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Camerata's Guide To The Permanent Residence Process


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I just hope things get better (faster) to get processed from next year.. Waiting three to four years for the result is an absolute disgrace...

I have been waiting for 7 years ! (applied 2007)

recently asked immigration about status. Nothing we can do about it, it is in the hands of the interior ministry.

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There have been discussions between ministers and the chambers of commerce about what is needed on the visa and WP front to make Thailand more hospitable to foreign investors.

I think I've heard Thai officials saying that same thing for about 12 of the last 18 years - and that's only because 6 of those years I wasn't in Thailand. Did anything concrete with visas/work permits actually change in the last 18 years? Nothing I can remember.

The progress is certainly nothing to write home about. The biggest improvement for those that qualify was the one stop service that makes NON-B visa and WP renewal much easier but of course it only applies to those working for BOI promoted companies or large non-BOI companies. Sometimes they have added a further restriction, limited the service to those at director level only in qualifying companies.

The 2008 Working of Aliens Act allowed for WPs to be 2-years instead of one but, there again, this was unofficially restricted to those working for BOI promoted or large companies until recently and there is no certainty that the unofficial restriction has been lifted. Meanwhile the 2008 Act stiffened the criminal penalties and jail sentences for foreigners working without WPs, while removing jail sentences from employers hiring them.

Pridyathorn has recently been focusing of giving more WPs to regional HQs as his major contribution to the problem, without taking into account that Thailand is extremely unattractive as a location for most regional HQs due its complex tax laws and the dire shortage of local staff fluent in English, Chinese, Indonesian, Vietnamese and other languages that might be needed. Compare Singapore and Hong Kong with their simple tax laws and abundance of English and Chinese speakers (and Malay/Indon in Singapore). Regional HQs would actually rather recruit capable locals than have to bargain for WPs for expensive expats.

A test for tertiary syphilis (but not stages 1 and 2 which nevertheless show up on the same test) was introduced for WPs in around 2009.

The PR process has got steadily more difficult, more onerous in terms of documentation, much slower and much less transparent, not to mention much more expensive, over the period mentioned. This is with absolutely no change whatsoever in the 1979 Immigration Act that governs it. It is simply bloody mindedness by Interior Ministry and police officials, largely in my opinion, the latter.

A couple of years ago the privilege of PRs to obtain a WP (why they need a WP at all is a mystery) without local employees was removed, making PR less valuable for expats with their own micro businesses.

Having said all that, I do believe there was some genuine good intention in the new regime and things have been happening over citizenship. However, nothing seems to have happened vis a vis PR, except for the cancellation of 2014 applications, and nothing meaningful has happened over WPs or NON-B visas. As far as foreign investors are concerned the ranking of importance would clearly be: WPs & NON-B visas; PR; and citizenship.

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Interesting and informative as always from Arkady on the subject of PR.Lobbying by Chambers of Commerce always seems to be less than effective in Thailand.My impression formed over many years is that government to government or Ambassadorial lobbying works better here, but sadly PR matters unlikely to figure very highly on the agenda.As to police bloody mindedness I have no doubt Arkady is right to suspect this.My question however is what has prompted this in recent years ? I received PR a couple of years ago and I must say I never saw a hint of this.

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Interesting and informative as always from Arkady on the subject of PR.Lobbying by Chambers of Commerce always seems to be less than effective in Thailand.My impression formed over many years is that government to government or Ambassadorial lobbying works better here, but sadly PR matters unlikely to figure very highly on the agenda.As to police bloody mindedness I have no doubt Arkady is right to suspect this.My question however is what has prompted this in recent years ? I received PR a couple of years ago and I must say I never saw a hint of this.

I simply think that since the 2006 coup Thailand has lacked any sense of leadership and policy direction that we started to see develop from the early 1990s onwards. I'm not making reference to any one side over another but my sense is that ad hockery has increased in the civil service since then leaving various departments to their own agendas and thought bubbles.

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Arkady, just over a year ago my work permit was extended for two years. My company is neither BOI-promoted nor large. I do have PR, maybe that helped.

