· pdf filetogether with the necessary documents, at section 1, sub-division 1, immigration...

What will you find in this document? This paper is prepared by Siam Legal Permanent Residence Team. It aims to give you an overview of Thailand’s permanent residence application.

If you wish to get more information, don’t hesitate to contact us for a free initial consultation to ensure success in your application. You may contact us at no. 076-290-376

This paper includes the following subtopics:

What is permanent residence? Why do you need a permanent residence? Do you need a lawyer? Samples of qualifications and required documents Frequently Asked Question Siam Legal’s Service

Thailand’s largest legal service network

What is permanent residence?Permanent residence permit is a document granted to a person to allow them to stay in a country permanently despite not having citizenship. Permanent Residence Permit in Thailand is an opportunity that the Thai government offers to only 100 people of each nationality every year. The application usually takes place in December. The committee initially evaluates applications for about 5 months, and then calls successful applicants for interview. If you make it you will be awarded the PRP some time later. Generally, the whole process can take up to a year.

Why do you need a permanent residence permit? : The benefits of permanent residence

Of course, you want to live here! And the visa run every three months or so has been extremely tiring, expensive and inconvenient. Then there‘s always the sudden change of the immigration law and regula-tions that make life as a foreigner in Thailand unpredictable.

Each person has different motives or reasons in staying here. You might have the loved one who‘s Thai and there may also be children to look after. Some may have the good job and become in love with the country and culture. Whatever the reason is, a permanent residence will ensure you that your stay in Thailand will be as peaceful as it can be as the following benefits that come with having permanent residence guarantee it.

• No more Visa Runs • No more going through the red tape at the Thai Immigration Office to arrange for extended stays • Buying property such as condo or land in Thailand without the need to prove that the money used for financing came from abroad • Having your name listed on property ownership papers • Obtaining a work permit more easily • Improving your chance of acquiring a mortgage • Can apply for naturalization in accordance with the law concerned • Having Thai nationality granted to children who are born in Thailand • Can become a director of a public company • Can apply for an extension of stay or permanent residence for non-Thai family members.


Do you need a lawyer?Whether you need help from a legal service, it is all up to your decision. There is no 100% guarantee that your application will be approved, though statistics shows that those whose qualifications meet the requirements often make the P.R.

That is the reason why you may want to consider consulting with a lawyer to evaluate your chance of qualifying for a Permanent Residence. In Siam Legal, we have an experienced and professional legal team who can give you free consultation pertaining to PR application. And will assist you all the way to your application should you decide to avail yourself of our legal assistance. Moreover, with lots of document work, you may get exhausted running from a public office to another, especially if you have your job to do during the day time.

Here are some of the reasons why you need a lawyer in applying for P.R.

1. Lawyers can evaluate your qualifying chance. You don’t have to waste your time studying about each category of Permanent Residence, what are the qualifications and etc. Lawyers can help you figure out if you should apply for the P.R. at all

2. There are difficulties in preparing documents. Permanent Residence Application requires many documents for example you need to have your educational certificate certified by your national consular and then get it translated into Thai and then get it certified by the foreign ministry. Or in another case you need to get not only the copy of your annual personal income tax certified by the tax revenue in your district but also the receipt of the tax certificate at the head quarter tax revenue, and those are two different places already. And these are just a few documents from the many documents you need to provide.

3. Language barrier. It is understandable that the expected permanent residence applicant must have a good command of speaking and listening Thai. Though, writing and reading is a more difficult one. And in applying for P.R., Thai writing and reading skill play an important and a key role in filling the application form and contacting with the public offices to get each document. In this regard, having a legal team to do these works for you makes your life much easier

4. With so many document works, are you sure that your completed application reaches the immi gration in time? Often we find out that the information posted on the internet is not the most up to date one, and because of this the applicant needs to contact the immigration office for information updates. A legal service will make sure about the updated regulations and information and help you get ahead with your application very carefully and quickly. You don’t have to get exhausted by running around the town to get the documents done or being busy making several phone calls


The Permanent Residence Application process

The application process1. The opening date for applications in each year varies, depending on an announcement by the Minis ter of Interior. Once the announcement has been issued, applications may be submitted up to and including the last working day of the year. 2. For details concerning the opening date for applications contact either Section 1, Immigration Division 1, Sub-Division 1, Immigration Bureau (room 301), Soi Suan Plu, Bangkok, Tel. 662 287-3117 or the Immigration Office of each region, depending on the location of you domicile in Thailand. 3. An application should contain a detailed explanation of the true and exact reasons of why the appli cant is requesting a residence permit. This is for the applicant's own benefit; as such information will assist the relevant officials to make a more rapid decision. In addition, a number of documents need to be included with each application, in accordance with the category under which the application is submitted:

a) Business or employment purposes; b) Investment purposes; c) Experts or academics; d) To support a family (wife and children) who are Thai citizens; e) As a dependent of a husband or father who is a Thai citizen; f) Accompanying a husband, father or a child who already has a residence permit; g) Retirement.

