Thailand Law Library

by Thailand Lawyer

Chapter 5: Entering to take Residence in the Kingdom

Subject to the provisions of Section 42, 43 and 51, the Minister, by the approval of the Cabinet, shall have power to publish, in the Government Gazette, immigration quotas from year to year (not exceeding 100 persons per year from each country and not exceeding 50 persons who have no nationality).

For the purpose of fixing immigration quotas, all the colonies of a country or each self–governing country shall be recognized as one country.

Alien shall not be allowed to take up residence in the Kingdom unless authorized by the Immigration Commission and by the approval of the Minister, within the immigration quota limitation as prescribed by the Minister in accordance with the provision of Section 40, and providing that the alien concerned has received a Residence Certificate in accordance with the provision of Section 47.

For the most benefit of the country in allowing the alien to take up residence in the Kingdom, the Immigration Commission shall fix regulations concerning qualification of the alien entering to take residence in the Kingdom of Thailand by considering income, property, knowledge, technical, professional ability, and family status of such alien in comparison with the Thai national populace, considering condition of national security or other appropriate conditions. So it can be used as a regulation and a condition to consider in allowing the alien to take residence in the Kingdom.

In applying for a Residence Certificate, the alien may apply before coming into the Kingdom or apply after he has been granted permission to stay temporarily in the Kingdom The Committee can stipulate any requirement to an alien under Section 34 who is holding a temporarily permit of stay and applying for a permanent resident visa.

A permanent resident visa of alien obtained prior to his entry into the Kingdom will be effective when that alien enters the Kingdom to process the relevant formalities and obtains approval from the authorities indicated under Section 18, paragraph 2 that alien must not be the person under Section 12 and Section 44, and must possess a residence certificate under Section 47. The alien is allowed to stay temporarily in the Kingdom during the period of processing the residence certificates.

The provision of Section 40 concerning immigration quotas as published by the Minister shall not apply to the persons listed below:

1. An alien who previously entered to take up residence in the Kingdom and re-entered into the Kingdom in accordance with Section 48 or 51.
2. A woman having Thai nationality by birth who has renounced Thai nationality in the case of marriage to an alien.
3. A child of an alien father and mother born while the mother was out of the Kingdom and the mother has application of departure for return in accordance with the provision of Section 48. When the child entering into the Kingdom with father or mother who returns within the prescribed time as state in the application of departure for return and the child is under one year old.

When any alien brings foreign not less than ten million baht, for investment in the Kingdom and the Immigration Commission has considered that it is not contradictory to the provisions of this Act, the Immigration Commission, with the concurrence of the Minister, shall allow said alien to take up residence in the Kingdom over and the above number of aliens as published by the Minister under Section 40, but not to exceed 5% of said amount each year.

For the purpose of examination of foreign currency brought in for investment, the alien who is allowed to take up residence under Para, must display financial status for the period of not less than two years, but not more than five years, in accordance with the regulation prescribed by the Immigration Commission, or as the Immigration Commission may deem appropriate.

No alien is authorized to take up residence in the Kingdom, if it appears that said alien:

1. has been punished with imprisonment by judgement or legal order of a Thai or foreign country court, except a minor offense committed by negligence, or an offense exempted as prescribed by the Ministerial Regulations.
2. Is unable to earn his living because of mental defect or physical infirmity or having any diseases as prescribed by Ministerial Regulations.

The provision of (2) shall not apply to an alien father, mother, husband, wife or child of the one having domicile within the Kingdom and is able to support each other.

If the alien who has been granted to stay temporarily in the Kingdom wishes to take up residence in the Kingdom, he must submit an application as prescribed in the Ministerial Regulations to the Immigration Office in the area, the application must be submitted to the nearest Immigration Office.

When the Immigration Commission considers that the quota is not over subscribed then notification prescribed by the Minister, in accordance with Section 40 or 43 as the case may be or the alien in the person under Section 44, the alien may be allowed to take up residence in the Kingdom under the concurrence of the Minister.

When the alien applies for residence in the Kingdom and the authorized period of time granted him to stay temporarily in the Kingdom has expired during consideration. The alien may apply at the same Immigration Office for an extension of stay till the date the result of the consideration will be made know to him. The Immigration Commission or competent official deputized by Immigration Commission, shall have power to grant permission by affixing any conditions.

