Jump to content

Is dual citizenship in Thailand allowed ?


Recommended Posts

The Nationality Act neither expressly supports nor prohibits dual citizenship but the Interior Ministry and Immigration tend to take the view that it is undesirable. However, there are provisions in the law that allow for revocation of Thai citizenship in the cases of naturalised Thais and Thais who obtained citizenship through being born in Thailand to alien parents (since 1972 only possible, if both parents were PRs at the time of birth), if they remain abroad for more than 5 years without a residence in Thailand or use or take an active interest in their former or other nationality (this is not defined). This doesn't apply to women who adopt their husbands' Thai nationality and they can only lose Thai citizenship as a result of an offence against public morality (usually after being convicted of a serious crime such as drug dealing) - the same also applies to naturalised Thais. There is a provision in the Act to allow Thais who obtain another nationality through naturalisation to lose Thai nationality but the wording is ambiguous the interpretation of this to date has been that it is voluntary. There are no clear cut provisions in the Act that allow the revocation of Thai nationality from anyone who obtained it as a result of having one or more Thai parents, whether born in Thailand or abroad.

Since 2010 applicants for naturalisation under Section 10 or to adopt the Thai nationality of their husbands under Section 9 have been asked to submit a declaration of intent witnessed by a consular officer at their embassy to renounce their existing citizenship after they have obtained Thai citizenship. Once applicants are successful, Special Branch, now has sends letters to the embassies of applicants who submitted the declaration to inform them that so and so has been granted Thai citizenship. The majority of applicants are probably Chinese or Indian, whose countries expressly prohibit dual citizenship, and the effect of the declaration and the letters probably results in applicants' voluntary renunciation of citizenship, although Indians can get Indian Overseas Citizenship and it is not clear whether China bothers to enforce its own law against dual citizenship, as there are thousands and thousands of Chinese dual citizens nowadays. As has been mentioned by others, despite the fact that there are provisions to revoke citizenship of naturalised Thais who use or show an interest in a former nationality, there is no specific provision or ministerial regulation that allows Thai authorities to require a certificate of renunciation of former nationality from naturalised Thais, much as they would probably like to ask for one. There are many records of Thai nationality being revoked from Thais who obtained Thai nationality as a result of being born in Thailand to alien parents for staying abroad for more than 5 years or using or taking an active interest in the nationality of their fathers but this category is getting less common now, as those born after 1971 need two parents with PR which is now difficult to obtain. There are no known records to date of which I am aware of naturalised Thais involuntarily losing Thai nationality.

For those with half Thai children the Act provides for them to surrender Thai nationality on a voluntary basis between their 20th and 21st birthday. Many government officials will tell you it is compulsory for them to surrender Thai nationality at that point (and may wish it were so), if they wish to retain their foreign nationality, but that is simply not what the law says, nor how it is interpreted in practice. The Thai Ministry of Foreign Affairs is fully supportive of dual nationality and will give every assistance to half Thais living abroad. In fact they seem to encourage them to take up and maintain their Thai nationality in addition to the nationality of the country where they reside. The MoFA states clearly on its website that dual nationality is neither expressly allowed or prohibited under Thai law and that whether you can hold dual nationality or not depends only on whether the other country prohibits it or not. It even provides instructions to dual Thai nationals as to how juggle passports when travelling.

Things may change in future but that is the legal state of play today to the best of my knowledge. If you ask my view as to why the MOI suddenly started to ask for the declaration with no corresponding change in the law or ministerial regulations, I would hazard a guess that it was in response to the amendment to the Act in 2008 to allow foreign men with Thai wives to apply for citizenship without getting PR first. They probably thought this would open the floodgates, although that hasn't really happened, and wanted to reduce that flow. Despite taking a rather nationalistic approach the MOI is very concerned about doing things according to the letter of the law and is very concerned about the risk of being sued in the Adminstrative Court. This may of course change, if the right for Thais and citizens to sue in the Administrative Court is eliminated or reduced in the next constitution, as was proposed in the draft constitution that was recently rejected.

