Notification of Immigration Commission

Notification of Immigration Commission

Criterion and conditions  of  foreign nationals’ residential permit consideration

Base on the authority prescribed in Section 7, Section 41, Section 43 and Section 45 of Immigration

Act B.E. 2522 stipulate that foreign nationals who wish to attain resident in the Kingdom of Thailand

may apply for resident permit with the Immigration Commission.

To facilitate an immigration of foreign nationals for the best interest of the Kingdom, the Immigration

Commission stipulated the following criteria on qualification of foreign applicant for residential 

permit by considering the applicant’s income, assets, knowledge, vocational ability, and family

status in terms of connection with Thai national, conditions on national security or others as deem

appropriate for current economic and social condition and to make it also certain that such

consideration was made thoughtfully, transparently and fairly;

1) Qualification of the eligible applicant to be considered for residential permit:

1.1 Foreign national applicant must hold a passport that bears a Non-Immigrant Visa and

was granted with one-year visa extensions which reveal that up until the date of

application submission, the applicant have been staying in the Kingdom for at least 3

consecutive years. 

1.2 Foreign national who is at least 14 years old is subject to criminal record check

according to the following process;

1.2.1 Fingerprint along with identity information of the applicant will be forwarded

to the Criminal Record Division, Royal Thai Police for investigation to find

whether the applicant has criminal record or not.

1.2.2 The criminal record certifying letter handed - in by the applicant will be

examined. 

1.2.3 Investigation through a watch list system of the Immigration Bureau will be

made to determine whether the applicant is a prohibited person (persona

non grata) according to the Immigration Act B.E. 2522 or not.

1.2.4 Investigation will be made through the Foreign Affairs Division, Royal Thai

Police to determine whether the applicant is a wanted person according to

the warrants issued by the ICPO-Interpol or not. 

1.3 The applicant must reveal information on his/her income, assets, knowledge,

vocational ability, and family status in terms of connection with Thai national conditions

on national security or others as deem appropriate for the consideration.

1.4 The applicant must be able to understand and speak Thai language.

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2) Categories of application

2.1 Investment,

2.2 Employment,

2.3 Humanitarian reasons as follows:

2.3.1 Spouse: To provide patronage or to be under patronage of a Thai national

spouse,

2.3.2 Child: To provide patronage or to be under patronage of a Thai national

father or mother,

2.3.3 Father or mother: To provide patronage or to be under patronage of the

applicant’s Thai national child,

2.3.4 Spouse:  To provide patronage or to be under patronage of the applicant’s

spouse who was granted with residential permit, 

2.3.5 Child: To provide patronage or to be under patronage of the applicant’s

father or mother who was granted with residential permit,

2.3.6 Father or mother: To provide patronage or to be under patronage of the

applicant’s child who was granted with residential permit.

2.4 Expert,

2.5 Extra circumstances on a case by case basis.

3) Qualification of applicant in each category:

3.1 Qualification of applicant for investment reason;

3.1.1 The applicant must brought-in at least Baht 10 million to invest in the

Kingdom and this must be certified with a letter issued by the commercial

bank in Thailand which reveals  evidence of financial remittance into

Thailand and

3.1.2 Investment made by the applicant must be of an interest of national

economy in either one or collective nature as follows: 

1) Investment made in a limited company or public company with

documentary evidence certified by state authority concerned and

such business must not be discrepancy to national peace and

order, culture or people’s morality or

2) Purchase of state-issued security or state enterprise’s security

where Ministry of Finance or Bank of Thailand is a guarantor and

documentary evidence of such acquisition is required,

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3) Investment in the stock market  such as ordinary share, bond,

preference share or investment unit etc. with a condition that such

investment must be approved or certified by the Stock Exchange

Commission and documentary evidence of such asset is required

to be furnished along with the application 

3.1.3 By the end of September of each year, foreign national who was granted

with residential permit must submit documentary evidence of one’s

investment acquisition to the Immigration Commission or the authorized

official.  This has to be done for 3 consecutive years starting from the day

the residential permit is granted.  The Committee and Secretary of the

Immigration Commission or the authorized official have authority to

investigate the investment to find out whether such investment is made

according to the criteria stipulated by the Immigration Commission or not

before reporting the findings to the Immigration Commission.

3.1.4 If the investigation reveals later that any foreign national who was granted

with residential permit lacks of  qualification as stipulated by the

Immigration Commission then the  Committee and Secretary of the

Immigration Commission will report such circumstance to the Immigration

Commission and propose an opinion to the Minister of Interior to revoke

such permit.

3.2 Qualification of applicant who wishes to work in the Kingdom;

3.2.1 The applicant has to be in a position of executive officer such as President

of Committee or Committee of juristic person registered in Thailand with a

capital of at least Baht 10 million and is authorized as a signatory for such 

juristic person, up to the date of application submission, for at least 1 year. 

The applicant must earn at least Baht 50,000 per month, up to the date of

application submission, for a period of 2 consecutive years as minimum

and tax return is required and

3.2.2 The business in which the applicant works must be of an interest of

national economy i.e.

