Interviews with foreign persons (Group 4)

I am 35 years old, born in Laos, Laos, legally entered Thailand with an immigration license and a work permit. I have been in Thailand for more than eight years in the hope of a better life and can send money back to help my family in Laos.

In the early days of my career, I was faced with a lot of hardships - adjustment problems in Thailand, homesickness, and unstable income - often making him feel "sad" and "worried," but with patience and determination, he was able to adapt and live well in Thailand.

Later, I met a Thai woman who was a native of Kalasin Province. They were so enamored that they had "love" and "peace of mind," and decided to marry and register a marriage in accordance with Thai law and build a family. They now have two children together. They have both been born and have birth certificates issued by the Thai government, and are studying in a school in Kalasin Province.

Although I work in Saraburi, my family still lives in Kalasin Province, and I visit my wife and children every holiday, making them feel "happy," "proud," and "grateful" to build a stable family in Thailand.

However, the lives of migrant workers are not always smooth. I have to work hard for a long time to earn money for my family, sometimes working overtime, making me feel "tired" and "miss" my growing children in Kalasin Province. Despite their hardship, I still feel "delighted" every time I see their children educated and have a good quality of life.

Diagnosis

1. Why is it Personal State?

"Personal State" refers to a person's legal status, which is determined by their nationality and relationship to the state.

> > > From the facts: The person interviewed is an "alien" according to Thai law because of his Lao nationality, does not have Thai nationality, even if he has lived and worked in Thailand legally for a long period of time. Having a wife is Thai and a child born in Thailand does not automatically give him Thai citizenship.

"Section 4 in this Act

Alien means that a natural person without Thai nationality. "

Relevant legislation

* Nationality Act 1965 and as amended.

* Immigration Act 1979

Thus, the person condition of the person interviewed in Thai law remains "a temporary resident alien and allowed to work in the Kingdom."

2. Domicile in public and private law dimensions

> > > (1) Domicile of Public Law

Domicile in public law deals with individual relations with the state, such as civil registration, immigration, and the legal duty rights of the state.

* The interviewee is allowed to live and work in Thailand.

* Currently working in Saraburi Province

* Family residence is in Kalasin Province.

In public law, the Thai state has control over the immigration status, residence permission and work of the interviewee.

> > > (2) Private Legal Domicile

According to the Code of Commerce

* Section 37 provides that "the domicile of a natural person includes the place of residence of the person as an important source."

Judging from family ties, the interviewee had his family residing in the province of Kalasin, a place with private legal ties, so it may be considered that Kalasin province was his important domicile, while Saraburi province was only a temporary workplace.

3. Linking the core sovereignty and the core nationality in international law, the Personnel Division

> > > (1) The Sovereign Principle (Sovereign)

Thailand, as a sovereign state, has the power to define that.

* Any person can enter the Kingdom.

* Any person is allowed to stay and work.

* Any person enjoys rights and obligations under Thai law.

The interviewee can take up residence in Thailand because it is licensed by the Thai state under immigration law.

> > > (2) Nationality Principle

The nationality principle assumes that a person's condition is bound to the State in which the person has nationality.

* The interviewee is of Lao nationality and is therefore subject to Lao law in certain personal conditions.

* Marriage, work and residence in Thailand are also subject to Thai law.

The principle of nationality is therefore important in determining the legal status of persons in international cases.

> > > (3) Territorial Principles

The territory determines that a person within the territory of a state is subject to the laws of that state.

When the interviewee lives in Thailand, he must follow Thai laws such as

* Immigration Act 1979

* Alien Works Act 2017

* Code of Law and Commerce

* Labour laws of Thailand

> > > (4) Link of Personal Status

The case of the interviewee is an example of international legal relations.

* is a national of Laos.

* Married to a Thai woman

* Have a child born and received a birth certificate in Thailand.

* Living and working in Thailand

Consideration of the condition of the person must therefore take into account both the law of the country of nationality (Laos) and the law of the country in which the person lives (Thailand).