"It even provides instructions to dual Thai nationals as to how juggle passports when travelling."

Please could you provide a link to that page. I have been unable to find it and it is of great interest to me.

Link to comment
Share on other sites

I have dual Thai - Japanese citizenships. I didn't naturalize to Thailand, I was born with them. I only travel with my Japanese passport but I did use Thai passport to travel as a child when growing up in Thailand.

Is the Japanese government aware of your Thai nationality? In principle, if you're over 22, you should have renounced your Thai citizenship or lost your Japanese citizenship. Articles 14 and 15 of the Japanese Nationality Law of 1985 are reported to be relevant. Is the Japanese law unenforced, like the Thai law against Thais acquiring other nationalities other than directly by marriage?

Link to comment
Share on other sites

Is the Japanese government aware of your Thai nationality? In principle, if you're over 22, you should have renounced your Thai citizenship or lost your Japanese citizenship. Articles 14 and 15 of the Japanese Nationality Law of 1985 are reported to be relevant. Is the Japanese law unenforced, like the Thai law against Thais acquiring other nationalities other than directly by marriage?

I don't know if they know. I have no intention of declaring my dual citizenships with them but I did openly tell that to a consular officer at the embassy in Bangkok many years ago when I went to ask for certificate of criminal record and he didn't even blink. No questions asked.

Either way I'm almost 50 years old, was born way before the amended citizenship act of 1973 mandate that I choose my citizenship at age 21 (thus the law cannot be applied retroactively). According to the law, I'm deemed as having "chosen" Japanese citizenship without actually declaring it in person. Even if you were born after the law, by all acount all you have to do is to declare yourself Japanese at the embassy but renouncing the other citizenship is not absolutely conditional (though I hear some officials do pressure you into doing so). I remember a press report from the late 2000's that the then Japanese justice minister answering questions in the diet that no Japanese citizen was ever stripped of its citizenship for failing to choose it or not renouncing the other. In short there's no penalty in not choosing.

Edited by Nordlys
  • Like 1
Link to comment
Share on other sites

Not only can you have dual citizenship... my children have three citizenships without an issue (swedish, finnish and thai).

Furthermore, only way to lose your swedish citizenship is if you (the citizen) actually sign a form designed specifically for that and send it in. So it doesn't matter who sends or calls any swedish embassy anywhere in the world.

Edited by Asheron
  • Like 1
Link to comment
Share on other sites

  • 4 weeks later...

I can answer my question my self finally:

I ask my friend Who is a high ranking officer In royal Thai police in Bangkok to check for me.
I also ask immigration about this (Even thought they have nothing to do with Citizenship)

They both just come back and say :

1. "No - Thailand do not accept dual citizen ship"...
2. You have to cancel your old citizenship yourself and Thailand do not check..
3. If you get cough with 2 passports you will have to choose which to keep.

I guess no 3. means that they know that people do not cancel origin citizenshipwink.png

Now question is:

If I get caught at airport with 2 passport, am I then carrying a fake passport?? biggrin.png


wai.gif

Link to comment
Share on other sites

I can answer my question my self finally:

I ask my friend Who is a high ranking officer In royal Thai police in Bangkok to check for me.

I also ask immigration about this (Even thought they have nothing to do with Citizenship)

They both just come back and say :

1. "No - Thailand do not accept dual citizen ship"...

2. You have to cancel your old citizenship yourself and Thailand do not check..

3. If you get cough with 2 passports you will have to choose which to keep.

I guess no 3. means that they know that people do not cancel origin citizenshipwink.png

Now question is:

If I get caught at airport with 2 passport, am I then carrying a fake passport?? biggrin.png

wai.gif

Sorry to say but your high ranking officer doesn't know the law. Not very uncommon in Thailand for "officials".

