THAILAND EXTENDED STAY/OVERSTAY LAW

2.1 Because of business matters i.e. such alien is to overstay for performing its service of any company, partnership, etc.

For such the case, period of time not in excess of 1 year shall be granted.

• Such alien must be registered as a temporary resident in the kingdom.



• Such alien must earn income in accordance with the salary rate schedule attached hereto (annex A).



• The business for which the service of such alien is required must be a business whose paid up registered capital investment is no less than 2 million.



• Such business is required to submit its balance sheet of two preceding year which was already audited and approved by certified accountant or chartered auditor, as the case may be, as for verifying the business financial stability, confirmation of actual business running, and continuity thereof by considering the business health through medium of business assessment guidelines appended hereto (Annex B)



• It is unavoidable necessary that such business must engage the alien to perform its service.


• Such business must engage both Thai and foreign employees at the ratio of one alien per four permanent Thai national employees.



• The following natures of business shall be exempt to be in line with the requirement in  sub-clauses (3), (4), and (5) and shall be relented from the requirements entailing ratio of the alien and Thai national employees as set forth in (6) which amends the former ratio to the new one; one alien per one Thai national employee. the said natures of business as hereinabove stated are as follows:
  
  
  • International trade (agency office)
  • Regional office
  • International corporations (Branch office)
    
    

2.2 Because of business matters i.e. any nature of work dealing with investment for which an approval from any relevant ministry, governmental bureau, department is granted.An application for this matter shall be granted for not in excess of 1 year.

1. Such alien must be registered in category of temporary resident in the kingdom.



2. An approval and request of any such relevant ministry, bureau, and department must be obtained.

2.3 Because of performance of service for any governmental entity, private sector, for any government bodies.

1. Such alien must be registered in category of temporary resident in the kingdom.



2. An approval and request of any such relevant ministry, bureau, and department are obtained.

2.4 for the purpose of travelling

1. Such alien must be registered in category of tourist



2. Such alien must not be citizen of any countries or be such kind of person who is subject to definitions set out by Office of Immigration.

2.5 for the purpose of investing in the kingdom

A. for investment amounting not less than THB 3 million

1. Such alien must be registered onto category of temporary resident in the kingdom.



2. Any alien arriving at the kingdom before 1st day of October, 2006 who has continuously been permitted to stay in the kingdom for the purpose of investing therein with a capital investment not less than THB 3 million.



3. There have been evidences attesting its inward remittance into the kingdom amounting not less than THB 3 million.



4. There have been evidence ( statement of transfer) reflecting purchase of an apartment issued by any relevant authority or by any government entity showing an amount of principal not less than THB 3 million.



5. There have also been evidence of fixed deposit account showing an amount not less than THB 3 million held in any commercial bank lawfully registered in the kingdom of Thailand of which more than 50 % Thai nationals are the shareholders. or



6. There have been evidences showing a purchase of any government bond or that of any private sectors with an amount not less than THB 3 million.

B. For an investment of no less than THB 10 million

1. Such alien must be registered as a temporary resident of the kingdom.



2. There have been evidence showing an inward remittance of no less than THB 10 million.



3. There has been evidence entailing a purchase subject to purchase /sales price of no less than THB 10 million, or not less than 3 year lease of any apartment unit issued by any relevant authority or any governmental entity. or



4. There has been evidence showing fixed deposit account held in any Thai commercial bank whose shareholders more than 50 % are Thai nationals reflecting fixed deposit amounting no less than THB 10 million. or



5. There has been evidence verifying an investment of such alien by way of purchasing government bond or that of any private sectors amounting no less than THB 10 million. or



6. There has been evidence verifying an investment as of details in (3), (4) and (5) for not less than THB 10 million.

2.6 If such alien being a teacher, a lecturer, or an expert in some area of expertise charged with teaching in any public educational institutions, the alien shall be allowed for its temporary stay for not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. here has been an approval or request endorsed/ ruled by any such public educational institutions for the purpose of engaging such alien.

2.7 If such alien being a teacher, a lecturer, or an expert in some area in charge of teaching in any private educational institutions, the alien shall be allowed for its temporary stay for not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. Any such educational institutions has been lawfully registered for its running of such business with any relevant governmental authority.



3. There has been an approval or request endorsed/ ruled by any such public educational institutions for the purpose of engaging such alien.

2.8 For the purpose of furthering such alien’s education in any public educational institutions, the alien shall be subject to period not more than 1 year each application.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been an approval or request endorsed/ruled by such accepting educational institution.

