Thailand Immigration Act B.E.2522 (Sections 40-52)
Chapter 5
Taking Residency in the Kingdom
Section 40. Subject to the provisions of Sections 42, 43, and 51, the Minister, with the approval of the Council of Ministers, shall have the power to publish, in the Government Gazette, the immigration quotas for aliens taking up residency in the Kingdom each year. These quotas shall not exceed one hundred persons per year from each country. For stateless persons, the number shall not exceed fifty per year.
For the purpose of determining the quota number of aliens, all colonies of one country together, or each autonomous dominion, shall be counted as one country.
Section 41. An alien shall not be allowed to take up residency in the Kingdom unless permitted by the Immigration Commission and with the approval of the Minister, subject to the immigration quota published by the Minister in accordance with Section 40 and the receipt of a residence certificate in accordance with Section 47.
In the best interests of the country, the Immigration Commission shall prescribe criteria for the qualifications of aliens applying for residency in the Kingdom. These criteria will consider income, properties, knowledge, occupational ability, family status with Thai nationals, national security, and other relevant conditions.
Aliens may apply for residency either before entering the Kingdom or after receiving permission for a temporary stay.
For the purpose of this Act, the Commission shall have the power to prescribe criteria allowing aliens who enter the Kingdom temporarily under any of the cases specified in Section 34 to submit an application for residency.
Aliens permitted residency in the Kingdom before entering shall only acquire residency upon entering the Kingdom, submitting the required documentation, passing inspection, and receiving approval from the competent official under Section 18, paragraph two. The aliens must not be prohibited persons under Sections 12 and 44, and must have already received the residence certificate in accordance with Section 47. They may stay in the Kingdom pending the processing of the residence certificate.
Section 42. The following persons are not subject to the immigration quotas published by the Minister under Section 40:
- An alien who has taken up residency in the Kingdom and is re-entering the Kingdom in accordance with Sections 48 or 51.
- A woman who was a Thai national by birth and has renounced Thai nationality upon marrying an alien.
- A non-sui juris child of a woman who was a Thai national by birth, regardless of whether she has renounced Thai nationality upon marrying an alien.
- A child of alien parents born while the mother was outside the Kingdom, with evidence of an application notifying departure from the Kingdom for re-entering under Section 48, provided the child arrives in the Kingdom with the father or mother who re-enters within the specified time period and the child is not older than one year.
Section 43. An alien who brings in an amount of not less than ten million baht in foreign currency for investment in the Kingdom may, if deemed not in violation of the provisions of this Act by the Commission and with the approval of the Minister, be permitted to take up residency in the Kingdom in addition to the quota number published by the Minister under Section 40. However, each year, this shall not exceed 5 percent of the said quota.
For the purpose of inspecting foreign currency brought in for investment, the alien permitted residency under this paragraph shall declare his or her financial status in accordance with regulations prescribed by the Commission for a period of not less than two years and not exceeding five years, as deemed expedient by the Commission.
Section 44. No alien shall take up residency in the Kingdom if it appears that the alien:
- Has been punished by imprisonment by a judgment of a Thai court or a lawful order or judgment of a court in a foreign country, except for petty offenses or offenses committed through negligence, or offenses exempted by Ministerial Regulations.
- Is unable to earn a living due to physical infirmity, mental defect, or diseases as prescribed by Ministerial Regulations.
The provisions of subsection (2) shall not apply to an alien who is a father, mother, husband, wife, or child of a person domiciled in the Kingdom, provided they have the capability to support each other.
Section 45. An alien permitted to stay temporarily in the Kingdom who wishes to take up residency must submit an application as prescribed in the Ministerial Regulations to the immigration office in the locality where the alien resides. If there is no immigration office in the locality, the application must be submitted to the nearest immigration office. If the Commission determines that the quota is not exceeded in accordance with Sections 40 or 43, and the alien is not a person under Section 42 nor a prohibited person under Section 44, the alien may be permitted to take up residency in the Kingdom with the approval of the Minister.
If the alien’s temporary stay period will expire while the residency application is being considered, the alien may apply at the same immigration office to stay in the Kingdom until a decision is made. The Commission or the designated competent official may grant permission, possibly setting conditions as deemed appropriate.