I found out about the new provision for the 2-year WP in the 2008 Act early on and applied for a 2-year renewal in Bangkok in 2009. When I applied the official told me I had a good chance because I had PR but in the end I was rejected on the grounds that my company was too small and not BOI promoted. Later that year I moved to a large public company and had the oopposite reaction when I applied for a new WP. The official who received the application told me I would be rejected and shoudn't bother but, in fact, I was approved. The official said she had overlooked the fact that I was employed by a Plc to cover his loss of face. (I also forced her to reluctantly return my old WP which she had tried to keep, pointing out the provision in the 2008 Act for foreign employees to keep the old ones for their records - later I needed it to show the MoI when I applied for citizenship). I subsequently got a 2-year renewal without any hassle.

I think attitudes at the Labour Ministry might have changed, as people have reported that officials in some labour offices have suggested they apply for 2-year WPs or renewals, even if they don't work for a large or BOI promoted co or a plc. I think it is certainly worth applying for the 2-year WP, if you think you will be in the job for 2 years. When I did the application myself, it required at extra page of application form. The fee is double but you don't get charged the additional amount, if they only give you the one year.

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Interesting and informative as always from Arkady on the subject of PR.Lobbying by Chambers of Commerce always seems to be less than effective in Thailand.My impression formed over many years is that government to government or Ambassadorial lobbying works better here, but sadly PR matters unlikely to figure very highly on the agenda.As to police bloody mindedness I have no doubt Arkady is right to suspect this.My question however is what has prompted this in recent years ? I received PR a couple of years ago and I must say I never saw a hint of this.

The foreign chambers are certainly not taken seriously on their own but this time the Thai Chamber has taken up the case via a joint committee of all the Thai and foreign chambers which has more clout. The current chairman of the Thai Chamber is very proactive on foreign investment which he believes needs to be promoted for the benefit of the entire economy. Many of the members are less enlightened, particularly the upcountry SMEs and a certain agribusiness/retail/telecoms conglomerate.

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Arkady, just over a year ago my work permit was extended for two years. My company is neither BOI-promoted nor large. I do have PR, maybe that helped.

I found out about the new provision for the 2-year WP in the 2008 Act early on and applied for a 2-year renewal in Bangkok in 2009. When I applied the official told me I had a good chance because I had PR but in the end I was rejected on the grounds that my company was too small and not BOI promoted. Later that year I moved to a large public company and had the oopposite reaction when I applied for a new WP. The official who received the application told me I would be rejected and shoudn't bother but, in fact, I was approved. The official said she had overlooked the fact that I was employed by a Plc to cover his loss of face. (I also forced her to reluctantly return my old WP which she had tried to keep, pointing out the provision in the 2008 Act for foreign employees to keep the old ones for their records - later I needed it to show the MoI when I applied for citizenship). I subsequently got a 2-year renewal without any hassle.

I think attitudes at the Labour Ministry might have changed, as people have reported that officials in some labour offices have suggested they apply for 2-year WPs or renewals, even if they don't work for a large or BOI promoted co or a plc. I think it is certainly worth applying for the 2-year WP, if you think you will be in the job for 2 years. When I did the application myself, it required at extra page of application form. The fee is double but you don't get charged the additional amount, if they only give you the one year.

I am not sure if I am posting in wrong thread but would share experience about WP. I am having my own business for last 10 years which was BOI promoted in past and I got 2 year WP all the times. I got PR in 2012 and got WP for 2 years even though my company was no longer a BOI promoted company. It probably was mainly my staff knowing the Local Labour Department (North East) well and we having a very good track record and proper documentations throughout. Obviously it couldn't have happened without 2 year WP act which Arkady has mentioned.

Few days ago when we applied for renewal this time we were told this time WP will be renewed only for 1 year. As per local staff the reason is Instructions from New Boss in Office. He wants everyone to perform and will allow only 1 year extension/s. Well I fail to understand how does it relate to the performance and of whom? So I wonder there are still grey areas in ACT of 2 year WP which gives discretion to the Department heads?

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Arkady, just over a year ago my work permit was extended for two years. My company is neither BOI-promoted nor large. I do have PR, maybe that helped.

