Applying for a resident’s visa in Thailand

Sign Approved Stamp On Document to permit and certify for work document and visa At Desk

Applying for permanent residence in Thailand is an application for permission to stay in Thailand permanently.  Most of them are understood as Permanent Visa or Permanent Residency, which allows them to stay in Thailand without a visa extension every year. However, there must be a re-entry permit for traveling.

This permit is required by foreigners who wish to stay in Thailand in the long term or permanently.
Therefore, the criteria for requesting are detailed and strict. There is also a limit on the number of permissions each year. Registration or admission must be awaited by the Immigration Bureau announcement, which will be announced every year (at the end of the year).

Even if the applicant qualified for all required conditions, however, due to the limited number of the permission, the board of committees will be considered individually and select the best candidates.

General Qualification

  1. A Non-immigrant visa which is a 1-year visa must have been held for at least three consecutive years up to the date of application submission.
  2. Fourteen years old and above.
  3. There is no committed offense in Thailand, according to the Criminal Records Division.
  4. The applicant is not a prohibited person under the Immigration Act B.E. 2522 (1979).
  5. The applicant is not engaged with an Interpol warrant of arrest.
  6. Information on revenue, assets, knowledge, ability, and suitability are displayed.
  7. Speaking and listening to the Thai language understandable (with interviews and tests)

Type / Purpose to stay in Thailand

  1. Investment,
  2. Employment,
  3. Family
    To stay in case of a relationship with Thai citizens and in case of a relationship with foreigners who have been granted residency of Thailand as follows:

3.1 In the case of spouse

  • To provide patronage or to be under the patronage of a Thai spouse.
  • To provide patronage or to be under the patronage of a spouse who was granted permanent residence.

3.2 In the case of children

  • To provide patronage or to be under the patronage of a Thai father or mother.
  • To provide patronage or be under patronage of a father or mother who was granted permanent residence.

3.3 In the case of parent

  • To provide patronage or to be under the patronage of the Thai child.
  • To provide patronage or to be under the patronage of a child who was granted permanent residence.
  • Expert or specialist,
  • Different circumstances in a specific case (individually).

Stay for the investment

Qualification for investment

  1. The investment amount must not be less than 10 million Baht certified by the certificate from a commercial bank in Thailand or by the evidence of transfers from overseas.
  2. The investment amount of one or in a total of investment is not less than 10 million. As follows:
  3. The acquisition is made in a limited company or public company.      
  4. The investment made in Government Bond or State Enterprise Bond.
  5. The investment made in the Stock Exchange of Thailand
  6. After being granted residency, investment holdings must submit documentary evidence of one’s investment acquisition to the Immigration Commission or the authorized official every year. The Committee and Secretary of the Immigration Commission or the authorized official can dismiss the permission in case of ineligible.

Stay for employment

Qualification for employment

  1. The applicant has to work in a high administrative position in the company and has the power to sign to bind the company. A company registered capital is not less than 10 million Baht also not less than one year up to the date of application submission. The position must be an authorized director, and the duration is not less than one year up to the date of application submission.
  2. Salary is not less than 50,000 Baht per month at least two consecutive years up to the date of application submission.
  3. Applicants and the company paid taxes legally.
  4. The company’s business benefits Thailand.

International Trade Business

  • In the past three years, the average number of foreign currencies is not less than 20 million Baht per year.  The company has a certificate from the relevant commercial banks or loaned to the company that produces goods in Thailand by importing foreign currency in the past three years, totaling no less than 100 million Baht.

Tourism Business

  • Based on the past three years, the average annual import of foreigners is at least 5,000 tourists per year.

Other Businesses

  • The applicant must be the shareholder by total paid-up shares, not less than 5 million Baht for two years up to the date of application submission.

If the applicant does not meet the qualifications above, other qualifications must be met:

  1. Holding a work permit for at least three consecutive years up to the date of application submission.
  2. Work in the current company for at least one year up to the date of application submission.
  3. Salary is not less than 80,000 Baht per month, at least two years up to the date of application submission.
  4. Pay a personal income tax at the rate of 100,000 Baht or more, at least two consecutive years up to the date of application submission.

Stay for Family

Qualification for staying in case of a relationship with Thai citizens and residents of Thailand

Qualification in case of spouse

  • To provide patronage or to be under the patronage of a Thai spouse.
  • Be a lawful spouse for not less than two years before the date of application submission.
  • Have a biological child together.
  • In case of inability to have a child, a medical certificate must be required to provide a reason. In infertility without a certificate, their marriage registration must be registered for at least five years before the application date.
  • One or both spouses must earn income for not less than 30,000 Baht per month on average for at least two consecutive years before the date of application submission.
  • Paid taxes legally (proof required).
  • A Thai spouse reveals a purpose to provide patronage or to be under the patronage of the applicant.