2.9 For the purpose of furthering such alien’s education in any private educational institutions, such the alien shall be granted for period not more than 1 year each application.

1. Such alien must be registered as a temporary resident in the kingdom.



2. Any such private educational institution accepting the alien’s academic application must be registered by any governmental authority in allowing its educational business.



3. There has been an approval and request of any such accepting institution.



4. There has been an approval of any relevant governmental authority (except that such alien furthering its education in any international schools or in any higher education institutions)

2.10 For the purpose of being an apprentice or doing some researches in any educational institutions or research centers, such alien shall be grated for period not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been an approval granted by either the dean of the faculty or any director of any research center in which the alien apply for either furthering its study or conducting its research.



3. If any such alien has its intention to be an apprentice, or conduct some researches in any private educational institutions or private research centers, any such said intention must be approved by any relevant governmental authority beforehand.

2.11 If any family members of such alien is allowed to reside in the kingdom for a certain period because of the alien’s pursuance of higher education as of details in (2.8) or 2.9 hereof (only the father, the mother, child, or adopted child, or step child of the alien’s spouse hereby allowed) any such family member shall be allowed to stay in the kingdom for not more than 1 year.

2.12 For the purpose of undertaking the function of mass media, such alien shall be grated for period no more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been an approval or request made by either department of Public Relations, department of Information under supervisory of Ministry of Foreign Affairs.

2.13 For the purpose of practicing Buddhist principles or conducting any religious activities, such alien shall be allowed to stay in the kingdom for not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There must have been an approval of either National Buddhist Organization, or Office of the Prime Minister, or Mahachulalongkorn Ratchwittayalai, or Makutratchwittalai.


3. There must have been an approval of the abbot who applies for educational corporation or for manpower to undertake religious practices.

2.14 For the purpose of propagating religious principles, the alien shall be allowed to stay in the kingdom for not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been an approval from department of Religious  Affairs, or from Office of National Buddhism.



3. There has been either approval or request made by the religious organization for which the alien apply to work.

2.15 For the purpose of working as artisan, or any expert in the areas of medical or nursing or any other areas giving knowledge for Thai nationals, such alien shall be allowed to stay for not more than 90 days.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been either an approval or request of any relevant organization or agency.

2.16 For the purpose of installing, undertaking repairs of any machine, aircraft, or vessel, such alien shall be permitted to stay for period not more than 90 days.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been either an approval or request of any relevant organization or agency.

2.17 For the purpose of working as an actor, a singer, a musician, in any hotel or for any company running entertainment business whose paid up registered capital is no less than THB 20 million, such alien shall be permitted to stay in the kingdom for period no more than 120 days.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been an approval of employment from the employing hotel or any entertainment business in the kingdom having paid up registered capital investment of no more than THB 20 million.

2.18 For becoming a member of any Thai national family  (only parents, spouse, adopted child, step child of the aliens’ spouse allowed)

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been evidence reflecting relationship.



3. In regard of a spouse of such alien  who shall be grated for the temporary stay, such spouse must have, either de facto and de jure relationship with the alien. or



4. If a child, adopted child, or any step child of the alien’s spouse have not been yet married and have been living together with the alien’s family, any said person must be in the age not elder than 20 years.



5. Regarding the father or the mother of the alien, either of them must earn annual income not less than THB 40,000 a month or have deposit in the bank amounting not less than 400,000 for a whole year spending.
   
   For any other reason of necessity, either Commander in chief of Immigration office or vice commander in chief appointed by the commander in chief shall be entitled to consider such application case by case.



6. If such alien married Thai national woman, such the foreign husband must earn annual income for not less than THB 40,000 per month or have deposit of not less than 400,000 held in any Thai commercial bank with two month preceding financial statement,  sufficient for a whole year spending.

2.19 For the purpose of becoming a member of any Thai national family living in the kingdom ( only parents, spouse, child, adopted child, step child of the alien’s spouse,  any such person shall be allowed to stay in the kingdom for not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been evidence reflecting relationship.



3. In regard of a spouse of such alien shall be grated for such application, such spouse must have, either de facto and de jure relationship with the alien. or


4. Regarding child, adopted child,  step child of the alien’s spouse,  any of these people must not have married and has been living together in such family and any such person shall not be in the age elderly than 20 years.



