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Reinstate Permanent Residency For Thailand

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My relative, who is a Japanese citizen (age 80+), had a permanent residency in Thailand for over 20 years and gave that up 2 years ago when she returned to Japan and didn't go back to Thailand to get a re-entry permit. Her children are Thai citizens and she went to Thailand to retire, but wanted to return to Japan for the last days of her life. However, there is no family in the immediate vicinity of where she lives and she is now in need of more care and it would be best to live in Thailand with relatives who can take care of her.

Can she get her permanent resident status reinstated? Does she have to apply for a non-immigrant visa first? and if so, which kind?

One post of nonsense removed.

Immigration Act. http://immigration.go.th/nov2004/en/doc/Immigration_Act.pdf

Section 51 : Any alien who has formerly resided in the Kingdom but has no document of departure for return or has a document of departure for return, but has not returned to the Kingdom in reference to the time prescribed in Section 48 and the alien wishes to take up residence in the Kingdom again , he must submit an application in accordance with the procedure as prescribed in the Ministerial Regulations for consideration and approval. When the Immigration Commission considers that the alien has reason and proper excuse and he is not excluded from entry under Section 12 and Section 44 , the alien may bepermitted to enter to take up residence in the Kingdom under the concurrence of the Minister, but the alien has to receive a new Residence Certificate. The provision of Section 45 Para.2 shall be applied Mutatis Mutandis while waiting for permission.

The provisions in Section 12 (1) concerning visa , (2),(3) and (9) shall not apply with the case as

provided in the first paragraph of this section.

The applicant must pay fees as prescribed in the Ministerial Regulations.

She would need to get a non immigrant O visa either based upon previously having residency or having Thai children (birth certificae of child needed).

After arriving in Thailand she would have to go to immigration and apply to have her residency reinstated. From reading the above and immigration website fees it appears she would have to pay a fee of 97,500 for a new certificate. http://immigration.go.th/nov2004/en/base.php?page=fee

She could also get an extension of stay for having a Thai child as a 2nd option.

Wonder what happens to a PR holder who happens to visit a foreign country, lose his passport and PR books, then how he come backs here with his PR Status intact? Does Lop's post cover him as well? i.e. need to get any visa to come back, and then appeal to minister and pay the fees again?

I know at least 1 persoon who lost his PR because he did not come back to Thailand for several years.

He did get it back and remember he had to pay a 100 or 200k fine.

So this seems to confirm what ubonjoe said.

Good to know.

Sent from my HTC Desire S

Edited by brianinbangkok

Wonder what happens to a PR holder who happens to visit a foreign country, lose his passport and PR books, then how he come backs here with his PR Status intact? Does Lop's post cover him as well? i.e. need to get any visa to come back, and then appeal to minister and pay the fees again?

Loss would be something entirely different. With a police report from location where passport was lost and copies of passport pages and etc. it should not be that big a problem getting things sorted out. It probably would be good to notify the local Thai embassy or consulate (if any) of the loss also.

A visa exempt entry might be enough to get things started at immigration after return.

From immigration website fee page.

Residence certificate (TM. 17)

In case of damage or loss or insufficient space in passport: 1,900.- Baht per piece

In the OP's case I suggest a visa since it might take some time to get things sorted out and she also qualifies for an extension of stay if the 97,500 fee is to much.

Edited by ubonjoe

Wonder what happens to a PR holder who happens to visit a foreign country, lose his passport and PR books, then how he come backs here with his PR Status intact? Does Lop's post cover him as well? i.e. need to get any visa to come back, and then appeal to minister and pay the fees again?

Loss would be something entirely different. With a police report from location where passport was lost and copies of passport pages and etc. it should not be that big a problem getting things sorted out. It probably would be good to notify the local Thai embassy or consulate (if any) of the loss also.

A visa exempt entry might be enough to get things started at immigration after return.

From immigration website fee page.

Residence certificate (TM. 17)

In case of damage or loss or insufficient space in passport: 1,900.- Baht per piece

In the OP's case I suggest a visa since it might take some time to get things sorted out and she also qualifies for an extension of stay if the 97,500 fee is to much.

Are you sure? Won't the poor guy lose the PR status automatically if he returns on a visa exempt stamp or any kind of visa? Will it be as simple as going to the immigration , pay the 1,900 Bath fee and get his PR status back?? Won't he need to apply for a proper visa at the thai consulate in the jurisdiction of where he lost his passport and PR Books?

I can't see that it would be a problem entering on a visa exempt entry. What if there was no Thai embassy or consulate in the country where the person was at?

