Dual Nationality -

[kirstymelb101]

Hello everyone

I'm writing in regards to my nationally. I was born in Thailand. Both my parents are Thai nationals, but they split years ago and my mother re-marriage an Australian man. I was 1yr old when I migrated to Australia (I'm now 24 years old). It wasn't until 2010 when I decided to come back to the kingdom. I entered Thailand on a tourist Visa using my Aussie Passport. During that time i went back to the place of my birth register, showed all the legal documents necessary and was issued a Thai I.D card. Shortly afterwards I went to Thai immigration and also obtained my Thai Passport. thus, legally making me a Thai Citizen

My question: Is there a law which states I have to choose between either my Aus/Thai nationality?

[David48]

I have to be honest ... I just dropped by your thread to have a closer look at your photo.

Nature was indeed kind to you ... presuming that's you in the Avatar ... but I digress.

There is a wealth of knowledge and knowledgeable people here who will help you.

If. however, you don't get the answer you seek ... send a Private Message (PM) to a member here samran.

Good bloke, used to be of the chiefs on the Forum here. From memory, he was born in Thailand and lives in Australia now.

.

[Mario2008]

There is no law that states you have to choose between your two nationalities. You can hold both nationalities without any problem.

Moved to Thai visa section.

[lopburi3]

You have always been a Thai citizen - and now you have an ID card/home register entry/passport. If you have not done so you should exit on your foreign passport and return using your Thai passport to be treated as fully Thai here. If immigration does not want to allow entry (because you do not have the normal exit card on Thai passport just ask for supervisor and it should be cleared - they must allow your entry as Thai if you are Thai.

[ubonjoe]

The confusion comes from a clause in the nationality act that states that at the age of 20 of a person can choose which nationality they want. Which only means that before 20 you could not choose because your parents had the right to choose for you. It does not mean you to have cancel either nationality.

Edited March 7, 2013 by ubonjoe

[scorecard]

There is no law that states you have to choose between your two nationalities. You can hold both nationalities without any problem.

Mario is an expert on these subjects and you can always rely on his comments.

Many years ago (before I found ThaiVisa.com) I investigated this for my Thai born son (my adopted son) and I discovered exactly what Mario has shared.

Moved to Thai visa section.

[kirstymelb101]

You have always been a Thai citizen - and now you have an ID card/home register entry/passport. If you have not done so you should exit on your foreign passport and return using your Thai passport to be treated as fully Thai here. If immigration does not want to allow entry (because you do not have the normal exit card on Thai passport just ask for supervisor and it should be cleared - they must allow your entry as Thai if you are Thai.

Well, I was told by the immigration officer at the time it wasn't necessary to leave and re-enter on my Thai passport because technically I can't over stay my tourist Visa if I'm already a Thai national. I even called and asked 'Siam-Legal' to confirm if this claim is true, and they did in fact clarify and confirm it was correct. So I just took their word for it.

Edited March 7, 2013 by kirstymelb101

[lopburi3]

Actually you can will be on overstay AFAIK but you have an option to extend your stay on a yearly basis easily as immigration will provide one year extensions of stay with proof of your nationality. The fact is you have entered as a foreign national and until that entry is cleared you are subject to such rules in my understanding and from what has been reported on this forum over the last 10 years..

[kirstymelb101]

I actually never left and re-entered on my Thai passport. And my tourist Visa is long expired. I hope I don't get trouble. What will happen if I cross and re-enter on my Thai pp this late in time? Will I get in trouble? Will I have to pay a hefty fine? I'm very worried now. ahhhhh!

Edited March 7, 2013 by kirstymelb101

[lopburi3]

The fine is 500 baht per day from expiration of your permitted to stay date up to max of 20,000 baht. I suspect if you try to exit using your Thai passport the computer will flag you as overstay on your foreign passport entry if same name/dob - have seen reports that computers do have that information. If you are able to exit on Thai passport suspect return entry would not be a problem.

[kirstymelb101]

The fine is 500 baht per day from expiration of your permitted to stay date up to max of 20,000 baht. I suspect if you try to exit using your Thai passport the computer will flag you as overstay on your foreign passport entry if same name/dob - have seen reports that computers do have that information. If you are able to exit on Thai passport suspect return entry would not be a problem.

No! I have two completely different names on both my - Thai/Aus passport. What will happen if I exit Thailand on my Thai-PP and enter Australia on my Aus-PP? When authorities at the airport check and see that I have overstayed my tourist Visa, could I simply tell them my story and not get in trouble?

Edited March 7, 2013 by kirstymelb101

[lopburi3]

I doubt Oz would be concerned about it. But the pond is getting smaller each year and computers are linking passports/people and even photos/fingerprints these days so no guarantee. But you could show exit of Thailand on Thai passport for any questions in Oz about how you get there.

