Child on overstay despite having Thai passport?

[paz]

So you belive Thai people can't use their own passport. And that the immigration is looking for UK visas to stop them...555

I do not believe that Thai can't use their passport, as anyone that has read my posting would easily understand.

Then if you want to believe that Immigration officer do not look at stamps in passports, that is fine with me.

[Richard W]

A Thai passport with a Thai exit stamp more than 3 days old and no country's entry stamp is pretty good evidence that the holder has another passport. On the other hand, a blank passport reveals nothing.

However, one poster has been told (by an immigration officer) that Immigration already know which passport one checked in with.

[khunerik]

Yes, both times we've taken them to Thailand and attempted to enter using their Thai passports. The las time they even refused to allow my Thai wife to enter on her Thai passport, I wasn't happy to put it mildly but I knew it was something my wife had to take care of and not me.

You are saying the Thai Immigration are refusing Thai people to use their Thai passport

Yes sure....then your wife can never go back and live in Thailand how would they even know that she have another passport ?

I have a few friends with thai wifes that have two passports. They never have any problems when they arrive here once or twice every year.

Yes that is exactly what I am saying.

So why can thousends of other people with two passport enter Thailand with both their Thai and the other passport ? But your wife and your son can't do it !!

[Brigante7]

Yes, both times we've taken them to Thailand and attempted to enter using their Thai passports. The las time they even refused to allow my Thai wife to enter on her Thai passport, I wasn't happy to put it mildly but I knew it was something my wife had to take care of and not me.

You are saying the Thai Immigration are refusing Thai people to use their Thai passport

Yes sure....then your wife can never go back and live in Thailand how would they even know that she have another passport ?

I have a few friends with thai wifes that have two passports. They never have any problems when they arrive here once or twice every year.

Yes that is exactly what I am saying.

So why can thousends of other people with two passport enter Thailand with both their Thai and the other passport ? But your wife and your son can't do it !!

That's exactly what I was trying to find out but I had to walk away as I was losing my temper and so I left my wife to deal with it but they refused point-blank to allow them to enter on their Thai passports.

[Brigante7]

We're going back in December and I'm buggered if I know what to do.

[paz]

We're going back in December and I'm buggered if I know what to do.

Just have them use the automatic gates as indicated above.

[Brigante7]

We're going back in December and I'm buggered if I know what to do.

Just have them use the automatic gates as indicated above.

That's what I told my wife but she's scared incase she gets stopped.

[paz]

That's what I told my wife but she's scared incase she gets stopped.

She doesn't have to be scared, she's in the right. Maybe someone can link a page that explains her rights in Thai.

[nzexpat]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Sorry my 1st post was not clear.

The lady was born in Thailand and adopted by Italian Parents in 1980 and lived in Italy all of her life. She returned after 30 something years and wanted to claim her Thai nationality back. That is what I helped her to do!

Hope that clarifies things for you NZEXpat?

No the first post was not "clear"

It is always is helpful if posts are checked for "clarity " before they are actually posted.

I am pleased you were able to assist this lady who presumably speaks fluent Thai !

[Badbanker]

No the first post was not "clear"

It is always is helpful if posts are checked for "clarity " before they are actually posted.

I am pleased you were able to assist this lady who presumably speaks fluent Thai !

Again I am sorry for my lack of clarity. IT was a long and complex case with finding the original 30 + year old documents and pictures of her as a baby. She only had one name and her parents have dissappeared before she was sent to a government agency for adoption. She left Thailand at the age of 3 and was cared for very well but still felt her Thai roots calling.

No, unfortunately she only speaks a little English and Fluent Italian. She has been studying Thai for 3 months now and is making progress.

The point I was making is that Phuket Immigration only wanted to charge her and her children 60k for no reason. But after flying to Bangkok with her children she was not charged and left for KL with out any fines.

Again beware of Phuket Immigration!

[NanLaew]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Sorry my 1st post was not clear.

The lady was born in Thailand and adopted by Italian Parents in 1980 and lived in Italy all of her life. She returned after 30 something years and wanted to claim her Thai nationality back. That is what I helped her to do!

Hope that clarifies things for you NZEXpat?

No the first post was not "clear"

It is always is helpful if posts are checked for "clarity " before they are actually posted.

