forum.

A little bit more on the dual citizenship/passport topic. Question, what if my wifes Thai passport expired and a new one was issued overseas, and she presented it at Immigration on entering the Kingdom with no other markings. She also has dual citizenship and two passports. I have been told that immigration look unfavourably on this situation and my friend was bombarded with many questions. Any answers to this scenerio.

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Hi all, great reading in this forum.

A little bit more on the dual citizenship/passport topic. Question, what if my wifes Thai passport expired and a new one was issued overseas, and she presented it at Immigration on entering the Kingdom with no other markings. She also has dual citizenship and two passports. I have been told that immigration look unfavourably on this situation and my friend was bombarded with many questions. Any answers to this scenerio.

Answer the questions.

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hi'

I answer part of the question:

The golden rule is: She always leaves and enter the US with her US passport, and always leaves and enter Thailand with her Thai passport. Always.

sorry to go against all this, but due to recent experience, here are the facts:

Thailand DO NOT allow dual-citizenship!

you MUST leave the kingdom with a visa to any foreign country on the Thai passport!

NEVER show the other passport!

and enter the other foreign country with the Thai Passport with visa on!

once in the foreign country, feel free to show the foreign passport as an ID.

useless to show the Thai passport.

when or if re-entering the kingdom, enter it with the Thai passport, if not you would need a Thai visa on the foreigh one!

it has been the case for me and my little family for France, and it's valid for any other country.

we entered France through Swiss (Geneva), and they really look at both passports,

my wife and daughter's one.

showing the foreign passport could lead you to problems at the immigration check at the airport ...

same as entering any foreign country with only the foreign passport, especialy if your wife is travelling with you ...

and looking at this a bit closer, this only a bit of common sens :o

cheers

francois

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From my experience my wife and son who both have dual Thai/UK citizenship never ever use their British passports to travel to Thailand. They both have Right of Abode certificates in their Thai passports which allow them free access through immigration in the UK, they just go through with all other British/EU passport holders and do not queue in the 'All other passports' line it quick and easy. Their Thai passports were obtained through the embassy in London and have been renewed several times and they never have any problems entering Thailand.

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Hi all, great reading in this forum.

A little bit more on the dual citizenship/passport topic.  Question, what if my wifes Thai passport expired and a new one was issued overseas, and she presented it at Immigration on entering the Kingdom with no other markings. She also has dual citizenship and two passports.  I have been told that immigration look unfavourably on this situation and my friend was bombarded with many questions. Any answers to this scenerio.

This happened to me once. I have dual nationality (Thai/Australian) and my Thai passport expired while I was back in Australia.

Having got a new one, I returned to Thailand and turned up at Don Muang presenting the new unmarked one. Immigration weren't pleased with this. Luckily, I still had my old Thai passport which was 2 years expired and I showed him that, and he simply stamped me in on that old one.

I think the reason that they look down on using a new passport to re-enter the country mainly stems from administrative issues; the computer system can't handle it. It was explained to me by the immigration officer that when returning to Thailand, I should use the passport that I last exited the country on....no matter how old it was. Thus there is a "neat" entry and exit stamp trail from Thailand in the same passport.

This is possibly why your wife had problems

The new overseas issued passport, can be then be left to be used when you next leave Thailand.

sorry to go against all this, but due to recent experience, here are the facts:

Thailand DO NOT allow dual-citizenship!

Sorry to burst your bubble Francois, but Thailand doesn't forbid dual citizenship in the Thai Nationality Act 2535. It used to be prohibited prior to 2535 but the current law is the one you should look at.

I agree you should never tell any Thai officials that you have dual citizenship though, as many are still unaware of the major changes to the law back in 2535. The one MAJOR exception is the good immigration officers at BKK international airport who know and are aware that dual citizenship is not prohibited.

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This happened to me once. I have dual nationality (Thai/Australian) and my Thai passport expired while I was back in Australia.

Having got a new one, I returned to Thailand and turned up at Don Muang presenting the new unmarked one. Immigration weren't pleased with this. Luckily, I still had my old Thai passport which was 2 years expired and I showed him that, and he simply stamped me in on that old one.

I think the reason that they look down on using a new passport to re-enter the country mainly stems from administrative issues; the computer system can't handle it. It was explained to me by the immigration officer that when returning to Thailand, I should use the passport that I last exited the country on....no matter how old it was. Thus there is a "neat" entry and exit stamp trail from Thailand in the same passport.

