Thai Nationality For A British Child Born In Thailand - Possible?

[LucidLucifer]

This subject came up in conversation between my wife and I and a friend. Both parents of the child are British and are working and in Thailand, their daughter has British nationality, but was born in Thailand, and therefore has a Thai birth certificate.

My wife seemed to think (but wasn't 100% certain) that the daughter would therefore be eligible for Thai nationality.

Does anyone have experience or knowledge of this?

Thanks,

'LL'

[ThaidDown]

I believe that if one of the parents holds PR status then the child can be registered as Thai, otherwise if neither parent is Thai, then the baby is not entitled to Thai citizenship even if born in Thailand.

Obviously if one parent is Thai then the baby is Thai.

Ref the comment about PR status, believe this to be true but not 100%.

[Mario2008]

Per above answer.

One does not acquire Thai nationality simply by being born in Thailand.

[LucidLucifer]

Both parents are 100% British, they are expats working here.

Your replies are pretty much as I thought.

Thanks.

[AyG]

To quote chapter & verse (from the Thai Nationality Act)

Section 7. bis. A person born within the Thai Kingdom of alien parents does not acquire Thai nationality if at the time of his birth, his lawful father or his father who did not marry his mother, or his mother was:

(1) the person having been given leniency for temporary residence in Kingdom as a special case;

(2) the person having been permitted to stay temporarily in the Kingdom;

(3) the person having entered and resided in the Thai Kingdom without permission under the law on immigration.

My interpretation of this is that both parents would need to have PR for the child to acquire Thai nationality.

[Mario2008]

That is how I would interpret that too.

[ThaidDown]

Yes seems both need PR as if not one would fail section 7. I stand corrected from my original 'if one parent etc. ..'

Tks for info.

[skills32]

Per above answer.

One does not acquire Thai nationality simply by being born in Thailand.

My daughter did in New Guinea; and that caused big problems when applying for an Oz passport.

My wife (at the time) and I both thought she would automatically be an Oz citizen.

[Mario2008]

Per above answer.

One does not acquire Thai nationality simply by being born in Thailand.

My daughter did in New Guinea; and that caused big problems when applying for an Oz passport.

My wife (at the time) and I both thought she would automatically be an Oz citizen.

She acquired the nationality of New Guniea?

Different countries have different nationality laws. In some countries you do get their nationality by simply being born there.

[samran]

Skills, as you probably eventually found out, OZ citizenship is not automatically passed on, but can be once the child is registered as a 'citizen by decent'. Once done, the passport is possible.

[hgma]

Good question

In NK rumors circulating about some sort of Thai ID card issued when child is born INside Thailand and consequtive stay of 10 years in a row.

I would like to know if UNHCR registerd refugees, repatriated to Laos can obtain Thai passports for their children born in Thailand

I like facts not fiction.

Per above answer.

One does not acquire Thai nationality simply by being born in Thailand.

[samran]

Good question

In NK rumors circulating about some sort of Thai ID card issued when child is born INside Thailand and consequtive stay of 10 years in a row.

I would like to know if UNHCR registerd refugees, repatriated to Laos can obtain Thai passports for their children born in Thailand

I like facts not fiction.

Per above answer.

One does not acquire Thai nationality simply by being born in Thailand.

Revisions to the Thai nationality act in 2008 broadened the scope to allow aquisition of Thai nationality born in Thailand to foreign parents between 1971 and 1992. Prior to 1971 nationality was given autmatically to most people born on Thai soil. That was halted with a revolutionary decree in the early 1970's, but also took away the Thai citizenship of some of those who were born to foreign parents (mainly the children of Vietnam war refugees) - leaving in limbo those who were born here to foriegn parents, but grew up in Thailand.

Changes to the Act in 2008 bought this group of people back into the fold so to speak. Rather than applying for nationality, people born in Thai soil between 1971 and 1992 to foreign parents who can prove an enduring and ongoing link to Thailand can now head to the Ampur and apply for an ID card.

There was a story in the Thai news about a girl born to American missionary parents but who essentially grew up in Thailand. After some resistance and confusion from the authorities she was able to register here in BKK a couple of years back.

Suspect this is what you've heard - and it may well be that authorities in your area are familiar with this rule now which from my reading would be equally applicable to those born of Vietnamese or Lao parents - of which I'd think would be a fair few in your neck of the woods.

Edited November 24, 2012 by samran

[samran]

just an addition:the story to which I was refering in my previous post.

http://en.wikipedia.org/wiki/Fongchan_Suksaneh

[Arkady]

To quote chapter & verse (from the Thai Nationality Act)

Section 7. bis. A person born within the Thai Kingdom of alien parents does not acquire Thai nationality if at the time of his birth, his lawful father or his father who did not marry his mother, or his mother was:

(1) the person having been given leniency for temporary residence in Kingdom as a special case;

(2) the person having been permitted to stay temporarily in the Kingdom;

(3) the person having entered and resided in the Thai Kingdom without permission under the law on immigration.

My interpretation of this is that both parents would need to have PR for the child to acquire Thai nationality.