I am pleased you were able to assist this lady who presumably speaks fluent Thai !

Any perceived lack of clarity is entirely yours. You even misread the details about the costs saved by NOT departing from Phuket completely. When the good member posts an apology along with a crystal clear explanation solely for your edification, your only response is to snipe and STILL make ridiculously wrong assumptions regarding the lady's nationality.

[elviajero]

Nationality can be "obtained because of marriage" two ways. 1. Automatically. 2. Applied for.

In the past Thai wives were automatically given British nationality upon marriage. Now they have to apply for it like everyone else. I'm sure some countries still give the wife nationality upon marriage. It would make sense that Thailand recognises the difference. e.g. 1. You were given British nationality so don't worry you can stay a Thai too; 2. You chose to take British nationality so, thanks for the memories, you're no longer a Thai.

I think Section 13 is referring to Thai wives that "acquire" nationality from her husbands country upon marriage, and I think Section 22 covers wives, and others, that apply for nationality through choice.

But as you say it's not being enforced so we will probably never know.

Your reading has merit, that is, voluntarily acquiring citizenship by marriage is merely a case of naturalization, which is different from automatic acquisition "jus matrimonii". On the other hand it could be objected that the Act does not make make the distinction clear, and that marriage (where present) is the predominant factor and motivation in acquiring a foreign nationality anyway, hence making all cases falling under sec 13.

Good that this stuff doesn't appear to be debated nor enforced, but the fact that sec 22 still survives after 50 years of amendments should remind that this is no light matter for Thailand to take an explicit further step in a liberalizing direction.

I agree that the Act does not make the distinction clear, but I'm convinced that Section 13 singles out wives that don't have a choice about their second nationality.

One question leading to my conclusion is; why would wives taking a nationality through choice be allowed to keep dual nationality when dual nationals by birth have to choose at age 20. In my opinion birth trumps marriage so it doesn't make sense that wives are given an exception without good reason.

We know that some countries did, or maybe still do, give automatic nationality upon marriage. It may be that some of these wives cannot renounce their husbands nationality. e.g. If the nationality law in her husbands land says that by default the wife acquires nationality there's little she can do about it.

If this is the correct it makes them distinctly different to wives that apply for nationality, and to Thais that gain dual nationality through birth, because in both of these cases there is nothing stopping them from renouncing either nationality.

This is all supposition on my part, but it's the only logical reason I can come up with for the existence of Section 13.

The Act clearly doesn't want Thais to have dual nationality although, as said, Thailand doesn't seem to be enforcing the Act.

[elviajero]

Yes, both times we've taken them to Thailand and attempted to enter using their Thai passports. The las time they even refused to allow my Thai wife to enter on her Thai passport, I wasn't happy to put it mildly but I knew it was something my wife had to take care of and not me.

You are saying the Thai Immigration are refusing Thai people to use their Thai passport

Yes sure....then your wife can never go back and live in Thailand how would they even know that she have another passport ?

I have a few friends with thai wifes that have two passports. They never have any problems when they arrive here once or twice every year.

Yes that is exactly what I am saying.

So why can thousends of other people with two passport enter Thailand with both their Thai and the other passport ? But your wife and your son can't do it !!

Thailand's Nationality Act clearly doesn't support dual nationality, but we are back to a common problem in Thailand of inconsistencies in applying the law.

Why most dual nationals get away with entering on Thai passports is because Thailand isn't enforcing the Act, AV and TS are two prominent examples, but that doesn't mean it can't be enforced. If you get an officious IO they could reasonably deny any Thai entry on a Thai passport if the person is over 21 and holds dual nationality.

Basically Thai's over 21 cannot hold dual nationality except for wives exempt under Section 13. It's not clear if Section 13 includes all wives, or just those that automatically obtained the nationality of her husband upon marriage. But, if my take on the Act is correct, only some wives are exempt. So entry to a wife holding dual nationality could be denied using a Thai passport that she maybe, by law, should have given up.

However, the IO was bang out of order, on all counts, for insisting that the children can't enter on Thai passports because, assuming they are under 21, they can legally hold dual nationality.

Clearly dual nationals are only presenting their Thai passport when entering the country to stay under the radar.

