Thailand: Residence status available to a foreigner whose spouse is a citizen, including rights and obligations; requirements and procedures for residence status to become permanent (2011-2013)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Requirements for a Foreigner to Stay in Thailand with His Thai Wife

The website of the Immigration Division 1 (which serves Bangkok) of the Immigration Bureau of Thailand says that an "alien" who wishes to stay in Thailand with his Thai wife must obtain a non-immigrant visa and meet these other requirements:

Hav[e] any proof of relationship; Marriage Certificate, Birth certificate of their children (if any) etc.

Hav[e] evidences of nationality of his Thai wife; Thai ID card, her household registration Book.

Hav[e] relationship with Thai wife de jure and de facto; Family picture, map of the applicant's residence in Thailand.

Hav[e] evidences of definite financial status of foreign husband by showing average income not less than 40,000 Baht [TBH, about C$1,380 (XE 18 Mar. 2014a)] per month or having money in the Thai Bank account of not less than 400,000 Baht [about C$13,800 (XE 18 Mar. 2014b)] which must be held consecutively not shorter than two months.

Documents supporting financial status of foreign husband as mentioned above are as follows:

For foreign husband working in Thailand

Work Permit.

Letter from his employer verif[ying] employment and salary in details (monthly salary must not be less than 40,000 Baht).

Evidence of payment of annual income tax with receipt (Por Ngor Dor 1 of latest three months and Por Ngor Dor 91 of the previous year)

OR

5.2 In case of having money in the bank account (Fix/Saving Deposit) of any bank in Thailand

The updated bank passbook on the date of application submission showing his account of not less than 400,000 Baht which has been deposited and consecutively held of such amount for 2 months

Letter from the bank certified that account.

OR

5.3 In case of foreign husband having any other income (not working in Thailand) such as pension, social welfare etc.

Letter from the applicant's Embassy consulate in Bangkok verified his monthly pension or other income not less than 40,000 Baht per month.

An affidavit confirming the alien's status with a Thai national. (Thailand n.d.b)

The website of the Royal Thai Embassy in Australia lists requirements for a "Non-immigrant Visa O," which the website indicates is only for persons with a Thai husband, wife, or child (ibid. n.d.c). The documents required for a non-immigrant visa O are the following:

Visa application form completely filled out.

Passport or travel document with validity not less than 6 months.

One recent photograph full-faced (passport-sized photograph or 2 1/2 inches).

A photocopy of your valid spouse Thai I.D card / passport.

A photocopy of your spouse Thai house registration.

A photocopy of a marriage certificate.

A formal letter from your spouse identifying who he or she is and the relationship to you.

A photocopy of a birth certificate of your child (if using your children as a sponsor for the visa). (ibid.)

The embassy website states the fee for a non-immigrant visa, authorizing entry for up to 90 days, to be 90 Australian dollars (AUD) [C$91.60 (XE 19 Mar. 2014a)] for a single-entry visa, or 225 AUD for a multiple-entry visa [about C$230 (XE 19 Mar. 2014b)] (Thailand n.d.d).

2. Requirements for a Foreigner to Stay in Thailand with Her Thai Husband

The website of Immigration Division 1 indicates that a foreign woman who wishes to stay in Thailand with her Thai husband also must obtain a non-immigrant visa, and must fulfil the following requirements and submit the following documents:

Hav[e] relationship with her Thai husband de jure and de facto.

Marriage Certificate, and Kor lor 2 or Family Status Registration, Birth Certificate of their-child/children (if any)

ID card of Thai husband and his household registration Book.

Family picture of applicant with her Thai husband and child/children.

Map of the applicant residence in Thailand. (ibid. n.d.b)

The website further indicates that a foreigner having a "non-immigrant visa" may apply for an extension of temporary stay at the nearest provincial immigration office (ibid.). Foreigners residing in Bangkok must contact Immigration Division 1 located in Bangkok (ibid.). The website of the Ministry of Foreign Affairs of the Kingdom of Thailand provides general information on Thailand's visas (ibid. 21 Jan. 2013). A copy of that information is attached to this Response.

