Integrity Legal

This blog routinely posts about issues related to Thailand visas and Thai Permanent Residence in an effort to provide some information on these issues to the general public. It would appear that there is some consternation among foreign nationals in Thailand who are awaiting the adjudication of Thai permanent residence applications at the Ministry of Interior.  To quote directly from a recent opinion piece on the website PhuketGazette.net:

PHUKET: It’s time for the Ministry of Interior (MoI) to set up a special task force to begin fast-tracking the processing of the huge backlog of permanent residency (PR) applications it is now sitting on in silence.

Such a move would have multiple benefits for all parties involved, including, especially, foreign investors (potential and extant) and Thailand’s all-important tourism industry.

For reasons that have apprently never been divulged by the MoI, the stacks of stale PR applications, submitted in good faith and at great expense by law-abiding, long resident “visitors” to Thailand, continue to gather dust at the ministry.[sic]

Those reading this blog are highly encouraged to click upon the hyperlinks above to learn more about this issue.

Clearly, this is a significant issue for foreign nationals in Thailand, especially those who have been in Thailand for a long enough duration so as to be eligible to apply for Thailand Permanent Resident status. Those holding permanent resident status in Thailand are permitted to be placed upon a Tabien Baan (also referred to as a house registration booklet). This should not be confused with a Yellow Tabien Baan or Foreign Tabien Baan which allows foreign nationals, without Permanent Residence status, to obtain a house booklet under certain circumstances.

Unlike the United States Permanent Resident process, the Thai PR process can be quite long and cumbersome. Many have noted that there currently exists a substantial backlog of Thailand Permanent Resident status applications as there have yet to be any new Permanent Residence booklets issued for many years.

Those wishing to obtain Thailand Permanent Residence should note that this status is highly coveted amongst foreign nationals while simultaneously being difficult to obtain. Those seeking permanent residence in Thailand are only eligible after remaining in Thailand on Thai visa extensions for a period not less than 3 years. Also, most permanent residence applicants must also have maintained a Thai work permit for a significant period of time at a salary level which comports with relevant Thai Ministry regulations.

There is a common misconception about Thailand regarding the country’s immigration procedures. Many from so-called “Western” countries do not understand that Thais take immigration issues quite seriously and make rules and regulations which could be described as stringent. This is especially true in matters pertaining to Thai permanent residence as Thai PR applications are capped by a nationality quota and subjected to intense scrutiny by the Royal Thai Immigration Police and the Thai Ministry of Interior. Therefore, those thinking of applying for Thai permanent residence are well advised to conduct research into the issue and, in some cases, retain qualified counsel to assist in such an undertaking.

For related information please see: Thai Visa.

Tags: Blue Tabien Baan, Foreign Tabien Baan, Permanent Residence in Thailand, Permanent Resident in Thailand, Royal Thai Immigration Police, Tabien Baan, Tambien Baan, Thai Immigration, Thai Ministry of Interior, Thai permanent residence, Thai Permanent Resident, Thai PR, Thai Visa, Thailand Immigration, Thailand Ministry of Interior, Thailand Permanent Residence, Thailand Permanent Resident, Thailand PR, Thailand Visa, Yellow Tabien Baan
Posted in Thailand Visa | No Comments »

Those who read this blog may likely have noticed that the issue of Thai immigration is a frequent topic of discussion. Recently, this author came upon an interesting announcement regarding the issuance of Thai reentry permits at the Suvarnabhumi International Airport in Bangkok, Thailand. The following is quoted directly from the official website of Suvarnabhumi International Airport:

In a previous posting on this blog, the administration pondered the prospect of Thai reentry permits and whether they would ever again be available at the airport as opposed to the Royal Thai Immigration Headquarters at Chaeng Wattana. It would appear that from this point onwards, Thai reentry permits will be available to departing foreign nationals at the airport.

