On 19 October 2021, The Cabinet has approved in principle of the draft Notification of the Ministry of Interior regarding the Permission of Foreigners Granted Thailand Privilege Card to Stay in Thailand for Working as a Special Case (“Draft Notification”) and the draft Rules and Conditions for Allowing Foreigners Received Thailand Privilege Card to stay in Thailand for Working as a Special Case (“Draft Rules and Conditions”) as proposed by the Ministry of Tourism and Sports and considers this matter as an urgent matter.

The main points of the 2 drafts are as follows:

• Draft Notification
  1. The aliens who receive Thailand Privilege Card under the conditions as specified in  the Ministry of Interior’s Notification regarding permission of certain classes of aliens to stay in Thailand as a special case dated 22 February 2013 and have minimum investment of USD 1,000,000 per year, in a specified business, including their spouses and their under-20-year-old children, can request to change the type of visa to Non-Immigrant Visa for a term of 5 years throughout the investment period in the Flexible Plus Program.
  2. The aliens whom their types of visa have been changed as mentioned above, can apply for a work permit under the law on foreigners working management.
  3. The termination of the permission of aliens and their dependents to stay in Thailand according to this Draft Notification is under one of the following cases:
     • The minimum investment, in a specified business, does not reach USD 1,000,000 within one year from the date of entering into the program;
     • The work permit has been terminated under the law on foreigners working management; or
     • Such aliens have presumably into believing that their behavior that is danger to society, have been issued a warrant of arrest by a foreign government, being deported by the Thai government or foreign governments, or being revoked the right to stay in Thailand.

• Draft Rules and Conditions
  1. Aliens must be a special member holding Thailand Privilege Card:
     • For the remaining members, Thailand Privilege Card must be validity at least 5 years; or
     • For the new members, they must apply for Thailand Privilege Card with a minimum card value of 1 million Baht and the validity of the card is for more than 10 years.
  2. An alien must receive a special Privilege Entry Visa (PE).
  3. An alien must invest in Thailand within 1 year from the date of requesting to join the Flexible Plus Program or from the date of approval to be a special member with a total investment value not less than USD 1,000,000 which consists of 3 types:
     • Investment in real estate according to the rights of foreigners;
     • Investment in a limited company or a public limited company; or
     • Investment in stock exchanges such as ordinary shares, debentures, or investment units which has been approved by the Securities and Exchange Commission.
  4. An alien must have all qualifications under the law on foreigners working management.