Immigration keeps records of PR holders so it should not be that big a problem. They would simply put stamps in the new passport and then cancel the permit to stay stamp that was gotten from a visa or an exempt entry.

Wonder what happens to a PR holder who happens to visit a foreign country, lose his passport and PR books, then how he come backs here with his PR Status intact? Does Lop's post cover him as well? i.e. need to get any visa to come back, and then appeal to minister and pay the fees again?

I know a friend who lost his PR Book while abroad. The details I don't have, but he had someone in Bangkok applying for a replacement book. Of course there was some administration to be done, and some official fees to be paid, but in short it was a straight forward process. No need to pay (again) the PR fees you pay when you first apply.

The key was to have someone in Thailand doing the ground job for him. Just showing up without the PR book at the airport immigration is probably a much tougher nut to crack.

Wonder what happens to a PR holder who happens to visit a foreign country, lose his passport and PR books, then how he come backs here with his PR Status intact? Does Lop's post cover him as well? i.e. need to get any visa to come back, and then appeal to minister and pay the fees again?

I know a friend who lost his PR Book while abroad. The details I don't have, but he had someone in Bangkok applying for a replacement book. Of course there was some administration to be done, and some official fees to be paid, but in short it was a straight forward process. No need to pay (again) the PR fees you pay when you first apply.

The key was to have someone in Thailand doing the ground job for him. Just showing up without the PR book at the airport immigration is probably a much tougher nut to crack.

Yeah I see. That makes sense. I guess after receiving the replacement book, the guy would have to apply a non quota immigrant visa from local Thai embassy and then only he could have come back without having his PR status revoked

I am not an expert on this matter but I am led to believe that once PR has lapsed, on most occasions it must be newly applied for again. I can think of 3 cases like this. It was difficult, although not as difficult as the initial application and expensive!

I am not an expert on this matter but I am led to believe that once PR has lapsed, on most occasions it must be newly applied for again. I can think of 3 cases like this. It was difficult, although not as difficult as the initial application and expensive!

My PR was approved recently, and at the book handing over ceremony the immigration lady was very clear that if you let your PR lapse, you must re-apply again from scratch. She said there were no exceptions to this, and several people who had challenged it in court had lost.

Edited by stbkk

Wonder what happens to a PR holder who happens to visit a foreign country, lose his passport and PR books, then how he come backs here with his PR Status intact? Does Lop's post cover him as well? i.e. need to get any visa to come back, and then appeal to minister and pay the fees again?

I know a friend who lost his PR Book while abroad. The details I don't have, but he had someone in Bangkok applying for a replacement book. Of course there was some administration to be done, and some official fees to be paid, but in short it was a straight forward process. No need to pay (again) the PR fees you pay when you first apply.

The key was to have someone in Thailand doing the ground job for him. Just showing up without the PR book at the airport immigration is probably a much tougher nut to crack.

Yeah I see. That makes sense. I guess after receiving the replacement book, the guy would have to apply a non quota immigrant visa from local Thai embassy and then only he could have come back without having his PR status revoked

Well, it was not that simple as the replacement PR book could not be sent abroad as it first had to be signed by the PR holder at the immigration office in Thailand. But in some way they managed to arrange some papers so that he could enter Thailand without having applied for any visa at any Thai embassy abroad. This is just to show that there is some way to make it.

For the Japanese lady in the OP, a retirement visa might be easier and cheaper than a new PR application.

A friend lost his PR status some years ago as he unexpectedly required surgery while abroad and returned to Thailand three weeks too late. His PR was cancelled in spite of testimonials he brought from doctors about the medical reasons for his overstay out of the country. But Immigration was sympathetic helped him re-apply for his PR from scratch which he got within a year (back in the days when it took no more than a year).

I think it is necessary to go to CW and ask them what is the current interpretation of Section 51 of the 1979 Immigration Act. I have a nasty feeling that every one has to re-apply from scratch, meaning that you need to meet the employment qualifications, but I could be wrong.

For the Japanese lady in the OP, a retirement visa might be easier and cheaper than a new PR application.

The extension based upon having a Thai child that I mentioned would be the best for her since financial requirements are lower.

I live in Ubon and have had PR for nine years. It was made very clear to me that if I was overdue in reporting to the local police station for an extension (once every five years for a 800 baht fee), I would lose my PR status and have to reapply from scratch again. That means joining the queue and waiting 3-4 years.

