RULING OUT FOREIGNERS?

The following new proposals are due to be made law and put into effect by July next year. They could have profound effects on foreigners applying for 1 year visas because they run small businesses in Thailand – and/or those wishing to stay here due to their marriage to a Thai national, or other family links. Here are the proposed measures, with comments from Lt-Col. Banpote Kittiweera of Immigration Police, Chiangmai, to David Hardy on some of the possible effects. In all cases we have used the most direct possible translation of the Thai proposals.

A FOREIGN HUSBAND WANTS TO LOOK AFTER A THAI WIFE

This is not allowed unless they are fully legally married and the husband has a high income to support the wife. Evidence to submit: marriage certificate, birth certificate, evidence of husband’s financial situation, a letter to show his work status, work permit, proof of the wife’s Thai nationality, record of the relationship, evidence from the husband’s Embassy to prove he was single at the time of marriage. This is not required if the couple have a child with a birth certificate.

The foreign husband must have not less than 400,000b in the bank and earnings of at least 40,000b per month. If the officer suspects this is not the case he can check with the bank in case the applicant withdraws almost all the money. This is not allowed. If the foreigner married a Thai national before entering the country the officer will inspect his previous visa stamps and the marriage certificate.

If the couple have a marriage certificate and a child but all papers cannot be submitted the officer will interrogate them. If they can be trusted, the foreigner will be given a once-only visa valid for 6 months only. When living together as husband and wife, the officer will check their status every 3 and 6 months. If there is any doubt he will inspect their residence before accepting the application. If the wife leaves Thailand, the officer will interview her relatives and neighbours every 6 months.

If the applicant applies in Bangkok and there are not enough inspectors, officers in other branches will assist.

A FOREIGNER WANTS TO STAY UNTIL THE END
OF THEIR LIFE.

A foreigner who entered the Kingdom before October 21st, 1998 must be under 60 years of age and must have regular income of not less than 20,000b per month and savings of not less than 200,000b and must submit a bank book with at least 3 months record of savings. If the applicant is under 60 but not under 55 they must have regular income of not less than 50,000b per month and savings of not less than 500,000b and submit a bank book with at least 3 months records.

Evidence of income (e.g. pensions) and evidence of the necessity to stay here permanently must be submitted.

In cases where the applicant has only savings, they will be interrogated as to their situation once the savings are finished, how other income will be received and from where. Movement of funds in the bank account will be inspected and evidence must be shown that money is transferred through the bank regularly.

A husband with a Thai wife and children who are too young to go to school or mentally or physically disabled is allowed. Not more than one year each application is allowed.

A foreigner who entered the Kingdom after October 21st 1998, aged 55 years or over must have the same financial evidence, also 800,000b in the bank, an income of not less than 65,000b per month or income and savings together of not less than 800,000b. A letter from a Thai bank must certify this and a letter from the foreigner’s Embassy or Consulate must confirm the monthly income. Evidence must be shown of the need to stay permanently. Not more than one year each application is allowed.

A foreigner who entered the Kingdom since 15th November 2001 and who is 50 years or older must have income as follows: not less than 65,000b per month, at least 800,000b in the bank or income and savings together of that amount. Evidence from a Thai bank and Embassy or Consulate as above, the need to stay permanently as above, also a doctor’s certificate to say that the foreigner does not have any infectious disease according to the Health Ministry details issued on November 14th 1992. Examples include TB, malaria, elephantisis. 

TO LOOK AFTER OR BE LOOKED AFTER BY A THAI NATIONAL

A foreign parent looking after a child who is a Thai national related by blood, or because the parent lives in Thailand. This is usually not allowed unless good reasons and evidence can be shown.
Evidence must comprise proof of parenthood by birth certificate, plus records showing that the parent has cared for the child already. A financial statement must be provided showing not less than 400,000b in the bank or earnings of at least 40,000b per month.

If the parent is under 50 years of age, he or she must have a job and a work permit. For the first application in a case where the parent does not have a job, he or she will be allowed to stay for only 9 months with a condition that by the next application he or she must be working. Otherwise the person will be asked how they earn a living. The year after, the person must submit evidence of payment of income tax.

In a case where the person has only savings in a bank, they will be interrogated as to where the money has come from, what the person will do when it is used up and from where other funds will come. The person’s bank account will be inspected for the movement of funds.

A foreign parent needs to be looked after by a child who is a Thai national living in Thailand. This is allowed if evidence can be shown of the relationship, eg birth certificate and from the child’s evidence. Blood will be tested and if the group is the same, a DNA test will be carried out before the application is allowed. Allowance also depends on the child’s financial situation. The child must show evidence of status, career and income. They must have 400,000b in the bank for one year and earn at least 40,000b per month. Less than this and the application will not be allowed.

A foreigner who wishes to look after a father or mother of Thai nationality, living in Thailand. This is allowed, based on the status, career and income of the foreign child. Evidence of relationship, eg birth certificate must be supplied. If the foreigner has children of foreign nationality, only one will be allowed to stay here. If the application is allowed, in the second year the foreign child must submit evidence of tax payments for the first year if they have a job in Thailand. They must have not less than 400,000b in the bank for one year and a monthly income of not less than 40,000b. Under these figures, the application will not be allowed.

