Tattooing interviews with foreign individuals (Group 4)

I am 57 years old, born in Indonesia, "Hisar," Buddha 1989, and I came to Thailand with my friend and worked in Thailand for 2,000 to 3,000 baht a month, and lived in Saraburi, Klaeng Khoi, and Nong Kha.

In the early days when I came to live and worked in Thailand, I was a little hard-pressed. I moved to work in each of the provinces of Thailand. I moved to many places and now I live in Phra Nakhon Sriyutthaya. I have a Thai wife and enrolled with my wife. I have two children. I was born in Thailand with a birth certificate. My eldest child graduated and got a job. My youngest child is studying. I rented a room in Phra Indra Raja. I have a career in selling roti. I feel great to do this. The roti sale is an independent career. I am proud to send my daughter to study both, but I still feel that the roti sales is not as stable. Some days sell less, some days sell more. Sometimes the money from selling Roti is not enough to spend on everyday life. I feel difficult because the economy is not very good, my belongings are getting more and more expensive, but I am very happy to do a good-faith career and a good-at career.

Diagnosis

1. Why is it Personal State?

Section 4 in this Act

Alien means that a natural person without Thai nationality

Nationality Principle is a criterion, not a place of birth or residence. Interviewee, age 57, born in Indonesia, works and has a family where Thailand is married to a Thai woman, has children in Thailand.

* * Personal State is also a national of Indonesia, so it is an "alien" in accordance with Thai law. Even if you live in Thailand for a long time, having a Thai wife and a child does not automatically acquire citizenship.

Conclusion: The reason for being alien. Because there is no Thai nationality despite the domicile and family in Thailand.

2. Describe domicile in public and private law dimensions

1. Domicile of Public Law

~ ~ (1) Domicile of Public Law

Civil Registration Transitions Act 1991

Immigration Act 1979

The interviewee used to live in Saraburi, Gangkhoi, Nongkha, now living in Nakhon Si Ayutthaya, so that Nakhon Si Ayutthaya is domiciled in public law. The Thai state can exercise authority over this person, such as controlling immigration, issuing work permits, checking residence.

~ ~ (2) Private Legal Domicile

Codification and Commerce

Article 37 The domicile of a natural person, namely the place of residence, has a place of residence as an important source.

The interviewer rented a room in Nakhon Si Ayutthaya. There is a family in Thailand that sells Roti. The private legal domicile is Nakhon Si Ayutthaya Province.

3. Link core sovereignty, core nationality in PIL

~ ~ (1) Sovereignty The State of Thailand has supreme authority over all persons present in the Kingdom.

Even the interviewee is alien.

Thailand can

* Enforce Thai law

* Tax

* Prosecuted

* Work permit issued

* Immigration control

All right.

~ ~ (2) Nationality Principles in International Law, Personnel Divisions

The nationality principle is the principle used. A person's nationality determines the applicable law regarding a person's status and competence, such as the ability to perform forensics, marriage, divorce, family relations, or inheritance in certain cases, regardless of whether the person lives in any country.

> > > The interviewee, born in Indonesia, has a connection to Indonesia in nationality. Although living and working in Thailand for a long time, has a Thai wife and has a child born in Thailand, the interviewee's personal status, such as the ability of the person or some issues about the family, may still be subject to the laws of the country of nationality, according to the nationality of international law, the case department. At the same time, both children born in Thailand, despite having a Thai birth certificate, have a birth certificate does not automatically mean Thai nationality. Thai citizenship must meet the conditions of Thai nationality and may also be related to the nationality of their parents.

~ ~ (3) Territorial Principles

Although Indonesian, when in Thailand, the actions that occur in Thailand use Thai law, such as

* Working

* Married

* Career

* Criminal case

* Labour case

All are under Thai law.

~ ~ (4) International Personal Status Link

Personal Status refers to the legal status of a person with respect to the rights, duties and family relationships, such as nationality, marriage, parenthood, competence and domicile, which, when an international element is involved, must determine which country's laws are applicable.

> > > The interviewee is a person who was born in Indonesia, but has a long stay and occupation in Thailand, has a Thai wife, is registered in marriage according to Thai law, and has two children born in Thailand, thus having a legal relationship with both Indonesia and Thailand, making this case a foreign element.