Integrity Legal

It appears that as of July 25, 2019 the Immigration authorities in Thailand have begun accepting petitions for permanent residence. For those unaware, it should be noted that Thai Immigration authorities tend to only open the “window” for PR applications for a few months to allow applicants an opportunity to file their petitions. Those seeking permanent residence in Thailand may apply based upon the following categories: investment, working/business, humanitarian, experts, and extraordinary circumstances on a ad-hoc basis. Those who obtain permanent residence are able to have their name listed in a blue Tabien Baan (also known as a House Book). Furthermore, individuals with permanent residence in Thailand no longer need to deal with 90 Day reporting nor do they ever need to renew a Thai visa as their status is considered permanent. Those seeking Thai PR should note that there are quotas on the number of residence books which will be allocated in a given year. These quotas are based upon nationality.

Meanwhile, it appears that as of the time of this writing the Thai Immigration authorities have yet to implement recently announced regulations pertaining to health insurance for retirement visas in the Kingdom. In a recent article in The Phuket News it has been noted that Thai Consular Officers and Embassies and Consulates abroad and Immigration officials in the Kingdom have yet to be ordered to begin evaluating insurance policies for those seeking retirement visas and/or retirement visa extension. To quote directly from the The Phuket News:

Phuket Immigration Police Chief Col Kathathorn Kumthieng confirmed to The Phuket News this week that his office has yet to receive an order instructing his office to start enforcing the mandatory health insurance requirement, approved by the Cabinet on April 2.

It remains to be seen exactly when the retirement visa insurance scheme will be fully implemented. However, it appears imprudent to presume that these proposed rules have been abandoned even if they have yet to be implemented.

Meanwhile, many foreign nationals in Thailand are increasingly irritated by the increasingly enforced TM.30. For those unaware the TM30 form is used to comply with the Immigration Act provisions requiring foreign nationals temporarily present in Thailand to report their address to Immigration officials. There appears to be some confusion whether TM30 rules apply to those in the Kingdom who maintain a yellow house book. Some foreign nationals in Thailand are calling for TM30 to be scrapped in favor of a more efficient and up to date system. Although rules regarding the TM 30 have not been enforced for many years, if not decades, the Immigration Bureau in Thailand began enforcing the law on residence reporting in earnest earlier this year with the result that many foreigners have been asked to file TM30, or pay fines, before being allowed to extend a Thai visa. This has caused a great deal of consternation which recently has come to a head in the form of a petition requesting that the Thai government reevaluate its TM30 policies. How exactly this initiative plays out remains to be seen, but there are valid arguments in favor of streamlining the TM 30 process.

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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.

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