I'm not trying to defend the IO, but the idea that being Thai gives the automatic right to enter on a Thai passport is wrong if they're over 21 and hold another nationality.

I will argue the toss until they lock me up if they try and stop my son entering Thailand on his Thai passport!

Brigante7. Just out of interest. Is your wife's passport in her married or maiden name?

[paz]

I agree that the Act does not make the distinction clear, but I'm convinced that Section 13 singles out wives that don't have a choice about their second nationality.

One question leading to my conclusion is; why would wives taking a nationality through choice be allowed to keep dual nationality when dual nationals by birth have to choose at age 20. In my opinion birth trumps marriage so it doesn't make sense that wives are given an exception without good reason.

We know that some countries did, or maybe still do, give automatic nationality upon marriage. It may be that some of these wives cannot renounce their husbands nationality. e.g. If the nationality law in her husbands land says that by default the wife acquires nationality there's little she can do about it.

If this is the correct it makes them distinctly different to wives that apply for nationality, and to Thais that gain dual nationality through birth, because in both of these cases there is nothing stopping them from renouncing either nationality.

This is all supposition on my part, but it's the only logical reason I can come up with for the existence of Section 13.

The Act clearly doesn't want Thais to have dual nationality although, as said, Thailand doesn't seem to be enforcing the Act.

Yes, both Sec. 13 and 14 exist to provide a legal way to renounce nationality in cases where having two would be forbidden for the other country or punishing for the person. Historically, this is less frequent now.

However Sec. 14 - just like Sec 13, does does not make mandatory to choose or renounce either nationality at age 20, it simply give the faculty to renounce the Thai one:

Section 14 A person of Thai nationality, who was born of an alien father or mother and has acquired the nationality of his father or mother according to law on nationality of his father or mother, or a person who acquires Thai nationality under Section 12 paragraph two or Section 12/1 (2) and (3) may, if he desires to retain his other nationality, make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations. After consideration of the intention for the renunciation, the Minister shall grant permission if there is reasonable ground to believe that such person may acquire the nationality of his father, mother, or a foreign nationality, except in cases where Thailand is being engaged in armed conflict, or is in state of war, he may order the dispensation of any renunciation of Thai nationality.

And the words following "may" indicate the reason why that could have to be done. I think one of the main reason was related to (double) military draft.

I have another consideration to make. Reading the Act it seems clear to me that Thailand makes a distinction between acquiring nationality by marriage, or by naturalization, even if the first have to be applied for and is not automatic.

That is seen by the presence of two separate sections, 9 and 10, discriminating the cases, with the first reserved for women. For this reason I believe that any case of dual nationality acquired after the Thai subject has married a foreigner are safe from the (only theoretically possible) application of Sec. 22.

[paz]

Basically Thai's over 21 cannot hold dual nationality except for wives exempt under Section 13. It's not clear if Section 13 includes all wives, or just those that automatically obtained the nationality of her husband upon marriage. But, if my take on the Act is correct, only some wives are exempt. So entry to a wife holding dual nationality could be denied using a Thai passport that she maybe, by law, should have given up.

Absolutely is not so. Dual nationality by birth is fully permitted. Read my other posting to understand what the law says about having "to make a choice".

By the way, in case of Brigante's wife, the issue may have started with her not having an exit stamp on her Thai passport. Immigration is bothered when entry / exit count don't match.

[ubonjoe]

A person at the age of 20 (age a maturity) can choose to keep one or both nationalities. Prior to that it was their parents choice.

[elviajero]

I agree that the Act does not make the distinction clear, but I'm convinced that Section 13 singles out wives that don't have a choice about their second nationality.

One question leading to my conclusion is; why would wives taking a nationality through choice be allowed to keep dual nationality when dual nationals by birth have to choose at age 20. In my opinion birth trumps marriage so it doesn't make sense that wives are given an exception without good reason.

We know that some countries did, or maybe still do, give automatic nationality upon marriage. It may be that some of these wives cannot renounce their husbands nationality. e.g. If the nationality law in her husbands land says that by default the wife acquires nationality there's little she can do about it.

If this is the correct it makes them distinctly different to wives that apply for nationality, and to Thais that gain dual nationality through birth, because in both of these cases there is nothing stopping them from renouncing either nationality.

