บริการ

Residence Permit in Thailand

Residence Permit in Thailand

 

  • Qualification of the eligible applicant to be considered for residential permit
  • Categories of application
  • Qualification of applicant in each category
  • Consideration Principle

 

Notification of Immigration Commission

Criteria and conditions of foreign nationals’ residence permit consideration

Base on the authority prescribed in Section 7, Section 41, Section 43 and Section 45 of Immigration Act B.E. 2522 (1979) stipulate that foreign nationals who wish to attain residence in the Kingdom of Thailand may apply for residence 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 qualifications of foreign applicant for residence permit by considering the applicant’s income, assets, knowledge, vocational ability, and family status in relations with Thai national, conditions on national security, or others as deem appropriate for current economic and social conditions, and that such consideration would be made thoughtfully, transparently and fairly;

 

1. Qualifications of an eligible applicant to be considered for residence 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.
  • The criminal record certifying letter handed in by the applicant will be examined.
  • Investigation through a watch list system of the Immigration Bureau will be made to determine whether the applicant is a prohibited person (persona non grata) according to the Immigration Act B.E. 2522 (1979).
  • Investigation will be 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 relations 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 the 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 spouse,
  • Child: To provide patronage or to be under patronage of the father or the mother who is a Thai national,
  • Father or mother: To provide patronage or to be under patronage of the applicant’s child who is a Thai national,
  • Spouse: To provide patronage or to be under patronage of the applicant’s spouse who was granted a residence permit, 
  • Child: To provide patronage or to be under patronage of the applicant’s father or mother who was granted a residence permit,
  • Father or mother: To provide patronage or to be under patronage of the applicant’s child who was granted a residence permit.

2.4 Expert,

2.5 Extra circumstances on a case by case basis,

 

3. Qualifications of applicant in each category:

3.1 Qualifications of applicant for investment reason;

3.1.1 The applicant must bring in at least 10 million Baht to invest in Thailand and this must be certified by a letter issued by a commercial bank in Thailand which reveals evidence of financial remittance into Thailand.

3.1.2 Investment made by the applicant must be of an interest to the national economy in either one or collective nature as follows:

  • Investment made in a limited company or public company with supporting documents certified by the government authorities concerned, and such business must not disrupt national peace and order, culture or people’s morality
  • Purchase of state-issued security, or state enterprise’s security where Ministry of Finance or Bank of Thailand is a guarantor and supporting documents of such acquisition is required.
  • Investment in the stock market such as ordinary shares, bonds, preference shares or investment units, etc., with a condition that such investment must be approved or certified by the Stock Exchange Commission and supporting documents of such assets are required along with the application.

3.1.3 By the end of September of each year, foreign national who was granted with residence 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 residence permit was 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 before reporting the findings to the Immigration Commission.

3.1.4 If the investigation reveals later that any foreign national who was granted with residence permit lacks the qualifications 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 Qualifications 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 10 million Baht and is authorised 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 50,000 Baht per month, up to the date of application submission, for a period of 2 consecutive years as minimum and tax return is required.

3.2.2 The business in which the applicant works must be of an interest to national economy i.e.

  • International commerce where its export value in foreign currency in the past 3 years reached a threshold of 20 million Baht on average. This fact must be certified by a letter issued by the 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 100 million Baht. or
  • Tourism related business which in the past 3 years has brought into this country, at least 5,000 tourists on 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 5 million Baht 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. 
  • Have been working in the current company for at least 1 year, up to the date of application submission.
  • Earn annual income at least 80,000 Baht 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 100,000 Baht 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 spouse

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, a 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.
  • One party or both parties must earn sufficient income to provide patronage or having annual income of at least Baht 30,000 per month on 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 his/her wish 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.
  • The patronage provider must earn annual income of at least 65,000 Baht per month in average for at least 2 consecutive years up to the date of application submission.
  • There is a Thai national who reveals his/her wish to provide patronage or to be under patronage of the applicant.

 

3.3.2 A foreign child applies for a residence permit in order to provide patronage or to be under patronage of the father or the mother who is a Thai national.

1) A foreign national child wishes to provide patronage to the father or the mother who is a Thai national,

  • Be a biological child.
  • The applicant’s father or mother must be at least 50 years old, up to the date of application submission.
  • The patronage provider must earn annual income of at least 30,000 Baht per month on 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 his/her wish to be under patronage of the applicant.