The application under this paragraph is subject to payment of fees as prescribed in the Ministerial Regulations.
Section 46. If an alien who entered the Kingdom and is waiting for a residence certificate under Section 41, or awaiting consideration by the Commission or competent official under Section 45, leaves the Kingdom, it shall be deemed that the grace period for temporary stay under Section 41, paragraph five or Section 45, paragraph two is terminated. However, if the alien was granted permission to re-enter before leaving and re-enters within the specified time, the alien may continue to stay in the Kingdom as granted.
Section 47. An alien permitted to take up residency in the Kingdom shall apply for a residence certificate from the Director-General or from the competent official designated by the Director-General within thirty days from the date of receiving written notification from the competent official.
If an alien under twelve years of age has been granted permission to take up residency, the person exercising parental power or the guardian shall apply for the residence certificate on behalf of the child. In such cases, the Director-General may issue either a separate residence certificate or a joint residence certificate with the person exercising parental power or the guardian.
If the residence certificate is not applied for, the Commission may extinguish the permission for residency. In such cases, the grace period for stay in the Kingdom under Section 41, paragraph five or Section 45, paragraph two shall be terminated.
The applicant for a residence certificate shall pay fees as prescribed in the Ministerial Regulations.
Section 48. A residence certificate is perpetually valid. However, if its holder leaves the Kingdom, the certificate shall no longer be valid unless, prior to leaving, the holder has notified the competent official and obtained a notification of departure for re-entry under Section 50. If the alien re-enters the Kingdom within one year from the date of the notification and is not a prohibited person under Sections 12 or 44, the residence certificate shall remain valid.
The provisions of Section 12, specifically concerning visa stamping in passports or travel documents, and certain subsections, shall not apply to cases in paragraph one.
Section 49. The residence certificate that is no longer valid under Section 48 shall be returned to the competent official by the holder or the person who has it in possession. The residence certificate of a deceased alien shall be returned to the competent official by the person in possession.
Section 50. Any alien who has lawfully taken up residency in the Kingdom and wishes to leave and re-enter the Kingdom shall:
- Present the residence certificate to the competent official for endorsement of departure and re-entry notification in the manner prescribed in the Ministerial Regulations.
- If no residence certificate is available because the alien was permitted to stay before the requirement for a residence certificate was established, the alien shall first apply for a residence certificate from the competent official and then proceed as provided in (1).
- If there is no space left for the endorsement referred to in (1), the residence certificate holder shall first apply for a replacement of the residence certificate as mentioned in Section 52.
The departure and re-entry notification shall be valid for one year from the date the competent official makes it. During that period, the holder may make as many departures and re-entries as desired.
The application for departure and re-entry notification and the issuance of a residence certificate under (2) are subject to fees as prescribed in the Ministerial Regulations.
Section 51. An alien who had residency in the Kingdom but lacks evidence of departure and re-entry notification, or has such evidence but did not re-enter within the time specified in Section 48, and wishes to resume residency, must file an application in the manner prescribed by the Ministerial Regulations for consideration and permission. If the Commission finds the alien has reasonable excuses and is not prohibited by Sections 12 and 44, it may permit the alien to continue residency in the Kingdom with the Minister’s approval. A new residence certificate must be applied for, and the provisions of Section 45, paragraph two, shall apply mutatis mutandis during the application period.
The provisions of Section 12, specifically concerning visa stamping in passports or travel documents, shall not apply to cases in paragraph one.
The applicant for a new residence certificate under paragraph one shall pay fees at the rate and criteria prescribed in the Ministerial Regulations.
Section 52. If documents issued under this Act are lost or ruined and the holders wish to obtain a substitute, or if a replacement of the residence certificate is required under Section 50, paragraph three, the competent official, after satisfactory investigation, shall issue a substitute or replacement residence certificate. The applicant shall pay fees as prescribed in the Ministerial Regulations.
The English language translation is provided for research and educational purposes only.
Persons with legal problems in Thailand are advised to contact a licensed lawyer, US Immigration Attorney Thailand
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