4. Once the opening date for applications has been announced, applications can be submitted, together with the necessary documents, at Section 1, Sub-Division 1, Immigration Division 1, Immi gration Bureau (Room 301), Soi Suan Plu, off South Sathorn road, Sathorn District, Bangkok, or at the Immigration Office for the region of Thailand in which the applicant is residing. 5. The application fee is Baht 7,600 per person. 6. The applicant must apply in person as the Immigration Bureau will require a set of fingerprints for the purpose of checking for criminal record.

Procedures after the applications are accepted1. The immigration officers will grant the applicants a 180 day extension of stay on the date of applica tion submission and the next extensions will be granted for 180 days until the results of the applica tions come out from the Immigration Commission. 2. The applicants and those who get involved with the applications will get an appointment card to come for an interview with the immigration officers. The interview includes the test of the understanding of Thai language: speaking and listening (the applicants must come for the interview on the date of appointment; otherwise, without an appropriate reason, it will be automatically taken into the consider ation that they cancel the applications.) 3. The applicants who are over 14 years of age must be undergo a criminal record check:

1. Their fingerprint sheets are sent to the Criminal Records Division for the criminal record’s check in Thailand. 2. Their passports undergo a blacklist check to verify whether they are considered as “prohibited persons” according to the Immigration. 3. They are to be checked whether they are wanted by a foreign warrant of arrest by the Foreign Affair Division.


Samples of qualifications and required documents

This sample shows roughly the qualification for the permanent residence in category of working which is the most popular category for many applicable applicants.

Below, it is the sample of documents required in Working category. You can see on the list that there are many documents that an applicant needs to request from Public/Government Offices

Basic qualification for permanent residence in category of working

1. An applicant must be a holder of work permit for at least 3 consecutive years2. An applicant have been working in the current company for at least 1 year, up to the date of applica tion submission and3. An applicant must earn annual income of at least 80,000 Baht per month for a period of at least 2 years, up to the date of application submission, or have been fling tax return for the amount of annual income of Baht 100,000 for at least 2 consecutive years, up to the date of application submission.

Sample: Part of Documents needed for the P.R. Application in the working category

Job background certificate issued by Alien Occupational Control division, The Department of

employment Ë¹Ñ§Ê×ÍÃÑºÃÍ§»ÃÐÇÑµÔ¡ÒÃ·Ó§Ò¹ Copy of all of the applicant’s work permit(s)(every single page that contains information) Copy of all of the applicant’s passport (every single page) to indicate the 3 year consecutive stay Copy of the applicant’s annual personal income tax form (por ngor dor 91 or 90) with receipts for the previous 3 years prior to the application submission year which must be officially certified by the revenue officers Copy of the applicant’s monthly income tax form (por ngor dor 1) with receipts from the beginning of the year of application submission (January) until the previous month of application submission which must be officially certified by the revenue officers Certificate of the juristic person registration of which the applicant is working with, that must be issued by the Ministry of Commerce within the previous 3 months prior to the application submis sion date Copy of the juristic person registration of which the applicant is working with for the previous 3 years prior the application submission year List of the share holders which is issued and officially certified by the Ministry of Commerce within the previous 3 months prior to the application submission date Copy of the value added tax (VAT) or the specific business tax registration e.g. phor phor 01, phor phor 09, and phor phor 20 Copy of the financial statements (balance sheet, profit and loss statement) together with phor ngor dor 50 (company income tax) and receipts for the previous 3 years prior to the application submis sion year Additional documents which are considered as appropriate by the immigration officer. Application form (TM.9)


�

��

�

�

��

��

Frequently Asked Questions

1. What are the differences between Permanent Residence and Citizenship and how are they related?

The differences between the two is that permanent residence allows foreign persons to stay in Thailand but citizenship is granted to make the person a citizen in that country which will give him a 100% right exactly what Thai people have. In addition being citizen, the person will have the right to vote and hold a Thai Passport.

The relationship between Permanent Residence and Citizenship is that Permanent Residence is a step closer to applying for a citizenship. One of the qualifications for acquiring Citizenship is that a person should be a holder of Permanent Residence for 3 years.

2. What are the criteria that immigration uses in granting Permanent Residence?

According to the immigration website “To grant approval for the residence permit application, the Immigration Commission will take into its consideration the applicants’ qualifications in terms of income, assets, knowledge, professional expertise, relationship with a Thai citizen, national security, personality, health, understanding of Thai language and other appropriate conditions due to current economic and social surroundings, and government policy”

3. How difficult is the interview?

Unlike applying for citizenship, you do not need to be a near native speaker (it may help more if you‘re one though) .The interview will test your ability in speaking and listening Thai. The applicant is strongly encouraged to be able to hold a conversation in Thai.

4. Are qualifications and requirements important

Very important, it is very important that you qualify for all the requirements. Missing a requirement for example; not staying in Thailand for 3 consecutive years definitely rules out your opportunity in getting permanent Residence already. And there‘s no bribery here.