This is all supposition on my part, but it's the only logical reason I can come up with for the existence of Section 13.

The Act clearly doesn't want Thais to have dual nationality although, as said, Thailand doesn't seem to be enforcing the Act.

Yes, both Sec. 13 and 14 exist to provide a legal way to renounce nationality in cases where having two would be forbidden for the other country or punishing for the person. Historically, this is less frequent now.

However Sec. 14 - just like Sec 13, does does not make mandatory to choose or renounce either nationality at age 20, it simply give the faculty to renounce the Thai one:

Section 14 A person of Thai nationality, who was born of an alien father or mother and has acquired the nationality of his father or mother according to law on nationality of his father or mother, or a person who acquires Thai nationality under Section 12 paragraph two or Section 12/1 (2) and (3) may, if he desires to retain his other nationality, make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations. After consideration of the intention for the renunciation, the Minister shall grant permission if there is reasonable ground to believe that such person may acquire the nationality of his father, mother, or a foreign nationality, except in cases where Thailand is being engaged in armed conflict, or is in state of war, he may order the dispensation of any renunciation of Thai nationality.

And the words following "may" indicate the reason why that could have to be done. I think one of the main reason was related to (double) military draft.

I have another consideration to make. Reading the Act it seems clear to me that Thailand makes a distinction between acquiring nationality by marriage, or by naturalization, even if the first have to be applied for and is not automatic.

That is seen by the presence of two separate sections, 9 and 10, discriminating the cases, with the first reserved for women. For this reason I believe that any case of dual nationality acquired after the Thai subject has married a foreigner are safe from the (only theoretically possible) application of Sec. 22.

Section 14.

That small word may makes a big difference! The copy of the Act that I downloaded from you says:-

Thailand’s Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992)

Section 14. A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

If, after consideration of the said intention, the Minister is of opinion that there is reasonable ground to believe that such person may acquire the nationality of his father or a foreign nationality, he shall grant permission, except in cases where Thailand is being engaged in armed conflict, or is in state of war, he may order the dispensation of any renunciation of Thai nationality.

I'm sure you can see why I came to the conclusion I did because "may" gives the choice "is required" doesn't.

Question now is which version is correct?

Section 13.

Reading the Act in new light and taking in to account Sections 9 & 10, I'm changing my opinion.

Section 14 says "and has acquired the nationality of his father" and Section 13 says "and may acquire the nationality of her husband"

The use of "has" and "may" within the context of each clause would suggest that "has acquired" was not through choice (birth) and "may acquire" is through choice or not (marriage). e.g. if the intention of the clause was to exempt only wives that gained nationality upon marriage, and assuming the same language, it would say and has acquired the nationality of her husband.

So I'm now of the opinion that naturalization through marriage, however achieved, is exempt from Section 22. All wives can hold dual nationality. Probably!

[samran]

I agree that the Act does not make the distinction clear, but I'm convinced that Section 13 singles out wives that don't have a choice about their second nationality.

One question leading to my conclusion is; why would wives taking a nationality through choice be allowed to keep dual nationality when dual nationals by birth have to choose at age 20. In my opinion birth trumps marriage so it doesn't make sense that wives are given an exception without good reason.

We know that some countries did, or maybe still do, give automatic nationality upon marriage. It may be that some of these wives cannot renounce their husbands nationality. e.g. If the nationality law in her husbands land says that by default the wife acquires nationality there's little she can do about it.

If this is the correct it makes them distinctly different to wives that apply for nationality, and to Thais that gain dual nationality through birth, because in both of these cases there is nothing stopping them from renouncing either nationality.

This is all supposition on my part, but it's the only logical reason I can come up with for the existence of Section 13.

The Act clearly doesn't want Thais to have dual nationality although, as said, Thailand doesn't seem to be enforcing the Act.

Yes, both Sec. 13 and 14 exist to provide a legal way to renounce nationality in cases where having two would be forbidden for the other country or punishing for the person. Historically, this is less frequent now.