I found out about the new provision for the 2-year WP in the 2008 Act early on and applied for a 2-year renewal in Bangkok in 2009. When I applied the official told me I had a good chance because I had PR but in the end I was rejected on the grounds that my company was too small and not BOI promoted. Later that year I moved to a large public company and had the oopposite reaction when I applied for a new WP. The official who received the application told me I would be rejected and shoudn't bother but, in fact, I was approved. The official said she had overlooked the fact that I was employed by a Plc to cover his loss of face. (I also forced her to reluctantly return my old WP which she had tried to keep, pointing out the provision in the 2008 Act for foreign employees to keep the old ones for their records - later I needed it to show the MoI when I applied for citizenship). I subsequently got a 2-year renewal without any hassle.

I think attitudes at the Labour Ministry might have changed, as people have reported that officials in some labour offices have suggested they apply for 2-year WPs or renewals, even if they don't work for a large or BOI promoted co or a plc. I think it is certainly worth applying for the 2-year WP, if you think you will be in the job for 2 years. When I did the application myself, it required at extra page of application form. The fee is double but you don't get charged the additional amount, if they only give you the one year.

I am not sure if I am posting in wrong thread but would share experience about WP. I am having my own business for last 10 years which was BOI promoted in past and I got 2 year WP all the times. I got PR in 2012 and got WP for 2 years even though my company was no longer a BOI promoted company. It probably was mainly my staff knowing the Local Labour Department (North East) well and we having a very good track record and proper documentations throughout. Obviously it couldn't have happened without 2 year WP act which Arkady has mentioned.

Few days ago when we applied for renewal this time we were told this time WP will be renewed only for 1 year. As per local staff the reason is Instructions from New Boss in Office. He wants everyone to perform and will allow only 1 year extension/s. Well I fail to understand how does it relate to the performance and of whom? So I wonder there are still grey areas in ACT of 2 year WP which gives discretion to the Department heads?

Amazing Thailand, indeed.

My first WP renewal after I got PR in 2012 was for 2 years, no questions asked even though I work for a small non-BOI company. I wonder what will happen when it is due for renewal next time, luckily not until early next year. In Bangkok, forgot to add.

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What seems quite clear is that having PR no longer carries significant weight in the eyes of Labour Ministry officials issuing WPs, who have great discretion in how they choose to interpret the law. At least you can avoid dealing with Immigration which is much nastier on NON-B renewals than the MoL is on WPs.

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Immigration has announced it is opening for PR applications under the 2014 quotas from 14-30 January http://bangkok.immigration.go.th/base.php?page=residence.

The necessary cabinet resolution setting the quota at 100 per nationality and 50 stateless persons was signed on 29 Dec and published in the Royal Gazette on 6 Jan. So it turns out that they were just too busy to get it done before the end of the year. Turns out to be better for applicants than rushing to get it done before going away for holidays.

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There is also a notice on the website about it in Thai only. It is a couple of pages long.

I guess better late than never. Perhaps they rushed it through after catching flak for not doing it before.

It is now in English too http://bangkok.immigration.go.th/en/base.php?page=residence.

I think it is was planned all along but the cabinet secretariat had a lot of more urgent stuff on its plate after the hiatus with no sitting government from Dec 2013 to Sep 2014. So it just got delayed by a month.

I hope those who prepared documents to apply in December have not shredded them out of frustration.

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  • 2 weeks later...

I am planning on applying for PR in the next application process this year and would appreciate feedback on the value add of using a lawyer to help me put the application and portfolio together.

Background:, I have worked and paid taxes for almost 3 years in Bangkok, living with my Thai same sex partner of 11 years (we got legally married in Spain in 2008, i know its not recognized here) and meet the salary requirements for PR. Working on language requirements but can defend myself on familiar topics

A couple of questions:

1. How much do they usually charge for this? Can anyone recommend a good and decent priced lawyer? I am looking for someone who advises on how to present the application best and I also need help to get all documents translated, certified, etc

2. Does anyone have experience with how the PR evaluation team deals with same long-term same sex couples, does it make a difference or are they treated as "single"?

Appreciate your advice

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All a lawyer will do charge you getting the documents that you really have to provide yourself for the application. They won't be able to conjuor them up out of thin air. There are very few good lawyers in this area so in my opinion you are paying a lot for little value add, if any.