It is very much legal to have two citizenships (or even more as my children have three) but only thing you should avoid is showing your other passport(s) when entering Thailand as they (immigration officers) like to <deleted> with thai citizens and use the foreign passport to stamp you in for just 30 days. And they wouldn't just take your passport away from you at immigration as they know what kind of shitstorm that would create in massmedia.

Link to comment
Share on other sites

Here is the law:

http://www.refworld.org/pdfid/506c08862.pdf

http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

Section 21
A person of Thai nationality who was born to an alien father or mother and may acquire the nationality of his father or mother according to the law on nationality of the father or mother shall lose Thai nationality if the person obtains an alien identification card according to the law on registration of aliens.
Section 22
A person of Thai nationality who has been naturalised as an alien, or who has renounced Thai nationality, or whose Thai nationality has been revoked, shall lose Thai nationality.

In the practical, nobody cares as long as you always use the same passport for both in/out of Thailand.

And you know what, most people of the high ranks in Thailand do have dual-citizenship even our VVIP who was born with US citizenship.

  • Like 1
Link to comment
Share on other sites

Here is the law:

http://www.refworld.org/pdfid/506c08862.pdf

http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

Section 21

A person of Thai nationality who was born to an alien father or mother and may acquire the nationality of his father or mother according to the law on nationality of the father or mother shall lose Thai nationality if the person obtains an alien identification card according to the law on registration of aliens.

Section 22

A person of Thai nationality who has been naturalised as an alien, or who has renounced Thai nationality, or whose Thai nationality has been revoked, shall lose Thai nationality.

In the practical, nobody cares as long as you always use the same passport for both in/out of Thailand.

And you know what, most people of the high ranks in Thailand do have dual-citizenship even our VVIP who was born with US citizenship.

You are misreading those sections.

Ssection 21 the alien registration card is one issued here for starless, people and etc.

Section 22 means applying for Thai nationality here as an alien.

There is no section of the nationality act that specifically prohibits having more than one nationality.

  • Like 1
Link to comment
Share on other sites

Seems like claims on both sides have already been covered, but to chime in my two kids have both US and Thai nationality and passports.

My understanding, from talking to related staff at the Bangkok American embassy and Thai government staff, and a local immigration lawyer, is that holding two passports and retaining two nationalities forever is permitted by both countries.

I'm not clear on it being required but it seems necessary to only use the Thai passport to enter and leave Thailand, and to always use the same passport entering and leaving other countries so the records and stamps match up.

The original question was about someone changing nationalities, so that really is a slightly different case, but the consensus here seems to be the same applies to immigrants to Thailand that adopted the nationality, but I really have no background with that.

Link to comment
Share on other sites

Seems like claims on both sides have already been covered, but to chime in my two kids have both US and Thai nationality and passports.

My understanding, from talking to related staff at the Bangkok American embassy and Thai government staff, and a local immigration lawyer, is that holding two passports and retaining two nationalities forever is permitted by both countries.

I'm not clear on it being required but it seems necessary to only use the Thai passport to enter and leave Thailand, and to always use the same passport entering and leaving other countries so the records and stamps match up.

The original question was about someone changing nationalities, so that really is a slightly different case, but the consensus here seems to be the same applies to immigrants to Thailand that adopted the nationality, but I really have no background with that.

And to my knowledge if you enter Thailand with your thai passport then you are entirely viewed as a thai national and the embassy of your second nationality will NOT help you in any kind of way if you would be arrested etc. Atleast that's the case for swedish citizens with thai citizenship as well.

Link to comment
Share on other sites

I am just and expat living in Thailand for years and now want to apply for Thai citizenship and not lose my origin citizenship so I do not thin sec 21/22 comply to me.

But I am real happy about the feed back and it is very informative thumbsup.gif

wai.gif

I will just apply next year and if I get the citizenship... I will keep low profilewhistling.gif

wai.gif

Link to comment
Share on other sites

I am just and expat living in Thailand for years and now want to apply for Thai citizenship and not lose my origin citizenship so I do not thin sec 21/22 comply to me.

