18 August 2009
Amendment to the Nationality Act 2008 As
Published in the Government Gazette, Vol.125, on 27 February 2008
The significant amendments to the Nationality Act are as follows:
1. Concerning a person who acquires Thai nationality by birth from a father or mother of Thai nationality, the word “father” shall include a person proved to be the father of the child in accordance with the procedures prescribed under the Ministerial Regulation. This applies even if such person has not registered his marriage with the child’s mother nor registered his paternity. (Section 7)
2. According to the amendment to the Nationality Act, a person requesting change to Thai nationality does not need to fulfill the following requirements under section 10 (4) and (5) and stated in Section 11 (2) and (4) as follows:
- The person is a child, wife or husband of a person who has become a Thai naturalized citizen or a person who regains Thai citizenship.
- The person is the husband of the person whose nationality is Thai.
According to section 10 of the Nationality Act, an alien who may request change to Thai nationality must fulfill the following requirements:
- Section 10 (1): Be legal adults according to Thai law and the law of that person’s nationality.
- Section 10 (2): Maintain good behavior.
- Section 10 (3): Hold stable occupation.
- Section 10 (4): Have continuous domicile in the kingdom of Thailand for not less than 5 years up to the date of filing a request for change of nationality.
- Section 10 (5): Possess knowledge of the Thai language as defined in the Ministerial Regulation.
3. Another person may apply for Thai naturalization on behalf of a non-Thai nationality person having residence in Thailand under section 12/1 in the following cases:
- A guardian may apply for Thai naturalization for an incompetent person upon evidence that the person was born in the Kingdom of Thailand. In this connection, such person shall be exempt from the requirements under section 10 (3) and (5). In addition, the Minister may exempt him/her from taking an oath.
- A guardian of a government foster home who has received consent for change to Thai nationality from a minor may apply for Thai naturalization for such minor under the care of the foster home for a period of not less than 10 years. In this connection, such minor shall be exempt from the requirements under section 10 (1) and (3).
- A Thai national who has adopted a child may apply for Thai naturalization for his/her adopted minor child if the Thai national has registered the adoption for a period of not less than 5 years and bears evidence that the adopted child was born in the Kingdom of Thailand. In this connection, such adopted child shall be exempt from the requirements under section 10 (1) and (3).
4. A person who acquires Thai nationality because of having been born in the Kingdom of Thailand with a father or mother of a foreign nationality may have his/her Thai nationality revoked under section 17 if it appears that:
- Such person lives in a foreign country of which his/her mother or mother is a national or was a national for a consecutive period of over 5 years from the date of reaching his/her legal age.
- There is evidence indicating that such person is using the nationality of his/her father or mother or such other nationality or engrossed in the nationality of his/her father or mother or such other nationality.
- Such person has committed any acts adversely affecting national security or conflicting with state interests or insulting the nation.
- Such person has committed any acts contradictory to public peace and order as well as good morality.
The revocation of Thai nationality under (1) or (2) shall be by order of the Minister, while revocation of Thai nationality under (3) or (4) shall be by court order through request of the public prosecutor.
5. A man or woman who possesses Thai nationality and subsequently relinquishes his/her nationality in the event of marriage to an alien to acquire the nationality of his/her spouse according to the national law of the spouse, if his/her marriage to that spouse has been dissolved for whatever reason, such person may regain Thai nationality. (Section 23