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
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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
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