* In case of elderly *

  1. Age 50 years old up to the date of application submission.
  2. Be a lawful spouse and registered marriage for at least two years before the date of application submission.
  3. The patronage provider income is not less than 65,000 Baht per month on average for at least two consecutive years up to the date of application submission.
  4. A Thai spouse reveals a purpose to provide patronage or to be under the patronage of the applicant.
  • To provide patronage or to be under the patronage of a spouse who was granted permanent residence.
    • Be a lawful spouse for not less than two years up to the date of application submission
    • The spouse granted permanent residence reveals a purpose to provide patronage or to be under patronage.
    • The patronage provider must have the same qualifications as a permanent residence to invest or to work.

Qualification in case of children

  • To provide patronage to a Thai father or mother.
    • Be a legitimate child.
    • Father or mother must be at least 50 years of age up to the date of application submission.
    • The patronage provider income is not less than 30,000 Baht per month on average for at least two consecutive years up to the date of application submission.
    • Paid taxes legally (proof required).
    • Father or mother reveals a purpose to be under the patronage of the applicant.
  • To be under the patronage of a Thai father or mother.
    • Be a legitimate child.
    • Under 20 years old and not yet married.
    • In case of age over 20 years old, according to the conditional such as studying a bachelor’s degree or equivalent and such education started before the age of 20 years old or being ill that cannot take care of oneself. (documentary evidence or medical certificate required).
    • Father or mother has an average income of not less than 30,000 Baht per month for at least two consecutive years up to the date of application submission and paid taxes legally (proof required).
    • Father or mother reveals a purpose to provide patronage to the applicant.
  • To provide patronage to a father or mother who was granted permanent residence.
    • Be a legitimate child.
    • Father or mother must be 50 years of age up to the date of application submission.
    • Father or mother who was granted a residential permit reveals a purpose to provide patronage or be under patronage.
    • The patronage provider must have the same qualifications as applying for residence permits to invest or to work.
  • To be under the patronage of a father or mother who was granted permanent residence.
    • Be a legitimate child and not yet married.
    • Under 20 years old.
    • In case of age over 20 years old, according to the conditional such as studying a bachelor’s degree or equivalent and such education started before the age of 20 years old or being ill that cannot take care of oneself. (documentary evidence or medical certificate required).
    • Father or mother reveals a purpose to provide patronage.
    • The patronage provider must have the same qualifications as applying for permanent residence to invest or to work.

Qualifications in case of parents

  • To provide patronage to a Thai child.
    • Be a legitimate father or mother.
    • The child must be under 20 years of age.
    • In case of age over 20 years old, according to the conditional such as studying a bachelor’s degree or equivalent and such education started before the age of 20 years old or being ill that cannot take care of oneself. (documentary evidence or medical certificate required).
    • Father or mother has an average income of not less than 30,000 Baht per month for not less than two years and paid taxes legally (proof required).
  • To be under the patronage of a Thai child.
    • Be a legitimate father or mother.
    • Father or mother must be 50 years of age up to the date of application submission.
    • The child has an average income of not less than 30,000 Baht per month at least two consecutive years up to the date of application submission and paid taxes legally (proof required).
    • Thai child reveals a purpose to provide patronage.
  • To provide patronage to a child who was granted permanent residence.
    • Be a legitimate father or mother.
    • The child must be under 20 years of age.
    • In case of age over 20 years old, according to the conditional such as studying a bachelor’s degree or equivalent and such education started before the age of 20 years old or being ill that cannot take care of oneself. (documentary evidence or medical certificate required).
    • Father or mother reveals a purpose to provide patronage.
    • The patronage provider must have the same qualifications as a permanent residence to invest or to work.
  • To be under the patronage of a child who was granted permanent residence.
    • Be a legitimate father or mother.
    • Father or mother must be 50 years of age up to the date of application submission.
    • The child reveals a purpose to provide patronage.
    • The patronage provider must have the same qualifications as applying for permanent residence to invest or to work.

Qualifications to become an expert

  1. Bachelor’s degree or higher
  2. Have knowledge of particular abilities which are helpful in Thailand.
  3. Have certificates or support from the relevant government agencies.
  4. Having a certificate of work from in such position indicating, up to the date of application submission and working for at least three consecutive years in the service.            

Qualifications to be added on a specific case

  1. Be a prominent person or have been awarded the award of the prestigious national institution.
  2. Certificate from at least department authority or governor or civilian official of at least level 10 or military officer who is holding a rank of General, Air Chief Marshal, Admiral, Police General or political officer who is in the position of Minister, President of the National Assembly, Vice President of the National Assembly, President of the Senate or Vice President of the Senate or Committee of Non-Government Organization according to the constitutional laws.
  3. Other qualifications will be considered as deemed appropriate by the Immigration Committee.

Should you have any inquiries, please feel free to contact our immigration practice via [email protected] or
+662 027 7802.

Piyawat Thirajitto

Piyawat Thirajitto

Senior Associate

Contact

David Ashley Southern

Counsel