For those who are unfamiliar with the protocols and rules associated with Thai immigration, anyone present in the Kingdom of Thailand on a Thai visa must obtain a reentry permit prior to leaving the Kingdom of Thailand. Those who fail to obtain a Thai reentry permit prior to departing Thailand may lose their Thai visa status upon departure. For this reason, reentry permits should be obtained by anyone in Thai visa status who wishes to return to Thailand. A frequently asked question in this vein is: do I need a reentry permit if I am present in the Kingdom on a visa exemption? The short answer: no. Those who enter the country on a Thailand visa exemption cannot obtain a reentry permit as they are not technically in possession of a valid Thai visa. Those present in the Kingdom of Thailand on a Thai visa extension are required to obtain a Thai reentry permit prior to departure lest the foreign national fall out of status entirely upon departing Thailand. The same can be said for those who are present in Thailand with lawful permanent residence. A Permanent Resident in Thailand must receive authorization to leave the country whilst simultaneously maintaining lawful status in the Kingdom or else face the prospect of falling entirely out of status upon departure.

Those who are present in the Kingdom of Thailand on a multiple entry one year Thai visa should not need to obtain a Thai reentry permit when departing the Kingdom, but those with a multiple entry visa are generally required to depart the Kingdom at least every 90 days in order to maintain lawful status.

Fore related information please see: Thailand business visa or Thai Work Permit.

Tags: Multiple Entry Thai Visa, Multiple Entry Thailand Visa, One Year Thai Visa, One Year Thailand Visa, Reentry Permit, Suvarnabhumi, Suvarnabhumi International Airport, Thai B Visa, Thai Business Visa, Thai Immigration, Thai O Visa, Thai permanent residence, Thai Reentry Permit, Thai Retirement Visa, Thai Visa, Thai Visa Extension, Thai Visas, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand ED Visa, Thailand Education Visa, Thailand Immigration, Thailand o visa, Thailand Permanent Residence, Thailand Reentry Permit, Thailand Retirement Visa, Thailand Visa, Thailand visa extension, Thailand Visas
Posted in News, Thailand Business, Thailand Visa, Thailand Work Permit | No Comments »

In a recent posting on the Chiang Mai Mail website, issues surrounding foreigners’ rights in Thailand were discussed. The issues came up in the context of a recent road show conducted by the Thai Ministry of the Interior. Foreigners residing in Thailand sometimes find it difficult to fully exercise their rights as the rules themselves can be somewhat vague. For example, the issue of alien registration on a Thai Tabien Baan can be confusing as few foreign nationals are fully aware of their right’s regarding registration. To quote the Chiang Mai Mail’s report about the recent Interior Ministry Roadshow:

Holders of Permanent residency can get a blue book (Tor Ror 14) and holders of temporary visas can get on the yellow book (Tor Ror 13) before they can apply for naturalization. The Provincial Administration reiterated an important point, that foreigners have the right to be listed on the census registration, “It is not well known even among officials. We have contacted registration officials that you have this right and you should insist on it.”

For many, registration on a Yellow Tabien Baan is beneficial because many Thai government offices view a Tabien Baan as definitive proof of lawful presence in Thailand and use the information in the Tabien Baan accordingly. Another issue that came up at the aforementioned roadshow was the issue of naturalization of those seeking Thai Citizenship. In the past, the language requirements for naturalization were rather stringent. During the recent roadshow the spokesperson for the Interior Ministry commented upon the revised linguistic requirements for naturalization to Thai Citizenship:

The requirements for naturalization were laid out, including the income requirements for both those married to Thais and those not married to Thais. The linguistics requirement has been reduced but the applicant must be able to sing the National and Royal anthems. Speaking and listening is mandatory but reading and writing is no longer required.

Finally, of particular interest to many foreign nationals in Thailand is that of the 90 day “check in” for foreigners present in the Kingdom on a “temporary” visa such as a Thai business visa or a Thai O visa. Regarding the Ministry of Interior’s stance on the issue, the Chiang Mai Mail was quoted as saying:

The next issue under discussion was Immigration and the right of habitation. Immigration officials discussed the various visas and how to obtain them as well as how to obtain Permanent Residency. The main issue of contention brought up by multiple Consul Generals, including Japanese Consul General Junko Yakata, was that of the 90 day reporting required of all foreigners on long stay visa extensions. Consul General Yakata told the officials that there are 3,000 Japanese nationals living in Northern Thailand. She requested a simplification of the process, perhaps by extending the length of time needed in between reports.