If you have a good EA and time is scarce for you, use the EA.

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I am planning on applying for PR in the next application process this year and would appreciate feedback on the value add of using a lawyer to help me put the application and portfolio together.

Background:, I have worked and paid taxes for almost 3 years in Bangkok, living with my Thai same sex partner of 11 years (we got legally married in Spain in 2008, i know its not recognized here) and meet the salary requirements for PR. Working on language requirements but can defend myself on familiar topics

A couple of questions:

1. How much do they usually charge for this? Can anyone recommend a good and decent priced lawyer? I am looking for someone who advises on how to present the application best and I also need help to get all documents translated, certified, etc

2. Does anyone have experience with how the PR evaluation team deals with same long-term same sex couples, does it make a difference or are they treated as "single"?

Appreciate your advice

As said a lawyer can only help with getting the paperwork together.

I assume you mean applying in December of this year when they normally accept applications.

You will need 3 years of tax payments so not sure you would be able to do it then.

1. The application fee is 7,600 baht. Once PR is granted the fee is 191,400 baht.

2. I cannot answer you question but it would not be taken into consideration when applying since your marriage is not registered here.

You can find info on the documents required here. http://www.immigration.go.th/nov2004/en/base.php?page=residence

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Since you cannot apply on social grounds (i.e. married), you can only apply on business grounds. Legally, it is therefore irrelevant whether you are married or not.

On the other hand, it shows your commitment to Thailand, at least the stable relationship can be recognized. I don't know anybody who included this in their application (my same-sex partner and I only got married long after I received the PR), so I'd be interested to know whether you'll mention it in your application and what the outcome will be.

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Since you cannot apply on social grounds (i.e. married), you can only apply on business grounds. Legally, it is therefore irrelevant whether you are married or not.

On the other hand, it shows your commitment to Thailand, at least the stable relationship can be recognized. I don't know anybody who included this in their application (my same-sex partner and I only got married long after I received the PR), so I'd be interested to know whether you'll mention it in your application and what the outcome will be.

Bear in mind that, although Thailand has never barred anyone from jobs like army chief or PM for being gay, none of those people have come out of the closet. I would advise similar discretion to applicants for PR. Unless you just want to make a futile statement to the Immigration Bureau at the risk of having your application trashed on grounds of 'unsuitability', it would be safer to play the game. You will definitely be asked at the interview why you are not married and whether you don't like Thai girls. The diplomatic way around this is just to say you do but haven't yet found the right one and even joke as to whether the committee can recommend some one for you. If you want to make a statement, it would be more effective to do it through proper media.

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All a lawyer will do charge you getting the documents that you really have to provide yourself for the application. They won't be able to conjuor them up out of thin air. There are very few good lawyers in this area so in my opinion you are paying a lot for little value add, if any.

If you have a good EA and time is scarce for you, use the EA.

I agree good immigration lawyers are thin on the ground.I also agree an EA can do most of the donkey work.I also agree it is perfectly possible to dispense with both, and do the assembly of documents oneself/process through Immigration.It largely depends on how much time one has on one's hands, one's boredom threshold and one's ability to shoulder costs.My experience was that the best combination (for an admittedly idle person) is an EA working in tandem with a lawyer, ideally persuading one's employer to cough up for the latter.There are some however who positively enjoy the challenge (or numbing boredom) of the process, have lots of time at their disposal and more power to their elbow.After obtaining PR they can find new exciting challenges like following up on the elusive special ID cards for foreigners with PR - though I think the message has now generally sunk in this was always pie in the sky.

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All a lawyer will do charge you getting the documents that you really have to provide yourself for the application. They won't be able to conjuor them up out of thin air. There are very few good lawyers in this area so in my opinion you are paying a lot for little value add, if any.

If you have a good EA and time is scarce for you, use the EA.

