Camerata's Guide To The Permanent Residence Process

[howzat]

Just been to CW immigration with the form I received to day confirming that my application is starting to progress. Was told that they are now processing 3years applications from 2006 and approvals will follow within 6 months so at last we are moving forward.

[seri1]

I may lose my job in the next 3 months and have a a few questions about the consequences on my visa status and pending PR. I am in the PR queue (class of 2009). I applied on the basis of my employment. I have a work permit. Below are my questions:

1) Can I apply for an "extension of stay" if/when I lose my job? If so, when is the right time to apply: before/after my last day of employment, date when my employer cancels my work permit?

2) Am I allowed to stay in Thailand without a job and work permit, but only on the basis of the "extension of stay"?

3) As my PR is in process (application all approved, now with the "main" committee), do I automatically qualify for "extension of stay (EoS)"?

4) If EoS is not an option for me, what other options do I have to stay legally in Thailand without a job? Some important background: I am married to a Thai national and have a son who is also a Thai citizen. However, my PR application is based on my employment (not marriage to Thai). Also, my marriage has been registered now for 2 years.

Thanks!

I don't think you have anything to worry about. You can just go straight from EoS to the "under consideration for Permanent residence" stamp which is renewed every 6 months. I guess this would need to be coordinated by whoever (eg. company lawyer) currently handles your extension of stay and would presumably be handling cancellation of the same. I know someone who was in the same situation as you have described and that is what happened in his case.

THANKS! I really appreciate it. This is very reassuring since I was getting really anxious that the PR is taking so long...

[Dork]

Just been to CW immigration with the form I received to day confirming that my application is starting to progress. Was told that they are now processing 3years applications from 2006 and approvals will follow within 6 months so at last we are moving forward.

Great news! Thanks for the info.

[skyaslimit]

I believe a document I received today in Thai by registerd letter from immigration which I have to sign indicates that my residency application from 2006 is now on full steam ahead. Any one else received similar.

I have also recived that strange letter yesterday asking me to veriefy whether i still interested to have PR and if not then specify? i am also from class of 2006, similarly one of my good freind recieved the letter 2 days ago. what does that mean?

Any previous experiences?

[Khaoyaiman]

I was at CW two weeks ago and was told by one officer that they were conducting a survey to see if PR was still necessary. Another officer, one from the PR section, told me that all backlog PR applications would be cleared within this year. She mentioned something about some foreigners taking the government to court because of the delay in issuing PRs. Maybe I didn't pick this up correctly as my understanding of Thai is less than when I applied for PR 5 years ago.

[skyaslimit]

I have a question for the seniors in this forum! If and when my PR is granted (class of 2006) should I register my name in my family's Thabien Baan which is not in Bangkok or should I find a freind's Thabien Baan in Bangkok? also for the red police book if I am registered in my family's Thabien Baan can I apply the red book in BKK? which will not be my permenant address?

Any suggestions?

[NewlyMintedThai]

I have a question for the seniors in this forum! If and when my PR is granted (class of 2006) should I register my name in my family's Thabien Baan which is not in Bangkok or should I find a freind's Thabien Baan in Bangkok? also for the red police book if I am registered in my family's Thabien Baan can I apply the red book in BKK? which will not be my permenant address?

Any suggestions?

I believe you have to deal with red book matters in the precinct where your tabien baan is registered.

[Siamfan]

Received the "mysterious letter" today... will go to immigration on monday. Really seems like something is proceeding.... WOW ! Just after I got an "information" last week that the backlog is permanently frozen.... Cheers Guys! Looks like we have a big party soon!

Edited March 3, 2012 by Siamfan

[thaiowl]

I received the letter on Friday. I have to sign it and take it to Immigration within 30 days (class of 2007).

[tombkk]

I may lose my job in the next 3 months and have a a few questions about the consequences on my visa status and pending PR. I am in the PR queue (class of 2009). I applied on the basis of my employment. I have a work permit. Below are my questions:

1) Can I apply for an "extension of stay" if/when I lose my job? If so, when is the right time to apply: before/after my last day of employment, date when my employer cancels my work permit?

2) Am I allowed to stay in Thailand without a job and work permit, but only on the basis of the "extension of stay"?

3) As my PR is in process (application all approved, now with the "main" committee), do I automatically qualify for "extension of stay (EoS)"?

4) If EoS is not an option for me, what other options do I have to stay legally in Thailand without a job? Some important background: I am married to a Thai national and have a son who is also a Thai citizen. However, my PR application is based on my employment (not marriage to Thai). Also, my marriage has been registered now for 2 years.