However Sec. 14 - just like Sec 13, does does not make mandatory to choose or renounce either nationality at age 20, it simply give the faculty to renounce the Thai one:

Section 14 A person of Thai nationality, who was born of an alien father or mother and has acquired the nationality of his father or mother according to law on nationality of his father or mother, or a person who acquires Thai nationality under Section 12 paragraph two or Section 12/1 (2) and (3) may, if he desires to retain his other nationality, make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations. After consideration of the intention for the renunciation, the Minister shall grant permission if there is reasonable ground to believe that such person may acquire the nationality of his father, mother, or a foreign nationality, except in cases where Thailand is being engaged in armed conflict, or is in state of war, he may order the dispensation of any renunciation of Thai nationality.

And the words following "may" indicate the reason why that could have to be done. I think one of the main reason was related to (double) military draft.

I have another consideration to make. Reading the Act it seems clear to me that Thailand makes a distinction between acquiring nationality by marriage, or by naturalization, even if the first have to be applied for and is not automatic.

That is seen by the presence of two separate sections, 9 and 10, discriminating the cases, with the first reserved for women. For this reason I believe that any case of dual nationality acquired after the Thai subject has married a foreigner are safe from the (only theoretically possible) application of Sec. 22.

Section 14.

That small word may makes a big difference! The copy of the Act that I downloaded from you says:-

Thailands Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992)

Section 14. A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

If, after consideration of the said intention, the Minister is of opinion that there is reasonable ground to believe that such person may acquire the nationality of his father or a foreign nationality, he shall grant permission, except in cases where Thailand is being engaged in armed conflict, or is in state of war, he may order the dispensation of any renunciation of Thai nationality.

I'm sure you can see why I came to the conclusion I did because "may" gives the choice "is required" doesn't.

Question now is which version is correct?

Section 13.

Reading the Act in new light and taking in to account Sections 9 & 10, I'm changing my opinion.

Section 14 says "and has acquired the nationality of his father" and Section 13 says "and may acquire the nationality of her husband"

The use of "has" and "may" within the context of each clause would suggest that "has acquired" was not through choice (birth) and "may acquire" is through choice or not (marriage). e.g. if the intention of the clause was to exempt only wives that gained nationality upon marriage, and assuming the same language, it would say and has acquired the nationality of her husband.

So I'm now of the opinion that naturalization through marriage, however achieved, is exempt from Section 22. All wives can hold dual nationality. Probably!

Version 2 of the act, which you have quoted was passed in Feb 1992. It was quickly replaced a mere three weeks later with version 3 of the act which makes it clear chosing is only an option, with no penalty of one doesn't.

Clearly version two stepped on the toes of too many influential people.

The language contained in version three has been carried through amendments 4 and 5. It is unlikely to regress in the way you speculate.

Indeed, my Thai nationality status (Thai mother, foreign father) has been examined by the ministry of interior in the process of my wife's thai nationality application, with no issue. It also was at the time of me first moving to Thailand and being registered in the house registration, again with no issue.

Similarly, it was most recently how I obtained my Thai nationality was examined when my daughter obtained her first thai passport last year. You guessed it, no issue.

[nzexpat]

samran

Good to hear from a person who knows as opposed to one who speculates without any real knowledge of of the issue(s)

Edited April 14, 2015 by nzexpat

[Brigante7]

So why can thousends of other people with two passport enter Thailand with both their Thai and the other passport ? But your wife and your son can't do it !!

Thailand's Nationality Act clearly doesn't support dual nationality, but we are back to a common problem in Thailand of inconsistencies in applying the law.

Why most dual nationals get away with entering on Thai passports is because Thailand isn't enforcing the Act, AV and TS are two prominent examples, but that doesn't mean it can't be enforced. If you get an officious IO they could reasonably deny any Thai entry on a Thai passport if the person is over 21 and holds dual nationality.

Basically Thai's over 21 cannot hold dual nationality except for wives exempt under Section 13. It's not clear if Section 13 includes all wives, or just those that automatically obtained the nationality of her husband upon marriage. But, if my take on the Act is correct, only some wives are exempt. So entry to a wife holding dual nationality could be denied using a Thai passport that she maybe, by law, should have given up.

However, the IO was bang out of order, on all counts, for insisting that the children can't enter on Thai passports because, assuming they are under 21, they can legally hold dual nationality.

Clearly dual nationals are only presenting their Thai passport when entering the country to stay under the radar.

I'm not trying to defend the IO, but the idea that being Thai gives the automatic right to enter on a Thai passport is wrong if they're over 21 and hold another nationality.

