Thailand Law Library

by Thailand Lawyer

Chapter 1: Acquisition of Thai Nationality

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.

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.

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 thereof;
2. Head of a consular mission or a member thereof;
3. An officer or expert of an international organization;
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).

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.

An alien who possesses the following qualifications may apply for naturalization as a Thai:

• becoming sui juris in accordance with Thai law and the law under which he has nationality; having good behavior;
• having regular occupation;
• 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 naturalization;
• having knowledge of Thai language as prescribed in the Regulations.

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

• has rendered distinguished service to Thailand or has done acts to the benefit of official service, which is deemed suitable by the Minister;
• is a child or wife of a person who has been naturalized as a Thai or has recovered Thai nationality; or
• is one who used to have Thai Nationality.

Any person being desirous of applying for naturalization 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 naturalization 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 naturalization 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 naturalization 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 naturalized as a Thai is entitled to apply for a certificate of naturalization as a Thai.