I agree good immigration lawyers are thin on the ground.I also agree an EA can do most of the donkey work.I also agree it is perfectly possible to dispense with both, and do the assembly of documents oneself/process through Immigration.It largely depends on how much time one has on one's hands, one's boredom threshold and one's ability to shoulder costs.My experience was that the best combination (for an admittedly idle person) is an EA working in tandem with a lawyer, ideally persuading one's employer to cough up for the latter.There are some however who positively enjoy the challenge (or numbing boredom) of the process, have lots of time at their disposal and more power to their elbow.After obtaining PR they can find new exciting challenges like following up on the elusive special ID cards for foreigners with PR - though I think the message has now generally sunk in this was always pie in the sky.

What is an EA? An Expense Account?

Anything a lawyer can do is to tell you which documents you have to get. He can't go to Immigration for you to do the interview. If you insist of paying, please hire me.

And for the ID card, I was advised by the District Office that I can pick up mine on Tuesday. I believe it when I see it and will report in the appropriate thread after I have received it: http://www.thaivisa.com/forum/topic/590057-thai-non-thai-id-card-for-permanent-residents/page-5#entry8652407

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All a lawyer will do charge you getting the documents that you really have to provide yourself for the application. They won't be able to conjuor them up out of thin air. There are very few good lawyers in this area so in my opinion you are paying a lot for little value add, if any.

If you have a good EA and time is scarce for you, use the EA.

I agree good immigration lawyers are thin on the ground.I also agree an EA can do most of the donkey work.I also agree it is perfectly possible to dispense with both, and do the assembly of documents oneself/process through Immigration.It largely depends on how much time one has on one's hands, one's boredom threshold and one's ability to shoulder costs.My experience was that the best combination (for an admittedly idle person) is an EA working in tandem with a lawyer, ideally persuading one's employer to cough up for the latter.There are some however who positively enjoy the challenge (or numbing boredom) of the process, have lots of time at their disposal and more power to their elbow.After obtaining PR they can find new exciting challenges like following up on the elusive special ID cards for foreigners with PR - though I think the message has now generally sunk in this was always pie in the sky.

What is an EA? An Expense Account?

Anything a lawyer can do is to tell you which documents you have to get. He can't go to Immigration for you to do the interview. If you insist of paying, please hire me.

And for the ID card, I was advised by the District Office that I can pick up mine on Tuesday. I believe it when I see it and will report in the appropriate thread after I have received it: http://www.thaivisa.com/forum/topic/590057-thai-non-thai-id-card-for-permanent-residents/page-5#entry8652407

EA is Executive Assistant, ie personal secretary etc.

Thank you for your offer but since I already have PR I won't take you up on it.I have already made it clear a lawyer is by no means essential.Mine made it completely pain free which (since I'm an idle SOB) made sense for me.Some people enjoy the bureaucratic bit: I don't.

Good luck with your ID card.I hope you get it and can make productive use of it.Nevertheless since (1) it is quite clear (and I have this from the highest sources) that it is NOT intended for foreign PRs and (2) it is of no practical use - it doesn't seem worth pursuing.In Thailand more than most places it is necessary to understand what is the true intention as well as what is legally possible.Still best of luck anyway.

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The lawyer - or the secretary - can help follow up with the official translations, and that's it. Please tell me what else they did for you.

Your claim to have it from the "highest source" (Minister of the Interior?) is still wrong about the ID card; please don't spread false rumours on ThaiVisa. You still haven't read the documents provided in the related thread that do prove you wrong. Funny that you comment on the card without even reading the related thread.

Of course, if you don't understand the purpose of it, you don't need to apply for it. But as I said earlier, let's discuss this in the appropriate thread, not here.

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The lawyer - or the secretary - can help follow up with the official translations, and that's it. Please tell me what else they did for you.

Your claim to have it from the "highest source" (Minister of the Interior?) is still wrong about the ID card; please don't spread false rumours on ThaiVisa. You still haven't read the documents provided in the related thread that do prove you wrong. Funny that you comment on the card without even reading the related thread.

Of course, if you don't understand the purpose of it, you don't need to apply for it. But as I said earlier, let's discuss this in the appropriate thread, not here.

I have had the card for a couple of years and can say that more than anything else to do with having PR, the card has made my life easier. One of the more tedious jobs I need to do daily is signing documents and it is very helpful being able to prove my identity with a single card instead of a combination of Passport, Certificate of Residence, Alien book and Work Permit (that most don't people don't understand). Having the card with a 13 digit ID number means that everyone in Thailand instinctively understands it.

