Accommodating Foreigners Coming to Thailand: Proposed Amendments to the Immigration Act
The current Immigration Act B.E. 2522 (1979) is considered outdated and in need of revision to better accommodate the needs of foreigners seeking to enter the country. The proposed draft of the Immigration Act (No…) B.E. …. (“Draft”) aims to address these concerns by streamlining procedures and reducing bureaucratic obstacles for foreigners and relevant individuals.
Proposed Amendments
1. Notification Requirements for Foreigners Staying in Thailand
The Draft proposes the elimination of certain notification requirements for foreigners staying in Thailand. Specifically, the requirement for foreigners permitted to temporary stay in Thailand, but not engaged in occupation or employment, to notify the competent officer of their residing address leaving only for foreigners wishing to extend their stay beyond 90 days to notify the competent official at the Immigration Bureau of their residence. additionally, the Chief of the National Police will be granted the authority to specify the procedure, method, and duration for this notification.
2. Residing Notification Duties
Under the Draft, the duties for notifying the address of temporary residents will shift from the owner, possessor of dwelling, or hotel manager to notify a competent official in-person at the local Immigration Bureau or local police station to be by an online mean as an option. This is to facilitate the notification process and reducing the need for in-person visits to immigration offices or local police stations.
3. Quota for Annual Residence in Thailand
The Draft includes provisions for amending the quota of foreigners eligible for annual residence in Thailand. The Cabinet will have the authority to specify the number of foreigners permitted to have annual residence in Thailand, not exceeding 100 people per country per year, and 50 people per year for stateless individuals. The determination of the number of foreigners eligible for annual residence will be made in consideration of mutual support principles and the necessity and security of the state.
4. Changes in Liabilities for Non-Compliance
The Draft also include changes to the liabilities for non-compliance with notification requirements. Rather than criminal fines, the draft introduces disciplinary fines for any foreigner, owner, or possessor of a dwelling, or hotel manager who fails to notify the competent officer.
The Draft proposed amendments to the Immigration Act B.E. 2522 (1979) was passed the process of public hearing and will need to be passing the process of consideration by the parliament before becoming into force.
The proposed amendments to the Immigration Act B.E. 2522 (1979) in Thailand seek to modernize and streamline the immigration process, while also addressing the needs and concerns of foreigners seeking to stay in the country. It is an important step towards ensuring a more efficient and transparent immigration system that aligns with the current realities and requirements of all parties involved.
Author: Panisa Suwanmatajarn, Managing Partner.
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