Section 44 : No alien is authorized to take up residence in the Kingdom, if it appears that said alien :
1. has been punished with imprisonment by judgement or legal order of a Thai or foreign
country court, except a minor offense committed by negligence , or an offense exempted as prescribed by
the Ministerial Regulations.
2. Is unable to earn his living because of mental defect or physical infirmity or having any
diseases as prescribed by Ministerial Regulations.
The provision of (2) shall not apply to an alien father, mother, husband, wife or child of the one having
domicile within the Kingdom and is able to support each other.
Section 45 : If the alien who has been granted to stay temporarily in the Kingdom wishes to take up
residence in the Kingdom , he must submit an application as prescribed in the Ministerial Regulations to
the Immigration Office in the area , the application must be submitted to the nearest Immigration Office.
When the Immigration Commission considers that the quota is not over subscribed then notification
prescribed by the Minister , in accordance with Section 40 or 43 as the case may be or the alien in the
person under Section 44, the alien may be allowed to take up residence in the Kingdom under the
concurrence of the Minister.
When the alien applies for residence in the Kingdom and the authorized period of time granted
him to stay temporarily in the Kingdom has expired during consideration. The alien may apply at the same
Immigration Office for an extension of stay till the date the result of the consideration will be made know
to him. The Immigration Commission or competent official deputized by Immigration Commission, shall
have power to grant permission by affixing any conditions.
In submitting application in reference to the first paragraph , the applicant must pay a fee as fixed
in the Ministerial Regulations.
Section 46 : Any alien entering into the Kingdom, and if while waiting to receive a Residence Certificate
in reference to Section 41 or while waiting to know the result of consideration of the Immigration
Commission , or of competent official deputized by the Immigration Commission under Section 45 Para 2.,leaves the Kingdom , it is recognized that a leniency for temporary stay in the Kingdom in reference to
Section 41 Para 5 or section 45 Para.2 is expired. Unless prior to departing the Kingdom the alien
concerned has been granted permission to return by a competent official, and he has returned within the
period of prescribed time, the alien concerned will be allowed to stay for the rest of the prescribed time.
Section 47 : The alien who is allowed to take up residence in the Kingdom must apply for a Residence
Certificate from the Director General or from a competent official deputized by the Director General within
30 days from the date receiving written notification from a competent official.
In the case that the alien, whose age is under 12 years, is granted permission to take up
Residence in the Kingdom , the person with guardian power or the guardian must apply for a Residence
Certificate on behalf of the alien concerned. The Director General ,or competent official deputized by the
Director General , shall issue a separate Residence Certificate or together with the person having
guardian power or the guardian.
If the alien concerned fails to apply for a Residence Certificate within prescribed period of time,
under Para.1 of this Section , the Immigration Commission may hold back issuing of permission to reside
in the Kingdom. If so, a leniency for temporary stay in the Kingdom in reference to Section 41 Para.5 or
Section 45 Para.2, would be expired.
The applicant for a Residence Certificate must pay a fee as prescribed in the Ministerial
Section 48 : A residence Certificate is of permanent validity, but it expires when the holder leaves the
Kingdom , unless prior to departing , the holder has his departure for return document endorsed by a
competent official in accordance with Section 50. In such a case , if the certificate holder returns to the
Kingdom within one year from the date of endorsement and he is not excluded from entry according to
Section 12 or 44 , a Residence Certificate shall be considered still valid.
The provisions of Section 12 (1) concerning visa , and (2) and (3) and (4) shall not apply to the
first paragraph of this Section.
Section 49 : The holder or person who has in his possession a Residence Certificate not used in
reference to Section 48 must return it to the competent official.
The person who has in his possession a Residence Certificate of a dead alien must return it to
the competent official.
Section 50 : Any alien having lawfully entered and being a resident in the Kingdom and wishes to leave
the Kingdom with intention to return, shall :
1. Present his Residence Certificate to the competent official for endorsement of departure for
return in accordance with the procedure prescribed in the Ministerial Regulations.
2. If no Residence Certificate has been issued ,because said alien was granted permission to
reside in the country before the regulation to obtain a Residence Certificate was in affect he must apply
for the same through the competent official and conform with (1),
3. If there is not enough space for endorsement in accordance with (1), the holder must change
his Residence Certificate in accordance to Section 52.
Document of departure for returns valid for one year from the date of endorsement made by the
competent official. The certificate holder can make as many departures and returns with the one year
period as he desire.
A fee must be paid as prescribed in the Ministerial Regulations for notification of departure for
return and for issuing a residence Certificate in reference to (2).
Section 51 : Any alien who has formerly resided in the Kingdom but has no document of departure for
return or has a document of departure for return, but has not returned to the Kingdom in reference to the
time prescribed in Section 48 and the alien wishes to take up residence in the Kingdom again , he must
submit an application in accordance with the procedure as prescribed in the Ministerial Regulations for
consideration and approval. When the Immigration Commission considers that the alien has reason and
proper excuse and he is not excluded from entry under Section 12 and Section 44 , the alien may be
permitted to enter to take up residence in the Kingdom under the concurrence of the Minister, but the
alien has to receive a new Residence Certificate. The provision of Section 45 Para.2 shall be applied
Mutatis Mutandis while waiting for permission.