Dual Citizenship in Thailand

What are the categories?

Dual citizenship in Thailand can be categorized based on the method of acquisition. Understanding these categories is essential for individuals seeking to navigate the complexities of holding dual nationality in Thailand.

1. By Birth

• Type 1: When a person acquires citizenship by being born within the territory of a country. In Thailand, this principle applies under certain conditions:
  • Born to Thai Parent(s): If a child is born in Thailand and at least one parent is a Thai national, the child automatically acquires Thai citizenship. This applies regardless of the nationality of the other parent.
  • Born to Foreign Parents: Children born in Thailand to foreign parents do not automatically acquire Thai citizenship unless specific conditions are met, such as the legal status and residency of the parents.

• Type 2: When the citizenship is not determined by the place of birth but by having one or both parents who are citizens of the state. This principle applies as follows:
  • Born Abroad to Thai Parent(s): Children born outside Thailand to at least one Thai parent are entitled to Thai citizenship. The parent must report the birth to the Thai consulate or embassy in the country of birth and provide the necessary documentation to confirm the child’s Thai nationality.

2. By Marriage:

• Foreign spouses of Thai nationals have the opportunity to acquire Thai citizenship through marriage. However, this process involves several legal steps and does not automatically grant dual citizenship. The procedure includes:
  • Naturalization Process: The foreign spouse must apply for Thai citizenship through naturalization. This involves living in Thailand for a specified period, demonstrating knowledge of the Thai language, and proving financial stability.
  • Legal Requirements: The foreign spouse must meet certain legal criteria, including a valid marriage to a Thai citizen, a clean criminal record, and fulfilling residency requirements.
  • Retention of Original Nationality: Depending on the laws of the foreign spouse’s home country, they may be able to retain their original nationality while acquiring Thai citizenship, thus becoming a dual citizen.

3. By Naturalization

•  Foreigners who wish to become Thai citizens can do so through naturalization. This category includes individuals who meet the following criteria:
  • Residency Requirements: Applicants must have resided in Thailand for a continuous period, typically five years, and hold a permanent residence permit.
  • Language Proficiency: Demonstrating proficiency in the Thai language, both spoken and written, is a crucial requirement for naturalization.
  • Financial Stability: Applicants must show evidence of financial stability, such as a steady income or substantial savings.
  • Legal Compliance: Maintaining a clean legal record and adhering to Thai laws and regulations is essential throughout the naturalization process.
  • Retention of Original Nationality: If the applicant’s home country allows dual citizenship, they can retain their original nationality while acquiring Thai citizenship. This results in dual citizenship status.

Can you retain dual citizenship in Thailand as an adult?

There is a common misconception that children with dual citizenship in Thailand must choose one citizenship upon reaching the age of 20. This misunderstanding originates from outdated legislation that required such a decision. However, the law changed in 1992, eliminating any penalty or obligation to renounce other citizenships. As a result, under current Thai law, individuals with dual citizenship are no longer required to choose between their nationalities when they turn 20.

Considerations for children with dual citizenships

For children holding dual citizenship in Thailand, special considerations apply. Parents must be aware of the legal requirements and obligations in both countries. Ensuring compliance with nationality laws can prevent potential issues related to military service, taxation, and travel restrictions as the child grows older.

1. Legal Obligations

• Military Service: Male children with dual citizenship may be required to complete compulsory military service in Thailand.
• Taxation: Parents should be aware of potential tax obligations in both countries and plan accordingly to avoid legal issues.

2. Travel Considerations

• Passports: Dual citizens should carry passports from both countries to facilitate international travel and comply with entry and exit requirements.
• Visa Requirements: Ensure that the child meets visa requirements for both countries, particularly if traveling alone or with one parent.

Procedures and benefits when traveling 

Traveling with dual citizenship in Thailand can offer significant convenience, but it also requires careful planning and awareness of legal requirements in both countries. Dual citizens should be mindful of the documentation needed for travel and the potential legal implications of holding multiple nationalities.

• Entry and Exit Procedures: Dual citizens of Thailand and another country must navigate specific entry and exit procedures:
  • Entering Thailand: Dual citizens should use their Thai passport to enter and exit Thailand. This simplifies the immigration process and ensures compliance with Thai law.
  • Traveling Abroad: When traveling internationally, dual citizens can use their foreign passport to enter and exit other countries. This often makes visa requirements and international travel more convenient.

• Benefits of Dual Passports:
  • Visa-Free Travel: Dual citizens can benefit from visa-free or visa-on-arrival access in multiple countries, depending on the passports they hold.
  • Simplified Immigration Procedures: Using the appropriate passport for each country ensures smoother immigration procedures and avoids potential legal issues.
  • Flexibility: Having dual passports can provide greater flexibility in travel plans, allowing dual citizens to choose the most advantageous passport for different destinations.

Navigating dual citizenship in Thailand involves understanding the intricate legal landscape and making informed decisions. Whether by birth or through other circumstances, maintaining dual citizenship requires careful consideration of both Thai law and the laws of the other country involved. For those seeking to understand their rights and obligations under dual citizenship Thailand, contact Benoit & Partners. We can provide guidance and personalized assistance to help you navigate the complexities of dual citizenship.