Chinese Consul General Zhu Weimin requested a change in the 90 day reporting procedure as well, citing the large numbers of Chinese students who attend Chiang Mai schools who cannot take time off from school to travel to Immigration to report. He suggested they open on the weekends for those who have jobs and classes.

The official justified the 90 day reporting by saying “it allows us the best possible protection. If someone goes missing then we have more recent information as to their whereabouts to give to the Embassy.”

90 day reporting is currently required of those foreigners remaining in Thailand on a Thai visa extension. Anyone in the Kingdom on an extension must report their address every 90 days. As can be gathered from the above quotation, some foreign nationals in Thailand feel that the 90 day reporting requirement is cumbersome. However, Thai authorities seem unwilling to change the rules as the current system would seem to provide the most efficient method of maintaining records as to the last known addresses of foreign nationals in Thailand. This is important as Thai authorities can use the data from 90 day reporting to apprise foreign governments of the location of their citizens for purposes of death or disappearance in Thailand. In this author’s opinion, the 90 day reporting scheme is rather cumbersome, but no one, as of yet, has provided a feasible alternative which would comport to the needs of all concerned.

For Related Information please see: Thailand Permanent Residence.

Tags: Foreign Tabien Baan, Naturalization, O visa, Tabien Baan, Tabien Bahn, Tambien Bahn, Thai Business Visa, Thai Citizenship, Thai Citizenship Rules, Thai Naturalization, Thai Naturalization Requirements, Thai O Visa, Thai permanent residence, Thailand Citizenhip Requirements, Thailand Citizenship, Thailand Permanent Residence, Thailand Visa, Thailand visa extension, Yellow Tabien Baan
Posted in News, Thai Family Law, Thailand Property, Thailand Real Estate, Thailand Visa, Thailand Work Permit, Upcoming Legislation | No Comments »

This author has had the good fortune to witness the many different ways in which Thailand visa applications are adjudicated. Generally, the adjudication of Thai visa applications depends upon the post at which the applicant is applying.

At many of the Thai Consulates and Embassies in Southeast Asia a long term Thai visa can be difficult to obtain (long term meaning those visas issued with a validity of more than 90 days). This is likely due to the fact that many of the posts in Southeastern Asia have become used to so-called “visa runners” who use nearby Thai Consulates to obtain visas to remain in the country long term. At one time, the Royal Thai Consulate in Penang was popular among visa runners. This author recently had the opportunity to visit the Thai Consulate in Burma and was surprised to find an extremely efficient and well run post, but one that does not routinely issue visas with more validity than 90 days.

Unlike the United States, Thailand issues very few, if any, immigrant visas at Consulates and Embassies abroad. Part of this is likely due to the fact that these two Immigration systems are very different. However, another explanation could be the fact that Royal Thai Embassies and Consulates abroad may not have the capacity to handle the adjudication of Immigrant visas like a US Embassy or US Consulate. Also, Royal Thai Immigration is exclusively responsible for the adjudication of Immigrant visas (also known as Thai Permanent Residence) and such visa applications must be approved in Thailand.

Since Thai Embassies and Consulates generally only issue non-immigrant visas the next question that most people ask is: “how long are such visas valid.” This depends upon the category of the Thai visa, but Royal Thai Embassies generally have the discretion to issue visas with as much as 3 years validity. As a practical matter, the Consulate or Embassy will only issue a visa with a maximum validity of 1 year.

Some Consulates require the applicant to physically present themselves, while other allow for visas to be applied for by post. However, one should not assume that simply because the application is sent in by mail that the officer does not scrutinize the application. On the contrary, there are some who would argue that such applications are more heavily scrutinized compared to “walk in” applications.

