Thai wife refused entry on Thai passport?

[RowdyAlpha]

My wife leaves Australia on a US passport enters thailand using the thai passport upon leaving Thailand uses the thai again then enters Australia using the US. Never ever had a problem using it this way in maybe around 10 times.

Sent from my MHA-L29 using Thailand Forum - Thaivisa mobile app

[Guest]

1 hour ago, research said:

 

The website ( http://multiplecitizenship.com/countrylist.html)  as of today says

 

"Thailand

• "The Thai Nationality Act (2535 B.E.) has opened the possibility for a (foreign born) person, born of a father or a mother of Thai nationality, to acquire Thai nationality" (link to Thai embassy in US).

• It is unclear exactly what status dual citizenship has in Thai law, though there is at least some recognition"

While saying the above in one section, the site though still states out-of-date information that seems to have been copied long ago/quoted from the Thai Embassy, Washington website that is not reflective  of more recent amendments to the Thai Nationality Act.  The quoted information is no longer on the embassy website.

 

"THAILAND

CITIZENSHIP: Citizenship laws are based on the Nationality Act of 1965 with Amendment No.2 AD 1992 and Amendment No.3 AD 1993.

BY BIRTH: Birth within the territory of Thailand does not automatically confer citizenship. A person born of a father or mother of Thai nationality, whether within or outside the Thai Kingdom.

A person born within the Thai Kingdom except a person of alien parents if, at the time of birth, the father was not married to the mother, unless the mother was given leniency for temporary residence or had been permitted to stay temporarily in the Thai Kingdom, unless she had entered the Kingdom without permission.

BY DESCENT: Child born in wedlock, either of whose parents is a citizen of Thailand, regardless of the child's country of birth. Child born out of wedlock, whose mother is a citizen of Thailand and whose father is unknown or stateless, regardless of the child's country of birth.

BY NATURALIZATION: Before being able to apply for Thai citizenship, the person must have the following qualifications: Have displayed good behavior. Have a regular occupation. Have a domicile in the Thai Kingdom for a consecutive period of not less than five years. Have knowledge of Thai language.

DUAL CITIZENSHIP: NOT RECOGNIZED.Exceptions:

Child born abroad to Thai parents, who obtains the citizenship of the foreign country of birth, may retain dual citizenship until reaching the age of majority (18). At this point, person must choose which citizenship to retain.

A Thai woman who marries a foreign national and acquires her husband's citizenship has technically lost her Thai citizenship. Should the marriage end in death or divorce, the Thai national woman could regain her Thai citizenship. This is an unofficial dual citizenship designed to protect female Thai nationals.

LOSS OF CITIZENSHIP:

VOLUNTARY: Voluntary renunciation of citizenship is permitted by Thai law. Contact the Embassy for details and proper paperwork. If a person of Thai nationality who was born of an alien father and has acquired the nationality of their father desires to retain the other nationality, they must renounce Thai nationality within one year after attaining the age of twenty years.

INVOLUNTARY: The following are grounds for involuntary loss of Thai citizenship: Person voluntarily acquires foreign citizenship. When there exist circumstances suitable for maintaining the security or interests of the State, the government is empowered to revoke Thai nationality of a person who had acquired Thai nationality through naturalization.

ANY QUESTIONS concerning citizenship, or requests for renunciation of citizenship, should be directed to the address below:

Embassy of Thailand Consular Section 1024 Wisconsin Ave., NW Washington, DC 20007

Embassy/Consular Telephone: 202-944-3600 Fax: 202-944-3611

http://emailhost.ait.ac.th/asia/info.html"

 

[dentonian]

Nationality Act was revised in 2008.

 

Thai Nationality Act 2008..pdf

[nss70]

On 25/04/2017 at 11:41 AM, Eff1n2ret said:

 

 

It would be interesting to hear from the OP now that his wife is an "overstayer" according to the stamp on her UK passport.

I think I'm due an update

Local immigration agreed that the original IO was incorrect in what he did BUT they were unable to correct/convert it in any easy way, done is done they said.

Her two options were offered as;

1) Fly out anywhere using the UK passport. Re-enter using the Thai passport, if rejected again stand your ground and demand to see a supervising officer (as she should have done originally).

2) After a 30 day extension apply for a one year visa which can be converted to a Thai citizen exemption thereafter.

This is the road she has chosen and is in process as I type this.

 

Thanks for all the replies and information.

[Mattd]

Good to hear it is on the way to being sorted, thanks for the update.

[YetAnother]

similar thing happened to a friend of mine; his thai wife was refused entry at swampy; dont recall how they sorted it out but it took quite a while; farang went right thru but they gave her all kinds of trouble

[Evilbaz]

IMHO the starting point to rectify this would be with Immi bosses at the point of entry.

[Guest]

Nss70, I gather the one year visa will go into her foreign passport she used to enter Thailand? If so, will she be treated as a foreign long-term visitor with 90 day (?) reporting to immigrations and reporting of lenghty stays outside of her listed residence?

Sent from my SM-J710F using Thailand Forum - Thaivisa mobile app

[nss70]

@research, at this moment I don't actually know. On Monday I will be accompanying my wife to immigration for completion, hopefully, of the said one year visa. Whatever she forgets to ask, I will!

 

I do assume the same as you unless there is any special dispensation for being a Thai citizen.

[Guest]

Thanks. My wife has a Thai friend who has lived in Thailand for years (since her husband died) and despite having a Thai passport, house, drivers license, Thai I.D. (the works) reports to immigrations every 90 days as she entered Thailand years ago on a foreign passport and got the yearly visa. As she has been living in Thailand on the foreign passport/visa for so long I think she is affraid now to address with immigrations the possibility of her departing Thailand on the foreign passport and reentering on her Thai, as she worries about loosing her citizenship or not being able to reenter Thailand and lose all she owns.  (I know the new constitution will protect her from this but it is still a significant worry.)  Maybe you can get a better insight as to how your wife, in the future, will change over from the foreign passport/one year visa to usage of a Thai passport if she so desires later.