2) A foreign child wishes to be under patronage of the father or the mother who is a Thai national,

  • Be a biological father or mother and registration of parental status was made.
  • Age under 20 years old and not yet married. If the child is over 20 years old, the 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.
  • The patronage provider must earn annual income of at least 30,000 Baht per month on 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 his/her wish to provide patronage to the applicant.

 

3.3.3 A foreign father or mother wishes to provide patronage or to be under patronage of a child who is a Thai national,

1) Foreign national father or mother wishes to provide patronage 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 30,000 Baht 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) A foreign father or mother wishes to to be under patronage of the child who is a Thai national,

  • Be a biological child.
  • Age over 50 years old, up to the date of application submission.
  • The patronage provider must earn annual income of at least 30,000 Baht per month on 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 his/her wish to provide patronage to the applicant.

 

3.3.4 A foreign spouse wishes to provide patronage or to be under patronage of one’s spouse who was granted a residence permit,

  • Be a lawful spouse and had registered their marriage for at least 2 years before the date of application submission.
  • The spouse was granted a residence permit and reveal one’s purpose to either provide patronage or to be under patronage of the applicant.
  • The patronage provider has the same qualifications as required for the applicant who wishes to invest or to work in the Kingdom.

 

3.3.5 A foreign child wishes to provide patronage or to be under patronage of his/her father or mother who was granted a residence permit.

1) A foreign child wishes to provide patronage to his/her father or mother who was granted a residence permit.

  • Be a biological child.
  • The father or the mother must be over 50 years old, up to the date of application submission.
  • The father or the mother reveal his/her wish to be under patronage of the applicant.
  • The patronage provider has the same qualifications as required for the applicant who wishes to invest or to work in the Kingdom.

 

2) A foreign child wishes to be under patronage of his/her foreign father or mother who was granted a residence permit .

  • Be a biological child age under 20 years old and not yet married, up to the date of application submission. If the child is over 20 years old, the 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.
  • The father or mother reveal his/her wish to provide patronage to the applicant.
  • The patronage provider has the same qualifications 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 his/her foreign child who was granted a residence permit.

1) A father or mother wishes to provide patronage to his/her foreign child who was granted a residence permit.

  • Be a biological child, age under 20 years old and not yet married up to the date of application submission. If the child is over 20 years old, the 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.
  • The father or mother reveals his/her wish to provide patronage to the applicant.
  • The patronage provider has the same qualifications 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 his/her foreign child who was granted a residence permit.

  • Be a biological child.
  • The father or mother must be over 50 years old, up to the date of application submission.
  • The patronage provider reveal his/her wish to provide patronage to the applicant.
  • The patronage provider has the same qualifications as required for the applicant who wishes to invest or to work in the Kingdom.

 

3.4 Qualifications of applicant who applies as expert.

  • Graduated with at least a Bachelor Degree and possesses special ability that is needed and beneficial to Thailand.
  • Be supported and officially certified by the government 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 beneficially serves the Kingdom of Thailand or the Royal Thai Government, or was selected by a national institute as the person whose performance are beneficial to Thailand.
  • Certified by a letter from the government authorities concerned (at least department level), or a provincial governor, or a civilian official (ranked equal to a director-general), or a military officer (who holds a rank of General, Air Chief Marshal, Admiral, Police General), or a 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 Committee of Non-Government Organisation according to the constitutional laws. Detail of the applicant’s work is required to be furnished.

 

  • Other qualifications or number of residence permit to be granted will be considered as deemed appropriate by the Immigration Committee.

 

4. Consideration Principles 

4.1 The applicants of each category must completely possess the qualifications according to the criteria and conditions required for that category as stiputated above, up to the date of application submission.

4.2 In case that 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 the number of eligible applicants among such nationality.

However, certain applicant may completely possesses the qualifications as stipulated above, but considering economic, political, and social factors in Thailand as a whole, the Immigration Committee or the Minister of Interior has the authority to deny such appplicant the residence 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 (1997).

 

All criteria, resolutions, or orders which had been applied for the consideration to grant residence permits previously, or any of those that is contradictory to this declaration, are revoked and replaced by this declaration.

 

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This information is from Immigration Bureau's website.

For more information please visit http://www.immigration.go.th