Can I get a Thai id and passport?

[wandasloan]

Success does not come from nay sayers. The only to advance is to move forward.

As you have papers, you should apply at the Amphur nearest the birth location. If that fails, see a lawyer in Bangkok.

You took the words out of my fingertips. All you can get from TV is some general advice, including a couple of really excellent pointers. But it's only pointers. You never know FOR SURE until you find out for yourself, from the people who have the power to do it. My own guess is the OP will not get Thai nationality based on what he has posted here, but he definitely should consider the advice and documents he got here, then go and apply and see what happens.

.

[ubonjoe]

Place of birth doesn't matter here one parent has to be Thai

Not true. Under the Nationality Act of 2008, section 23, people born in Thailand before 1992 can acquire Thai citizenship. No need for a Thai parent. The OP doesn't state his age, so this may not be helpful.

Correct.

Section 23 of the nationality act does not cover that. It is for recovery of Thai nationality,

[samran]

Place of birth doesn't matter here one parent has to be Thai

Not true. Under the Nationality Act of 2008, section 23, people born in Thailand before 1992 can acquire Thai citizenship. No need for a Thai parent. The OP doesn't state his age, so this may not be helpful.

Correct.

Section 23 of the nationality act does not cover that. It is for recovery of Thai nationality,

Sort of. While revolutionary decree 223(I think it was) took away Thai nationally from people born on Thai soil without Thai parents or parents who were here legally (back then any extension of stay was effectively PR from my understanding) it also applied to anybody born between the decree in the early 1970s and the implementation of the 3rd version of the Thai nationality act in 1992.

A famous case is of a young American girl born to is missionaries who essentially grew up in Thailand - miss Fongchan if I remember her name correctly. But she was here as a legal foreigner on extensions born to parents here legally and who had a long association with Thailand.

So the law was designed for people like her and other stateless people who would have otherwise been granted Thai nationality had it not been for the revolutionary decree.

Now whether the OP falls under this category - his parents were refugees, and he has no ongoing link to Thailand following his leaving at 2 means probably isn't going to fall under this category.

Nevertheless I agree with the approach of giving it a go. The local ampur should have the detailed manual on this so it is a matter of finding out. I highly suspect the answer will be no - but you never know.

[Dsophabmixay83]

As a result that no one on this forum been in my shoes and said they tried and failed. I will attempt on doing so if it fails then so be it. If they accept me then there's my luck! I got nothing to lose and something to be gain in the end. It's not like I have a copy of birth certificate it's the original document born in a hospital here in Thailand. As of me being in Thailand for 3 years before I departed to USA I should have some credit of residency even though it's a refuge camp. 3 years in my head is an on going link to Thailand after being born.

[AyG]

Not true. Under the Nationality Act of 2008, section 23, people born in Thailand before 1992 can acquire Thai citizenship. No need for a Thai parent. The OP doesn't state his age, so this may not be helpful.

Correct.

Section 23 of the nationality act does not cover that. It is for recovery of Thai nationality,

Don't believe you're right in this case. The first paragraph of the relevant section of the act (in translation) reads:

A person of Thai nationality born within the Thai Kingdom, but

his nationality was revoked by Section 1 of the Declaration of Revolutionary Party

no.337 on the 13th of December, B.E. 2535 and a person who was born within the

Thai Kingdom, but did not acquire Thai nationality by Section 2 of the Declaration of

Revolutionary Party no.337 on the 13th of December, B.E. 2535, including children

of the persons who were born within the Thai Kingdom before this act comes into

force and did not acquire Thai nationality under Section 7 bis paragraph one of the

Nationality Act B.E. 2508 as amended by the Act B.E. 2535 no.2 shall acquire Thai

nationality from the day this Act coming into force if the person has evidence on civil

registration proving the domicile within the Thai Kingdom for a consecutive period

till the present and having good behaviour, or having done acts to the benefits of

official service. The persons already acquired Thai nationality with the discretion of

the Minister before this Act comes into force are exempt.

In other words, it's quite explicit that it's both for the recovery of Thai nationality and for people who never had Thai nationality but were born here.

Doesn't help the OP, though.

[AyG]

Just to add, I believe Fongchan Suksaneh became the first non-Thai to acquire citizenship under the 2008 act. She was born here, the daughter of foreign missionaries. No recovery of Thai nationality in this case.

[Morakot]

Well thanks everybody for the legal advice. I'm sure posting something illegal on this forum would be improper

Yes people often give good advise here.

But you should not treat this as legal advice; you need to seek counsel for a formal opinion regarding the substance or procedure of the law.

[ubonjoe]

This is section 23 of the most recent nationality act that I posted earlier.. Thailand Nationality Act 2508 (1965) amended until 2555 - English - refworld (1).pdf

Section 23.

