Integrity Legal

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 »