Thailand Immigration Act B.E.2522 (Sections 34-39)

Chapter 4

Temporary Stay in the Kingdom

 

Section 34. Aliens entering the Kingdom for a temporary stay may do so for the following activities:

 

1. Diplomatic or consular missions
2. Performance of official duties
3. Tourism
4. Sports
5. Business
6. Investments as approved by the relevant ministries and departments
7. Investments or activities related to investments subject to the provisions of laws on investment promotion
8. Being transit passengers
9. Being the person in charge of a conveyance or crew of a conveyance arriving at a terminal, port, or station in the Kingdom
10. Education or observation
11. Mass media duties
12. Missionary work with approval from the relevant ministries and departments
13. Scientific research or teacher training in a research or educational institute in the Kingdom
14. Practicing as skilled craftsmen or specialists
15. Other activities as prescribed in the Ministerial Regulations

 

Section 35. The Director-General or the competent official designated by the Director-General shall have the authority to permit an alien, who has entered the Kingdom for a temporary stay under Section 34, to remain in the Kingdom under prescribed conditions. The permitted periods of stay are as follows:

 

1. Not exceeding thirty days for cases under Section 34 (4), (8), and (9)
2. Not exceeding ninety days for cases under Section 34 (3)
3. Not exceeding one year for cases under Section 34 (5), (10), (11), (12), (13), (14), and (15)
4. Not exceeding two years for cases under Section 34 (6)
5. For as long as necessary for cases under Section 34 (1) and (2)
6. For as long as deemed reasonable by the Board of Investment for cases under Section 34 (7)

In cases where it is necessary for an alien to stay in the Kingdom for a longer period than prescribed in subsections (1), (2), (3), and (4), the Director-General shall consider granting an extension of stay for a period not exceeding one year at a time. After granting permission, the Director-General shall report the reasons to the Commission within seven days from the date the permission is granted.

 

Each application for an extension of temporary stay shall be made in the form and with the payment of fees as prescribed in the Ministerial Regulations. The alien may be permitted to stay in the Kingdom pending the decision.

 

Section 36. If an alien who has been granted temporary stay behaves in a manner that reasonably warrants revocation of the permission, the Director-General or the Commission shall have the power to revoke the permission, regardless of whether it was granted by the Director-General or the designated person.

 

If the Director-General revokes the permission, the alien may appeal to the Commission. The Commission’s decision shall be final. If the Commission revokes the permission, the Commission’s order is final.

 

The appeal against the Director-General’s order shall be lodged with the competent official within forty-eight hours from the time the order is acknowledged. The appeal must be made in the form and with the payment of fees as prescribed in the Ministerial Regulations.

 

Upon revocation of permission, a written notice shall be given to the alien. If such notice cannot be given to the alien, after the expiration of forty-eight hours from the time the competent official posts the notice at the alien’s notified residence, it shall be deemed that the alien has acknowledged the revocation order.

 

Section 37. An alien permitted to stay temporarily in the Kingdom shall:

 

1. Not engage in occupation or employment except with permission from the Director-General or the competent official designated by the Director-General. If there is a law providing otherwise, the permission must be in accordance with that law.
2. Reside at the place notified to the competent official. If it is necessary to change residence, the change must be notified to the competent official within twenty-four hours from the time of moving.
3. Notify the police officer at the local police station of the jurisdiction in which the alien resides within twenty-four hours from the time of moving in. If the new residence is in a different jurisdiction, the alien must notify the police officer of the new jurisdiction within twenty-four hours from arrival.
4. If traveling to any province and staying there longer than twenty-four hours, notify the police officer at the local police station of that province within forty-eight hours from arrival.
5. If staying in the Kingdom for longer than ninety days, notify the competent official at the Immigration Division of his or her residence in writing without delay upon completion of each ninety-day period. This must be repeated at every ninety-day interval. If there is an immigration office in the locality, notification may be made to that immigration office.

The Director-General may prescribe exceptions and conditions for the provisions of subsections (3) and (4) as applicable.

 

The notification under this Section may be made in person or in writing to the competent official as regulated by the Director-General.

 

Section 38. The householder, owner, or possessor of a dwelling place or hotel manager who accommodates an alien with permission to temporarily stay in the Kingdom shall notify the competent official at the immigration office located in the locality within twenty-four hours from the time the alien takes residence. If there is no immigration office in that locality, the notification shall be made to the police officer at the local police station.

 

If the residence is in Bangkok Metropolis, notification shall be made to the competent official at the Immigration Division.

 

The notifications mentioned in paragraphs one and two shall be made in accordance with regulations prescribed by the Director-General.

 

Section 39. If an alien leaves the Kingdom after receiving permission for a temporary stay, it shall be deemed that the temporary stay permission is terminated. However, if the alien is granted permission to re-enter by the competent official before leaving the Kingdom, and the re-entering alien is not prohibited under Section 12, and if the period of stay previously permitted has not expired, the alien shall be permitted to stay for the remaining period.

 

In requesting permission for re-entry, the alien shall submit an application in the form and with the payment of 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 Lawyers in Thailand

 

 

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