Office of the Board of Investment Announcement
No. Por. 9/2540
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By virtue of the Cabinet's resolution on 13th May 1997 to grant of permanent residence in the Kingdom to foreign investors, experts or technicians and Thai nationals who have changed their citizenship; in order to enable them to invest and bring in know-how and expertise for the benefit of the country's economy, the Office of the Board of Investment (OBOI) is authorized to be in charge of applications for permanent residence in the Kingdom.The OBOI hereby revokes
Office of the Board of Investment Announcement No. Por. 2/2539 dated 15 July 1996 on Guidelines for Granting Permanent Residence in the Kingdom of Thailand and announces the new guidelines as follows:
1. Applicant's General Qualifications
Applicants and their families must not possess any traits for which they could be disqualified under the Immigration Laws, such as having been imprisoned for any offense except petty offenses, having been exiled, having had permanent residence withdrawn or having displayed any behavior considered dangerous to the society or threatening to the public.
2. Investment
Foreign funds must be brought into the Kingdom for investment in one of the following categories:
2.1 Direct Investment
2.1.1 An applicant must bring in not less than 10 million baht to invest in a new project. AND the project must be eligible for investment promotion OR meet the criteria set out by the Committee for Granting Permanent Residence.
(1) For projects not eligible for investment promotion, the Committee will use the following criteria for consideration:
(a) Benefits to the country's economy in terms of:
- Export production
- Increase in employment
- Utilization of domestic resources as raw materials
- Factory location in provincial areas
- Environmental protection and preservation
- Support of technology transfer to Thai nationals
(b) Projects that fall into any of the following categories will not be taken into consideration:
- Those those are restricted under the Revolutionary Party's announcement no. 281
- Those that compete in such a way as to destroy the existing domestic businesses
- Those that hinder the growth of existing or yet to be developed domestic businesses.
(2) For projects eligible for investment promotion, whose applications
for promotion
have been submitted or approved, an applicant must bring in funds to invest in a new project that has not yet started its operations. Such investment must be in the form of joint venture in either a newly-established or existing company. This joint venture must improve the project's economic viability, such as by assisting in export marketing or introducing appropriate technology.
2.1.2 Remitted funds must be invested in ordinary shares of the limited company that is established to implement the approved project. The applicant must hold not less than 25 percent of the registered capital, except for a project with an investment of 100 million baht or more (excluding the cost of land and working capital). In this case, the Committee may relax the shareholding criteria.
2.1.3 The applicant must maintain the qualifications under 2.1.1 and 2.1.2 for at least 3 years from the date the permanent residence is granted.
2.1.4 For direct investment, the applicant may apply for permanent residence for himself and for family members, as follows:
1. Spouse
2. Parents
3. Not more than 3 children who are unmarried and under 20 years old.
2.2 Investment in Securities
The applicant must bring in funds to buy state enterprise bonds that are guaranteed by the Ministry of Finance. The bonds must have at least a 5-year term. Such bonds shall be transferred the ownership or pledged only by approval from office of Office of the Board of Investment for the minimum amount required for each individual is as follows:
(a) Investors 8 million baht
(b) Spouse 6 million baht
(c) Children under 20 years old and unmarried 2 million baht/person
2.3 Investment in Condominiums
The applicant must bring in funds to buy a condominium that is registered with the Office. The condominium must not be redeemed, sold or transferred within a period of 5 years.
The minimum amount of investment in condominiums required for each individual is as follows:
(a) Investors 8 million baht
(b) Spouse 6 million baht
(c) Children under 20 years old and unmarried 2 million baht/person
The Committee will take into account the documentation on the purchase of state enterprise bonds or condominiums and the qualifications of investors on a case-by-case basis.
3. Experts or technicians
3.1 The applicant must possess technical know-how or expertise that is in demand and will benefit the country. Educational and employment references certified by a Royal Thai Embassy or Consulate must be submitted. In countries where there is neither a Royal Thai Embassy nor a Consulate, the documents must be certified by a Notary Public.
3.2 The applicant must submit documentation indicating that his/her previous annual income was not less than US$10,000.
3.3 The applicant must not be under 25 years old. Permanent residence in the Kingdom may also be granted to the applicant's family members, including spouse, parents and unmarried children under 20 years old.
4. Thai Nationals Who Have Changed Their Citizenship
4.1 The Applicant must possess technical know-how or expertise that is in demand and will benefit the country. Educational and employment references must be submitted.
4.2 The applicant must not be under 20 years old. Permanent residence in the Kingdom may also be granted to the applicant's family members, including spouse, parents and unmarried children under 20 years old.
5. Guidelines of Evidence
5.1 The applicant must submit evidence that he/she does not have a criminal record or a disease restricted under the Immigration Law. The applicant must also pass an examination for any prohibited traits conducted by the Immigration
Division and the National Security Council. The OBOI will be liaison in the examination process.
5.2 The investor must submit evidence that the investment funds have been transferred into the Kingdom through the commercial banking system.
