Thailand’s Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992) : Chapter 1. Acquisition of Thai Nationality

The English version is from http://www.ibiblio.org/obl/docs3/THAILAND's_Nationality_Act.htm

Thailand’s Nationality Act B.E. 2508 as amended by Acts B.E. 2535 No. 2 and 3 (1992)

Given on the 21st day of July, B.E. 2508 (1965) Being the 20th Year of the Present Reign.His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:  

Whereas it is expedient to revise the law on nationality,

Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly in the capacity of the National Assembly, as follows. 

Section 1. This Act shall be called the "Nationality Act, B.E. 2508" 

Section 2. This Act shall come into force on and from the day following the date of its publication in the Government Gazette. Section 3. The following shall be repealed:

(1)        The Nationality Act, B.E. 2495;

(2)        The Nationality Act (No. 2), B.E. 2496;

(3)        The Nationality Act (No. 3), B.E. 2499;

(4)        The Nationality Act (No. 4) B.E. 2503. 

Section 4. In this Act:

"Alien" means a person who does not have a Thai nationality;

"Competent official" means the person appointed by the Minister for the execution of this Act;

"Minister" means the Minister taking charge and control of the execution of this Act. 

Section 5. The acquisition of Thai nationality under Section 9 or 12, the loss of Thai nationality under Chapter 2, or the recovery of Thai nationality under Chapter 3, shall be effective upon its publication in the Government Gazette and shall have an individual effect. 

Section 6. The Minister of Interior shall take charge and control of the execution of this Act and shall have the power to appoint competent officials and to issue Ministerial Regulations fixing fees not exceeding the rates annexed to this Act, and to exempt any person as he thinks fit from fees for the following:

(1)   Application for naturalisation as a Thai;

(2)   Certificate of naturalisation as a Thai;

(3)   Application for recovery of Thai nationality. Such Ministerial Regulations shall become effective upon their publication in the Government Gazette. 

Chapter 1. Acquisition of Thai Nationality 

Section 7. The following persons acquire Thai nationality by birth: 

(1) A person born of a father or a mother of Thai nationality, whether within or outside the Thai Kingdom;

(2) A person born within the Thai Kingdom except the person under Section 7 bis paragraph one. 

Section 7. bis A person born within the Thai Kingdom of alien parents does not acquire Thai nationality if at the time of his birth, his lawful father or his father who did not marry his mother, or his mother was:

(1)         the person having been given leniency for temporary residence in Kingdom as a special case;

(2)   the person having been permitted to stay temporarily in the Kingdom;

(3)   the person having entered and resided in the Thai Kingdom without permission under the law on immigration.   

In case the Minister deems it appropriate, he may consider and give an order for each particular case granting Thai nationality to any person under paragraph one, in conformity with the rules prescribed by the Cabinet. 

The person who is born within the Thai Kingdom and has not acquired Thai nationality under paragraph one shall be deemed to have entered and resided in the Thai Kingdom without permission under the law on immigration unless an order is given otherwise according to the law on that particular matter. 

Section 8. A person born within the Thai Kingdom of alien parents does not acquire Thai nationality, if at the time of his birth, his father or mother was:

(1)  Head of a diplomatic mission or a member there of;

(2)   Head of a consular mission or a member there of;

(3)   An officer or expert of an international organisation;

(4)   Member of a family, either as a relative under patronage or servant, who came from abroad to reside with the person in (1), (2) or (3).  

Section 9. An alien woman who marries a person of Thai nationality shall, if she desires to acquire Thai nationality, 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 acquisition of Thai nationality shall lie with the discretion of the Minister. 

Section 10. An alien who possesses the following qualifications may apply for naturalisation as a Thai:

(1)  becoming sui juris in accordance with Thai law and the law under which he has nationality;

(2)   having good behaviour;

(3)   having regular occupation;

(4)   having a domicile in the Thai Kingdom for a consecutive period of not less than five years till the day of filing the application for naturalisation;

(5)   having knowledge of Thai language as prescribed in the Regulations. 

Section 11. The provisions of Section 10 (4) and (5) shall apply if the applicant for naturalisation as a Thai;

(1)   has rendered distinguished service to Thailand or has done acts to the benefit of official service, which is deemed suitable by the Minister;

(2)   is a child or wife of a person who has been naturalised as a Thai or has recovered Thai nationality; or

(3)   is one who used to have Thai Nationality.  

Section 12. Any person being desirous of applying for naturalisation as a Thai, shall file an application with the competent official according to the form and in the manner prescribed in the Ministerial Regulations. 

Should the applicant for naturalisation as a Thai, under paragraph one, have children who are not sui juris in accordance with Thai law, and who have a domicile in Thailand, he may concurrently apply for such naturalisation for his children. In this case, such children shall be exempt from possessing the qualifications under Section 10 (1), (3), (4) and (5). 

The granting or refusal of permission for naturalisation as a Thai shall lie with the discretion of the Minister. In case the Minister deems appropriate to grant permission, he shall submit the matter to the King for Royal Sanction. After the Royal Sanction, the applicant shall make an affirmation of loyalty to Thailand.

A person who has been naturalised as a Thai is entitled to apply for a certificate of naturalisation as a Thai.