In submitting application in reference to the first paragraph, the applicant must pay a fee as fixed in the Ministerial Regulations.

Any alien entering into the Kingdom, and if while waiting to receive a Residence Certificate in reference to Section 41 or while waiting to know the result of consideration of the Immigration Commission, or if competent official deputized by the Immigration Commission under Section 45 paragraph 2 leaves the Kingdom, it is recognized that a leniency for temporary stay in the Kingdom in reference to Section 41 paragraph 5 or section 45 paragraph 2 is expired. Unless prior to departing the Kingdom the alien concerned has been granted permission to return by a competent official, and he has returned within the period of prescribed time, the alien concerned will be allowed to stay for the rest of the prescribed time.

The alien who is allowed to take up residence in the Kingdom must apply for a Residence Certificate from the Director General or from a competent official deputized by the Director General within 30 days from the date receiving written notification from a competent official.

In the case that the alien, whose age is under 12 years, is granted permission to take up Residence in the Kingdom, the person with guardian power or the guardian must apply for a Residence Certificate on behalf of the alien concerned. The Director General,or competent official deputized by the Director General, shall issue a separate Residence Certificate or together with the person having guardian power or the guardian.

If the alien concerned fails to apply for a Residence Certificate within prescribed period of time, under paragraph 1 of this Section, the Immigration Commission may hold back issuing of permission to reside in the Kingdom. If so, a leniency for temporary stay in the Kingdom in reference to Section 41 paragraph 5 or Section 45 paragraph 2, would be expired.

The applicant for a Residence Certificate must pay a fee as prescribed in the Ministerial Regulations.

A residence Certificate is of permanent validity, but it expires when the holder leaves the Kingdom, unless prior to departing, the holder has his departure for return document endorsed by a competent official in accordance with Section 50. In such a case, if the certificate holder returns to the Kingdom within one year from the date of endorsement and he is not excluded from entry according to Section 12 or 44, a Residence Certificate shall be considered still valid.

The provisions of Section 12 (1) concerning visa, and (2) and (3) and (4) shall not apply to the first paragraph of this Section.

The holder or person who has in his possession a Residence Certificate not used in reference to Section 48 must return it to the competent official.

The person who has in his possession a Residence Certificate of a dead alien must return it to the competent official.

Any alien having lawfully entered and being a resident in the Kingdom and wishes to leave the Kingdom with intention to return, shall:

1. Present his Residence Certificate to the competent official for endorsement of departure for return in accordance with the procedure prescribed in the Ministerial Regulations.
2. If no Residence Certificate has been issued,because said alien was granted permission to reside in the country before the regulation to obtain a Residence Certificate was in affect he must apply for the same through the competent official and conform with (1),
3. If there is not enough space for endorsement in accordance with (1), the holder must change his Residence Certificate in accordance to Section 52.

Document of departure for returns valid for one year from the date of endorsement made by the competent official. The certificate holder can make as many departures and returns with the one year period as he desire.

A fee must be paid as prescribed in the Ministerial Regulations for notification of departure for return and for issuing a residence Certificate in reference to (2).

Any alien who has formerly resided in the Kingdom but has no document of departure for return or has a document of departure for return, but has not returned to the Kingdom in reference to the time prescribed in Section 48 and the alien wishes to take up residence in the Kingdom again, he must submit an application in accordance with the procedure as prescribed in the Ministerial Regulations for consideration and approval. When the Immigration Commission considers that the alien has reason and proper excuse and he is not excluded from entry under Section 12 and Section 44, the alien may be permitted to enter to take up residence in the Kingdom under the concurrence of the Minister, but the alien has to receive a new Residence Certificate. The provision of Section 45 paragraph 2 shall be applied mutatis mutandis while waiting for permission.

The provisions in Section 12 (1) concerning visa, (2),(3) and (9) shall not apply with the case as provided in the first paragraph of this section.

The applicant must pay fees as prescribed in the Ministerial Regulations.

Whoever has lost documents issued under this Act, and wants to receive a substitute, or wants to change a Residence Certificate in reference to Section 50 (3), when the competent official is satisfied with the result of an investigation, a substitute or a change of Residence Certificate will be issued. The applicant must pay fees as prescribed in the Ministerial Regulations.