6. Withdrawal of Permanent Residence Permit
After the granting of permanent residence, if it is discovered that the recipient of a permanent residence permit has any unchangeable traits or behavior patterns that are prohibited by the Immigration Law or that the person has not followed conditions of the permission, the permanent residence permit will be withdrawn and fees will not be returned.
7. Submission of Application
7.1 Interested persons who wish to acquire permanent residence in the Kingdom
may submit an application directly by themselves or designated representatives to
the Office of the Board of Investment or overseas agencies. Two complete copies of the application form, BOI FORM PR-1, for direct investors must complete and submit both BOI FORM PR-1 and BOI FORM PR-2, and a medical examination report from a public hospital certifying that the person is free from diseases restricted under the law.
Instruction: Applying for Permanent Residence
in the Kingdom of Thailand
1. QUALIFICATIONS REQUIRED BY AN APPLICANT
1.1 A person who is not prohibited from entering Thailand and free of disease under the Immigration law;
1.2 Able to submit a money certificate for funds transferred from abroad through bank in Thailand in the name of the applicant
1.3 Able to submit a investment certificate for the followings
(1) Investment in a company limited or public company limited
(2) The purchase of a condominium from the owner of the condominium project at the appraisal value by Land Department
(3) The purchase of bonds designated by Ministry of Finance or Bank of Thailand or or state enterprise bonds guaranteed by Ministry of Finance
1.4 Able to submit a expert or technician certificate
(1) Education certificate and receipt of work permit
(2) Receipt of income tax payment
2. PLACE, PERIOD OF TIME FOR SUBMITTING AN APPLICATION
2.1. Applications can be submitted from 24 September 1997 until 30 June 2000.
2.2. For information and applications should be submitted to Board of Investment Division 7, Office of the Board of Investment 555 Vipawadee-Rungsit Road, Bangkok 10900, Telephone 537-8111, 537-8155 ext. 1071-1077
3. FEES
A fee of 2,000 baht will be charged for each application.
Remarks:
1. The aliens who submit applications must affix their signatures on every page of submitted documents.
2. Any document presented in foreign language must be translated to Thai language with translation certification specified name and address of the translator.
3. Any documents that submitted in false information for intention to acquire a right must constitute offence to The Criminal Code.
Documents Required When Applying For A Residence permit In The Case Of Direct Investment
1. Two copies of application forms (PR-1and PR-2)
2. Personal information sheet.
3. Health certificate from a hospital (issued within the previous 3 months.)
4. Certification that the applicant has no criminal record in his or her overseas
domicile certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
5. Money transfer certificate issued by any bank in Thailand.
6. Company registration certificate for company limited or public company limited.
7. Copy of shareholders list of the company according to clause 6.
8. Copy of investment promotion certificate (in case the company has been promoted by BOI)
9. Copy of passport.
Documents Required When Applying For A Residence permit In The Case Of Securities Investment
1. Two copies of application form (PR-1)
2. Personal information sheet.
3. Health certificate from a hospital (issued within the previous 3 months.)
4. Certification that the applicant has no criminal record in his or her overseas
domicile certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
5. Money transfer certificate issued by any bank in Thailand.
6. Letter of certification from the bond seller or copy of the government
bonds/state enterprise bonds guaranteed by Ministry of Finance (in case of
purchase of bonds)
7. Evidence of the a condominium ownership (in case of purchase of condominium)
8. Copy of passport.
Documents Required When Applying For A Residence permit In The Case Of Families Or Spouses(Father, mother, spouse, or child of the person who grant permanent residence in the Kingdom of Thailand)
1. Two copies of application form (PR-1)
2. Personal information sheet.
3. Health certificate from a hospital (issued within the previous 3 months.)
4. Certification that the applicant has no criminal record in his or her overseas domicile certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand. (For the person ages 13 years old upwards)
5. Copy of marriage certificate/house registration certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
6. Copy of birth certificate certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
7. Copy of passport.
Documents Required When Applying For A Residence Permit In The Case Of Experts Or Technicians
1. Two copies of application form (PR-1)
2. Personal information sheet.
3. Health certificate from a hospital (issued within the previous 3 months.)
4. Certification that the applicant has no criminal record in his or her overseas domicile certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
5. Education certificate certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
6. Letter of certification of working experience.
7. Work permit issued by Thai organization.
8. The applicant's annual personal income tax return of the latest year and its receipt.
9. Copy of passport.
Documents Required When Applying For A Residence permit In The Case Of Thai Nationals Who Have Changed Their Citizenship
1. Two copies of application form (PR-1)
2. Personal information sheet.
3. Health certificate from a hospital (issued within the previous 3 months.)
4. Certification that the applicant has no criminal record in his or her overseas domicile certified officially by Thai consul in the applicant's country or the applicant's embassy in Thailand.
5. Evidence of citizenship change.
6. Copy of birth certificate.
7. Copy of passport
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