Sent from my SM-J710F using Thailand Forum - Thaivisa mobile app
 

Edited May 20, 2017 by Guest
Post transmitted before completion

[Guest]

In case Dual Nationality comes up the below may be of help,

 

1) New Thai constitution as related to nationaity - http://www.mratchakitcha.soc.go.th/     

 

รัฐธรรมนูญแห่งราชอาณาจักร [พุทธศักราช ๒๕๖๐]                ๖ เมษายน ๒๕๖๐  

มาตรา ๓๙ การเนรเทศบุคคลสัญชาติไทยออกนอกราชอาณาจักร หรือห้ามมิให้ผู้มีสัญชาติไทย เข้ามาในราชอาณาจักร จะกระทำมิได้    การถอนสัญชาติของบุคคลซึ่งมีสัญชาติไทยโดยการเกิด จะกระทำมิได้

 

Section 39    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.

 

 

2) Thai citizen being allowed to hold two passports. (http://www.mfa.go.th/main/en/services/1415/21483-Frequently-Asked-Questions-(FAQs).html} “Can I apply for a Thai e-Passport if I am already holding a foreign  Passport? -Yes, if you are a Thai national, you may apply for a Thai e-Passport. 

 

 

3) Change to the Thai nationality act of 2008 allowing a Thai national to keep their Thai citizenship, giving them the option to renounce their Thai citizenship if they desire to do so.  

http://r.search.yahoo.com/_ylt=A0LEVzzTbSBZmbIA7RdXNyoA;_ylu=X3oDMTEyamhrMjdxBGNvbG8DYmYxBHBvcwM1BHZ0aWQDQjM5NzRfMQRzZWMDc3I-/RV=2/RE=1495326291/RO=10/RU=http%3a%2f%2fthailaws.com%2flaw%2ft_laws%2ftlaw0474.pdf/RK=1/RS=HLMtav79MUs4yxYRGuFaq9t255U-

[BritTim]

5 hours ago, nss70 said:

On Monday I will be accompanying my wife to immigration for completion, hopefully, of the said one year visa. Whatever she forgets to ask, I will!

I am going to suggest a little paranoia here. The issue that concerns me probably have a 1% chance of being real, but I still think it worth outlining it. The non immigrant entry and extension, I believe is being provided under these circumstances

Quote

In the case of a person who used to have Thai nationality or whose parent is or was of Thai nationality visiting relatives or returning to his or her original homeland

I suggest you do not allow your girlfriend to sign anything in Thai before you are quite certain you know what it contains. If immigration suggests something in Thai must be signed before proceeding, just maybe it will be a voluntary renunciation of Thai citizenship so your wife meets the criteria "was of Thai nationality".

 

[ubonjoe]

5 hours ago, BritTim said:

I suggest you do not allow your girlfriend to sign anything in Thai before you are quite certain you know what it contains. If immigration suggests something in Thai must be signed before proceeding, just maybe it will be a voluntary renunciation of Thai citizenship so your wife meets the criteria "was of Thai nationality".

That is not a requirement or a concern. The wording of the police order is not clear and you should note those are or statements.

Many Thai's have applied for the extension for various reasons without a problem.

[Guest]

Nss70, when you have time appreciate an update as to your visit to Immigrations. Thanks.

Sent from my SM-J710F using Thailand Forum - Thaivisa mobile app

[nss70]

Had a few delays on actually getting said visa back into our grubby little mits but we finally have it.

Yes, basically my wife is still being treated as a falang and must do her 90 day reports.

 

As we will be travelling together sometime during the first half of next year this all works out fine for us. Next flights re-entering Thailand we would have cancelled the UK passport visa on departure and present the Thai passport (new and old) coming back in. Any dodgy IO's will have their supervisor called in.  

[phetpeter]

Maybe I am wrong but, I am sure Thai citizens only need to show their ID card to gain entry to Thailand. If they show their Thai Passport which they used to exit the country They cannot nor will they be refused entry back into the country. If immigration refuse a Thai reentry into the country they are breaking the law. It is for Thai's Black and White! Thai's do not have to give up citizenship ever. Perhaps what may be confusing the officer is if she change her surname to yours. It was suggested to my wife to keep her name in Thailand and she has my name in UK. Not a problem, saves on paperwork and her rights to property inheritance in Thailand

Edited May 27, 2017 by phetpeter

[ubonjoe]

9 minutes ago, phetpeter said:

Maybe I am wrong but, I am sure Thai citizens only need to show their ID card to gain entry to Thailand.

A Thai has to have a passport to enter the country. It can be expired and still be used for entry.

The only time a passport is not needed is at some border crossing if they used a border pass to enter the other country.

[Guest]

Nss70, great to hear it worked out for you. Next trip back to Thailand she may wish to first try entry via the electronic gates (nothing to lose). If her biometrics are in the system, welcome home. If not, she will be directed to an IO and with her current and old passport (showing exit stamp) in hand I suspect will have less difficulty this time. As I tell my wife when you talk to an IO you are a Thai citizen returning to Thailand with a Thai passport, any problems be respectful and request to see a supervisor but keep the subject on target and not bring up your foreign passport unless asked ha-ha. Also tell my wife when completing the arrival card the airlines will give passengers prior to landing to use her Thai address, vice hotel we may stay at. Again more proof of residence. Have a great stay and envy your being able to live in Thailand.

Sent from my SM-J710F using Thailand Forum - Thaivisa mobile app