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Resident
Permit in Thailand
Notification
of Immigration Commission
Criterion
and conditions of foreign nationals’ residential permit consideration
Base on the authority
prescribed in Section 7, Section 41, Section 43 and Section 45 of
Immigration Act B.E. 2522 stipulate that foreign nationals who wish
to attain resident in the Kingdom of Thailand may apply for resident
permit with the Immigration Commission.
To facilitate an
immigration of foreign nationals for the best interest of the Kingdom,
the Immigration Commission stipulated the following criteria on
qualification of foreign applicant for residential permit by considering
the applicant’s income, assets, knowledge, vocational ability, and
family status in terms of connection with Thai national, conditions
on national security or others as deem appropriate for current economic
and social condition and to make it also certain that such consideration
was made thoughtfully, transparently and fairly;
1. Qualification
of the eligible applicant to be considered for residential permit:
1.1 Foreign national
applicant must hold a passport that bears a Non-Immigrant Visa and
was granted with one-year visa extensions which reveal that up until
the date of application submission, the applicant have been staying
in the Kingdom for at least 3 consecutive years.
1.2 Foreign national
who is at least 14 years old is subject to criminal record check
according to the following process;
Fingerprint along with identity information of the applicant will
be forwarded to the Criminal Record Division, Royal Thai Police
for investigation to find whether the applicant has criminal record
or not.
The criminal record certificying letter handed - in by the applicant
will be examined.
Investigation through a watch list system of the Immigration Bureau
will me made to determine whether the applicant is a prohibited
person (persona non grata) according to the Immigration Act B.E.
2522 or not.
Investigation will me made through the Foreign Affairs Division,
Royal Thai Police to determine whether the applicant is a wanted
person according to the warrants issued by the ICPO-Interpol or
not.
1.3 The applicant
must reveal information on his/her income, assets, knowledge, vocational
ability, and family status in terms of connection with Thai national
conditions on national security or others as deem appropriate for
the consideration.
1.4 The applicant
must be able to understand and speak Thai language.
2. Categories
of application
2.1 Investment,
2.2 Employment,
2.3 Humanitarian
reasons as follows:
Spouse: To provide patronage or to be under patronage of a Thai
national spouse,
Child: To provide patronage or to be under patronage of a Thai
national father or mother,
Father or mother: To provide patronage or to be under patronage
of the applicant’s Thai national child,
Spouse: To provide patronage or to be under patronage of the applicant’s
spouse who was granted with residential permit, 2.3.5 Child: To
provide patronage or to be under patronage of the applicant’s
father or mother who was granted with residential permit,
Father or mother: To provide patronage or to be under patronage
of the applicant’s child who was granted with residential permit.
2.4 Expert,
2.5 Extra circumstances
on a case by case basis,
3. Qualification
of applicant in each category:
3.1 Qualification
of applicant for investment reason;
3.1.1 The applicant
must brought-in at least Baht 10 million to invest in the Kingdom
and this must be certified with a letter issued by the commercial
bank in Thailand which reveals evidence of financial remittance
into Thailand and
3.1.2 Investment
made by the applicant must be of an interest of national economy
in either one or collective nature as follows:
Investment
made in a limited company or public company with documentary evidence
certified by state authority concerned and such business must not
be discrepancy to national peace and order, culture or people’s
morality or
Purchase of state-issued security or state enterprise’s security
where Ministry of Finance or Bank of Thailand is a guarantor and
documentary evidence of such acquisition is required,
Investment in the stock market such as ordinary share, bond, preference
share or investment unit etc. with a condition that such investment
must be approved or certified by the Stock Exchange Commission
and documentary evidence of such asset is required to be furnished
along with the application
3.1.3 By the end
of September of each year, foreign national who was granted with
residential permit must submit documentary evidence of one’s investment
acquisition to the Immigration Commission or the authorized official.
This has to be done for 3 consecutive years starting from the day
the residential permit is granted. The Committee and Secretary of
the Immigration Commission or the authorized official have authority
to investigate the investment to find out whether such investment
is made according to the criteria stipulated by the Immigration
Commission or not before reporting the findings to the Immigration
Commission.
3.1.4 If the investigation
reveals later that any foreign national who was granted with residential
permit lacks of qualification as stipulated by the Immigration Commission
then the Committee and Secretary of the Immigration Commission will
report such circumstance to the Immigration Commission and propose
an opinion to the Minister of Interior to revoke such permit.
3.2 Qualification
of applicant who wishes to work in the Kingdom;
3.2.1 The applicant
has to be in a position of executive officer such as President of
Committee or Committee of juristic person registered in Thailand
with a capital of at least Baht 10 million and is authorized as
a signatory for such juristic person, up to the date of application
submission, for at least 1 year. The applicant must earn at least
Baht 50,000 per month, up to the date of application submission,
for a period of 2 consecutive years as minimum and tax return is
required and
3.2.2 The business
in which the applicant works must be of an interest of national
economy i.e.