1) International commerce where its export value in foreign currency in

the past 3 years reached a threshold of Baht 20 million in average. 

This fact must be certified by a letter issued by commercial bank

concerned or a company that provide loan to domestic

manufacturing company by bringing into this country, within the past

three years, foreign currency at the amount not less than Baht 100

million or

2) Tourism related business which in the past 3 years has brought into

this country, at least 5,000 tourists  in average.  This fact must be

certified by the letter issued by the authority concerned or

3) Other type of business that the applicant is a shareholder of at least

Baht 5 million for a period of at least 2 years up to the date of

application submission.

3.2.3 In case where the applicant lacks of any qualification as mentioned in

3.2.1 and 3.2.2 then the following requirement is applied.

1) Be a holder of work permit for at least 3 consecutive years up to the

date of application submission and

2) Have been working in the current company for at least 1 year, up to

the date of application submission and

3) Earn annual income at least Baht 80,000 per month for a period of at

least 2 years, up to the date of application submission, or have been

filing 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. \

3.3 Qualification of applicant for humanitarian reasons in each circumstance:

3.3.1 Spouse: To provide patronage or to be under patronage of a Thai national

spouse

1)      The patronage provider works in Thailand,

                                      (1) Be a lawful spouse and had registered their marriage for at least

2 years before the date of application submission, and do have

their biological child together in any case of infertility, medical

certifying letter issued by the hospital is required.  In any case of

infertility without a certification letter, their marriage registration

must have been made at least 5 years before the date of

application submission and

(2) One party or both parties must earn much enough to provide

patronage or having annual income of at least Baht 30,000 per

month in average, for at least 2 consecutive years before the

date of application submission and evidence of tax return is

required and

(3) There is a Thai national who reveal one’s purpose to provide

patronage or to be under patronage of the applicant.

2) The patronage provider is an elderly,

(1) Up to the date of application submission, the applicant

must be at least 50 years old and

(2) Be a lawful spouse and registered their marriage for at

least 2 years before the date of application submission and

(3) The patronage provider must earn annual income of at

least Baht 65,000 per month  in average for at least 2

consecutive years up to  the date of application submission

and 

(4) There is a Thai national who  reveal one’s purpose to

provide patronage or to be under patronage of the

applicant. 

3.3.2 In case of a foreign national child apply residential permit in order to 

provide patronage or to be under patronage of Thai national father or

mother,

1) A foreign national child  wishes to provide patronage to Thai national

father or mother,

(1) Be a biological child and

(2) The applicant’s father or mother must be at least 50 years old,

up to  the date of application submission and 

(3) The patronage provider must earn annual income of at least

Baht 30,000 per month in average for at least 2 consecutive

years up to  the date of application submission and evidence

of tax return is required and

(4) There is a Thai national who reveal one’s purpose to be under

patronage of the applicant.

2) A foreign national child wishes to be under patronage of a  

       Thai national father or mother,

(1) Be a biological father or mother and registration of parental

status was made and

(2) Age under 20 years old and not yet married but if the child is

over 20 years old, then justification of such parental

patronage is required such as studying for Bachelor Degree

or equivalent and such education started before the age of

20 years old and in continuity where documentary evidence

is required or the child is ill and can not take care of oneself

where medical certifying letter issued by the hospital is

required and

(3) The patronage provider must earn annual income of at least

Baht 30,000 per month in average for at least 2 consecutive

years up to  the date of application submission and

evidence of tax return is required and

(4) There is a Thai national who reveal one’s purpose to provide

patronage to the applicant. 