Thanks!

I don't think you have anything to worry about. You can just go straight from EoS to the "under consideration for Permanent residence" stamp which is renewed every 6 months. I guess this would need to be coordinated by whoever (eg. company lawyer) currently handles your extension of stay and would presumably be handling cancellation of the same. I know someone who was in the same situation as you have described and that is what happened in his case.

You don't need a lawyer. When your work permit is cancelled, you have to go to the immigration and have your extension of stay cancelled. Then you go straight from the business section of the immigration section to the PR section (you need to pull a new number first), and they will stamp you an EoS for six months based on application for PR.

[jayboy]

You don't need a lawyer. When your work permit is cancelled, you have to go to the immigration and have your extension of stay cancelled. Then you go straight from the business section of the immigration section to the PR section (you need to pull a new number first), and they will stamp you an EoS for six months based on application for PR.

If this is the case it is a relatively new development.

In the early years of the last decade I investigated this precise point with a prominent Thai immigration lawyer.At that time if a work permit was cancelled during the PR application process there was the real risk the whole process would have to start from the beginning when the new permit had been issued (which for tax continuity reasons would need to be fairly promptly after the old one had expired).If however the application had been processed already in Immigration and was just waiting for Ministry of Interior approval there was unlikely to be a problem.

I am pleased that the authorities are apparently more flexible now.The previous disposition did however have a certain logic to it given that the business case for PR was predicated on a particular employment.

[tombkk]

You don't need a lawyer. When your work permit is cancelled, you have to go to the immigration and have your extension of stay cancelled. Then you go straight from the business section of the immigration section to the PR section (you need to pull a new number first), and they will stamp you an EoS for six months based on application for PR.

If this is the case it is a relatively new development.

In the early years of the last decade I investigated this precise point with a prominent Thai immigration lawyer.At that time if a work permit was cancelled during the PR application process there was the real risk the whole process would have to start from the beginning when the new permit had been issued (which for tax continuity reasons would need to be fairly promptly after the old one had expired).If however the application had been processed already in Immigration and was just waiting for Ministry of Interior approval there was unlikely to be a problem.

I am pleased that the authorities are apparently more flexible now.The previous disposition did however have a certain logic to it given that the business case for PR was predicated on a particular employment.

Once the PR application has been accepted, it means the documents are complete. I changed jobs shortly after that, went to the PR section and they said they were only interested in my situation at time of application, so it did not matter whether I lost the job or not - in fact, I had applied for the 7-day extension already and they said I should have come to them instead, they would have given me 6 months for free.

So, I am only saying what they told me many years ago at Suan Plu.

[Johnniey]

I wonder if the 95,000 baht is worth it?

I used to think that this was going to be necessary for getting Thai citizenship but recently found out it isn't.

[jayboy]

You don't need a lawyer. When your work permit is cancelled, you have to go to the immigration and have your extension of stay cancelled. Then you go straight from the business section of the immigration section to the PR section (you need to pull a new number first), and they will stamp you an EoS for six months based on application for PR.

If this is the case it is a relatively new development.

In the early years of the last decade I investigated this precise point with a prominent Thai immigration lawyer.At that time if a work permit was cancelled during the PR application process there was the real risk the whole process would have to start from the beginning when the new permit had been issued (which for tax continuity reasons would need to be fairly promptly after the old one had expired).If however the application had been processed already in Immigration and was just waiting for Ministry of Interior approval there was unlikely to be a problem.

I am pleased that the authorities are apparently more flexible now.The previous disposition did however have a certain logic to it given that the business case for PR was predicated on a particular employment.

Once the PR application has been accepted, it means the documents are complete. I changed jobs shortly after that, went to the PR section and they said they were only interested in my situation at time of application, so it did not matter whether I lost the job or not - in fact, I had applied for the 7-day extension already and they said I should have come to them instead, they would have given me 6 months for free.

So, I am only saying what they told me many years ago at Suan Plu.

Interesting since that directly contradicts what I was told.Still you had it from the horse's mouth as it were.On the other hand, given his expertise, I can't dismiss my lawyer's view so easily and I'm hazarding a guess that another official at Suan Plu might not have been so understanding of changing employer before final approval.Still my information dates back several years and I don't know the current position.To state the obvious after approval one can change one's employer as often as one wants - with work permit of course - or not indeed work at all.

The way to clarify the matter of course would be for a non involved party (because an applicant might understandably not want to draw attention to himself0 to pose the question directly to a senior Immigration official now.