5. For the parents of such alien, they must be in the age of 50 years onwards.

2.20 In case where any alien family allowed to temporarily reside in the kingdom by virtue of  provision set out in 2.1, 2.2,2.3,2.4,2.5,2.6,2.7, 2.10, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.21, 2.22, 2.26, 2.27 hereof or pertaining to Section 34 (7) (by  means of which only parents, spouse, child, adopted child, step child of the alien’s spouse are allowed) any such person shall be permitted to stay in the kingdom for not more than 1 year.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There has been evidence reflecting relationship.



3. In regard of a spouse of such alien shall be grated for such application, such spouse must have, either de facto and de jure relationship with the alien. or


4. Regarding child, adopted child,  step child of the alien’s spouse,  any of these people must not have married and has been living together in such family and any such person shall not be in the age elderly than 20 years.



5. For the parents of such alien, they must be in the age of 50 years onward.

2.21 Subject to necessity of performing works for any none profit organization, international private organization, foundation, association, international commercial chamber, Thai commercial chamber or Thailand Industrial Assembly, any such alien shall be permitted to stay in the kingdom for period no longer than 1 year. In the event that the organization for which the services of such alien is required as details thereof under (3) did not give any of its approvals, such alien shall be granted for staying in the kingdom for not more than 90 days.

1. Such alien must be registered as a temporary resident in the kingdom.



2. There must have been an approval or request of either any person having authority or any person being charged in the highest position therein and/or



3. There has been an approval and request made by an official charged with the rank of department or equivalent thereto or director of any private sector or head of any other governmental authority being relevantly connected to such applying organization.

2.22 For the purpose spending the rest of one’s life in the kingdom

1. Such alien must be registered as a temporary resident of the kingdom.



2. Such alien must absolutely become onwards 50 years old.



3. There must have been evidence showing monthly income of not less than THB 65,000.



4. There must have been deposit in the account showing three preceding financial statement thereof with the deposit amount of not less than THB 800,000, for the first application, the original thereof exhibiting such required amount kept therein must be presented and such deposited amount must have been deposited to such bank account for no less than 60 days. or



5. There has regularly been an annual income including deposit which shall be combined into an amount not less than THB 800,000 as at the date this application is lodged.



6. Any alien entering the kingdom before this 21st day of October, 2007 who has been allowed to be continuously staying in the kingdom for the rest of its life, the following requirements shall be applied:
   
   
   A) For any alien age of 60 years onwards, having stable income as deposit for the 3 preceding months amounting not less than THB 200,000 per year or, so to say, having a monthly income of not less than 20,000.
   
   B)  For any alien not reaching the age of 60 but not less than 55 years, such alien must have a stable income by way of depositing money showing its 3 preceding financial statement for not less than 500,000 or, so to say, having monthly income for not less than 50,000.

2.23 For the purpose of paying a visit to relatives or any person who used to have Thai nationality returning its domicile or any person whose father or mother is Thai or used to have Thai nationality, such alien shall be allowed to stay in the kingdom for period not more than 1 year.

1. Processing an evidence showing that such alien used to have Thai nationality or that reflecting the fact that the alien’s father, mother who is Thai national or used to be Thai national.

2.25 For the purpose of paying a visit to such alien’s spouse, a child who used to have Thai nationality, such alien shall be allowed for period of not more than 60 days.

1. Such alien must process piece (s) of evidence showing relationship.



2. If such person being visited by such alien, she must be subject to either de facto and de jure relationship with such alien.

2.25 For the purpose of being treated or being rehabilitated, or of taking care of patient, such alien shall be allowed to stay in the kingdom for not more than 90 days.

1. There must have been a request made by the physician performing its treatment in such hospital  in charge of diagnosing and curing wherein details entailing symptoms, duration of treatment, and physician opinion clearly stating that such illness is the main obstacle of travelling are required.



2. Apart from the patient’s parents, spouse, child, adopted child, or step child, one more person is allowed to take good care of him.

2.26 For the purpose of filing a case against or conducting any legal proceedings, such alien shall be allowed to stay in the kingdom for not more than 90 days.

1. Such alien must show any evidence attesting his relation to any such litigation or any such proceedings such as being the petitioner, the injured, the accused, the plaintiff or defendant, or witness thereof.

2.27 For the purpose of accomplishing any duty or mission for any governmental entity, private sector or any other governmental authorities, embassy, or consulate, or any international organizations, such alien shall be granted by period of not more than 1 year.