But I am real happy about the feed back and it is very informative thumbsup.gif

wai.gif

I will just apply next year and if I get the citizenship... I will keep low profilewhistling.gif

wai.gif

Gaining Thai citizen status is a long, involved, and expensive process.

There are some excellent threads/topics on the subject which you should read.

Link to comment
Share on other sites

I am just and expat living in Thailand for years and now want to apply for Thai citizenship and not lose my origin citizenship so I do not thin sec 21/22 comply to me.

But I am real happy about the feed back and it is very informative thumbsup.gif

wai.gif

I will just apply next year and if I get the citizenship... I will keep low profilewhistling.gif

wai.gif

Gaining Thai citizen status is a long, involved, and expensive process.

There are some excellent threads/topics on the subject which you should read.

Thanx

Link to comment
Share on other sites

I am just and expat living in Thailand for years and now want to apply for Thai citizenship and not lose my origin citizenship so I do not thin sec 21/22 comply to me.

But I am real happy about the feed back and it is very informative thumbsup.gif

wai.gif

I will just apply next year and if I get the citizenship... I will keep low profilewhistling.gif

wai.gif

Gaining Thai citizen status is a long, involved, and expensive process.

There are some excellent threads/topics on the subject which you should read.

Thanx
Four questions for you:

1. Do you have Thai permanent residence?

2. Are you married to a Thai?

3. Do you have a work permit?

4. Do you pay tax?

Edited by blackcab
Link to comment
Share on other sites

  • 10 months later...

Allow me to add another thing to this debate.
If you have a Thai passport never used because the passport holder had another nationality when the passport was issued, and therefore had entered at that country's passport and departed at the same passport.
Now, this person who is born Thai but has lived in an (EU) country for more than 30 years would like to use the newly acquired Thai passport by next visit to Thailand.
Will there be any problems on arrival, because there is no exit stamp in the Thai passport?

Link to comment
Share on other sites

1 hour ago, wanthai said:

Allow me to add another thing to this debate.
If you have a Thai passport never used because the passport holder had another nationality when the passport was issued, and therefore had entered at that country's passport and departed at the same passport.
Now, this person who is born Thai but has lived in an (EU) country for more than 30 years would like to use the newly acquired Thai passport by next visit to Thailand.
Will there be any problems on arrival, because there is no exit stamp in the Thai passport?

 

In theory, no, if arriving by air.  Not all countries stamp passports on exit (Hong Kong).  If it were necessary, he could pass through another country on the way.

  • Like 1
Link to comment
Share on other sites

11 hours ago, wanthai said:

Allow me to add another thing to this debate.
If you have a Thai passport never used because the passport holder had another nationality when the passport was issued, and therefore had entered at that country's passport and departed at the same passport.
Now, this person who is born Thai but has lived in an (EU) country for more than 30 years would like to use the newly acquired Thai passport by next visit to Thailand.
Will there be any problems on arrival, because there is no exit stamp in the Thai passport?

You should not have a problem entering on your Thai passport. If the officer makes a problem out of it ask for supervisor to sort it out. There is no written requirement for you to have a departure stamp from here in your passport.

9 hours ago, JackThompson said:

 

In theory, no, if arriving by air.  Not all countries stamp passports on exit (Hong Kong).  If it were necessary, he could pass through another country on the way.

I think he was asking about an exit stamp for Thailand.

  • Like 1
Link to comment
Share on other sites

Some years back that may have been true, but for some years now dual citizenship has been possible.

However there is a provision for young dual nationaly Males to voluntaeily give up their Thai citizenship, and some do.

That is usually beacuse Males at the age 20 or 21 face a possible  involuntary call into the Thai military service.

For that reason a few Thai males each year give up there dual  citzenship so as to avoid being forced into the Thai military against thei will.