[tombkk]

I wonder if the 95,000 baht is worth it?

I used to think that this was going to be necessary for getting Thai citizenship but recently found out it isn't.

I believe that quite a few people think that the payment for PR is not worth it any more, if you are married and want to apply for Thai citizenship anyway. I also believe (note: speculation) that that's why they ask whether people still want to go ahead with it. If not, it might save them some work.

[Time Traveller]

I wonder if the 95,000 baht is worth it?

I used to think that this was going to be necessary for getting Thai citizenship but recently found out it isn't.

I believe that quite a few people think that the payment for PR is not worth it any more, if you are married and want to apply for Thai citizenship anyway. I also believe (note: speculation) that that's why they ask whether people still want to go ahead with it. If not, it might save them some work.

It is worth it if you want to enjoy all of the benefits of PR. It's definitely worth it for the immigration dept. since the application fee pays the annual salary for one of their officers (or half in case of applicants with Thai family). A nice top up of their budget. On the other hand for most farang applicants realize it's not worth it, hence the small number of people applying. With annual extension of stay fee at 1,900 baht compared with the 190k (or 90k for those with Thai family), the only real thing it offers is the the right to boast for the farang who like to think themselves better than other farang. However I suspect a US Green card style PR with right to work without work permits would attract a lot more applicants.

Edited March 4, 2012 by Time Traveller

[NewlyMintedThai]

The biggest advantage is for people who eventually want to become Thai nationals, are not married, and/or are a long way from retirement age. All three applied to me.

[Dork]

I wonder if the 95,000 baht is worth it?

I used to think that this was going to be necessary for getting Thai citizenship but recently found out it isn't.

I believe that quite a few people think that the payment for PR is not worth it any more, if you are married and want to apply for Thai citizenship anyway. I also believe (note: speculation) that that's why they ask whether people still want to go ahead with it. If not, it might save them some work.

Yes I think that is probably right. Had the citizenship without PR option been possible in 2006 I wouldn't have applied for PR.

[jayboy]

On the other hand for most farang applicants realize it's not worth it, hence the small number of people applying. With annual extension of stay fee at 1,900 baht compared with the 190k (or 90k for those with Thai family), the only real thing it offers is the the right to boast for the farang who like to think themselves better than other farang. However I suspect a US Green card style PR with right to work without work permits would attract a lot more applicants.

I think you are mistaken.The relatively small number of applicants reflects the strict criteria for PR, a consequence of which is that Immigration gently discourages ineligible or dubious applicants from submitting papers.For example all retirees are ineligible: those without at least a 3 year track record of work permits (and appropriate visa) and tax payments are ineligible etc etc.Whether it is worth it depends on ones viewpoint.If one is able to easily afford the fees and if one values security of tenure, then it is worth it.I have never heard of anyone with PR looking down on those without it: my guess is that someone that petty minded wouldn't have obtained PR anyway (because most successful applicants are well educated professionals who don't feel the need "to think themselves better than other farang".)

[SAMCHAROEN]

One of the reasons why I applied for PR was so that I could obtain local bank loans for buying property.

[Dork]

Sadly for us long term PR applicants it would seem that the letter mentioned by a few members last week isn't "the" letter that we are all waiting for. According to my lawyer, due to the long delay a few applicants have dropped out and immigration is simply seeking confirmation from those in the queue as to whether they wish to keep waiting.

Not very encouraging really. On a more positive note he (my lawyer) did say that the interior ministry is making noises about starting to clear the backlog in the next month or two. Yes I know, we've all heard that several times before. Oh well......

[stbkk]

Sadly for us long term PR applicants it would seem that the letter mentioned by a few members last week isn't "the" letter that we are all waiting for. According to my lawyer, due to the long delay a few applicants have dropped out and immigration is simply seeking confirmation from those in the queue as to whether they wish to keep waiting.

Not very encouraging really. On a more positive note he (my lawyer) did say that the interior ministry is making noises about starting to clear the backlog in the next month or two. Yes I know, we've all heard that several times before. Oh well......

Indeed it isn't.

Yesterday I made the joyful trip to CW to see my long-term friends in the PR department and get my latest 6 months extension.

As I hadn't received 'the letter' yet, over tea, biscuits and small talk they very helpfully printed me out a new copy.

It is as 'Dork' says, just an 'indication of wanting to continue waiting' letter. However, the lady did say the pending applications are going to be signed 'this year'. Maybe the minister wants to save a few signatures.....