A man or woman of Thai nationality who has renounced Thai nationality in case of marriage to an alien under Section 13 may, if the marriage has been dissolved by whatsoever reason, apply for recovery of Thai nationality. In applying for recovery of Thai nationality, a declaration of intention shall be made before the competent official according to the form and in the manner prescribed in the Ministerial Regulations.

[samran]

This is section 23 of the most recent nationality act that I posted earlier.. Thailand Nationality Act 2508 (1965) amended until 2555 - English - refworld (1).pdf

Section 23. (25

A man or woman of Thai nationality who has renounced Thai nationality in case of marriage to an alien under Section 13 may, if the marriage has been dissolved by whatsoever reason, apply for recovery of Thai nationality. In applying for recovery of Thai nationality, a declaration of intention shall be made before the competent official according to the form and in the manner prescribed in the Ministerial Regulations.

here is a good blog on the matter:

http://statelessprog.blogspot.com/2013/03/reflections-on-thailand-3-is-time-ripe.html

the important bit being:

The new provision of the 2008 Nationality Act determined that anyone whose nationality was revoked by the 1972 Declaration or who failed to acquire nationality while this Declaration was in force (1972-1992) can acquire Thai nationality (section 23). To benefit, applicants must have evidence of their birth and subsequent domicile in Thailand and demonstrate good behaviour. Those whose parents had their nationality revoked or were unable to acquire nationality due to the 1972 Declaration are also eligible for Thai nationality. In short, it would now appear that anyone born in Thailand before 1992 – or with a parent who was born in Thailand before 1992 – and still residing there, should now have a pathway to citizenship.

[sydneyboy]

Dsop,, ?

I would find a good immigration lawyer here in Thailand. Asking the TV (lawyers) will be a complete waste of time.

Any and all comments from the nay-sayers on here will only do you irreparable damage to your thinking.

Hoping you can find a suitable solution to your question.

[Dsophabmixay83]

Yes Sydneyboy I'm going out to find a real source and attempt to find out my way. As no one on this forum never been in my situation to give 100% proof that they have been denied. I'm here just to see if there is someone like me but there isn't. Also just want to see the advice or information giving online here in the forum. Thanks everyone on your input about laws and telling me I'm enligible for Thai nationality but I will go out and find out to be decline on my own. It won't be a waste of time for me. Like I said I have something to gain and nothing to lose. Who wants to be reporting to immigration every three months or doing visa runs when maybe I can be Thai nationality if I haven't gone out and see myself

[nithisa78]

It is understandable your wishes. However, don't allow the need to do the ninety day report or anything else stand in your way. Things change and people change. If you're not clear on what to do or how to do it. You can directly appeal to Thai government or consult with lawyer. Chok Di. The tourist police are well informed and always helpful.

[samran]

Dsop,, ?

I would find a good immigration lawyer here in Thailand. Asking the TV (lawyers) will be a complete waste of time.

Any and all comments from the nay-sayers on here will only do you irreparable damage to your thinking.

Hoping you can find a suitable solution to your question.

...except many of us have gone through the process of getting Thai nationality for others. In my case, my wife. Plenty of friends who have, or who are getting Thai nationality for themselves. Same law. Different clause. Similar bureacracy.

So we aren't speaking out of our <deleted> here.

I'll wish this guy all the best. I think he'll struggle though, not to say he shouldn't try.

One thing I'll disagree with you is that there is such a thing as a 'good immigration lawyer' in Thailand. If there is one, I've yet to find one. Most of the enquiries can be done by yourself.

Edited April 30, 2014 by samran

[samran]

Just to add, I believe Fongchan Suksaneh became the first non-Thai to acquire citizenship under the 2008 act. She was born here, the daughter of foreign missionaries. No recovery of Thai nationality in this case.

Indeed, the OP should google ฟองจันทร์ สุขเสน่ห์ ได้สัญชาติไทยแล้ว to get an idea of what this girl went through. You'll come across a video of her story.

[rotary]

And why do you want ?

Do you want to live here or only for collection ?

I'm curious don't insult you at all.

BR

loles

Income tax could be one reason

[AjarnMartin]

Thanks everyone for the information it has been helpful as this is an expat forum.

Hi There!

Just a thought, but if it is easy for you to get a Laos Passport by virtue of your parental link, then with the impending AEC which will allow freedom of movement within the pact countries, you would be able to live in Thailand with no problem. I am, however, unsure as to the future requirements for the citizens of the area regarding visas. You'll have to refer to the AEC documents to gain this information.

Bad info. I hope you aren't a real teacher.

Sorry, just trying to suggest that the OP looks at the AEC regulations. I was wrong, of course, in suggesting that there will be freedom of movement. Didn't think my post merited quite such vitriol, though - and yes, I am a teacher of English with a Masters Degree from a UK university.