Generally, Royal Thai Consulates post the general application requirements and it is incumbent upon the applicant to demonstrate that they meet the requirements and should therefore be granted the Thai visa. Thai tourist visas generally require the least expediture of resources on the part of the applicant. However, Thai Business visas, Thai Retirement visas, and Thai O visas can require a great deal of work in order for the applicant to obtain approval.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thailand Business Visa, Thailand Consulate, Thailand Embassy, Thailand Permanent Residence, Thailand Permanent Resident, Thailand Visa, US Consulate, US Embassy
Posted in Thailand Embassy, Thailand Embassy Myanmar, Thailand Visa, us embassy bangkok, US Embassy Thailand | No Comments »

Many long term expatriates in Thailand eventually begin to think about the possibility of applying for Thai Permanent Residence. As with many things in Thailand, acquiring Thailand Permanent Residence can be a very time consuming proposition and failure to maintain one’s Immigration status prior to the submission of a Permanent Residence application could result in major delays and frustration.

Although it can be somewhat simple to obtain a short term Thailand visa (Thai tourist visa, ED visa, etc), obtaining a long stay Thai visa can be extremely difficult in some situations. For many, obtaining a Thai business visa can be a daunting endeavor. Even more difficult is the visa extension process which requires a great deal of documentation for those who are seeking to extend a validly issued Thai business visa.  For those who are staying in Thailand on a visa that is based upon a relationship to a Thai national, the extension process generally requires less documentation, but does require a showing of financial sufficiency.

The reason the extension process is mentioned above is due to the fact that it has a critical impact upon the Permanent Residence application. Under current Thai Immigration regulations a foreign national in Thailand must have maintained at least 3 years of unbroken visa status in Thailand in order to be eligible for Permanent Residence. This means that the foreigner needs to have had 3 visa extensions with no “gaps” of unlawful presence.

Maintaining said status for three years can be a difficult task particularly for those who are employed by multiple companies. One in this position must make certain that their visa status remains unbroken despite changes of employment and/or visa sponsorship. For the self-employed who own their own Thai Company and use it to maintain a Thai visa and work permit, this is less of an issue. Even then, one should keep a close eye upon one’s visa status.

A common question with regard to Thai Permanent Residence and prior visa status involves the Thai Reentry Permit. A Thai reentry permit allows a foreigner to leave the country and return while still maintaining the same visa status. If a reentry permit is obtained then lawful status can be maintained and so long as it is maintained for 3 or more years the visa holder may apply for permanent residence in Thailand provided the other requirements are met. If a visa holder does not return to the Kingdom to maintain their status they will fall out of status and subsequently become ineligible for Permanent residence.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thai Visa Extension, Thailand Business Visa, Thailand Permanent Residence, Thailand Visa, Thailand visa extension
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | No Comments »

It is interesting to discuss recent changes in Thai Immigration rules with the so-called “old timers” or “old Thailand hands” because they can remember far simpler times when Thai Immigration rules were far less byzantine and self-contradictory. That being said, Thailand was also a far less hospitable place in the past and a by-product of Thailand’s overall economic expansion has been a tightening of Thai Immigration regulations.

At one time, immediately following the second world war any entrant into the Kingdom was immediately accorded immigrant status which today would be known as Thai Permanent Residence. Although not Thai Citizens, Immigrant in the Kingdom were accorded a great many legal rights and privileges.

As time passed, a new immigration category was added: Non-immigrant. This category was initially intended for obvious tourists and other persons present in the Kingdom with non-immigrant intent. At this point it was still relatively easy to acquire permanent resident status in the Kingdom of Thailand. A visa holder classified as non-immigrant could generally convert their visa to the immigrant visa category within a few weeks and legally take up permanent residence (a process called adjustment of status in present USA visa parlance).

In the early to middle nineteen seventies, the sub-stratification of the non-immigrant visa category began. Within the non-immigrant visa category, the entrant was deemed to be in the Kingdom for a certain purpose. As a result there were Thai tourist visas, Thai business visas, Thai O visas, etc. Also, at this time, Thai Permanent Residence became extremely difficult to obtain when compared to the ease with which it could have been acquired in the past. Quotas were set regarding the number of applications that would be accepted for applicants of differing nationality.  An applicant was also required to remain in the Kingdom for at least three consecutive legally unbroken years before an application for residence would be accepted.