3. Permanent Residence

3.1 General Requirements

The website of the Royal Thai Embassy in Australia states that

[t]he opening date for applications in each year varies, depending on an announcement by the Minister of Interior. Once the announcement has been issued, applications may be submitted up to and including the last working day of the year. ...

An application should contain a detailed explanation of the true and exact reasons of why the applicant is requesting a residence permit. This is for the applicant's own benefit; as such information will assist the relevant officials to make a more rapid decision. In addition, a number of documents need to be included with each application, in accordance with the category under which the application is submitted:

Business or employment purposes;

Investment purposes;

Experts or academics;

To support a family (wife and children) who are Thai citizens;

As a dependent of a husband or father who is a Thai citizen;

Accompanying a husband, father or son/daughter who already has a residence permit;

Retirement. (Thailand n.d.a)

The website of the Government Public Relations Department of Thailand states the following:

The Ministry of Interior announces its annual quota for issuing permits per nationality (stating how many applications will be accepted per nationality) in the Government Gazette each year. The applicant may thereafter submit his application until the last working day of that year together with all required supporting documents. The applicant will also be required to be interviewed by an immigration officer. Note that this interview includes an oral Thai proficiency test. (ibid. 2 Oct. 2009)

According to the website of the Royal Thai Embassy in Australia,

[o]nce the opening date for applications has been announced, applications can be submitted, together with the necessary documents, at Section 1, Sub-Division 1, Immigration Division 1, Immigration Bureau (Room 301), Soi Suan Plu, off South Sathorn road, Sathorn District, Bangkok, or at the Immigration Office for the region [emphasis in original] of Thailand in which the applicant is residing. ...

The applicant must apply in person as the Immigration Bureau will require a set of fingerprints for the purpose of checking for criminal record. (ibid. n.d.a)

The requirements enumerated on the website of the Government Public Relations Department of Thailand specify that, before applying for a permanent residence permit, a "foreigner must have held a non-immigrant visa and have resided in Thailand for at least three consecutive years on the same non-immigrant visa at the time of application" (ibid. 2 Oct. 2009). The website of the Royal Thai Embassy in Australia similarly states that "[a] foreign national qualifies to apply for a residence permit if he or she has been permitted to stay in the Kingdom for a total of at least 3 years up until the date of application" (ibid. n.d.a).

The processing time for a permanent residence application is between six months and a year (ibid. 2 Oct. 2009).

3.2 Spousal Applications

According to the website of the Government Public Relations Department of Thailand, a foreigner married to a Thai citizen may apply for a permanent residence permit in Thailand under the "Humanity Category" (ibid.).

A foreigner applying for a residence permit to support a family (wife and children) who are Thai citizens must submit the following documents:

Application form (TM. 9).

Personal information sheet.

Health certificate from a hospital (issued within the previous 3 months).

Certification that the applicant has no criminal record in his or her overseas domicile. This must be certified officially, e.g., by the applicant's embassy in Bangkok.

Official marriage and birth certificates (in the case of accompanying family members who are also applying).

Copy of identity card and house registration of wife and/or children.

Letter certifying place of employment.

Copy of work permit.

Copy of annual personal income tax forms with receipts for the previous 3 years.

Copy of each month's personal income tax forms (por ngor dor 1) with receipts from January of year of application until the month before applying (only for applicant earning a salary).

Company registration certificate or juristic person certificate.

Copy of Value Added Tax (VAT) registration of the company.

List of company shareholders (only for applicant, who is a shareholder).

Company balance sheet and income tax with receipt (por ngor dor 50) for the previous 1 year (with the exception of a state agency or state enterprise).

Map of residence and place of work.

Copy of passport (must show a total of 3 years' travelling history to Thailand). (ibid. n.d.a)

A foreigner applying for a residence permit as a dependent of a husband or father who is a Thai citizen must submit the following documents:

Application form (TM. 9)

Personal information sheet.

Health certificate from a hospital (issued within the previous 3 months).

Certification that the applicant has no criminal record in his or her overseas domicile. This must be certified officially, e.g., by the applicant's embassy in Bangkok.

Official marriage and birth certificates (see certification requirement in No. 4 Above).

Copy of identity card and house registration of husband and/or father (in cases where the husband or father has become a naturalized Thai citizen, a copy of the naturalization certificate must also be provided).

