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Home » Reader question » Reader question: Dutch and Thai passport
Reader question: Dutch and Thai passport
Dear readers,
My Thai partner has been living with me in the Netherlands for more than 5 years. Now she also wants a Dutch passport. To do this, she must first be naturalized to Dutch nationality.
She therefore loses her Thai nationality because we are not married.
Question: How difficult or easy is it for her to re-acquire Thai nationality when she returns to Thailand (after my death)?
Kees.
This according to the NATIONALITY ACT BE2508 (1965)
http://www.refworld.org/pdfid/506c08862.pdf
Chapter 3
Recovery of Thai Nationality
__________________________
Section 23. A man or woman of Thai nationality who has renounced Thai nationality in case of marriage to an alien under Section 13 may, if the marriage has been dissolved by any reason, apply for recovery of Thai nationality.
In applying for recovery of Thai nationality, a declaration of intention shall be made before the competent official according to the form and in the manner prescribed in theMinisterial Regulations.
Section 24. A person who had Thai nationality and has lost the nationality, together with his father or mother while not becoming sui juris, shall, if he desires to recover Thai nationality, file with the Competent official an application according to the form and in the manner prescribed in the Ministerial Regulations within two years from the day of his becoming sui juris under Thai law, and the law under which he has nationality.
The granting or refusal of permission for recovery of Thai nationality shall lie with the discretion of the Minister.
Please note because there are improvements or adjustments and I don't know them all, but this one
http://www.burmalibrary.org/docs6/Nationality_Act_(No.4)-2008_(B.E.2551)(en). Pdf
Section 23. A person of Thai nationality born within the Kingdom of Thailand but whose nationality was revoked by Section 1 of the Declaration of the Revolutionary Party No. 337 on the 13th of December 1992 (BE 2535); a person who was born within the Kingdom of Thailand but did not acquire Thai nationality
by Section 2 of the Declaration of the Revolutionary Party No. 337 on the 13th of December 1992 (BE 2535) – including children of persons who were born within the Kingdom of Thailand before this act comes into force and did not acquire Thai nationality under Section 7 bis paragraph one of the Nationality Act 1965 (BE2508) as amended by the Act 1992 (BE 2535) No. 2 – shall acquire Thai nationality
from the day this Act comes into force if the person has evidence by way of civil registration proving a domicile within the Kingdom of Thailand for a period consecutive to the present as well as good behavior, official service, or having done acts to the benefit of Thailand. Persons who have already acquired Thai nationality at the discretion of the Minister before this Act comes into force are exempt.
90 days from the day this Act comes into force, a person possessing the qualifications under paragraph one shall be able to apply for Thai nationality registration in the civil registration system with a district or local registrar at the district of the person's present domicile.
Section 24. Ministerial Regulations, Declarations, Rules or Orders under the Nationality Act 1965 (BE 2508) and the Nationality Act 1992 (BE 2535) 2 shall be effective unless they conflict with provisions in this Act. Upon enactment of Ministerial Regulations, Declarations, Rules or Orders under this Act, previous ones shall be repeated.
Please ignore anything after “Please note as there are improvements or modifications…”.
Those changes have nothing to do with the question.
I read about it too quickly.
Section 23 only says something if she was married and therefore gave up her nationality
No idea if not married. Can't find anything about it right now.
Section 24 may be important in children.
My girlfriend has been living here for 7 years now. She has both Thai and Dutch nationality.
In other words.. a Dutch and Thai passport.
She has had the integration course in Thailand. And obtained her Dutch passport in the Netherlands.
She will also keep her Thai. So I find it strange that your friend could lose her nationality.
“She therefore loses her Thai nationality because we are not married” you write.
The Netherlands cannot take away her Thai nationality. Only Thailand can do that.
Whether this could have consequences for obtaining Dutch nationality could well be the case, but I do not know the Dutch law on dual nationality to answer that...
From the site of the IND sub 'Thailand' :
.
When you acquire Dutch nationality, you automatically lose your Thai nationality. When you become a Dutch national, you must declare to the Thai government that you have become a Dutch national. They will then publish in the Thai Government Gazette that you have lost your Thai nationality. You must then send this publication (or a copy of it) to the IND.
.
(Some exceptions for married couples follow)
.
https://www.ind.nl/particulier/nederlander-worden/landenlijst/Paginas/default.aspx?tab=tz
The Netherlands cannot take away someone's nationality. The Netherlands simply does not have that right.
No country can do that anyway. They have absolutely nothing to say about that.
Thailand can possibly take away your Thai nationality because you have acquired Dutch nationality, but you will have to ask/report this to Thailand yourself.
The Netherlands will not and cannot unilaterally take away your Thai nationality.
If you do not report this to Thailand, you will remain Thai for Thailand.
Consequences may of course be that they refuse to grant Dutch nationality as long as you still have another nationality.
Only a partial story! People who are registered together in the Netherlands have the same status as married people. The text for Thailand states very clearly under 1): "If you have Thai nationality and are married to someone with Dutch nationality, you are not required to renounce Thai nationality (exception category under Article 9, paragraph 3, RWN). ).” In short: a Thai partner can simply retain TH nationality if desired. If not married, as is the case with the questioner, draw up a cohabitation contract with a notary and register it with the municipality. Then enter the procedure for obtaining a Dutch passport.
It may be even more complicated if your Thai partner has two passports, one Thai and one Taiwanese.
Of course, my partner will also return to Thailand after my death. She will be able to get the Thai passport again, but whether she will get the Taiwanese passport again remains to be seen. I think that the Dutch authorities are also not very happy with having multiple passports and multiple nationalities. Thus, a bag full of passports only appears in TV spy series.