And because it is an easily carried plastic card, I always have it with me so don't need to worry about where my passport is. It is in the safe where it stays until I need to travel.

Good news that you will have your card soon. Well done!

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The lawyer - or the secretary - can help follow up with the official translations, and that's it. Please tell me what else they did for you.

Your claim to have it from the "highest source" (Minister of the Interior?) is still wrong about the ID card; please don't spread false rumours on ThaiVisa. You still haven't read the documents provided in the related thread that do prove you wrong. Funny that you comment on the card without even reading the related thread.

Of course, if you don't understand the purpose of it, you don't need to apply for it. But as I said earlier, let's discuss this in the appropriate thread, not here.

There is no need to use a lawyer or even a secretary.If you have the time and inclination of course you can do it all yourself.As someone with neither I preferred to use an experienced immigration lawyer.

Please do not accuse me of spreading false rumours or make assumptions on what I know or don't know.You are simply incorrect in believing it is policy to issue foreign PRs with identity cards.

I am well aware that there is the theoretical legal framework to issue such cards and also that some cards have been issued.But it is not the intention as I suspect you know perfectly well.

I am pleased that some who have been issued with such cards find them useful.

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All a lawyer will do charge you getting the documents that you really have to provide yourself for the application. They won't be able to conjuor them up out of thin air. There are very few good lawyers in this area so in my opinion you are paying a lot for little value add, if any.

If you have a good EA and time is scarce for you, use the EA.

I agree good immigration lawyers are thin on the ground.I also agree an EA can do most of the donkey work.I also agree it is perfectly possible to dispense with both, and do the assembly of documents oneself/process through Immigration.It largely depends on how much time one has on one's hands, one's boredom threshold and one's ability to shoulder costs.My experience was that the best combination (for an admittedly idle person) is an EA working in tandem with a lawyer, ideally persuading one's employer to cough up for the latter.There are some however who positively enjoy the challenge (or numbing boredom) of the process, have lots of time at their disposal and more power to their elbow.After obtaining PR they can find new exciting challenges like following up on the elusive special ID cards for foreigners with PR - though I think the message has now generally sunk in this was always pie in the sky.

What is an EA? An Expense Account?

Anything a lawyer can do is to tell you which documents you have to get. He can't go to Immigration for you to do the interview. If you insist of paying, please hire me.

And for the ID card, I was advised by the District Office that I can pick up mine on Tuesday. I believe it when I see it and will report in the appropriate thread after I have received it: http://www.thaivisa.com/forum/topic/590057-thai-non-thai-id-card-for-permanent-residents/page-5#entry8652407

Please update you progress on the related thread on Tuesday, will you?

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All a lawyer will do charge you getting the documents that you really have to provide yourself for the application. They won't be able to conjuor them up out of thin air. There are very few good lawyers in this area so in my opinion you are paying a lot for little value add, if any.

If you have a good EA and time is scarce for you, use the EA.

I agree good immigration lawyers are thin on the ground.I also agree an EA can do most of the donkey work.I also agree it is perfectly possible to dispense with both, and do the assembly of documents oneself/process through Immigration.It largely depends on how much time one has on one's hands, one's boredom threshold and one's ability to shoulder costs.My experience was that the best combination (for an admittedly idle person) is an EA working in tandem with a lawyer, ideally persuading one's employer to cough up for the latter.There are some however who positively enjoy the challenge (or numbing boredom) of the process, have lots of time at their disposal and more power to their elbow.After obtaining PR they can find new exciting challenges like following up on the elusive special ID cards for foreigners with PR - though I think the message has now generally sunk in this was always pie in the sky.

What is an EA? An Expense Account?

Anything a lawyer can do is to tell you which documents you have to get. He can't go to Immigration for you to do the interview. If you insist of paying, please hire me.

And for the ID card, I was advised by the District Office that I can pick up mine on Tuesday. I believe it when I see it and will report in the appropriate thread after I have received it: http://www.thaivisa.com/forum/topic/590057-thai-non-thai-id-card-for-permanent-residents/page-5#entry8652407

Please update you progress on the related thread on Tuesday, will you?

Done.

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