3.3.3 A foreign national father or mother wishes to provide patronage or to be

under  patronage of  a Thai national child,

1)    Foreign national father or mother wishes to provide  

        patronage  to a Thai national child,

(1) Be a biological father or mother and registration   

          of  parental status was made and

(2) Age under 20 years old and not yet married but if   

          up to  the date of application submission, the child  

         is over 20 years old, then justification of being     

         under such parental patronage is required such as     

         studying for Bachelor Degree or equivalent and 

         such education had started before the age                   

         of 20 years old and in continuity where  

         documentary evidence is required or the child is ill   

         and can not take care of oneself where medical 

         certifying letter issued by the hospital is required    

         and

(3)   The patronage provider must earn annual income  

        of at least Baht 30,000 per month in average for at  

        least 2 consecutive years, up to  the date of     

        application submission and evidence of tax return   

         is required

   2)     Foreign national father or mother wishes  to be under   

                                       patronage of a Thai national child,

(1) Be a biological child and

  (2)     Age over 50 years old, up to  the date of     

         application submission and 

  (3)   The patronage provider must earn annual income  

          of at least Baht 30,000 per month in average for     

          at least 2 consecutive years, up to  the date of     

          application submission and evidence of tax return   

         is required and 

   (4)  There is a Thai national who reveal one’s purpose     

          to provide patronage to the applicant

   3.3.4    Foreign national spouse wishes to provide patronage or to be    

                                    under patronage  of one’s spouse whom residential permit was 

   granted,

   1)     Be a lawful spouse and had registered their marriage for at 

                                      least 2 years before the date of application submission and           

   2)     The spouse was granted with residential permit and reveal 

                                      one’s purpose to either provide patronage or to be under 

                                      patronage of the applicant and

   3)     The patronage provider has the same qualification as  

                                      required for the applicant who wishes to invest or to work  

                                      in the Kingdom 

           3.3.5    Foreign national child wishes to provide patronage  or to be   

                                 under patronage of one’s father or mother whom residential 

                                 permit was granted,

   1)     Foreign national child wishes to provide patronage  to one’s 

                                father or mother whom residential permit was granted

(1) Be a biological child and

(2)        A father or mother must be over 50 years old, up to  the date of

application submission and 

(3)       A father or mother reveal one’s purpose to be under                                       

            patronage of the applicant and

                       (4)      The patronage provider has the same qualification as  

           required for the applicant who wishes to invest or to work  

           in the Kingdom 

                         2) Foreign national child wishes to be under patronage of a foreign 

         national father or mother whom residential permit was granted,

    (1)    Be a biological child age under 20 years old and not yet 

                                            married but if up to  the date of application submission,  

                                            if the child is over 20 years old, then justification of being 

            under such parental patronage is required such as      

            studying  for Bachelor Degree or equivalent and 

            such  education must had started before the child’s age                   

            of  20 years old and in continuity where  

            documentary  evidence is required or the child is ill   

            and can not  take care of oneself  where  medical 

            certifying  letter issued by the hospital is required and

    (2)     A father or mother reveal one’s purpose to provide 

              patronage to the applicant and

                          (3)     The patronage provider has the same qualification as  

             required for the applicant who wishes to invest or to   

             work in the Kingdom 

  3.3.6     A father or mother wishes to provide patronage or to be under 

                               Patronage  of the foreign national child whom residential  

                               permit  was granted,

   1)  A father or mother wishes to provide patronage to one’s  

                                   foreign national child whom residential permit was granted,

(1) Be a biological child, age under 20 years old and not yet 

                                                 married but if up to  the date of application submission,  

                                                 the child is over 20 years old then justification of being 

                under such parental patronage is required such as      

                studying for Bachelor Degree or equivalent and 

                such education had started before the age          

                of 20 years old and in continuity where  

                documentary evidence is required or the child is ill   

                and can not take care of oneself where medical 

                certifying letter issued by the hospital is required and

        (2)   The father or mother reveals one’s purpose to provide 

                patronage to the applicant and

                              (3)   The patronage provider has the same qualification as  

               required for the applicant who wishes to invest or to   

               work in the Kingdom 

   2) A father or a mother wishes to be under patronage of a foreign national child 

                             whom residential permit was granted,

(1) Be a biological child and

(2) A father or mother must be over 50 years old, up to  the date of

application submission and 

(3) The patronage provider reveal one’s purpose to provide 

           patronage to the applicant and

    (4)  The patronage provider has the same qualification as  

          required for the applicant who wishes to invest or to   

          work in the Kingdom

3.4 Qualification of applicant who applied as expert.

 1)     Graduated at least Bachelor Degree and possesses special ability   

                    that  is needed and benefit to this country and

 2)     Be supported and officially certified by the authority concerned and

           3)     Certifying letter pertaining to the applicant’s service in such  

position indicating, up to  the date of application submission, 

                    a period of at least 3 consecutive years in the service is required

3.5    Qualification of applicant on extra circumstances to be considered on a case by

case basis

 1)    An individual who produces benefit to the Kingdom of Thailand or Thai

Government or was selected by a national institute as the one whose performance causes

benefit to this country or perform for the authority and

 2)     Certified in a form of letter by at least departmental 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 official 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.  Detail of the applicant’s work is required to be

furnished or,

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4) Other qualifications or number of residential permit to be granted will be considered as

deem appropriate by the Immigration Committee. 

4.    Consideration Principle

4.1 The applicants of each basis must completely possess qualifications according to

the criteria and condition of each category declared in this declaration up to the

date of application submission.

4.2 In case the number of eligible applicants according to item 4.1 of certain nationality

is higher than its annual quota then a ratio will be set for each category and number

of eligible applicants among such nationality.

However, certain applicant may completely possesses the stipulated qualification as

mentioned before but considering economic, political, and social factors of the country as

a whole the Immigration Committee or Minister of Interior has the authority to disagree to

grant such applicant the residential permit and that decision is considered final.  In this

case such decision is considered an information which is not obliged to be revealed

according to Section 15(1)(2) of the Information Act B.E. 2540. 

All criteria, resolutions, or orders which had been applied for residential permit granting

consideration before or that is contradictory to this declaration are revoked and replaced

by this declaration.

Effective on the date of this declaration  announcement.  

   Twenty-six day of December in the year Two Thousand and Three (B.E. 2546)

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