Who knows. But this is the first time in several trips they have been in the least bit positive.

The other part of the news is that you seem to have to return the completed letter in person, according to my missus' translation. Back there again tomorrow, then.

Edited March 6, 2012 by stbkk

[skyaslimit]

Hi guys,

As far as positive behaviour is concern the CW immigration department seems to be positive with me and yes I was also there to submit my 'strange letter" as well as to get my 6 months extension, the lady on duty told me that the only reason of this letter is because some of the applicants have also applied for the citizenship after they applied for PR and the ministry is not sure for those applicants that wether they are still interested to get their PRs.

[Siamfan]

So, was there on monday, all very friendly, busy posting more letters to applicants. They said, all PR will be processed now within the enxt 3 months. Now thats a statement, isnt it !!! Cheers

[tamvine]

I believe a document I received today in Thai by registerd letter from immigration which I have to sign indicates that my residency application from 2006 is now on full steam ahead. Any one else received similar.

I am from 2007 batch and have not received any such letter so far....Will it affect my status in anyway if if don't get such letter? I want the PR.

If someone knows the phone number of the department please pass on so I can call them.

[stbkk]

I believe a document I received today in Thai by registerd letter from immigration which I have to sign indicates that my residency application from 2006 is now on full steam ahead. Any one else received similar.

I am from 2007 batch and have not received any such letter so far....Will it affect my status in anyway if if don't get such letter? I want the PR.

If someone knows the phone number of the department please pass on so I can call them.

Sorry, no idea what the number is, but I would certainly follow it up. It you can get up to CW in person, you could fill it in and return it at the same time. However, there is a section on the bottom for details of wife/gf/lawyer etc. who translated it for you, so you would need to go with them, I'd guess.

You should do it pretty quickly also, as mine was dated nearly 2 weeks ago, and you only get 30 days to reply.

Good luck.

[Dork]

I haven't received this letter either and in fact if it hadn't been mentioned on this forum I would have never heard of it despite being at CW immigration doing my 6 monthly renewal 2-3 weeks ago.

Unless a registered letter demanding my attention shows up, I'm ignoring it.

[tombkk]

I haven't received this letter either and in fact if it hadn't been mentioned on this forum I would have never heard of it despite being at CW immigration doing my 6 monthly renewal 2-3 weeks ago.

Unless a registered letter demanding my attention shows up, I'm ignoring it.

Well. I haven't received the letter either. Others say that we have one month to respond, and with my experience with the Thai government, they count this from posting the letter, regardless of whether it has been received.

Ignorance may be bliss in some cases, but I wouldn't bet on it in this case...

[GabbaGabbaHey]

I haven't received this letter either and in fact if it hadn't been mentioned on this forum I would have never heard of it despite being at CW immigration doing my 6 monthly renewal 2-3 weeks ago.

Unless a registered letter demanding my attention shows up, I'm ignoring it.

Well. I haven't received the letter either. Others say that we have one month to respond, and with my experience with the Thai government, they count this from posting the letter, regardless of whether it has been received.

Ignorance may be bliss in some cases, but I wouldn't bet on it in this case...

As I know, it is 30 days from the date of reception of the letter (which anyone having the reg. number can verify from the Thailand Post Website 'track and trace' feature). In my case (class 2008 / family reason applicant / still use company WP and visa) although I have a lawyer/consultant that handled everything, the letter was sent to my office address and I just knew about it from this forum. I'd just recommend people who possibly changed the job but didn't notify the PR section to double-check with their previous company.

[tamvine]

I believe a document I received today in Thai by registerd letter from immigration which I have to sign indicates that my residency application from 2006 is now on full steam ahead. Any one else received similar.

I am from 2007 batch and have not received any such letter so far....Will it affect my status in anyway if if don't get such letter? I want the PR.

If someone knows the phone number of the department please pass on so I can call them.

Sorry, no idea what the number is, but I would certainly follow it up. It you can get up to CW in person, you could fill it in and return it at the same time. However, there is a section on the bottom for details of wife/gf/lawyer etc. who translated it for you, so you would need to go with them, I'd guess.

You should do it pretty quickly also, as mine was dated nearly 2 weeks ago, and you only get 30 days to reply.

Good luck.

Called them up today and going there next week as they are too busy this week and would't attend this week if anyone goes there. Will go there and sight the document and have peace of mind. Suggest the once who didn't get letter to go there within end march and reconfirm to them that you need PR. Seems this is not a must but can be handy for people who really need PR and CW will have one less excuse to delay it any further.