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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Acknowledgments:

Specializing in both family and business legal assistance, Chaninat & Leeds is led by an American Attorney in Bangkok.  They provide a variety of professional services particularly US immigration, land acquisition, intellectual property rights and foreign company registration.




Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up
 

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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