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Arkady

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  1. Normally takes at least 2 or 3 months after the oath. If you have a good relationship with your case officer at SB, he or she will give you a heads up when the announcement is published. I was checking the RG about once a week and spotted mine a couple of days before SB called.
  2. As far as I know that is correct. There are definitely husbands and wives who apply together (there was one such Chinese couple in my interview batch at the MoI) but they must both be working and have PR. The wife could wait and apply later on the basis of her husband but I suppose some are happy to go through it all together and get it over with. I have seen several announcements in the RG of people who were obviously husband and wife, rather than father and daughter, going by the "Nang" title, rather than "Nangsao". A lot of the Asian applicants are also running their own businesses which makes it easier to maintain work permits. Oddly enough I can't ever recall seeing an announcement of a woman getting Thai nationality on her own merits without applying at the same time as her husband. I suppose there must be cases though. I did know a single Swiss lady who was born in Thailand (before 1971) and spent two years claiming her Thai nationality as a birthright, overcoming all the obstacles that were thrown in her path.
  3. No males announced in the RG so far this year, as far as I can see but a reasonable batch of women with Thai husbands approved under Section 9 (about 80 at a rough glance). Last year it looked like about 170 people were approved for naturalisation under Section 10, which included a sizeable batch in December. The naturalisation approvals are mainly males but include some women who usually apply along with their husbands or fathers. I would guess your lawyer is right and a new batch of Section 10 announcements should be coming soon. Fingers crossed. If members want to search for citizenship announcements, go into the RG website search page http://www.ratchakitcha.soc.go.th/RKJ/announce/search.jsp. Paste ได้สัญชาติไทย (obtained Thai nationality) into the top search field. Click on the command above that that says เริ่มการค้นหา ( start search) above that. Go to the last page of announcements which should be the most the recent ones. Most of the announcements will be what you are looking for but there will also be some announcements of large batches of stateless persons getting citizenship, recognisable from the fact that most already have Thai names and have addresses in border provinces, such as Tak, Trat and Ranong.
  4. Ubonjoe is right. There are annually renewable MOAs in place with neighbouring countries that allow their citizens to work in Thailand doing various types of manual labour, including domestic work. The Labour Ministry will not issue work permits to citizens of other countries to do this type of work. Period. Filipinos, as ASEAN citizens are supposed to be able to be freely employed in 6 professions which include medicine, accounting and auditing but in practice they are blocked from these professions because their qualifications are not recognised yet and the local professional organisations have convinced the government to insist that ASEAN citizens in the 6 professions need to pass exams in Thai. If you have a company, you may be able to put the Fililipina on the books in some other capacity, if she has some qualifications. Otherwise you will have more luck legally employing a Thai or someone from a neighbouring country.
  5. You mean foreigners can't own land in Thailand. I am a farang and I legally own over 90 rai!
  6. Sanith said his department would stop issuing paper driving licences on August 15. Does anyone know what this refers to? I have not seen anything other than plastic licences with magnetic strips for over 10 years. Is he referring to one year licences for new drivers? Sounds like this press release was an old re-released by mistake, except the QR code must be new.
  7. I agree. Providing children with a decent education and attitude, so they can earn their own living is the best you can do for them. I have seen quite a few farangs and Thais whose lives were practically ruined because of expectations that their parents would help them either while still alive or through inheritance. They didn't exert themselves to the fullest and often their expectations were disappointed due to long illnesses by parents and other unforeseen events. Good to hear that your investment in Lanta is doing well.
  8. You still need to sing the National and Royal Anthems if you apply on the basis of permanent residence but not, if you apply on the basis of having a Thai spouse. I have a Thai wife but had to sing anyway because we had not registered our marriage for the requisite three years for me to qualify from the exemption. It was quite an experience singing unaccompanied into a mic in front of 30 senior civil servants. Getting the Royal Anthem right was a lot harder than the National Anthem.
  9. I am not sure this will work. The Land Code only recognises leases of no more than 30 years which means there has been no need to develop any detailed leasehold law, unlike the UK where there are 999 year leases which have created a fine legal infrastructure. In Thailand an incumbent lease is not necessarily binding on a new owner because he can argue that under the Civil and Commercial Code he is not a party to the agreement. Usufruct is better because it there is precedent in the Supreme Court (not that precedents are always binding in Thai courts) upholding the rights of someone who subleased land for 30 years from a lifetime usufructee who died. The court upheld the rights of the lessee to enjoy the balance of the 30 year lease (it is discussed on the excellent Samuiforsale website) but I can't tell you whether the lessee did enjoy that free from harassment or threats. One of the important legal points that needs to be understood is that in disputes over ownership or leases the courts will normally only take into account the bare bones of what is registered at the Land Dept which is not much, normally just that the property is encumbered with a mortgage, lease or usufruct to another party who is listed on the title deed. Fine details are usually in the contracts between the parties which are not registered by the Land Dept. This doesn't mean that the contracts are worthless but it means that a party who believes that he has suffered from a breach of the contract has to seek remedy for damages in the civil court. In these cases the civil court will not usually be able to force the Land Dept to reinstate a lease or sub-lease but will award damages based on their view of the economic damage caused, which is often much less than what the plaintiff requested. The courts can also award legal costs but this is done according to their scales which are usually only a fraction of lawyers' fees incurred. In any event subleases on a Thai property, even if they were respected by the owner, would be of little use to people living overseas.