This is almost all male, as there is no such requirement for Thai females to do military service.

  • Like 1
Link to comment
Share on other sites

3 hours ago, thedemon said:

Thai passports holders now mainly use the "Autochannel" gates and no human looks at their passports. 

 

Just remember to keep the boarding pass used on the flight into Thailand because that needs to be scanned at the same time.

 

You don't necessary to keep the boarding pass, the scanning is just to enter in your flight number. It can be done manually by typing too, which is what I"ve done sometimes when I"m too lazy to dig through my bag again for the boarding pass.

Link to comment
Share on other sites

1 hour ago, mike324 said:

 

You don't necessary to keep the boarding pass, the scanning is just to enter in your flight number. It can be done manually by typing too, which is what I"ve done sometimes when I"m too lazy to dig through my bag again for the boarding pass.

 

Thanks. I didn't know that.

 

Where do you type it in? I haven't noticed a keypad but maybe I just haven't looked properly.

Link to comment
Share on other sites

7 hours ago, ubonjoe said:

You should not have a problem entering on your Thai passport. If the officer makes a problem out of it ask for supervisor to sort it out. There is no written requirement for you to have a departure stamp from here in your passport.

I think he was asking about an exit stamp for Thailand.

Thank You I am Glad to hear . I will let the person know what you and all have told me. :-)

Link to comment
Share on other sites

1 hour ago, thedemon said:

 

Thanks. I didn't know that.

 

Where do you type it in? I haven't noticed a keypad but maybe I just haven't looked properly.

 

Its right on the screen and pretty straight forward. Don't forget the to type the 0 in front of two numbers if the flight number is less than 3 digits. Eg. TG065 or else it won't approve the flight number.

Link to comment
Share on other sites

20 hours ago, mike324 said:

 

Its right on the screen and pretty straight forward. Don't forget the to type the 0 in front of two numbers if the flight number is less than 3 digits. Eg. TG065 or else it won't approve the flight number.

 

I entered at Suvarnabhumi this morning and indeed you are absolutely right. After removing passport from the scanner the screen gives 2 options, scan boarding pass and enter flight number. After selecting the latter then another screen comes up with a keypad. No idea why I hadn't noticed that before.

 

Another first for me today was that at the second gate, where you have to stand looking at the camera with forefinger on fingerprint scanner at the same time, the system said that facial recognition had failed. One of the intern helpers suggested I start again on an adjacent machine and this time it worked like usual.

 

That surprised me because I assumed that the camera only took a photo and the fingerprint scanner did the biometric verification. But clearly Thai Immigration does have facial recognition technology so I would think it is only a matter of time before it is used for everyone entering/exiting Thailand. Or perhaps it already is.......

  • Like 2
Link to comment
Share on other sites

  • 2 weeks later...

There is a lot of confusion on this subject and having to go through this in a different country myself I did a lot of research and this is what I discovered. 

 

It depends greatly on where you were born and what citizenship you held then, and also which country you are apply for duel citizenship. Here is an example of what I mean:

 

My Daughter was born in Poland to a Polish Mother and therefore got her Polish Citizenship at birth. When my daughter got older I applied for her Canadian Citizenship to. Even though Poland does not recognize duel citizenship, Canada does. So there was no problem for her to also get a Canadian Passport.

 

Whether my daughter can legally hold 2 Passport living in Poland is up for question. But it is not like she walks around in a T-shirt saying she has 2 Passports either. When she leave and re-enters Poland, she uses her Polish Passport.

 

On the other hand a Polish Friend of mine living in Poland was dating a Russian Woman for many years. They got married in Poland and even had a daughter together their and in which the daughter became a Polish Citizen right away. But when his Russian Wife applied for Polish Citizenship she was forced to give up her Russian Citizenship first, as Poland does not recognize duel citizenship.

