Foreigners do not have the right to vote, or become a candidate, or participate in Thailand’s politics according to the Constitution of the Kingdom of Thailand. Foreigners do not have the right to work in Thailand unless they follow the Alien Work Act. Foreigners do not have the right to do business in Thailand unless they follow the Alien Business Act. Foreigners do not have the right to own land in Thailand unless they invest their money the Kingdom (at least 40 million baht) and get approval from the Minister of Interior for such investment. Then such foreigners can own land only for residential purposes, but not more than one rai, according to the Land Code and the Ministerial Regulation.
Foreigners do not have the right to own a Condominium in Thailand unless they follow the Condominium Act.
Therefore, it is fair to say that the rights of foreigners are heavily restricted in Thailand.
To avoid these limitations, foreigners may seek to become a Thai national and, if successful, they can benefit from the same rights as Thai citizens.
The following are the ways in which a foreigner can become a Thai national:
Naturalization is defined in Sections 10, 11 and 12 of the Nationality Act, B.E.2508 (1965). Section 10 is the general qualification while Sections 11 and 12, paragraph 2, define the exceptions. A foreigner who has qualifications according to Section 10 of the Nationality Act, B.E.2508 (1965), as per below, can apply for naturalization.
(1) Having become a legally recognised adult in accordance with Thai law as well as being a legal adult in their own country.
(2) Having good behavior.
(3) Having a regular occupation.
(4) Having a domicile in the Thai Kingdom for a consecutive period of not less than five years prior to the date of filing the application for naturalization.
(5) Having the ability to speak, listen and understand the Thai language as prescribed in the Regulations.
Under the exception of Section 11 of the Nationality Act, B.E.2508 (1965) a foreigner needs only one of the following qualifications as listed below to apply for naturalization, in addition to conditions (1), (2) and (3) of Section 10.
(1) The person has rendered distinguished service to Thailand or has done acts to the benefit of official service which are deemed suitable by the Minister.
(2) The person is a child, wife or husband of a person who has been naturalized as a Thai or has regained their Thai nationality.
(3) The person used to have Thai nationality.
(4) The person is a husband of a Thai national.
Under the exception of Section 12 paragraph 2 of the Nationality Act, B.E.2508 (1965), foreigners who apply for naturalization can also apply for their children who are not a legal adults in accordance with Thai law, but have a domicile in Thailand in addition to condition (2) of Section 10.
Section 12 of the Nationality Act, B.E.2508 (1965) states that foreigners who apply for naturalization can file an application with the competent official according to the form and in the manner prescribed in the Ministerial Regulations. The granting or refusal of permission for naturalization as a Thai rests upon the discretion of the Minister. In case the Minister deems it appropriate to grant permission, he shall submit the matter to H.M. King for Royal Sanction. After the Royal Sanction, the applicant shall make an affirmation of loyalty to Thailand. After publication in the Government Gazette under Section 5, the competent official shall issue a certificate of naturalization to the foreigners as evidence.
The Ministerial Regulations B.E. 2510 (1967) according the Section 10 and 12 of the Nationality Act, B.E.2508 (1965), says if a foreigner who applies for naturalization has a domicile in Bangkok Thailand, they shall file such application with a Public Security Police Commander. If a foreigner has a domicile in another province, he or she shall file such application with a Superintendent of such province.
The fee to apply for naturalization is 5,000 baht and to apply for naturalization for their child (one person) is 2,500 baht each time. The fee of a certificate of naturalization is 500 baht.
Without having to apply for naturalization, a foreign woman who marries a Thai man can file an application for acquiring Thai nationality with the competent official according to the form and in the manner prescribed in the Ministerial Regulations. The granting or refusal of permission for acquisition of Thai nationality shall lie with the discretion of the Minister according to the Section 9 of the Nationality Act, B.E.2508 (1965).
Practically speaking, it is not that easy for foreigners to become a Thai national under this process, even though the process may appear straightforward from the above description.
There are often delays in the processing time and there are many documents that may be requested in addition to the basic pack of first application documents. There is also an interview process which may be repeated several times.
Contact info:
By Desmond Hughes (Senior Partner) and Kochakorn Suwannachuen (Paralegal), of Hughes Krupica.
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Marine; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia.
www.hugheskrupica.com
Contact info:
By Desmond Hughes (Senior Partner) and Kochakorn Suwannachuen (Paralegal), of Hughes Krupica.
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Marine; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia.
www.hugheskrupica.com
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