This is possibly why your wife had problems

The new overseas issued passport, can be then be left to be used when you next leave Thailand.

sorry to go against all this, but due to recent experience, here are the facts:

Thailand DO NOT allow dual-citizenship!

Sorry to burst your bubble Francois, but Thailand doesn't forbid dual citizenship in the Thai Nationality Act 2535. It used to be prohibited prior to 2535 but the current law is the one you should look at.

I agree you should never tell any Thai officials that you have dual citizenship though, as many are still unaware of the major changes to the law back in 2535. The one MAJOR exception is the good immigration officers at BKK international airport who know and are aware that dual citizenship is not prohibited.

When a Thai exits Thailand they fill out a TM.6 and they return other side of that form upon next entry. As this form had a passport number/information on it if you have a new passport it will not match and likely would have caused bookkeeping problems.

So just as your keep an old passport if it has still valid visas in it so also keep old passport when a new one is issued during travel would probably be good advise.

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Good thread! My wife (Thai national/US citizen) will be trying to re-activate her Thai passport (long-expired) during her trip back next month. I plan to have her enter on the US passport, get the new Thai passport, and exit on the US passport. Sounds safe this time.

But next time she comes in I gather that using Thai passport to enter/leave Thailand and US passport to leave/enter US would work. However, I have some concern like lopburi3 and samran -- entering Thailand with a brand new Thai passport that does not have any markings would be real suspicious. Do you think showing the US passport at that time would convince them?

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Its not that it is "suspicious", it is more an problem of "balancing the books" so to speak, that way the immigration system is set up so that arrivals (TM 6) needs to have to same serial number as the departure form she left on. Thai bureacrats being Thai bureacrats hate doing anything that requires initiative or something different.

My best advice would be, if she has her old passport, when she gets to BKK, she hand over both her old and new Thai passport. The immigration officer will then decide which one to stamp.

If she doesn't have the old one, just hand over the new Thai passport. If immigration does say something, just tell the truth that her old one is expired and she has lost it (which my mother had to do once).

If the Thai embassy in DC has issued her with a new Thai passport, then she has the absolute right to enter Thailand as a Thai citizen. The immigration officer may get a bit flustered (god forbid they might have to think about something different) but ultimately, they will have to let her in.

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Good thread!  My wife (Thai national/US citizen) will be trying to re-activate her Thai passport (long-expired) during her trip back next month.  I plan to have her enter on the US passport, get the new Thai passport, and exit on the US passport.  Sounds safe this time.

But next time she comes in I gather that using Thai passport to enter/leave Thailand and US passport to leave/enter US would work.  However, I have some concern like lopburi3 and samran -- entering Thailand with a brand new Thai passport that does not have any markings would be real suspicious.  Do you think showing the US passport at that time would convince them?

While you may be short of time your wife has an option of renewing her Thai passport through the Thai embassy in D.C. (this takes about 6 weeks and has been discussed on this web site within the last months; the passport being long expired not a problem). The embassy sends the old passport back to Bangkok where they seemingly do a quick check to confirm Thai nationality, with the old passport sent back to your wife (via the Embassy/consulate) attached to the new passport (issued in Bangkok). On page 4 (endorsement) the Embassy/consulate stamps "The holder has previously travelled on passport Nr XX issued by XX on XX which has been cancelled and returned to the holder." Nothing suspicious.

A question may arise on your wife trying to get a new passport in Bangkok, presenting her old Thai passport which may show only an exit stamp, possibly a U.S. entry stamp, but no re-entry stamp back to Thailand.

Thai Immigration 3 has recently put out the below about passport use at Bangkok International.

"Thanks for your help but I need a little more clearification. Reference forum # 1277 and #0846, if I'm entering Thailand as a Thai national using Thai passport (do not require VISA) when I'm leaving Thailand to return to US, can I used Thai passport combine with US passport as an exit VISA (since I do not need US VISA and don't have one)?

Bubba (207.250.116.*) [ Friday 16 July 2004 เวลา 00:19 น

Pol.Lt.Col. Chaleamphol informed me that a Thai passport is required at the immigration checkpoint. A US passort is only required at the airline check-in counter.

Name Annop (203.154.208.*) [ Monday 19 July 2004 เวลา 10:32 น ] Comment No: 1

At the imigration check point, don't they required visa of the destination country and Thai passport for Thai national to travel? Or both of them only required at the air line counter and only Thai passport required at the immigration check point? If that is the case I do not have any more question. And again thank you so much for all your help.