International commerce where its export value in foreign currency
in the past 3 years reached a threshold of Baht 20 million in
average. This fact must be certified by a letter issued by commercial
bank concerned or a company that provide loan to domestic manufacturing
company by bringing into this country, within the past three years,
foreign currency at the amount not less than Baht 100 million.
or
Tourism related business which in the past 3 years has brought
into this country, at least 5,000 tourists in average. This fact
must be certified by the letter issued by the authority concerned
or
Other type of business that the applicant is a shareholder of
at least Baht 5 million for a period of at least 2 years up to
the date of application submission.
3.2.3 In case where
the applicant lacks of any qualification as mentioned in 3.2.1 and
3.2.2 then the following requirement is applied.
Be a holder
of work permit for at least 3 consecutive years up to the date of
application submission. and
Have been working in the current company for at least 1 year,
up to the date of application submission and
Earn annual income at least Baht 80,000 per month for a period
of at least 2 years, up to the date of application submission,
or have been filing tax return for the amount of annual income
of Baht 100,000 for at least 2 consecutive years, up to the date
of application submission.
3.3 Qualification
of applicant for humanitarian reasons in each circumstance:
3.3.1 Spouse: To
provide patronage or to be under patronage of a Thai national spous
1) The patronage
provider works in Thailand,
Be a lawful spouse and had registered their marriage for at least
2 years before the date of application submission, and do have
their biological child together in any case of infertility, medical
certifying letter issued by the hospital is required. In any case
of infertility without a certification letter, their marriage
registration must have been made at least 5 years before the date
of application submission, and
One party or both parties must earn much enough to provide patronage
or having annual income of at least Baht 30,000 per month in average,
for at least 2 consecutive years before the date of application
submission and evidence of tax return is required and
There is a Thai national who reveal one’s purpose to provide patronage
or to be under patronage of the applicant.
2) The patronage
provider is an elderly,
Up to the date of application submission, the applicant must be
at least 50 years old,
Be a lawful spouse and registered their marriage for at least
2 years before the date of application submission and
The patronage provider must earn annual income of at least Baht
65,000 per month in average for at least 2 consecutive years up
to the date of application submission and
There is a Thai national who reveal one’s purpose to provide patronage
or to be under patronage of the applicant.
3.3.2 In case of
a foreign national child apply residential permit in order to provide
patronage or to be under patronage of Thai national father or mother,
1) A foreign national
child wishes to provide patronage to Thai national father or mother,
Be a biological child and
The applicant’s father or mother must be at least 50 years old,
up to the date of application submission and
The patronage provider must earn annual income of at least Baht
30,000 per month in average for at least 2 consecutive years up
to the date of application submission and evidence of tax return
is required
There is a Thai national who reveal one’s purpose to be under
patronage of the applicant.
2) A foreign national
child wishes to be under patronage of a Thai national father or
mother,
Be a biological father or mother and registration of parental
status was made and
Age under 20 years old and not yet married but if the child is
over 20 years old, then justification of such parental patronage
is required such as studying for Bachelor Degree or equivalent
and such education started before the age of 20 years old and
in continuity where documentary evidence is required or the child
is ill and can not take care of oneself where medical certifying
letter issued by the hospital is required and
The patronage provider must earn annual income of at least Baht
30,000 per month in average for at least 2 consecutive years up
to the date of application submission and evidence of tax return
is required
There is a Thai national who reveal one’s purpose to provide patronage
to the applicant.