Absolutely correct. Both foreign parents must be permanent residents. Section 7 bis was added via a revolutionary decree in Dec 1971 and, unusually for Thailand, had retroactive effect, resulting in thousands being stripped of their Thai nationality and becoming stateless. Prior to that anyone born within the Kingdom was Thai, even if both parents were illegal immigrants. As Samran has said, the 2008 Nationality Act Section 23 attempted to redress some of the injustices caused by the revolutionary decree which nevertheless still stands.

If at least one of the child's parents is British otherwise than by descent, he or she will at least be British by descent but the next generation will only be automatically British, if born in the UK. If the child has the misfortune to have two parents who are both British by descent, he or she will be born stateless but can be registered for British citizenship in exchange for a fat fee before the age of 18, provided that either parent has lived in the UK for at least 3 years. If not, it is up to the Home Secretary's discretion, depending on whether the child's future is likely to be in the UK or not.

Edited November 25, 2012 by Arkady

[KhunMichael]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

[TommoPhysicist]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

You can own land?

[h5kaf]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

You can own land?

But not until you are 18. My daughter was born in Phuket, her mother is Thai so therefore she is Thai also. She has a UK birth certificate and passport and currently resides and is at school in the UK. After 15 years in Thailand, I might have been persuaded to stay in Thailand and invested etc. if she could have owned the land on which I would build the family home, thus giving me total security and herself an inheritance.

When travelling abroad the UK passport is far more valuable than a Thai passport.

[TommoPhysicist]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

You can own land?

But not until you are 18.

Wrong.

You can own land outright at age 0 in Thailand. (no mortgage or debt), but can't sell it until age 20.

One of the parents (Thai or foreigner decided mutually by both parents on purchase) gets to manage the property until then. Anyone who tells you different is not to be trusted.

(But a Thai wife national might have a word with the land office chap to make it impossible for you to do)

Edited November 25, 2012 by TommoPhysicist

[Mario2008]

As said, a Thai national can own land regardless of age.

Land owned by a minor is under the protection of the courts. The parent(s) can't sell any land belonging to a minor without prior approval of the court, which is not easy to get.

[oops]

All I can say is my friends live in Sattahip They had their baby at Queen Sirikit Hospital...don't know if I spelled it right, but when her child was born they refused to give him a birth certificate from

Thailand. She had to go to an Attorney which I believe she said in 2 years with a court battle they would be able to get a birth certificate

Her and her husband are from another country. From my understanding it's like anything else in Thailand they want from us but have a hard time being reasonable to us. I know in America, if your

born there, your an American. This was what she told me. so it isn't fact, it's hearsay, but I believe her.

[oops]

just an addition:the story to which I was refering in my previous post.

http://en.wikipedia....ngchan_Suksaneh

This is what I am talking about.. You have my praise and hopes, there will be more of this...I hope I am alive to see the change.

[Arkady]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

Illiterate drivel.

[Arkady]

All I can say is my friends live in Sattahip They had their baby at Queen Sirikit Hospital...don't know if I spelled it right, but when her child was born they refused to give him a birth certificate from

Thailand. She had to go to an Attorney which I believe she said in 2 years with a court battle they would be able to get a birth certificate

Her and her husband are from another country. From my understanding it's like anything else in Thailand they want from us but have a hard time being reasonable to us. I know in America, if your

born there, your an American. This was what she told me. so it isn't fact, it's hearsay, but I believe her.

Every child born in Thailand is entitled to a birth certificate by law.

[lopburi3]

This is not the USA and citizenship just by being born inside Thailand is not granted as it is in the USA (and Malaysia locally).

[Rafale]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

You can own land?

In my case, live legally in the country I have loved and lived in since I was a kid, some thirty years ago.

So it might be a "third world country citizenship" to you but believe me, I would gladly exchange my Swiss passport for a Thai!

[samran]

Academic bla bla..... What for should it be useful to have a third world country citizenship???

Go back and swim in the shallow end of the intellectual pool then. And on your way back there, learn how to string a sentence together.

[samran]

All I can say is my friends live in Sattahip They had their baby at Queen Sirikit Hospital...don't know if I spelled it right, but when her child was born they refused to give him a birth certificate from

Thailand. She had to go to an Attorney which I believe she said in 2 years with a court battle they would be able to get a birth certificate

Her and her husband are from another country. From my understanding it's like anything else in Thailand they want from us but have a hard time being reasonable to us. I know in America, if your

born there, your an American. This was what she told me. so it isn't fact, it's hearsay, but I believe her.

Hospitals don't issue birth certificates - the local municipality does. Suspect this is where the confusion lies. But if the local municipality refused to issue a BC, then they are clearly in the wrong.

[mogoso]

All I can say is my friends live in Sattahip They had their baby at Queen Sirikit Hospital...don't know if I spelled it right, but when her child was born they refused to give him a birth certificate from

Thailand. She had to go to an Attorney which I believe she said in 2 years with a court battle they would be able to get a birth certificate

Her and her husband are from another country. From my understanding it's like anything else in Thailand they want from us but have a hard time being reasonable to us. I know in America, if your

born there, your an American. This was what she told me. so it isn't fact, it's hearsay, but I believe her.

It's true if your born in the US your automatically a US citizen. Pregnant women cross the border on day passes and have their babies in the US. It ballows them to stay in the US. They are called anchor babies for this. US Gov't isn't very bright

Edited November 25, 2012 by mogoso