Permanent resident: To be or not to be

Permanent resident: To be or not to be
source: Bkk Post/TILLEKE & GIBBINS
www.tillekeandgibbins.com

Similar to typical "how to" questions such as how to buy a house or condo or how to set up a business, how to acquire Permanent Resident status has become a question frequently asked by foreign visitors and expatriates working and living in Thailand. While some have been told that a Permanent Resident (PR) permit is readily available to buyers of condominium units, others have learned that getting one requires commitment and time.

Why is PR status desirable? First of all, since it is an immigration status granted to foreigners who qualify and are approved to become residents of Thailand, the main benefit of having a PR is that the holder would no longer need a visa to enter and stay in Thailand. To some, this means relief from the burden of maintaining and renewing a one-year visa, which is becoming a more challenging process.

Another benefit is that a child born in Thailand to foreign parents both holding PR at the time of the child's birth would automatically get Thai nationality.

A further advantage is derived under the Condominium Act which exempts a PR holder from having to bring in foreign currency for buying a condo. In addition, Thai banks do not generally grant personal home mortgage loans to foreigners unless they have PR status, so it is good to have.

Needless to say, there are some difficulties that one must deal with in order to reap the rewards of a PR.

Foreigners must apply for a permit from the Immigration Bureau and the key requirement that knocks out foreign visitors at the outset is that an applicant must have been living in Thailand on a one-year visa for at least three consecutive years.

Such a one-year visa is obtainable if, for the business category, the foreigner is employed by a Thai company that has at least four Thai employees, earns the minimum income requirement, and fulfills other requirements prescribed by the Bureau.

The Immigration Act allows the granting of PR permits based on a limited quota of only 100 people per nationality per year. In certain years, the competition within some nationalities can be quite stiff. Currently, PR is basically available in three categories - working, humanitarian, and expert - with different requirements.

The popular working category, with some exceptions, basically requires that the applicant have held a work permit for three consecutive years, earns at least 80,000 baht a month, or has paid personal income tax of at least 100,000 baht per year in the past two years.

The humanitarian category includes a variety of circumstances, for example, staying to support a Thai wife, in which case the foreigner must have been legally married to her for at least two years and their combined income must have been at least 30,000 baht in the past two years. Applicants under the expert category need certification from the Thai government agency concerned to support their application.

The opening period for submitting applications varies from year to year but usually occurs in the last few weeks of the year. One of the requirements is that an applicant must have never been imprisoned, making a criminal background check (usually a time-consuming process and dependent on the co-operation given by foreign embassies and police authorities) imperative.

Following the submission of application and fingerprinting, a scheduled interview in person takes place with an immigration official to test the applicant's basic Thai listening and speaking skills. Scores will be given to the application for consideration by the committee which will decide on each case subjectively and objectively, thus making the outcome unpredictable. Applicants under the humanitarian category are given priority and preferential treatment. A waiting period of many months before the announcement of results is common.

There is a non-refundable application fee of 7,600 baht. However, it is often the steep government fee of almost 200,000 baht per PR, payable upon approval of the PR, which makes eligible foreigners have second thoughts, since a one-year visa by comparison, is more cost-effective. Nevertheless, while to some expatriates a one-year visa is sufficient to stay and work or to have a personal bank account or to obtain a credit card or driving licence, to others, a PR brings with it a great amount of pride and other intangibles.

It must be noted that PR holders are still considered "alien" under Thai law, thus they are not able to own land or work unless approval is granted. Yet, the demand for PR sometimes exceeds the quota available not only because of its legal benefits but also for the recognition it brings to the foreign holder in the eyes of the Thai authorities. Some even aim higher, that is, to pursue Thai nationality after holding a PR for five years.

Written by Kobkit Thienpreecha, Attorney, Commercial & Corporate Department, Tilleke & Gibbins International Ltd. Please send comments or suggestions to Marilyn Tinnakul at marilyn(AT)tillekeandgibbins.com.

A good friend of mine has done this 10 years ago - and he would not do it again. It simply isn't worth it. Also this article misses at least two negative points, one that I unfortunately can't remember, the other that a PR holder still has to register regularly (maybe not 90 days but yearly...like I said, due to his advice I forgot about this all quickly...).

Are this renewable on a five year basis? Or are you good to go without renewing, maybe a better way to ask that is do yo do it once and your have resident status for life?

If you only have to do it once might very well be worth he hazzle if this is home.

Do any of our members currently hold the PR status?

If you do what are your thoughts?

This might be some good reading..... http://www.tillekeandgibbins.com/Publications/Articles/immigration_employment/new_immigration_order.pdf


Pop's

7.17 seem to cover us married guy really well and if you read it carefully are not far off in what they ask for each year.

Proof of income IE letter from the Embassy

Proof of deposit, IE letter from Thai bank and copies of the Bank Book, might be a little over kill but not that much.

One thing I noticed is no requirement that the account be in the farrangs name only. Officer discretion.

Interesting that the income can be derived from the Thia's income not just the farang.

All in all pretty much says that Nong Khia is on track.

If we could just get rid that one year only.

Thanks Pop, much better to see the law then debate.

Another thought for those under 50 and nopt married the education visa is very interesting.

If you look carefully, it said the combined income of 30,000 baht.....big difference if you ask me.


Pop's

Well 10K baht, but I think we all selective reading, since I don't have business, and my income from outside of here, really missed it.

Thanks Pop

I'm not sure about registering yearly, but I did read somewhere that the PR is reviewed ever 5 yrs, to insure you are still with the requirements of the PR. If I find it I will post it.

Pop's