Name Bubba (216.215.129.*) [ Tuesday 20 July 2004 เวลา 08:21 น ] Comment No: 2

The Thai immigration checkpoint does not required visa of destination country, only US passport is required at the time you are check-in at airline counter.

Name Annop (203.154.208.*) [ Tuesday 20 July 2004 เวลา 09:32 น ] Comment No: 3"

"You should not used US passport on the departure because you have not used US passport to enter Thailand (Immigration officer knows because no arrival stamp on the US passport and he/she can verify as well when has traveller been arrived Thailand). In order to avoid a trouble at the immigration checkpoint (Thailand site) which may cause you and other travellers delay on passport checking, you better use only one passport. If you would like to stay in Thailand up to one year (temporary stay), you better travel with US passport and apply for a proper visa from the nearest Thai consulate (Tourist visa (90 days stayed) Non-immigrant visa category "O" up to one year stayed). You can apply visa by mailed. For more info about visa : http://www.thaichicago.net/clate/visa.html

Name Annop (210.203.187.*) [ Sunday 18 July 2004 เวลา 00:39 น ] Comment No: 3"

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hi'

Sorry to burst your bubble Francois, but Thailand doesn't forbid dual citizenship in the Thai Nationality Act 2535. It used to be prohibited prior to 2535 but the current law is the one you should look at.

I agree you should never tell any Thai officials that you have dual citizenship though, as many are still unaware of the major changes to the law back in 2535. The one MAJOR exception is the good immigration officers at BKK international airport who know and are aware that dual citizenship is not prohibited.

you may be right ...

but, how many "good immigration officers" are working at the immigration in the airport?

most of them are just like the others :D

so, just be very carefull :D

I had this information from the French Ambassy in BKK not later than last june :D

are the ambassies aware of new Thai laws, or do they believe, like me that the application of Thai laws are a bit "loose" ...?

anyway, for the time being ... just hide the dual-citizenship :o

cheers

francois

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hi'
Sorry to burst your bubble Francois, but Thailand doesn't forbid dual citizenship in the Thai Nationality Act 2535. It used to be prohibited prior to 2535 but the current law is the one you should look at.

I agree you should never tell any Thai officials that you have dual citizenship though, as many are still unaware of the major changes to the law back in 2535. The one MAJOR exception is the good immigration officers at BKK international airport who know and are aware that dual citizenship is not prohibited.

you may be right ...

but, how many "good immigration officers" are working at the immigration in the airport?

most of them are just like the others :D

so, just be very carefull :D

I had this information from the French Ambassy in BKK not later than last june :D

are the ambassies aware of new Thai laws, or do they believe, like me that the application of Thai laws are a bit "loose" ...?

anyway, for the time being ... just hide the dual-citizenship :o

cheers

francois

Good suggestion, better to be safe but in general I have not been hassled yet.

Anyway, two months ago I was leaving Bangkok. I presented my Thai Passport at immigration. He took notice that I did not have one foreign entry stamp even though there were dozens of Thai entry and departure stamps.

He asked me whether I was carrying two passports. I told him yes and that was basically it. He smiled, handed back my passport, and wish me a pleasant trip.

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I had this information from the French Ambassy in BKK not later than last june :D

are the ambassies aware of new Thai laws, or do they believe, like me that the application of Thai laws are a bit "loose" ...?

anyway, for the time being ... just hide the dual-citizenship :D

cheers

francois

If you read the posts here on a regular basis you will find that the French Embassy is not the most reliable source of information if what they have reportedly told others about overstay is to be believed. :o

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hi'
Sorry to burst your bubble Francois, but Thailand doesn't forbid dual citizenship in the Thai Nationality Act 2535. It used to be prohibited prior to 2535 but the current law is the one you should look at.

I agree you should never tell any Thai officials that you have dual citizenship though, as many are still unaware of the major changes to the law back in 2535. The one MAJOR exception is the good immigration officers at BKK international airport who know and are aware that dual citizenship is not prohibited.

you may be right ...

but, how many "good immigration officers" are working at the immigration in the airport?

most of them are just like the others :D

so, just be very carefull :D

I had this information from the French Ambassy in BKK not later than last june :D

are the ambassies aware of new Thai laws, or do they believe, like me that the application of Thai laws are a bit "loose" ...?

anyway, for the time being ... just hide the dual-citizenship :o

cheers

francois

the law itself is actually quite clear and straightforward.

The problem is that no-one bothers actually to read it. I read it once (in Thai) and it was pretty clear to me at least.

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