3.3.3 A foreign
national father or mother wishes to provide patronage or to be under
patronage of a Thai national child,
1) Foreign national
father or mother wishes to providepatronage to a Thai national child,
Be a biological father or mother and registration of parental
status was made and
Age under 20 years old and not yet married but if up to the date
of application submission, the child is over 20 years old, then
justification of being under such parental patronage is required
such as studying for Bachelor Degree or equivalent and such education
had started before the age of 20 years old and in continuity where
documentary evidence is required or the child is ill and can not
take care of oneself where medical certifying letter issued by
the hospital is required and
The patronage provider must earn annual income of at least Baht
30,000 per month in average for at least 2 consecutive years,
up to the date of application submission and evidence of tax return
is required
2) Foreign national
father or mother wishes to to be under patronage of a Thai national
child,
Be a biological child and
Age over 50 years old, up to the date of application submission
and
The patronage provider must earn annual income of at least Baht
30,000 per month in average for at least 2 consecutive years,
up to the date of application submission and evidence of tax return
is required and
There is a Thai national who reveal one’s purpose to provide patronage
to the applicant
3.3.4 Foreign national
spouse wishes to provide patronage or to be under patronage of one’s
spouse whom residential permit was granted,
Be a lawful spouse and had registered their marriage for at least
2 years before the date of application submission, and
The spouse was granted with residential permit and reveal one’s
purpose to either provide patronage or to be under patronage of
the applicant, and
The patronage provider has the same qualification as required
for the applicant who wishes to invest or to work in the Kingdom
3.3.5 Foreign national
child wishes to provide patronage or to be under patronage of one’s
father or mother whom residential permit was granted,
1) Foreign national
child wishes to provide patronage to one’s father or mother whom
residential permit was granted
Be a biological child and,
A father or mother must be over 50 years old, up to the date of
application submission and
A father or mother reveal one’s purpose to be under patronage
of the applicant, and
The patronage provider has the same qualification as required
for the applicant who wishes to invest or to work in the Kingdom
2) Foreign national
child wishes to be under patronage of a foreign national father
or mother whom residential permit was granted,
Be a biological child age under 20 years old and not yet married
but if up to the date of application submission,if the child is
over 20 years old, then justification of being under such parental
patronage is required such as studying for Bachelor Degree or
equivalent and such education must had started before the child’s
age of 20 years old and in continuity where documentary evidence
is required or the child is ill and can not take care of oneself
where medical certifying letter issued by the hospital is required
and
A father or mother reveal one’s purpose to provide patronage to
the applicant and
The patronage provider has the same qualification as required
for the applicant who wishes to invest or to work in the Kingdom
3.3.6 A father or
mother wishes to provide patronage or to be under patronage of the
foreign national child whom residential permit was granted,
1) A father or mother
wishes to provide patronage to one’s foreign national child whom
residential permit was granted,
Be a biological child, age under 20 years old and not yet married
but if up to the date of application submission, the child is
over 20 years old then justification of being under such parental
patronage is required such as studying for Bachelor Degree or
equivalent and such education had started before the age of 20
years old and in continuity where documentary evidence is required
or the child is ill and can not take care of oneself where medical
certifying letter issued by the hospital is required and
The father or mother reveals one’s purpose to provide patronage
to the applicant and
The patronage provider has the same qualification as required
for the applicant who wishes to invest or to work in the Kingdom
2) A father or a
mother wishes to be under patronage of a foreign national child
whom residential permit was granted,
Be a biological child,
A father or mother must be over 50 years old, up to the date of
application submission and
The patronage provider reveal one’s purpose to provide patronage
to the applicant and
The patronage provider has the same qualification as required
for the applicant who wishes to invest or to work in the Kingdom
3.4 Qualification
of applicant who applied as expert.
G raduated at least Bachelor Degree and possesses special ability
that is needeed and benefit to this country,
Be supported and officially certified by the authority concerned,
Certifying letter pertaining to the applicant’s service in such
position indicating, up to the date of application submission,
a period of at least 3 consecutive years in the service is required
3.5 Qualification
of applicant on extra circumstances to be considered on a case by
case basis
An individual who produces benefit to the Kingdom of Thailand
or Thai Government or was selected by a national institute as
the one whose performance causes benefit to this country or perform
for the authority and
Certified in a form of letter by at least departmental authority
or governor or civilian official of at least level 10 or military
officer who is holding a rank of General, Air Chief Marshal, Admiral,
Police General or political official who is in the position of
Minister, President of the National Assembly, Vice President of
the National Assembly, President of the Senate or Vice President
of the Senate or Committeee of Non-Government Organization according
to the constitutional laws. Detail of the applicant’s work is
required to be furnished or,
Other qualifications or number of residential permit to be granted
will be considered as deem appropriate by the Immigration Committee.
4. Consideration
Principle
4.1 The applicants
of each basis must completely possess qualifications according to
the criteria and condition of each category declared in this declaration
up to the date of application submission..
4.2 In case the
number of eligible applicants according to item 4.1 of certain nationality
is higher than its annual quota then a ratio will be set for each
category and number of eligible applicants among such nationality.
However, certain
applicant may completely possesses the stipulated qualification
as mentioned before but considering economic, political, and social
factors of the country as a whole the Immigration Committee or Minister
of Interior has the authority to disagree to grant such appplicant
the residential permit and that decision is considered final. In
this case such decision is considered an information which is not
obliged to be revealed according to Section 15(1)(2) of the Information
Act B.E. 2540.
All criteria, resolutions,
or orders which had been applied for residential permit granting
consideration before or that is contradictory to this declaration
are revoked and replaced by this declaration.
Effective on the
date of this declaration announcement.
Twenty-six day of
December in the year Two Thousand and Three (B.E. 2546)
(Siwa Saengmanee)
Deputy Permanent
Secretary of Ministry of Interior
Head of Internal
Security Mission
Chairman of Immigration
Committee |
