For all the people waiting to get their permanent residency....

[ThaiLawOnline]

I don't know how many people are waiting to get their permanent residency signed and approved, but here's some news.

1. According to Immigration (Bangkok and Nakhon Ratchasima) they don't know who can sign for the permanent residency at this time.

2. We asked them information related to one case. They told us it was approved but waiting for the signature.

3. There is a precedent in Court with a filipino lady that was waiting for her citizenship. A Court forced the government to study her case. In other words, we used our APPROVAL letter from immigration and we went to Court (a special Court) to force the actual government to sign the approval for that case. The Court accepted our case and we are waiting for a trial. It should be probably in 2 months. But we are almost sure to win because of that precedent.

As soon as we get a decision, we will publish it here. But until then, the people waiting for 1 year, 2 years, 3 years or maybe more, you should try to write politely to immigration in Bangkok, in order to verify what is done with your case. And if they write to you that you passed and just need a signature, you could do the same as us and forced the current government, through the Court (and even if it is a military government, we believe it will work) to give you the permanent residency.

Again, first ask immigration (I hope not hundreds of people will do it this week) and if you got a positive answer, I will publish the references and precedent as soon as our case is completed.

There was about 260 application for permanent residency in December 2012. I doubt how many have been approved and signed? Anyone? We got an approval but not signed yet.

[ukrules]

I would like to see some reciprocity by other countries when it comes to matters like this.

[jcisco]

I don't know how many people are waiting to get their permanent residency signed and approved, but here's some news.

1. According to Immigration (Bangkok and Nakhon Ratchasima) they don't know who can sign for the permanent residency at this time.

2. We asked them information related to one case. They told us it was approved but waiting for the signature.

3. There is a precedent in Court with a filipino lady that was waiting for her citizenship. A Court forced the government to study her case. In other words, we used our APPROVAL letter from immigration and we went to Court (a special Court) to force the actual government to sign the approval for that case. The Court accepted our case and we are waiting for a trial. It should be probably in 2 months. But we are almost sure to win because of that precedent.

As soon as we get a decision, we will publish it here. But until then, the people waiting for 1 year, 2 years, 3 years or maybe more, you should try to write politely to immigration in Bangkok, in order to verify what is done with your case. And if they write to you that you passed and just need a signature, you could do the same as us and forced the current government, through the Court (and even if it is a military government, we believe it will work) to give you the permanent residency.

Again, first ask immigration (I hope not hundreds of people will do it this week) and if you got a positive answer, I will publish the references and precedent as soon as our case is completed.

There was about 260 application for permanent residency in December 2012. I doubt how many have been approved and signed? Anyone? We got an approval but not signed yet.

thailands judicial system is not precedent based. Despite what anyone may tell you, they neither fear setting them or setting them aside here

[robertthebruce]

Just imagine if the UK had done something like this....

Say no more eh...

[Sawan Chan 7]

Does rhe same apply to those waiting on citizenship?

[ubonjoe]

Back in 2012 they worked to clear the backlog for applications made as far back as 2006. But they still didn't get all of the them cleared. I have seen posts by members that applied as far back as 2007 that are still awaiting approval.

Do let us know how it goes but I suspect it will not go far. I suspect the current government will just ignore a court order.

[samran]

The minister has authority to sign.

I don't understand why point 1 is even an issue.

[ThaiLawOnline]

jcisco: Thank you. I have a background of Civil Law in a mixed law province (Quebec, Canada) just as Thailand has a mixed law system.

I work with Thai attorneys for 8 years and I am the managing director of Isaan Lawyers. I have "some" experience with Thai Courts!

We based our arguments on the following case (This is a summary translated in English).

Our case was accepted by the Court but is under process...

=======================================================================

Central Administrative Court Red Case No. 1295/2545

Mrs. Maria Vilma E. Auttarapong (Plaintiff)

Minister of Interior (Defendant)

Summary of facts

The Plaintiff is a natural-born Filipino married to a Thai man. She submitted a request to the Phrae Provincial Police in order to acquire Thai nationality based on the Thai citizenship of her husband. An official of the Ministry of Interior submitted a request to grant Thai naturalization to the Defendant for consideration but the Plaintiff was not notified. The Plaintiff, being an alien, therefore had to bear the burden of expenses incurred for the renewal of passport and work permit every year. As a result, the Plaintiff filed a case with the Central Administrative Court.

Execution Decree

The Central Administrative Court judged that the Defendant must consider the request submitted by the Plaintiff within 30 days as from the day of the issuance of judgment and then notify the latter of the result of the consideration.

Summary of Case Proceeding

The Bureau of Administrative Case Execution conducted the execution of the decree compelling the Defendant to discharge such function in conjunction with the Court’s decree. The Defendant reported that the granting of citizenship was under his discretion and that the requester’s circumstances were being examined carefully and thoroughly. As this indicated that the Defendant was not going to perform the function in the Court decree, the Bureau of Administrative Case Execution notified the Central Administrative Court. The Court then fixed a date for a facts inquiry in order to determine whether the Defendant intended to discharge such function in conjunction with the judgment. On the day of the facts inquiry, the Defendant granted authority to another official to be present before the Court on his behalf. The Court was of the opinion that the Defendant granting authority to another official was unreasonable. The Court issued a summons requesting the Defendant to explain the reasons why he was not present before the Court and how he expected to proceed with the judgment. The Defendant later served a notice indicating that he did not intend to avoid discharging such function in conjunction with the Court’s decree but that the granting of citizenship in this case was under his consideration and, when completed, he would report to the Court. The Defendant thereafter notified the Court that the Plaintiff’s request for Thai nationality had been approved and the Plaintiff would be notified of that fact. Considering that the Defendant discharged such function in conjunction with the Court’s decree, the Bureau of Administrative Case Execution subsequently made a report to the Central Administrative Court and stayed the execution of the decree.