 

I can't say for sure Thailand treats this the same way as they don't recognize duel citizenship either, but I think they would. So being born in Thailand and then applying to another country that recognizes duel citizenship like Canada, the U.K., or Australia, would be no problem. Whether they can legally hold 2 Passports is another question, but what isn't in question is them being unable to stop you from applying to another country for citizenship.

 

Since you, and that woman, held a different nationality before applying to Thailand for citizenship, then there is a high probability you would have to give that citizenship up first. There may be ways around that but I don't know of any. Nor did my friend's wife, who gave up her Russian Citizenship.        

Link to comment
Share on other sites

On 4/1/2559 at 5:02 PM, Oldgumshoe said:

I was chatting with a young Thai lady in the immigration que a couple of days ago and she told me her Thai passport had expired and was entering Thailand on her Australian passport.

Why? A citizen of that country can enter his own using an expired passport? 

 

I am guessing she may have left Australia using her Australian Passport, and then entered Thailand using her Expired Thai Passport, as this would be the correct way of doing things. If she used her Australian Passport to enter Thailand she is liable to be Red Flagged for an Overstay. 

Link to comment
Share on other sites

On 23/2/2559 at 0:14 PM, Muggi1968 said:

I can answer my question my self finally:

I ask my friend Who is a high ranking officer In royal Thai police in Bangkok to check for me.
I also ask immigration about this (Even thought they have nothing to do with Citizenship)

They both just come back and say :

1. "No - Thailand do not accept dual citizen ship"...
2. You have to cancel your old citizenship yourself and Thailand do not check..
3. If you get cough with 2 passports you will have to choose which to keep.

I guess no 3. means that they know that people do not cancel origin citizenshipwink.png

Now question is:

If I get caught at airport with 2 passport, am I then carrying a fake passport?? biggrin.png

 

wai.gif
 

That sounds about right to me. In line with other countries to, who do not have duel citizenship. 

 

Once you are a citizen of another country you don't lose that if you lose, or have taken away, your passport. You can always get another to replace that one. What is more important than you passport is the citizen card you get with that. You can keep that safely at home. Then use that like a copier machine to get as many passports as you want.  

Link to comment
Share on other sites

On 23/2/2559 at 4:23 PM, honu said:

Seems like claims on both sides have already been covered, but to chime in my two kids have both US and Thai nationality and passports.

My understanding, from talking to related staff at the Bangkok American embassy and Thai government staff, and a local immigration lawyer, is that holding two passports and retaining two nationalities forever is permitted by both countries.

I'm not clear on it being required but it seems necessary to only use the Thai passport to enter and leave Thailand, and to always use the same passport entering and leaving other countries so the records and stamps match up.

The original question was about someone changing nationalities, so that really is a slightly different case, but the consensus here seems to be the same applies to immigrants to Thailand that adopted the nationality, but I really have no background with that.

I think you are missing a very important point here.

 

Having Thai Citizenship and applying to another country that recognizes duel citizenship is not a problem. There are probably more than 100,000 people living in Thailand which are doing that right now. But coming from a country which recognizes duel citizenship and applying to a country like Thailand, which does not recognize duel citizenship, is a completely different story. It is not Same Same!  

Link to comment
Share on other sites

There is a provision for those dual citizens  that may WISH to can volintarily give up there Thai  citizenship at age 21

This is sometimes done by Thai males as they have a requirement to register for Thai military service.

This only applies to Thai males as Thai females are not required to register for military service.

But occasionally a Thai male will voluntarily give up his Thai citixenship to avoid being required to register for possible involuntary military service.

Almost never a Thai female of the same age.

 

Link to comment
Share on other sites

4 hours ago, GOLDBUGGY said:

But coming from a country which recognizes duel citizenship and applying to a country like Thailand, which does not recognize duel citizenship, is a completely different story. It is not Same Same!

 

What gave you the impression that Thailand does not recognise dual citizenship?

  • Like 1
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.




×
×
  • Create New...