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Articles
Re-Entry Obligation for Thai Permanent Residents: Key Updates and Compliance Deadline
Pursuant to Section 48 of the Immigration Act B.E. 2522 (1979) (“Immigration Act”), when a permanent residence (“PR”) holder leaves Thailand, he or she is obligated to notify the relevant authority prior to departure in order to acquire the departure notification evidence in accordance with the process stipulated under Section 50 of the Immigration Act. In this regard, the holder must re-enter Thailand within one year from the date the authority issues the aforementioned evidence, otherwise the permanent resident status will lapse.
As a response of the Covid-19 pandemic, the Ministry of Interior had previously released an announcement1 prolonging the timeframe for PR holders who had traveled abroad and secured the required evidence before departing Thailand. The main objective of this measure was to assist permanent residents who were overseas and unable to return within the mandatory deadline. Nevertheless, once the situation improved, PR holders were required to expeditiously return to Thailand within the period specified by the Immigration Bureau.
Commencing from 8 March 2023, the extension for re-entry is no longer valid. As per the announcement issued by the Immigration Bureau2 (“Announcement”), PR holders under Section 48 of the Immigration Act, who were/are required to re-enter Thailand between 26 March 2020 and 30 September 2023, must ensure their return to Thailand by 30 September 2023 in order to comply with Thai immigration regulations. Failure to adhere to this specified timeframe may lead to the revocation of Thai permanent residency.
According to the guidelines of the Immigration Bureau attached to the Announcement, PR holders returning to Thailand will be subject to the following rules:
- If the mandatory deadline for returning to Thailand is before 26 March 2020, PR holders who return after the aforesaid deadline must comply with the laws, regulations and instructions concerning the procedures for passenger screening upon entry, similar to regular incoming passengers.
- If the mandatory deadline for returning to Thailand falls between 26 March 2020 and 30 September 2023, PR holders who return by 30 September 2023 must comply with the laws, regulations and instructions concerning the procedures for passenger screening upon entry without being required to undergo the immigration formalities.
- If the mandatory deadline for returning to Thailand falls between 26 March 2020 and 30 September 2023, PR holders who return after 30 September 2023 must comply with the laws, regulations and instructions concerning the procedures for passenger screening upon entry; unless the PR holders intend to request to retain their permanent residency in Thailand, as provided under Section 51 of the Immigration Act and the guidelines attached to the Announcement.
This is intended merely to provide a regulatory overview. It is not intended to be comprehensive, nor to provide legal advice. Should you have any questions on this or on other areas of law, please do not hesitate to contact:
Nuttaros Tangprasitti
Partner
Jarawee Suksngacharoen
Associate
1Announcement of the Ministry of Interior regarding permission for certain groups of foreigners to remain in the Kingdom of Thailand as a special case, dated 7 April 2020 - Clause 1 states that:
“For a foreigner who has been permitted to take up residency in the Kingdom of Thailand in accordance with Section 48 of the Immigration Act B.E. 2522 (1979) and has made evidence of notification for leaving the Kingdom of Thailand in order to re-enter within one year in accordance with Section 50 of the Immigration Act B.E. 2522 (1979), the period for re-entry shall be extended beyond one year. Once the situation is resolved, such foreigner shall promptly re-enter the Kingdom of Thailand within the period of time specified by the Immigration Bureau”.
2Announcement of the Immigration Bureau regarding the duration for returning to the Kingdom of Thailand for foreign nationals who have been granted permission to have permanent residency in the Kingdom of Thailand and have had their return period extended beyond one year, dated 8 March 2023.
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Nuttaros Tangprasitti specialises in corporate and commercial law. She regularly assists both international and domestic corporate clients (limited liability companies and partnerships, stock corporation in several industries) on the relevant laws of Thailand, which includes foreign direct investment, legal due diligence, M&A and cross-border M&A, joint venture, compliance, banking and finance. In addition to supporting clients on the above and a multitude of different legal formalities, she also has expertise in advising on various investment promotion policies of the Board of Investment (BOI), as well as compliance with foreign business, other laws on salient points for shareholders and joint venture agreements, which includes laws on immigration and foreign work under Thai law. Nuttaros speaks at many seminars and takes an active role in educating the clients on issues relevant to their businesses and her practice areas. She also writes various articles and newsletters on cutting-edge topics in several legal areas, which are widely distributed to existing and potential clients. Nuttaros aims to ensure the lawyers on her team are constantly developing and upgrading their skills, to ensure they meet or exceed the high professional standards of Nishimura & Asahi. She is committed to ensuring that both she and our firm deliver top-quality services to our clients and strong internal support for our colleagues. She recently began drafting a manual on several aspects of Thai law, as part of an “Investment promotion scheme,” and also wrote several newsletters on corporate law, and banking and finance laws. She also recently authored an article on the impact of Tax Reduction for Land and Buildings, which received excellent feedback from our clients, particularly those who are land and building owners. Nuttaros is committed to building a strong and progressive corporate and commercial practice, which also incorporates tax law, by adapting to new ideas in the legal industry.