I will argue the toss until they lock me up if they try and stop my son entering Thailand on his Thai passport!

Brigante7. Just out of interest. Is your wife's passport in her married or maiden name?

8

Both passports, Thai & UK are in her married name.

Edited April 15, 2015 by ubonjoe
snipped excess quotes only 4 can be done

[Brigante7]

Basically Thai's over 21 cannot hold dual nationality except for wives exempt under Section 13. It's not clear if Section 13 includes all wives, or just those that automatically obtained the nationality of her husband upon marriage. But, if my take on the Act is correct, only some wives are exempt. So entry to a wife holding dual nationality could be denied using a Thai passport that she maybe, by law, should have given up.

Absolutely is not so. Dual nationality by birth is fully permitted. Read my other posting to understand what the law says about having "to make a choice".

By the way, in case of Brigante's wife, the issue may have started with her not having an exit stamp on her Thai passport. Immigration is bothered when entry / exit count don't match.

My wifes current Thai passport was renewed in Thailand before she recieved her UK passport.

[elviajero]

Version 2 of the act, which you have quoted was passed in Feb 1992. It was quickly replaced a mere three weeks later with version 3 of the act which makes it clear chosing is only an option, with no penalty of one doesn't.

Clearly version two stepped on the toes of too many influential people.

The language contained in version three has been carried through amendments 4 and 5. It is unlikely to regress in the way you speculate.

Indeed, my Thai nationality status (Thai mother, foreign father) has been examined by the ministry of interior in the process of my wife's thai nationality application, with no issue. It also was at the time of me first moving to Thailand and being registered in the house registration, again with no issue.

Similarly, it was most recently how I obtained my Thai nationality was examined when my daughter obtained her first thai passport last year. You guessed it, no issue.

Thanks for clearing that up. The version of the Act I was given was out of date.

Based on the amended version of the Act there's no reason why you should have any issues. It is clear that dual nationality by birth is allowed, which was my understanding at the very start, and before I was misled by the out of date version of the Act.

[elviajero]

samran

Good to hear from a person who knows as opposed to one who speculates without any real knowledge of of the issue(s)

Yes I agree. It's good to get samran's first hand knowledge.

If the speculation jibe was aimed at me exactly what is your problem? Forums are meant for discussion and opinion. I am trying to discuss the subject because, I have a wife and son, so the subject will affect me in the future, and I want to understand.

Someones wife and children were declined entry on Thai passports and I want to understand why, avoid the problem, and be confident when arguing my case at the hands of an officious immigration officer.

[Richard W]

Someones wife and children were declined entry on Thai passports and I want to understand why, avoid the problem, and be confident when arguing my case at the hands of an officious immigration officer.

It could be that the Immigration Officer took the view that one selects one's nationality for the trip at check-in, not when one arrives at Immigration. That makes sense for preparing advice to the IO on how to handle the passenger. (This rule could conceivably be nasty where the passenger would need airside transit visas using some nationalities - so far as I am aware, this is not an issue for Thai-only Thais.)

[samran]

Version 2 of the act, which you have quoted was passed in Feb 1992. It was quickly replaced a mere three weeks later with version 3 of the act which makes it clear chosing is only an option, with no penalty of one doesn't.

Clearly version two stepped on the toes of too many influential people.

The language contained in version three has been carried through amendments 4 and 5. It is unlikely to regress in the way you speculate.

Indeed, my Thai nationality status (Thai mother, foreign father) has been examined by the ministry of interior in the process of my wife's thai nationality application, with no issue. It also was at the time of me first moving to Thailand and being registered in the house registration, again with no issue.

Similarly, it was most recently how I obtained my Thai nationality was examined when my daughter obtained her first thai passport last year. You guessed it, no issue.

Thanks for clearing that up. The version of the Act I was given was out of date.

Based on the amended version of the Act there's no reason why you should have any issues. It is clear that dual nationality by birth is allowed, which was my understanding at the very start, and before I was misled by the out of date version of the Act.

It's good to read versions 3, 4 and 5 in the context of how version 2 was written. Plenty of people (not meaning you) still read the latter versions as saying one 'must' choose, when it clearly doesn't in comparison to the earlier version.