[kirstymelb101]

Will this work if I, let's say, Cross the boarder at Laos and enter/exit at the checkpoint using my Thai-PP? Or do I have to actually exit on my Aus-PP and re-enter using my Thai one? Sorry if this question seems stupid..

Edited March 7, 2013 by kirstymelb101

[lopburi3]

You will find out if your passports are linked either way. To get legal you would have to exit on Oz passport, paying overstay, and return on Thai passport but that is normally not allowed at a land crossing (they check for exit stamps).

[Charz]

You may want to go to the immigration office to inform them of your overstayed Oz tourist visa with Thai nationality. They should be able to sort this out for you. Going through Laos or Myanmar border is also an option and usually overstayed fines can be drastically reduced through negotiations with the immigration officer. A friend of mine recently paid 10,000baht for a 3.5 years overstay. You'll need to exit with your Oz passport and re-enter with your Thai passport.

[Mario2008]

I can't see how it is possible to negotiate the fee. The overstay is logged and the fine is known. An officer giving a lesser fine would probably be questioned by his superiors.

[submaniac]

I have dual passports and citizenship also. Immigration requires that if you enter on another country's passport that you leave on that passport so they can clear their system that you left.

I was in Thailand and had exceeded the time period for tourist entry on arrival. I entered on a us passport. When I left at swampy airport I tried using my Thai passport. My Thai passport had no stamps in it at all. When I tried to exit I tried to use the Thai passport to exit (to avoid paying overstay fine by using the us passport). They asked if I came in on another pp and I admitted I had. Then they told me I had to leave on the us passport and could not exit on the Thai.

They stamped the us passport and was allowed to leave. Now I had significantly overstayed on the us passport. They never asked me to pay the overstay fine.

I have not been able to use my Thai passport. It was an embassy issued passport (in USA). Every time I tried to enter, immigration would not stamp cuz they said I need to have an exit stamp first. But when I tried to leave so I had an exit stamp they made me use my us passport. So without an exit stamp from Thailand I cannot enter on a Thai pp, and I was not allowed to exit on a Thai passport because I entered on a us passport. It's a catch 22. So long as they don't fine me on a us passport overstay I'm cool with it.

[ubonjoe]

Immigration has been giving you the run around when you arrive. Next time ask to speak to a supervisor or use the automated line. There is no requirement you have an exit stamp in passport. What about all the other Thai's living abroad that get new passports at an embassy or consulate and enter on them.

[scorecard]

I actually never left and re-entered on my Thai passport. And my tourist Visa is long expired. I hope I don't get trouble. What will happen if I cross and re-enter on my Thai pp this late in time? Will I get in trouble? Will I have to pay a hefty fine? I'm very worried now. ahhhhh!

ahhhhh! The younger generations, no respect for the law but expect the law to take care of them when in trouble.

[phuketrichard]

my friends son is exact same situation except he was born in Thailand to a thai mother.Aust dad but moved to Aus when he was 1 and came back on his aust pp an went thru the whole deal to get id card.passport at 21 years old.

he then left on his Aust pp an came back on his thai.

They will catch YOU>

My advice go to immigration and explain u did not know the rules , U will still have to pay but....

Bear in mind u are NOW eligible to be called up for the Thai draft an u might have to serve.

Have heard u can buy ur way out by going to where ur name is on the taam bien baan

I have not been able to use my Thai passport. It was an embassy issued passport (in USA)

This makes no sense. MY daughter holds us/thai passports. her last thai passport ( new one not extended) was issued out of the Thai embassy in dc. When she came back to Thailand she showed her thai passport a they let er in, no problems

When they asked u did u tell them/show them ur us passport??

Edited March 9, 2013 by phuketrichard

[SeaVisionBurma]

As per several posts above - you should exit Thailand using the passport you entered with - ie your Australian passport. You have some extenuating circumstances as to why you have overstayed, although I can't comment on that particular part of your query regarding how Thai Immigration will handle this instance for you.

I have two completely different names on both my - Thai/Aus passport. What will happen if I exit Thailand on my Thai-PP and enter Australia on my Aus-PP?

There will be no problem entering Australia again using your Australian passport whether you used it to exit Thailand or not - however you should exit Thailand using your Australian passport as it will obviously clear your initial entry into Thailand as per comments above.

I hold 3 valid concurrent passports - the golden rule with multiple passports is that you enter and then exit each country with the same passport (not the other way round). Before arriving at then next country, you can then decide whether to switch passports or not, and start a new entry/exit cycle on a different passport if this suits your requirements.

eg I arrived into Thailand using passport A. I want to go back to Australia for a holiday. I leave Thailand by stamping out with the same passport I arrived with - Passport A. Now I have 2 different passports with me on the flight between Thailand and Australia.

When I land in Australia - I enter using my Australian passport (Passport , and leave Australia stamping out with the same Australian Passport B.