It is also interesting to hear about times past because the Thai work permit was originally not an issue. For a long time, it was not necessary for a foreign national in Thailand to obtain a work permit in order to be employed in the Kingdom. In the nineteen seventies, this situation changed and any non-Thai national was compelled to acquire a work permit to be employed in Thailand. Originally, many people were granted lifetime work permits. In other cases, the work permit itself had to be renewed but the particulars of the permit were not reviewable. This meant that although one had to maintain the necessary fees, the Ministry of Labour could not cancel the permit for any reason other than failure to pay the administrative fee. All of this is very different than the system today where Thai work permits are constantly renewable and visa regulations seem to change with the wind.

Tags: Thai Business Visa, Thai O Visa, Thai permanent residence, Thai Work Permit, Thailand Business Visa, Thailand Permanent Residence, Thailand Visa, Thailand Work Permit
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa, Weird Law | No Comments »

I was speaking with a Thai-British Dual national recently who only just obtained documentation reflecting his Thai nationality. There are some interesting misconceptions regarding Thai Nationality. One of the first major misconceptions is the idea that one is not Thai until they obtain a Thai Identification Card or a Thai passport. In point of fact, if one is born Thai, then regardless of whether they obtained a Thai ID card, they are Thai from birth.

There is also a mistaken belief that if one is born to a Thai mother outside of Thailand, then the child is not a Thai national. Again, this is not the case. Any person born to a Thai mother is Thai. Another very interesting aspect of Thai law regarding nationality is the idea that any person born of two immigrants in Thailand is Thai. This provision should not be misconstrued, under Thai law an immigrant is one who has what we call Thai permanent residence. Therefore, a child of two Non-Immigrant visa holders (Thai B Visa, Thai O Visa, Thai ED Visa, etc.) will not be born a Thai national. However, in the past what is now known as Thai permanent residence was given out quite frequently to those entering the Kingdom and as a result, the offspring of those immigrants were given Thai nationality from birth.

After reading through the provisions of the Thai nationality act, it is clear that specific legal mechanisms were created for Thai women to renounce their Thai Citizenship. Women could renounce their citizenship if they were taking the citizenship of their foreign husband (other provisions in the act were created to allow Thai citizenship to be reclaimed after renunciation should the Thai woman deem it necessary). However, there are no provisions providing for male renunciation of Thai citizenship. This begs the question: Can a Thai-born man renounce his Thai Citizenship? The answer appears to be: No.  The policy reason behind this bar on renunciation probably stems from the fact that male Thai nationals are subject to conscription for military service. Therefore, the bar on renouncing Thai citizenship seeks to limit the ability of those who may wish to avoid military service, but it creates some confusing scenarios where a Thai man seeks to obtain another nationality. There are certain countries that require renunciation of one’s prior citizenship before naturalization, but where the Thais do not recognize the renunciation it creates a situation in which a person is unable to renounce his citizenship. This then creates a precarious legal predicament because if one is required to renounce previous citizenship, but cannot do so, does this bar them from taking another citizenship?

(None of this post should be considered legal advice. For such advice contact an Attorney. No relationship with an attorney is formed by reading this post.)

Tags: Thai Citizenship, Thai Immigration, Thai Nationality, Thailand Permanent Residence
Posted in General Legal Information, Thailand Visa, Weird Law | No Comments »

For the long term expatriate living in Thailand, the question of Thai permanent residence invariably arises at some point. Many people wish to obtain permanent residence, but are overwhelmed by the difficulties involved in getting Thai PR. Hopefully this post will add some perspective on the subject.

