4. If the alien travels to any province and will stay there longer than twenty – four hours , such
alien must notify the police official of the police station for that area within forty – eight hours from the time
of arrival.
5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the
competent official at the Immigration Division , in writing , concerning his place of stay , as soon as
possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is
an Immigration Office , the alien may notify a competent Immigration Official of that office.
The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as
prescribed by the Director General.
In making notification under this Section , the alien may make notification in person or send a
letter of notification to the competent official , in accordance with the regulations prescribed by the
Director General .
Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager
where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the
competent official of the Immigration Office located in the same area with that hours , dwelling place or
hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office
located in that area , the local police official for that area must be notified.
In case the house , dwelling place , or hotel where the alien has stayed under provision of Para.1
is located within the Bangkok area , such notification must be reported to the competent official at the
Immigration Division.
Making notification , in reference to the Para 1 and 2 of this Section , must comply with
regulations prescribed by the Director General.
Section 39 : After having received permission for temporary entry into the Kingdom , if the alien leaves
the Kingdom it is considered that his temporary entry permit has expired. But , if prior to leaving the alien
is granted permission to return by the competent official , and the alien returning is not excluded from
entry under Section 12.and the period of time previously authorized has not expired , the alien shall be
authorized to stay in the Kingdom for the rest of the authorized time.
In asking permission for re – entry , the alien must submit an application in accordance with the
form and pay a fee in accordance with the rate and regulations as prescribed in the Ministerial
Regulations.
Chapter 5
Entering to take Resedence in the Kingdom
Section 40 : Subject to the provisions of Section 42, 43 and 51 , the Minister , by the approval of the
Cabinet , shall have power to publish , in the Government Gazette , immigration quotas from year to year
( not exceeding 100 persons per year from each country and not exceeding 50 persons who have no
nationality ).
For the purpose of fixing immigration quotas , all the colonies of a country or each self– governing country shall be recognized as one country.
Section 41 : Alien shall not be allowed to take up residence in the Kingdom unless authorized by the
Immigration Commission and by the approval of the Minister , within the immigration quota limitation as
prescribed by the Minister in accordance with the provision of Section 40 , and providing that the alien
concerned has received a Residence Certificate in accordance with the provision of Section 47.
For the most benefit of the country in allowing the alien to take up residence in the Kingdom , the
Immigration Commission shall fix regulations concerning qualification of the alien entering to take
residence in the Kingdom of Thailand by considering income , property , knowledge , technical ,
professional ability , and family status of such alien in comparison with the Thai national populace ,
considering condition of national security or other appropriate conditions. So it can be used as a
regulation and a condition to consider in allowing the alien to take residence in the Kingdom.
In applying for a Residence Certificate , the alien may apply before coming into the Kingdom or
apply after he has been granted permission to stay temporarily in the Kingdom
The Committee can stipulate any requirement to an alien under Section 34 who is holding a
temporarily permit of stay and applying for a permanent resident visa.
A permanent resident visa of alien obtained prior to his entry into the Kingdom will be effective
when that alien enters the Kingdom to process the relevant formalities and obtains approval from the
authorities indicated under Section 18, Para. 2 that alien must not be the person under Section 12 and
Section 44, and must possess a residence certificate under Section 47. The alien is allowed to stay
temporarily in the Kingdom during the period of processing the residence certificates.
Section 42 : The provision of Section 40 concerning immigration quotas as published by the Minister
shall not apply to the persons listed below :
1. An alien who previously entered to take up residence in the Kingdom and re – entered into
the Kingdom in accordance with Section 48 or 51.
2. A woman having Thai nationality by birth who has renounced Thai nationality in the case of
marriage to an alien.
3. A child of an alien father and mother born while the mother was out of the Kingdom and the
mother has application of departure for return in accordance with the provision of Section 48. When the
child entering into the Kingdom with father or mother who returns within the prescribed time as state in
the application of departure for return and the child is under one year old.
Section 43 : When any alien brings foreign not less than ten million baht , for investment in the Kingdom
and the Immigration Commission has considered that it is not contradictory to the provisions of this Act ,
the Immigration Commission , with the concurrence of the Minister, shall allow said alien to take up
residence in the Kingdom over and the above number of aliens as published by the Minister under
Section 40, but not to exceed 5% of said amount each year.
For the purpose of examination of foreign currency brought in for investment, the alien who is
allowed to take up residence under Para , must display financial status for the period of not less than two
years , but not more than five years, in accordance with the regulation prescribed by the Immigration
Commission , or as the Immigration Commission may deem appropriate.
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