  10. I have a proper light blue ID card. I went through all the trials and tribulations over many years to get first permanent residence and then Thai citizenship. Nowadays it is a lot easier, if you have a Thai wife, because, since 2008, you don't have to get permanent residence first or even be competent in the Thai language. The key thing though is that you have to be working in Thailand with a work permit and paying tax on a salary of at least B40k a month, if you have a Thai wife (B80k if you don't have one). That is because the Nationality Act specifies that an occupation in Thailand is needed. Anyone interested can find tons of information here .
  11. You can mandate in your wills that the property is to be sold and the proceeds to be shared between the four designated heirs. However, you will need to appoint an executor you can have absolute confidence will put this into effect according to your wishes and that the will be not be successfully contested by your Thai heir or any statutory heirs, or that the executor will simply ignore your foreign heirs. Things being what they are in Thailand this might be difficult and it would be difficult and expensive for your three British heirs to contest it in the Thai courts, if things didn't go according to your plan. If you have sufficient assets in the UK or elsewhere outside Thailand, it would be a neater solution to leave the Thai property to your Thai heir and leave non-Thai assets to your British heirs
  12. The way things work in Thai bureaucracy individual land offices, like district offices, seem to have or take for themselves a look of discretion in how to interpret regulations and appealing against their decisions is not easy. Some of them even refuse to do usufructs for foreigners and there is little you can about that. I had a usufruct on my land and house that was in my wife's name and I wanted to add my name as a joint owner after I got my ID card. Since I had paid the lawyer good money to get the usufruct and was only going to become a joint owner, following negotiations with Mrs Arkady, I asked to leave the usufruct in place and Mrs Arkady had no objection to that. The land officer refused on the grounds that they would not transfer land with an outstanding usufruct on it. I took it up to the next level of supervision and got the same answer. No one suggested the problem was that I would be joint owner and usufructee, although I could see they might think that irregular. The objection seemed to be simply that they didn't want to transfer land with an outstanding usufruct, even though, as you point out, there is no law or regulation preventing that and a number of precedents where it has been done. Perhaps they believe and/or have had experience that transferring land were incumbent usufructs can lead to problems. It is not hard to see this happening, as why would a new owner in normal circumstances not want to try to cause problems for the usufructee to try to force him or her to leave and give up their rights, specially if the usufructee is a farang? Thus they might simply be trying to protect the rights of usufructees. Anyway I didn't push this any further than the supervisor level, since I got to be joint owner which is a higher claim than usufructee. Going any further or demanding full ownership would have created bad will with Mrs Arkady and in the case of full ownership would have doubled my tax bill. That was my experience. Your mileage with Thai bureaucrats may differ. If you want to know the current practice in your land office, you can always go and ask them or send a lawyer or other representative to do that. They are surprisingly open to such enquiries. That wouldn't prevent policy from changing with a new chief but no one can look into the future. As an aside, transfers from spouse to spouse theoretically incur only a nominal tax charge and I had prepared this nominal amount when we went to the land office. To my disgust the officials said they could not extend the concessionary rate to me because I was not a Thai citizen at the time of the purchase. I had to return the next day with a larger wad of cash. I thought this was very strange but later we did a similar transaction in another land office with a piece of raw land I had invested in and wanted to become a joint owner of and got exactly the same response.
  13. I don't have any personal experience of this but my understanding is that the only sanction available to the Land Dept under the Land Code is to hand the land over to the Legal Execution Dept to sell at public auction. That is the same process for land that a foreigner is found to have acquired land through a Thai nominee. This sanction is rarely applied, even in the case of foreigners who willfully violate the Land Code, so I doubt it would be applied with excessive harshness in the case a reasonable delay in selling a deceased spouse's property. Thus I doubt that anything would happen, if the property were sold a few months after the 12 months deadline, particularly, if I am right in thinking that the only sanction available to the Land Dept would be to sell the property anyway. I also imagine that the legal procedure for handing over property to the Legal Execution Dept takes a very long time. The intent seems to be prevent the foreign spouse of a deceased Thai property owner from leaving the property in the estate indefinitely, so that he or she can effectively own the property as executor of the estate. If you should find yourself in this unfortunate situation, I would advise talking to a decent lawyer and/or to the Land Dept directly to find out if there is any flexibility and whether it would be necessary to apply for an extension in advance.
  14. I don't think the Thai spouse's background makes much difference really, particularly under the current regime that has got through the backlog and speeded up the process. A large part of the backlog left by the Yingluck and earlier governments comprised foreign women from neighbouring countries living in the provinces. Without being snobbish it would be realistic to assume that many were foreign labourers who had probably married Thai men of modest circumstances. The military government approved all that complied with the regulations. I think the same would be the case for a foreign male applying on the basis of marriage to a Thai wive from a modest background, as long as the applicant met all the requirements in the guidelines and regulations. A less educated or less astute wife might struggle more to deal with the bureaucrats though. In that case, if you don't have a secretary to help, it might be advisable to hire a lawyer or agent to do the leg work for you.
  15. You got me there. I log in with my ID number and a password that came from them. They are not very hi-tech, as they still support Windows XP and only Internet Explorer works, nor very concerned about security, as they have never required a password change over several years. It may be something to do with the app. I just go into their website.
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