Q&A ON EXPATRIATION

1. Why are foreign visa holders of one year or more required to report to the immigration authorities every 90 days?

They are required to do so under Article 37(5) of the Immigration Act. However, for added convenience, they can do it by mail or online.

– 2. Why are foreigners on retirement visa not allowed to hold any type of job here?

The law regulating the employment of foreign nationals, which is applied by the Ministry of Labor, stipulates that work permits are granted to those with a non-B visa or to those with permanent residence only. The details are specified in the regulations of the Department of Employment.

– 3. Why are expats who have lived, worked and paid taxes here for more than a decade still considered non-immigrants and ineligible for government health or social assistance?

Regardless of how long their stay, unless they are in the process of changing their nationality, their status remains that of a foreigner. At present, no social benefits are provided for non-Thais.

– 4. How many foreigners get permanent residency each year? Is there a quota?

The Interior Ministry generally announces permanent residence applications from November to December each year. There’s a quota — 100 per nationality every year.

– 5. According to article 37 of the immigration law, a renewed visa is valid for one year.

If their Thai spouse passes away and they have children together, they can ask to extend their stay for alimony reasons. If they do not have children, they may seek other reasons to stay, such as work or retirement, depending on their situation and how they choose to apply for a visa renewal.

– 6. Is there a reason why the law does not say foreign men married to Thai women can apply for Thai nationality, whereas it states that foreign women can apply for Thailand nationality if their spouse is Thai?

In both cases, foreign nationals can apply for Thai citizenship after being married to Thais under the Thai Nationality Act. However, the process is more complicated for men who are married to Thai women. There are certain requirements they must meet: they must stay in the country for at least five years, have good knowledge of the Thai language, have a decent job, and receive approval from the Interior Minister.

– 7. Is it possible for Thailand to adopt a ‘green card’ system?

The Immigration Office allows foreign nationals to apply for permanent residence in November-December of each year. This is similar to the green card system in other countries. Once they obtain permanent residence, they can stay in the country indefinitely, except they do not have Thai nationality. They must apply for Thai citizenship from the special police and their requests will be examined by the Home Minister.

Source: Deputy Commander of Immigration Bureau Pol Maj Gen Achayon Kraithong.

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