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Status of Thai Constitution section 39

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Reading various web articles I am at a lost at this time as to the status of the new draft Thai Constitution.  I have read it has been sent to the new Thai King for signature but

cannot find anything that indicates if it has or will be signed in the near future.  I am interested in section 39 on Revocation of Thai Nationality by birth shall not be permitted and if the wording has changed from the draft to the final signed version.  Additionally, how this will be addressed in/change the Thai Nationality Act.  With a dual national wife planning a trip to Thailand after many years and a recent  Thai Visa forum mention of a dual national Thai wife not being allowed entry into Thailand on her Thai passport, I am hoping this issue gets clarified prior to my wife's trip.

Not sure about the constitution question.

A Thai cannot be denied entry on their Thai passport. The reported cases of that happening is a abuse of authority by a immigration officer. If they try it ask for a supervisor to sort it out. She should never ever let them see the other passport on entry.

2016 draft constitution, unofficial translation:

http://www.un.or.th/wp-content/uploads/2016/06/2016_Thailand-Draft-Constitution_EnglishTranslation_Full_Formatted_vFina....pdf

 

Section 39:

Quote

No person of Thai nationality shall be deported or prohibited  from entering the Kingdom.
Revocation of Thai nationality acquired by birth of a person shall not be permitted.

 

From my reading, the procedures for this trip would be on departing for Bangkok, my wife would show her Thai passport to the airlines to ensure the manifest reflects she is traveling as a Thai.  On transit through London, we would both use our U.S. passports at immigrations while switching airlines.  In Thailand, she would enter through Thai immigrations and myself through Foreign.  As my wife is using a new Thai passport issued in the U.S. and it having no stamps, it would be best for her to use the automated channel.  Concern here is if she has to go through the IO, I would not be able to be there if a problem arose.  Can she enter with me through the Foreign desks? Would it be easier to get a 60 day visa on her U.S passport from the Thai consulate in Los Angeles for this travel or will she face being flagged by them as having another citizenship other then Thai (her U.S. passport reflecting her birth in Thailand)?

Getting a visa for her would just complicate things. Since she will have a new Thai passport issued in the US there should be absolutely no problem. Just be sure she absolutely does not show her other passport to Thai immigration.

Normally they will let you go through the Thai only line if you are with your wife.

If you are nervous about your wife being able to pass through the Autochannel without intervention from an Immigration officer, you can just go with her right up to the electronic gates. They are right next to the normal counters and there is rarely a queue. 

 

There are helpers at the gates (interns not actual Immigration officers) so they will help your wife to scan her passport etc. The whole process will take 1-2 minutes so if successful, you will see that and she can wait for you while you join the foreign passport queue. You will only be separated by barriers not walls so can still see each other.

 

In the unlikely event of her passport being rejected by the Autochannel system she would be right back to where you are standing and you could then join the Thai citizens (non-automated) queue together, which is generally allowed for a foreigner travelling with a Thai spouse.

 

As Ubonjoe says, don't complicate things by obtaining a Thai visa in your wife's US passport. A dual national Thai entering with their Thai passport is routine and legal. You have nothing to worry about.

Thank you all for your guidance.

My GF has dual passports. She leaves US on US passport. Enters Thailand on Thai. Even though last names on them are different, she has never had a problem. Just curious why she should never show her US passport to Thai IO?

6 minutes ago, Rewthai said:

Just curious why she should never show her US passport to Thai IO?

Because they might insist on her using the US passport for entry. Best to keep it out of sight to avoid possible problems since some officers may not know that dual nationalities are acceptable.

She used to get Thai tourist visa on US passport. Thai IO at airport would ask her why spend the money? Just enter on Thai passport so that's what she has been doing. But as you say, why risk a problem with an un-informed IO. If it happened, she would just ask to see supervisor.

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