Dear readers,
My question is related to my son, I hope someone here can advise me. My son is 17 (September 18), his father has Thai nationality and is living (again) in Thailand (he has let his Dutch nationality expire, so he had dual nationality). I am Dutch and live in the Netherlands with my son.
My son has Dutch nationality and more than a year ago he received his Thai birth certificate with which he wants to apply for his Thai ID card and passport. Applying for his Thai birth certificate (and therefore Thai nationality, right?) went without any problems after following a kind of 'relay procedure' along all offices in Bangkok, Phuket and Surathani…
Ask:
- With this Thai birth certificate, can my son now apply for his ID card and passport at the local Thai municipality (Suratthani)?
- Does this have to be done before he is 18 years old? Is a person an adult under Thai law at 18?
- What are the chances that he will be called up for military service? Something he himself has a positive attitude towards, despite the fact that he does not speak Thai and would probably be rejected (he has Asperger's syndrome).
His father wants to give him a house and give him inheritance rights over the other houses and plantations. For this it is therefore necessary that he has the Thai nationality.
My son does not yet know whether he actually wants to live in Thailand, but because I can no longer take care of him at the age of 18, it is helpful that he is free to go to his father and his Thai family without visa arrangements, etc. when he needs it.
Who can give me more clarity about our situation?
Greetings,
Sandra
Sandra I think it is possible, under Dutch law, to have 2 nationalities if you were entitled to it at birth. If your son applies for Thai nationality after he comes of age, he will certainly lose his Dutch nationality. Since this has important consequences, I would like you to visit the civil affairs department of the municipality and / or engage a lawyer who is well aware of this matter. Also in Thailand.
Someone who has a foreign nationality and wants to become a Dutch citizen, in principle loses his foreign nationality, unless legislation in his country of birth prevents that nationality from being lost – think of Morocco, for example – and if the loss of his original nationality also means loss of inheritance rights. In those cases, a foreigner may retain his original nationality if he becomes a Dutch citizen.
Thailand also falls under this, so just like Morocco. A Thai never loses his nationality. My wife has a Dutch passport and also lives in the Netherlands, she is also registered at an address in Thailand, every time her Thai passport / ID card has expired and she is in Thailand, she has it renewed, no problem.
A Thai can certainly lose his nationality, but can also regain it. See the nationality legislation to which I have already given reference elsewhere below. There you will find a series of articles regarding the loss, acquisition and recovery of Thai nationality.
Dear Sandra,
As soon as your son takes on Thai nationality, he will lose his Dutch nationality. I think he should first see what life is like with his Thai father. He can always choose later.
In addition, as an adult (over the age of 18), he is entitled to social assistance benefits.
So there are more options.
Greeting.
Antonius
Not if he is quick, a minor does not lose his Dutch nationality when taking on another nationality.
In addition, there are other exceptions, including:
“You lose certain rights if you renounce your nationality. For example, you lose a lot of money because inheritance law no longer applies to you.”
See:
- https://ind.nl/paginas/afstand-nationaliteit.aspx
Dear Sandra,
No, he will not lose his Dutch nationality.
As long as he renews his passport, he is just a Dutchman.
Yours faithfully,
Erwin
That embassy employee doesn't know the law. Multiple nationality is a gray area for Thailand. Thailand does not prohibit dual nationality, but does not recognize dual nationality either, it is indeed allowed but is therefore complicated:
Nationality Act, (No.4), BE 2551 (=year 2008)
Chapter 2. Loss of Thai Nationality.
(...)
Section 13.
“A man or a woman of Thai nationality who marries an alien and may acquire the nationality of the wife or the husband according to law on nationality of his wife
or her husband may, If he or she desires to renounce Thai nationality, make a declaration of his or her intention before the competent official according to the form and in the manner prescribed in the Ministerial Regulations.”
Source: http://www.refworld.org/pdfid/506c08862.pdf
+ the thousand and 1 topics about dual nationality on this blog. 😉
If I understand correctly, you now live in the Netherlands? If so, you must apply for a Thai passport for him at the Thai embassy in The Hague. My daughter also received Thai nationality when she turned 16 (born in the Netherlands) and now has dual nationality. I don't think anything else is passed on to the Thai government about dual nationality.
greetings and good luck Raymond
Also note the call for conscription in Thailand if he has received his Thai nationality.
It is unclear whether your son was born in Thailand. If he was born in Thailand, he runs the risk of being called up for his Thai national service.
His Thai father wants to transfer real estate to him or have it inherited only upon death.
Should the choice fall for NL and not Thai nationality as an extra, he has one year after the death of his father to sell the property. It's unclear to me what happens if it doesn't happen within a year. will it then be transferred to the thai government? Maybe someone here on this blog knows what happens then.
Dear Sandra,
Question 1 is, no
Question 2 is, before they turn 18, the legal mother or father will have to come along for the application.
Question 3 is, he can be called up, but this depends on which surname he is registered with
is in Thailand. If the Thai name of the registered boy is from the Thai mother or father, then the chance is high.
If the name of a foreign father or mother is registered in Dutch, he can do it himself
choose.
Always the black ball (joke).
Yours faithfully,
Erwin
Dear Erwin, do you have a source for point 3? It seems to me that they are calling Thai young adult men who are registered as residents at an amphur (district office, town hall). To further filter Thai men whether the name is 'Thai' or 'not Thai' would be... remarkable..
In short: if you are Thai but not registered in Thailand with a home address, there is no lottery to do on the amphur and therefore no conscription. But until now I have never seen any official source or unofficial translation of an official source on this. And those who know me: I like to see sources so that the correctness of a claim can be assessed.
According to Thai law, you are not an adult until you are twenty. Before that, father and mother, or the guardian after a divorce, as in my case, must sign.