Work and income certificates of husband and/or father.

Map of residence and place of work.

Copy of passport (must show a total of 3 years' travelling history to Thailand). (ibid.)

The website of the Immigration Bureau lists additional documents required when applying for a residence permit by a foreigner whose spouse is a Thai citizen (ibid. Dec. 2009). A copy of that information is attached to this Response.

The application processing fee for the spouse (or child of less than 20 years of age) of a Thai citizen or permanent resident is 95,700 THB [C$3,290 (XE 14 Mar. 2014] (Thailand 2 Oct. 2009).

Further and corroborating information on the residence status available to a foreigner whose spouse is a citizen of Thailand, including rights and obligations, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Thailand. 21 January 2013. Ministry of Foreign Affairs of the Kingdom of Thailand. "Thailand's Visa Information: General Information." [Accessed 14 Mar. 2014]

_____. December 2009. Immigration Bureau. "Documents Required when Applying for a Residence Permit (December 2009) in the Category of Supporting Thai Citizen or Being Supported by Thai Citizen (Husband-wife, Father-mother, or Children who is Under 20 Years of Age and Single." [Accessed 13 Mar. 2014]

_____. 2 October 2009. Government Public Relations Department. "The Procedure to Obtain a Permanent Residence Permit in Thailand." <<http://thailand.prd.go.th/view_news.php?id=4455&a=4> [Accessed 10 Mar. 2014]

_____. N.d.a. Royal Thai Embassy in Australia. "To Acquire a Thai Nationality." [Accessed 11 Mar. 2014]

_____. N.d.b. Immigration Bureau, Immigration Division 1. "Frequently Asked Questions (FAQ)." [Accessed 7 Mar. 2014]

_____. N.d.c. "Non-immigrant Visa O." [Accessed 19 Mar. 2014)

_____. N.d.d. "Visa Fee." [Accessed 19 Mar. 2014)

XE. 19 March 2014a. "Currency Converter Widget." <<http://www.xe.com/currencyconverter/convert/?Amount=90&From=AUD&To=CAD> [Accessed 19 Mar. 2014]

_____. 19 March 2014b. "Currency Converter Widget." <<http://www.xe.com/currencyconverter/convert/?Amount=225&From=AUD&To=CAD> [Accessed 19 Mar. 2014]

_____.18 Mar. 2014a. "Currency Converter Widget." <<http://www.xe.com/currencyconverter/convert/?Amount=40000&From=THB&To=CAD> [Accessed 18 Mar. 2014]

_____. 18 Mar. 2014b. "Currency Converter Widget." <<http://www.xe.com/currencyconverter/convert/?Amount=400000&From=THB&To=CAD> [Accessed 18 Mar. 2014]

_____. 14 March 2014. "Currency Converter Widget." <<http://www.xe.com/currencyconverter/convert/?Amount=95700&From=THB&To=CAD> [Accessed 14 Mar. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful within the time constraints of this Response: lawyers in Thailand; Thailand - Royal Thai Consulate General in Toronto, Royal Thai Embassy in Ottawa, and Royal Thai Embassy in Washington, DC.

Internet sites, including: Amnesty International; ecoi.net; The Economist; Factiva; Freedom House; Human Rights Watch; Pattaya Today; Reporters without Borders; Thailand - Royal Thai Consulate General in Toronto, Royal Thai Embassy in Ottawa, Royal Thai Embassy in Washington, DC, Secretariat of the Cabinet; Thailaws.com; Thaivisa.com; United Nations - Refworld, UN Development Program; Unites States - Bureau of Consular Affairs of Department of State, Embassy of the United States in Bangkok.

Attachments

1. Thailand. 21 January 2013. Ministry of Foreign Affairs of the Kingdom of Thailand. "Thailand's Visa Information: General Information." [Accessed 14 Mar. 2014]

2. Thailand. December 2009. Immigration Bureau. "Documents Required when Applying for a Residence Permit (December 2009) in the Category of Supporting Thai Citizen or Being Supported by Thai Citizen (Husband-wife, Father-mother, or Children who is Under 20 Years of Age and Single." [Accessed 13 Mar. 2014]