What STBKK wrote above "My PR was approved recently, and at the book handing over ceremony the immigration lady was very clear that if you let your PR lapse, you must re-apply again from scratch. She said there were no exceptions to this, and several people who had challenged it in court had lost". followed by Arkady "I think it is necessary to go to CW and ask them what is the current interpretation of Section 51 of the 1979 Immigration Act. I have a nasty feeling that every one has to re-apply from scratch, meaning that you need to meet the employment qualifications, but I could be wrong" are correct.

A friend of mine was a little casual about reporting in and was late and lost his status. He just couldn't be bothered going through all the processes of getting PR again (mountain of paper work, interviews etc) so just gets a retirement visa every year.

I live in Ubon and have had PR for nine years. It was made very clear to me that if I was overdue in reporting to the local police station for an extension (once every five years for a 800 baht fee), I would lose my PR status and have to reapply from scratch again. That means joining the queue and waiting 3-4 years.

What STBKK wrote above "My PR was approved recently, and at the book handing over ceremony the immigration lady was very clear that if you let your PR lapse, you must re-apply again from scratch. She said there were no exceptions to this, and several people who had challenged it in court had lost". followed by Arkady "I think it is necessary to go to CW and ask them what is the current interpretation of Section 51 of the 1979 Immigration Act. I have a nasty feeling that every one has to re-apply from scratch, meaning that you need to meet the employment qualifications, but I could be wrong" are correct.

A friend of mine was a little casual about reporting in and was late and lost his status. He just couldn't be bothered going through all the processes of getting PR again (mountain of paper work, interviews etc) so just gets a retirement visa every year.

I think the posters you are quoting are referring to being outside Thailand when their current immigrant visa endorsement and re-entry expire and losing PR that way.

There have been a couple of posts in Camerata's PR thread saying that being late in reporting to the police station every 5 years to renew your Alien Certificate incurs a small fine and that's all.

A friend lost his PR status some years ago as he unexpectedly required surgery while abroad and returned to Thailand three weeks too late. His PR was cancelled in spite of testimonials he brought from doctors about the medical reasons for his overstay out of the country. But Immigration was sympathetic helped him re-apply for his PR from scratch which he got within a year (back in the days when it took no more than a year).

I think it is necessary to go to CW and ask them what is the current interpretation of Section 51 of the 1979 Immigration Act. I have a nasty feeling that every one has to re-apply from scratch, meaning that you need to meet the employment qualifications, but I could be wrong.

You mean to say, need to reapply for even those who lost the PR book and Passport abroad in an unfortunate incident? Or only those who let it lapse and didn't come back in time?

Just for letting it lapse.

The lost passport outside country issue has not really been covered very much.

I live in Ubon and have had PR for nine years. It was made very clear to me that if I was overdue in reporting to the local police station for an extension (once every five years for a 800 baht fee), I would lose my PR status and have to reapply from scratch again. That means joining the queue and waiting 3-4 years.

What STBKK wrote above "My PR was approved recently, and at the book handing over ceremony the immigration lady was very clear that if you let your PR lapse, you must re-apply again from scratch. She said there were no exceptions to this, and several people who had challenged it in court had lost". followed by Arkady "I think it is necessary to go to CW and ask them what is the current interpretation of Section 51 of the 1979 Immigration Act. I have a nasty feeling that every one has to re-apply from scratch, meaning that you need to meet the employment qualifications, but I could be wrong" are correct.

A friend of mine was a little casual about reporting in and was late and lost his status. He just couldn't be bothered going through all the processes of getting PR again (mountain of paper work, interviews etc) so just gets a retirement visa every year.

I was about 2 months late for my 5 year renewal (second time) at the police station, the fine is about 400 bath for being late. So I paid 1200 bath. In the red book they mention a fine for not following these rules.

The Thai police do not have the power to cancel your PR.

You will not lose it unless you are convicted of a serious crime, leave the country without a reentry permit or leave Thailand for more then a year.

http://bangkok.immigration.go.th/en/base.php?page=service#

Edited by brianinbangkok

I live in Ubon and have had PR for nine years. It was made very clear to me that if I was overdue in reporting to the local police station for an extension (once every five years for a 800 baht fee), I would lose my PR status and have to reapply from scratch again. That means joining the queue and waiting 3-4 years.

That is not correct.

I have had PR for over 40 years and on one occasion I forgot to renew my A lien Certificate (the Red book) at the expiry of a 5 year e4xtension, if I recall I was about 2 months late.

When I went to the local Police Station there was absolutely no problem - I paid a small fine (forget how much but a few hundred Baht) and it was renewed there and then.

The only other penalty was that they would only renew for 1 year, at the end of that year I reported again and it was renewed for the usual 5 years.

Patrick

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