===============================================

You must make a petition to the administrative Court of your area, it cost 20 baht.

Must be done in Thai with relevant information.

I still don't have the results and the decision but I am quite confident.

[SoFarAndNear]

You really sued the thai government? I wouldnt be surprised if this turned out to be even worse then before...

[ubonjoe]

You really sued the thai government? I wouldnt be surprised if this turned out to be even worse then before...

Why?

[ThaiLawOnline]

Just to update you:

Our permanent residency is now ready, less than 3 months after giving the documents in Court.

Less than 1 month after we modified our petition to add the ministry of interior following the advice of the administrative Court.

In other words, they knew we would won and now, because it is ready, this case will be dismissed.

It costs us 20 baht to make this petition. We were waiting for more than a year.

This is Thailand: They told us it was accepted. They do not want to lose the face in Court. They just agree to sign it.

And by the way, it was MY personal permanent case.

So if people want to do the same, we can help them out.

I won't do any other visas for all my life. And in 5 years, I will apply for Thai citizenship. I will write to you then about that.

[ThaiLawOnline]

Court case we based ourselves on.

Forms from the administrative Court are here: http://www.admincourt.go.th/00_web/08_service/08_download.htm

20 baht to apply.

[paz]

Just to update you:

Congratulations. Nice to hear someone went for his rights and got them.

[ubonjoe]

Great news. Thanks for letting us know.

How long had you been waiting?

There are still people that applied in 2007 waiting for an answer..

[ukrules]

Just to update you:

Our permanent residency is now ready, less than 3 months after giving the documents in Court.

Less than 1 month after we modified our petition to add the ministry of interior following the advice of the administrative Court.

In other words, they knew we would won and now, because it is ready, this case will be dismissed.

It costs us 20 baht to make this petition. We were waiting for more than a year.

This is Thailand: They told us it was accepted. They do not want to lose the face in Court. They just agree to sign it.

And by the way, it was MY personal permanent case.

So if people want to do the same, we can help them out.

I won't do any other visas for all my life. And in 5 years, I will apply for Thai citizenship. I will write to you then about that.

This is good news for you.

All you had to do was take the country to court and force them to grant you permanent residency or lose.

How welcome do you feel ?

[THAIJAMES]

Very grateful for you posting this information.

I applied in 2007. I have been patiently waiting to get approved, however 2 weeks ago, Immigration in CM would not give me a 6 months extension as previous officers had and I had to run around for 4 days until the officer in charge finally signed. So I prefer not to go through that frustration again.

I would like to also go this route, but am not sure of the negative consequences of going to court against the Interior Minister. Since he has the final say and there is no appeal process. Is it possible he might also just reject the application in order to stop further applicants from going this route? Since rejection is also a resolution. What are your thoughts?

[NickJ]

I paid 24.000 b in 1995.......

[Mario2008]

Very grateful for you posting this information.

I applied in 2007. I have been patiently waiting to get approved, however 2 weeks ago, Immigration in CM would not give me a 6 months extension as previous officers had and I had to run around for 4 days until the officer in charge finally signed. So I prefer not to go through that frustration again.

I would like to also go this route, but am not sure of the negative consequences of going to court against the Interior Minister. Since he has the final say and there is no appeal process. Is it possible he might also just reject the application in order to stop further applicants from going this route? Since rejection is also a resolution. What are your thoughts?

The administrative court is the appeal process. The administrative court is only there for about 15 years and many laws predate this. That does not mean that the administrative court can't hear cases regarding for instance permanent residency and the minister is completely free in his decisions.

[Don Mega]

The Plaintiff is a natural-born Filipino married to a Thai man. She submitted a request to the Phrae Provincial Police in order to acquire Thai nationality based on the Thai citizenship of her husband.

Just to update you:

Our permanent residency is now ready

What is being applied for ?

permanent residency or Thai Citizenship ?

Or are they same same if applicant is female ?

[samran]

Scanned the first attachment quickly, seems to be about a philppines woman named Wilma applying it Thai citixenship via her husband....

[MacWalen]

These things can take long time unfortunately. I was waiting 7 years for my PR.

[THAIJAMES]

Isaanlawyers any chance you can post a redacted sample letter to immigration asking for confirmation of status? Also your court case number so that I can use that as reference when approaching the administrative court.

Thank you in advance.

[dbrenn]

Back in 2012 they worked to clear the backlog for applications made as far back as 2006. But they still didn't get all of the them cleared. I have seen posts by members that applied as far back as 2007 that are still awaiting approval.

Do let us know how it goes but I suspect it will not go far. I suspect the current government will just ignore a court order.

People applied in 2007 and still didn't get it. Good Lord! Considering the onerous application process, that's a disgrace.

[ThaiLawOnline]

This is what I did from A to Z:

http://isaan.com/how-i-got-my-permanent-residency-in-thailand/

Now, I can tell you that immigration was REALLY scared about our Court case. I am willing to help anyone who is waiting for their case to be processed.

Yes, the case I published above is a Filipino about citizenship. Mine is about permanent residency.

The administrative Court has power over Thai entities. It was the first time we used the administrative Court for ANY case in our office. It worked. They just changed few rules about permanent residency because of the current government. More signatures are needed now.

If people have a problem, send me an email at "[email protected]".

I applied in December 2012 and got it officially yesterday. But they confirmed on 30th of March.