The trick for you in your case is it is only going to be an issue this time when you leave. The next time you come back - you enter on your Thai passport and start over.

[submaniac]

Well, I was told by the immigration officer at the time it wasn't necessary to leave and re-enter on my Thai passport because technically I can't over stay my tourist Visa if I'm already a Thai national. I even called and asked 'Siam-Legal' to confirm if this claim is true, and they did in fact clarify and confirm it was correct. So I just took their word for it.

That was my experience as well. Like I said, I significantly overstayed on the US passport. Like 2 months beyond the visa on arrival. I showed them the Thai passport, and they did not charge me an overstay. You asked an immigration officer and they said that you can't overstay if you're a Thai national. You asked Siam Legal, they said the same thing. If you ask me, I can say that I went through the exact scenario and they did not charge me for an overstay once I showed them my Thai passport.

I actually never left and re-entered on my Thai passport. And my tourist Visa is long expired. I hope I don't get trouble. What will happen if I cross and re-enter on my Thai pp this late in time? Will I get in trouble? Will I have to pay a hefty fine? I'm very worried now. ahhhhh!

See above. I would not worry. It happened to me. No overstay charge.

I have not been able to use my Thai passport. It was an embassy issued passport (in USA)

This makes no sense. MY daughter holds us/thai passports. her last thai passport ( new one not extended) was issued out of the Thai embassy in dc. When she came back to Thailand she showed her thai passport a they let er in, no problems

When they asked u did u tell them/show them ur us passport??

Well, I showed to the lady that sat at the counter. She said I could not enter on Thai passport. She then called someone else over (might have been a supervisor) who said that Thailand has a law that you have to choose nationality at age 20, and I could not have both passports and had to choose. It was a long flight from the U.S., and I was extremely tired so I just came in on my US passport to avoid dealing with them.

[phuketrichard]

couple of sites that disagree with you statement above about holding dual citizenship.

http://www.phuketgazette.net/archives/issuesanswers/2012/article1350.html

Plus a thread on that from thai visa;

http://www.thaivisa.com/forum/topic/513626-all-dual-nationality-children-will-lose-thai-nationality/

Read Samran's report ( about half way down) as he holds both thai and Australian.

Posted 2011-11-20 17:04:06

[kirstymelb101]

I actually never left and re-entered on my Thai passport. And my tourist Visa is long expired. I hope I don't get trouble. What will happen if I cross and re-enter on my Thai pp this late in time? Will I get in trouble? Will I have to pay a hefty fine? I'm very worried now. ahhhhh!

ahhhhh! The younger generations, no respect for the law but expect the law to take care of them when in trouble.

Please don't be so quick to judge, until you get all your facts right. I asked the immigration officer on duty the day I received my Thai passport whether or not it was necessary to exit and re-enter using my Thai pp. He said it was not because I'm now a Thai citizen and overstay on my tourist Visa should not be an issue. And if ever the authorities ask, just inform them about my situation. I even called 'Siam-Legal' to confirm if this claim is true, and they did in fact clarify and confirm it was correct.

Edited March 9, 2013 by kirstymelb101

[kirstymelb101]

Thank you everyone for the support, advice & knowledge I have gained from this forum. It has been much appreciated

[lopburi3]

You do not obtain a passport from an immigration officer. Passports are issued by MFA which is an entirely different organization. Immigration is a police service - MFA is a diplomatic service.

[yannic]

Thai citizen who for example migrate to OZ and after several years become AUS citizen with children those children have to decide with the age of 20.

If born to Thai and AUS parents those kids will keep dual citizenship a lifetime.

So aquiring Thai citizenship after the age of 20 will automatically invalid your AUS citizenship, if both your parents were originally Thai.

In my opinion it does not make a difference that your mom remarried an AUS citizen, only if he adopted you.

Edited March 9, 2013 by yannic

[Maestro]

Yannic, the OP, kirstymelb, acquired Thai nationality, ie Thai citizenship, at birth. Therefore, your example does not apply to her, does it?

[yannic]

she aquired thai at birth then migrated to aus then got after I dont know how many years aus citizenship with 20 she should decide, she did keep aus citizenship so does not have thai anymore. With aquiring thai again she invalids her aus citizenship.

Only if she would be the daughter of the Aus and Thai at birth then she would keep it a lifetime.

Edited March 9, 2013 by yannic

[yannic]

there are countries which do not let their citizen get out of the citizenship, only if AUS is such a country then they can be dual citizen. Not 100% sure if that is the case.

In Europe there are many Tuerks who live in Germany for example many get German citizenship and give up Turk citizenship after many years often they go back to Turkey on holiday and get a Turk passport again. Legally they give up there German citizenship and if it comes out it will have those consequences losing the German citizenship.

Edited March 9, 2013 by yannic