I should add that I didn't get my Thai citizenship til 1993, a good two decades after I was born. Our family knew the Thai embassy in Canberra fairly well at that point and it was they who rang us up and told us it was possible for myself to get a birth cerificate and more importanty, for my mother to get her Thai passport back, which earlier versions of the act didn't allow.

[ubonjoe]

You have to be careful when reading many Thai acts to be sure you have the latest version.

This is the latest version of the Nationality Act B.E. 2508 (1965) with amendments until B.E. 2555 (2012) - English translation.

As I said before when your wife enters the country she has to stand her ground and not the let an immigration office push her to use her UK passport. One thing to do would be to insist they put the denial of entry on her Thai passport in writing before using the other passport.

[Brigante7]

You have to be careful when reading many Thai acts to be sure you have the latest version.

This is the latest version of the Nationality Act B.E. 2508 (1965) with amendments until B.E. 2555 (2012) - English translation.

As I said before when your wife enters the country she has to stand her ground and not the let an immigration office push her to use her UK passport. One thing to do would be to insist they put the denial of entry on her Thai passport in writing before using the other passport.

Thank you to everybody for their advice, I think what I'll do is send the wife and kids through the automatic entry and hope for the best but I'll also tell her to stand her ground if challenged by an imigration officer and also to take Ubonjoe's advice and insist they put a denial of entry in her Thai passport.

Edited April 15, 2015 by ubonjoe
fixed broken quote

[samran]

You have to be careful when reading many Thai acts to be sure you have the latest version.

This is the latest version of the Nationality Act B.E. 2508 (1965) with amendments until B.E. 2555 (2012) - English translation.

As I said before when your wife enters the country she has to stand her ground and not the let an immigration office push her to use her UK passport. One thing to do would be to insist they put the denial of entry on her Thai passport in writing before using the other passport.

Thank you to everybody for their advice, I think what I'll do is send the wife and kids through the automatic entry and hope for the best but I'll also tell her to stand her ground if challenged by an imigration officer and also to take Ubonjoe's advice and insist they put a denial of entry in her Thai passport.

If the kids are under 7 they won't be able to use the gates.

Edited April 15, 2015 by ubonjoe
fixed broken quote

[elviajero]

You have to be careful when reading many Thai acts to be sure you have the latest version.

This is the latest version of the Nationality Act B.E. 2508 (1965) with amendments until B.E. 2555 (2012) - English translation.

As I said before when your wife enters the country she has to stand her ground and not the let an immigration office push her to use her UK passport. One thing to do would be to insist they put the denial of entry on her Thai passport in writing before using the other passport.

Thanks for that Joe, I'm sure Paz linked me to the previous version by mistake.

Sounds like good advice to get a denial stamp.

[elviajero]

Version 2 of the act, which you have quoted was passed in Feb 1992. It was quickly replaced a mere three weeks later with version 3 of the act which makes it clear chosing is only an option, with no penalty of one doesn't.

Clearly version two stepped on the toes of too many influential people.

The language contained in version three has been carried through amendments 4 and 5. It is unlikely to regress in the way you speculate.

Indeed, my Thai nationality status (Thai mother, foreign father) has been examined by the ministry of interior in the process of my wife's thai nationality application, with no issue. It also was at the time of me first moving to Thailand and being registered in the house registration, again with no issue.

Similarly, it was most recently how I obtained my Thai nationality was examined when my daughter obtained her first thai passport last year. You guessed it, no issue.

Thanks for clearing that up. The version of the Act I was given was out of date.

Based on the amended version of the Act there's no reason why you should have any issues. It is clear that dual nationality by birth is allowed, which was my understanding at the very start, and before I was misled by the out of date version of the Act.

It's good to read versions 3, 4 and 5 in the context of how version 2 was written. Plenty of people (not meaning you) still read the latter versions as saying one 'must' choose, when it clearly doesn't in comparison to the earlier version.

I should add that I didn't get my Thai citizenship til 1993, a good two decades after I was born. Our family knew the Thai embassy in Canberra fairly well at that point and it was they who rang us up and told us it was possible for myself to get a birth cerificate and more importanty, for my mother to get her Thai passport back, which earlier versions of the act didn't allow.

It's good that Thailand have moved with the times albeit slowly. And I'm happy to read that you gained your birthright.