A foreign child who wants to be looked after by a parent who is a Thai national, living in Thailand. It is not allowed unless the child is under 20 years of age or is studying and there is evidence from schools or colleges, or is physically or mentally disabled and cannot care for themselves. Evidence of the relationship must be shown, eg birth certificate.
The foreign parent living in Thailand must fulfil the same financial requirements as above.

Q: “Colonel, these are very stringent financial conditions. Are these proposals for discussion or are they likely to be made law with very few changes?”

A: “The committee has drafted the measures and I would not expect many changes before July at all.”

Q: “Surely there is a risk that if some of these measures
become law then many families will be broken up?”

A: “If there are special circumstances, such as the foreigner cannot comply and the Thai national cannot return to the foreigner’s own country with them, they can supply evidence to be considered. 

FOREIGN BUSINESSMEN

The following nationalities must show that they earn the following minimum monthly incomes:
Japanese, Americans and Canadians: 60,000b.
Europeans and Australians: 50,000b.
Koreans, Taiwanese, Hong Kong nationals, nationals of colonies of the UK, British Singaporeans and Malaysians: 45,000b.
Indians, nationals of the Middle East, Chinese Indonesians, Philippine nationals: 35,000b
Burmese, Laotians, Vietnamese, Cambodians, Africans: 25,000b.
Any foreign national in the newspaper business: 20,000b

To do business in Thailand, the business must be important and useful to the Thai economy and people, and be highly invested. The foreigners must be executives or experts at what they do. The officer will consider the security of the business, its capital and tax payments and Labour Ministry requirements. Reasons to run the business must be given.

In general one foreigner must employ at least 4 Thai staff with the following exceptions. Only one Thai staff may be employed in: international trade, a regional office, a branch of a national company (i.e. one that serves all of Thailand), an agent acting as middle-man, a consulting company, a joint venture, a foreigner running a business who is a specialist, a regional operation office. However a Juristic person whose business needs more than 1 Thai staff on a daily basis must have a minimum of 20.

EVIDENCE REQUIRED IS AS FOLLOWS.

GROUP A

The foreigner must provide complete evidence to the officer that, as a Juristic person, investment of not less than 30 million baht is registered, or the business is based on international law such as international trading, a regional office or national company.

GROUP B

The foreigner running a business who can show investment as above and exports of over 20 million baht per year or attracting over 5,000 tourists per year or show profit in the previous year of over 10 million baht. If these criteria are met the application will be processed within 14 days.

GROUP C

A Juristic person who can show investment as above but with less than 20 million baht’s worth of exports per year or fewer than 5,000 tourists per year or less profit than 10 million baht. Tax payments for the previous 3 months must be shown. If these criteria are met the application will be processed within 30 days.

OTHERS

If there is more than 1 foreigner in a company and the company cannot appoint more Thai staff as required, the officer will consider the capital, profit, number of shares held by the foreigner(s) and how much export business is done.

In the case of a tour business the foreigner must show his ability to attract over 1,500 tourists each year from the government section or Thai Tourism Association or passenger lists and hotel reservations.
Income must be based on a table of qualifications. If a foreigner does not have tax payments or work permit yet, the officer will consider giving a 5 month allowance at first until he or she has everything required, then the application may be allowed.

In the case of a foreigner submitting tax payments which are not at the same rate as originally informed, but not less than the rate required, he or she must have a letter of explanation. If their income is less than that required, the application will not be allowed.

A FOREIGNER APPLYING TO WORK FOR A COMPANY
OR SHOP

Evidence must be submitted about the foreigner’s position, income and qualifications, the number of staff, type of business and reasons for the employment. The officer must see the work permit or the letter from the Labour Office to say the permit has been applied for; the balance sheet and profit and loss accounts of the company for the previous year or 2, VAT and company tax payments and the tax paid by the Thai staff in the current month.

The officer may ask for more paperwork or make an inspection if he suspects that the business does not conform to the application. (In the case of a public limited company, no shareholders list, Thai staff tax payments need be shown, but VAT payments for the whole year must be stated). Future applications must show tax paid in the previous year. Export businesses must provide a letter detailing the exports.

Letters certifying the registration, VAT registration and a list of shareholders must be provided. Export businesses must show evidence from the Customs or bank.

Q: “Isn’t this going to have an immediate effect on native teachers of English? If they have to leave in large numbers, will not the teaching of English suffer here?”

A: “No, because most of them are employees rather than proprietors of businesses.”

Q: “Why is the only exception to the minimum salary levels for newspapers?”

A: “Thailand generally benefits from foreign journalists here and many are not well paid.”

Q: “Thank you for that – but this is all about money, isn’t it? It seems that money is the only criteria being used to establish whether a foreigner is welcome in Thailand. In fact there are useful, honest members of society here on low budgets and wealthy foreigners who are not of good character.”

A: “Thailand has enough legislation in place to ensure that undesirable people can be made to leave.”

Q: “What can concerned individuals, foreigners and Thais, and companies do to comment on these measures or try to make changes to them?”