It is often said at the municipalities that you have to hand over your Thai passport.
That's just a lie!
Thais do not have to give up their Thai nationality. The reason is inheritance law in Thailand. A Thai cannot inherit land if he no longer has Thai nationality.
Go to the IND site where this is clearly stated. Print it out and bring it to the municipality.
Success!
A Thai does not have to, but it is allowed. If done in this way, the TH nationality can be obtained again later. See, among other things, the answer by RonnyLadProha.
No problem. A friend of ours has recently acquired Dutch nationality. She is Thai, lives in the Netherlands, single and…. she just has her Thai passport, so she kept her nationality.
Exceptions
If you wish to invoke one of the following exceptions, you must clearly indicate which exception category you are invoking when submitting the application for naturalisation. When submitting the request, you must sign a declaration of willingness and demonstrate with documentary evidence that you fall under that exception category. After you have become a Dutch citizen, you can no longer rely on one of the exceptions.
You do not have to renounce your current nationality in the following cases:
You automatically lose your original nationality through naturalization as a Dutch national.
The legislation of your country does not allow loss of your nationality.
You are married to or you are a registered partner of a Dutch national.
You are a minor, i.e. younger than 18 years.
You are a recognized refugee and have an asylum residence permit.
You were born in the Netherlands, the Netherlands Antilles or Aruba, and you are still living here at the time you submit your application.
You cannot be required to contact the authorities of the state of your nationality.
You have special and objectively quantifiable reasons not to renounce your nationality.
You have the nationality of a state that is not recognized by the Netherlands.
In order to renounce your current nationality, you must pay a high amount to the authorities of your country.
You would lose certain rights by renouncing your nationality. As a result, you suffer serious financial damage. Think of inheritance. (that is him)
You must complete (or buy off) your military service before you can renounce your current nationality.
ind.nl/particulier/nederlander-worden/landenlijst/paginas/exceptiondistance.aspx
Has nothing to do with it! The Dutch government recognizes the fact that a TH person does not have to renounce his/her nationality. That is allowed, but not necessary. In the country list at TH you can read that: “If you have Thai nationality and are married to someone with Dutch nationality, you are not required to renounce Thai nationality (exception category under Article 9, paragraph 3, RWN). ” It may be that a municipal official is not aware, but that can be corrected!
My wife also has a Thai and Dutch passport. When you accept the Dutch passport, you will be given a form that you must complete, with the question; “When you accept the Dutch passport, you lose the Thai passport, yes or no.” Enter no here.
If you traveled to Thailand, leave the Netherlands with your Dutch passport and enter Thailand with your Thai passport.
You can also get married in Thailand
Should you and your girlfriend come to Thailand
Have your documents translated into Thai
Then to Thai town hall
Then have your documents translated into English again
To the town hall in your place of residence
Then apply for a passport
Then she will also keep the Thai nationality
you just have to marry her, then she can keep her Thai passport.
That is not true! In NL cohabitants and married couples have the same legal status. A partnership registered with the municipality is sufficient.
Interesting subject.
Answer to Keith's question.
If your girlfriend loses all her Thai nationality if she also becomes a Dutch national, she can regain Thai nationality later.
But then this:
Who has experience with this? First see Leendert's reactive above:
You do not have to renounce your current nationality in the following cases:
You are married to or you are a registered partner of a Dutch citizen.”
Okay, as a Thai you also become a Dutch citizen on the basis of this rule, at the time of acquiring Dutch nationality, the Thai woman is married, so she can keep her Thai nationality.
Now a divorce follows, after which the Thai woman goes to live in Thailand and applies for a new Dutch passport due to the expiration of her Dutch passport.
Does the woman get it without any problems, or does she not get it? she is no longer married, but still has a double passport, which seems to be difficult to do at the regional office in Kuala Lumpu.
Anyone experience that?
Thanks for a response.
Nico B
Just don't wake up sleeping dogs… Go to the Thai embassy in The Hague and they will explain it to her in great detail.
In the Netherlands, a minimum of 5 years is considered unmarried in the Netherlands and 3 years if married. With an integration diploma in your pocket, submit a request to your municipality of residence. Takes about 3 to 6 months before it pleases His Royal Highness. She can then obtain the Dutch nationality and keep the Thai is already jqren so. Some municipalities are having problems with this. The IND is very clear about this. CAN NOT
It is remarkable that the Dutch government 'discourages' having dual nationality while at the same time, in its immense wisdom, it has decided not to register this anymore.
This country also has its quirks.
“Of all residents with Dutch nationality, 1,3 million also have another nationality. This was apparent during the last measurement on 1 January 2014. Since then, a second nationality has no longer been recorded. CBS reports this.
1,3 million Dutch people with multiple nationalities
On 1 January 2014, there were 1,3 million Dutch people with one or more other nationalities. That is an increase of 3 percent, the same as in previous years. A quarter of them also had Moroccan and a quarter Turkish nationality. The other half is very diverse. This figure is also the last available on dual nationalities, because since the new law on the Personal Records Database (BRP) was introduced, the possible second nationality of Dutch people is no longer registered.”
Source: CBS, August 4, 2015.
Why not just get married, or registered partnership?
Shouldn't be a problem if you've known each other for so long, right!
grsj
I also know an acquaintance who had renounced her and applied for a passport in Thailand again the following year because of her property, land and house. She simply received this in Thailand, so I would give it a try. And yes, a visa with a Dutch passport, if married in the Netherlands or have registered from the BKK embassy, then your wife can have 2 passports and no visa is required to travel with a Thai passport.
hendrik
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