Requirements for Obtaining Thai Permanent Residency

This post is not exhaustive, but merely gives the “broad strokes,” regarding Thai Permanent Residence. One of the major requirements for obtaining Thai permanent residence is that the applicant must have been in Thailand for a minimum of 3 consecutive years on Thai visa extensions.  A person present in Thailand using a Thai Multiple Entry Visa does not meet the requirement as the applicant must have been present using extensions. The Thai authorities are very strict on this requirement, even a one day gap in visa status can cost an applicant the right to apply for Thai permanent residence. For those seeking to obtain Thai Permanent Residence, scrupulous precautions should be taken to ensure that the prospective applicant maintains proper status.

There is also a salary requirement. The applicant must be able to prove a salary of at least 80,000 Thai baht per month at the time of application. Although this financial ability need only be shown at the time of filing, it is probably prudent to show a history of compensation at this rate, and the longer one can show this compensation history the better.

Thai permanent residence is somewhat odd in comparison to an American Green Card in that a Green Card confers the automatic right to work along with the right to remain in the United States. With Thai permanent residence, the right to work is not guaranteed, and as a result the permanent resident in Thailand must still obtain a work permit if he or she wishes to seek employment.  The Thai permanent residence application process is somewhat similar to the adjustment of status process for a US visa in that an applicant for Thai permanent residence is entitled to remain in Thailand while the Permanent Residence application is pending.

There is a basic Thai language requirement in order to obtain permanent residence, so the prospective applicant should study Thai in order to speak at a level of basic competence.  The prospective permanent resident is also subject to an interview and should be prepared to interview in Thai where possible.

After obtaining Thai permanent residency, the permanent resident should be cautious when leaving the country and make sure to obtain reentry permits (similar to US reentry permits) when preparing to depart the Kingdom in order to ensure that thy do not lose their permanent residency upon departure.

(Note: Nothing in this post should be used as a substitute for competent legal advice from a Thai lawyer. No attorney client relationship is created between the author and any reader of this article.)

Tags: Thai Green Card, Thai PR, Thailand Permanent Residence, Thailand Permanent Resident, Thailand PR, Thailand Visa
Posted in Thailand Visa | 1 Comment »

For the most part issues involving Thailand Business Visas can be broken don into three categories: Thai Visa Extensions, Thai Multiple Entry One Year Visas, and Thai Permanent Residence.

The Thai Multiple Entry One Year Business Visa

A multiple entry business visa is a long term visa that allows the holder the right to remain in Thailand for a period of up to 90 days per entry, but the visas validity is for 1 year. This means that one must make the obligatory “border run” e very 90 days in order to stay in status. A border run is the euphemism used amongst expats in Thailand (and Southeast Asia) when speaking about going to the border with the primary purpose not being to leave the country, but to maintain legal status. An odd “bonus” with regard to the long term visa is the fact that toward the end of the one year visa’s validity one can reenter the country shortly before the visa’s expiration and receive an extra 90 days on the back end.

The Thai Visa Extension

The extension of a Thai visa occurs inside of Thailand. One must file for an extension with Royal Thai Immigration. In order to obtain a visa extension based upon a Business Visa, one must show that the employer has at least four Thai employees for every foreign employee. Also, the visa extension applicant must have a Thai work permit. The business must also produce evidence showing a history of corporate income tax and VAT payment in order to obtain a visa extension for a foreign employee. Finally, should the extension be granted, the foreign visa holder must obtain a reentry permit in order to leave the country and remain in status upon the same visa. (The reentry permit is something akin to reentry permits for US Visas).

Thai Permanent Residence

Thai permanent residence is a difficult and time consuming status to obtain. In order to apply for permanent residence, one must have been resident in the Kingdom for three consecutive years on visa extensions (multiple entry visas will not suffice as one goes out of status at each border run).  There are also salary requirements as well as a minimum Thai language proficiency requirement. Once permanent residence is granted the permanent resident will still need to obtain a Thai work permit should he or she decide to obtain employment. The positive aspect of permanent residence is the fact that permanent resident’s visa does not “sunset,” and can only be specifically revoked.

Note:  Nothing in this post should be construed or inferred as creating an attorney client relationship nor should be used instead of legal advice from a licensed attorney in your jurisdiction.

Tags: long term visa Thailand, Thai B Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand Permanent Residence
Posted in Thailand Visa | 2 Comments »