1. There has been an approval and request from any governmental bodies varying from Department level or whichever equivalent thereto, or those of head of any private sectors or of any other governmental entity or of commanding royal police or whatsoever liken thereto, or of commanding army department  which is subject to Ministry of Defense, Ground Forces, Navy, Air forces whose officials approving or making such request must be in the position raking from a Major General, Rear Admiral, Air Vice Marshal onwards or of any international organization.



2. In the event that there being a particular unavoidable necessity to overstay in the kingdom in excess of 90 days, reasons thereof shall be proposed to the Commander in chief of Immigration or deputy commander in chief of Immigration appointed by the commander for taking this matter into consideration.

2.28 For the purpose of undertaking any nature of business for which there has been an approval or request by the alien’s embassy or consulate general,

1. For such the said necessity, the alien shall be grated for 30 days staying in the kingdom.



2. For the purpose of being an apprentice, 90 days shall be granted.

1. There must strongly have been an approval or request from either the embassy or consulate with which the alien shall get in touch for carrying out any such nature of business.



2. If such alien is apprenticed at some business establishment, he must be registered as a temporary resident of the kingdom.

2.29 For the purpose of proofing such alien’s nationality, he/she shall be allowed to stay in the kingdom for not more than 90 days each time.

1. There must have been an approval of any relevant governmental authority.

2.30 In event of being an actor/actress, singer, musician, performing supervisor, including any person taking part in performance of such entertainment or play which is periodically performed in the kingdom, such alien shall be allowed to stay in the kingdom for not more than 90 days.

1. There must have been an approval and request from any involving private sector(s).

2.31 If such alien is a vehicle controller or being a staff accompanying any vehicle stopping at any station or at any local area within the kingdom and such vehicle has not yet been capable to depart from the kingdom, such alien shall be allowed to stay in the kingdom for not more than 90 days.

1. Reason of necessity thwarting its capability to depart from the kingdom shall be taken into consideration.

1. European countries (except USSR) and Australian, Canada, Japan, United State of America

2. South Korea, Singapore, Taiwan, Hong Kong

3. Asian countries (except Japan, South Korea, Singapore, Taiwan, Hong Kong, Cambodia, Burma, Laos, Vietnam) and South America, East European countries, central America, Mexico, USSR, and South African countries.

4. African countries (except South Africa) Cambodia, Burma, Laos, Vietnam.

1. Such a business has whether been run in accordance with its registered objectives or not?

- Certificate of Incorporation approved by competent official valid for not more than 6 months.

- Balance Sheet Form (Sorborchor 3 or Sorborchor 31).

2. Has there been a financial statement certified by a certified auditor or chartered taxation auditor?

3. Report prepared by such certified auditor, or report upon accounting audition and verification thereof unconditionally stating its accord to all particulars thereof, if there being any condition, such condition shall not mention any about the going concern of such business ever.

- Report prepared by a certified accounting auditor or report upon accounting audition and verification thereof prepared by a chartered taxation auditor, as the case may be.

4. Has there been any changes in such business sector’s asset and liability in respect of cash and deposit accounts of such the business’s debtors, including inventory, circulating fund as seen appearing as particular in the prepared financial statement?

5. Calculation of depreciation or devaluation of such company’s asset and property subject to category entailing land, premises, and equipments.

Balance Sheet together with remarks giving explanation thereof.

6. Has there been any change in respect of liability incurred by execution of loan, circulating liability and etc, as seen appearing as particular in the prepared financial statement?

Balance Sheet together with remarks giving explanation thereof.

7.The remark giving explanation of the Balance Sheet must not state “ do not run any business activity”.

Balance Sheet together with remarks giving explanation thereof.

8. Has there been a contribution of value added tax very month? This rule applies to every business entity whose value added tax is registered ( for any business entity having an income from sales or services or obtaining its main source of income from any other sources of its business amounting in excess of 1,800,000 or whichever nature of business subject to order of Department of Revenue to be registered for value added tax payment.

- Statutory form verifying payment of value added tax (PhorsamphaoPorparn 30 or PhorsamphaoPorparn 36) and receipt.

9. Has there been a contribution of specific business tax for every month? (for any nature of business for which a contribution of specific business tax is required).

- Statutory form verifying payment of specific business tax (PhorsamphaoThorthong 40 form) and receipt.

10. Has there whether or not been a contribution of personal income tax for every month?

- Statutory form evidencing payment of withholding tax deducted from the employees’ salary (PhorNgorDor1 form).

11. Has there whether or not been a contribution of Social Security Fund in every month?

- Statutory form entailing contribution of  fund to Social Security Found (SorsuePorplaSorsue 1-10 form (General form).