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Foerste artikle indikerer at paedofile ikke er smarte nok til at have en universitetsuddannelse.... Det tror jeg ikke haenger sammen. Skaal!

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Ben, der står der ingen steder. Der står blot, at der er mange uønskede engelsk lærere, her i blandt grumt underkvalifiserede mennesker, OG pædofile (Pædofile kan også være underuddannede). Ingen af dem er ønskelige som lærere.

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Order of the Royal Thai Police Headquarters
No. 606/2549

Re: Rules and Conditions in the Consideration of Alien Applications
for Temporary Stay in the Kingdom of Thailand

In considering the granting of permission to aliens to stay in the Kingdom of Thailand on a
temporary basis under Section 35 of the Immigration Act B.E. 2522 that is in accordance with the
policy and in the country's best interests under the present circumstances; and
By virtue of Section 35 of the Immigration Act B.E. 2522 and Section 11(4) of the Royal
Thai Police Act B.E. 2547, the following rules and conditions are hereby prescribed as guidelines
for the Immigration Bureau to follow in granting aliens permission to stay in the Kingdom of
Thailand on a temporary basis.
1. The following orders are hereby repealed:
1.1. Order of the Immigration Bureau No. 131/2538 dated July 13, B.E. 2538 re: Rules
and regulations in considering the granting of a permit to an alien with a courtesy
visa to reside in the Kingdom of Thailand.
1.2. Order of the Immigration Bureau No. 224/2541 dated November 11, B.E. 2541 re:
Reducing the steps in granting an alien an extension of stay.
1.3. Order of the Immigration Bureau No. 37/2542 dated March 15, B.E. 2542 re:
Prescription of additional duties and reduction of steps in granting an extension of
stay in the case of an alien who was originally a Thai national or a child of a Thai
national.
1.4. Order of the Immigration Bureau No. 110/2546 dated June 11, B.E. 2546 re:
Rules and conditions in considering the granting of a permit to an alien for
extension of temporary stay in the Kingdom of Thailand.
This Order shall supersede all other rules, regulations and orders that are contrary to or
contradict this Order.
2. In this Order:
2.1. “Application” means a request for temporary stay in the Kingdom of Thailand.
2.2. “Competent Official” means an officer under the Immigration Act B.E. 2522
attached to the Immigration Bureau.
2.3. “Authorized Representative” means an officer authorized by the Commissioner-
General of the Royal Thai Police Headquarters to issue a permit to an alien for
temporary stay in the Kingdom of Thailand under Section 35 of the Immigration
Act B.E. 2522.
Chapter 1
Filing the Application
An alien may file an application only if he/she is a holder of a genuine and valid passport or
equivalent document recognized by the Thai authorities, provided that the length of stay on the visa
stamp or the permitted length of stay in Thailand while awaiting a decision on the application so
filed does not exceed the validity term of the said passport or equivalent document used in lieu of
passport.
A person eligible for filing an application shall enter Thailand at any one of the immigration
checkpoints or ports, stations, or localities designated by the Minister and be duly checked by the
competent official.
- 2 -
If an alien is allowed to stay temporarily in Thailand after the permitted length of temporary
stay has expired while awaiting a decision on his/her pending application, the competent official
may grant the alien temporary stay several times if necessary under the circumstances, but the total
number shall not exceed 30 days counting from the day after the expiration date.
If the application is not approved, the competent official shall inform the applicant of the
reasons for the denial. The applicant may then re-submit his/her application for another review,
citing the reasons for the re-submission in a letter to a competent official holding the rank of police
inspector and higher, or deputy police inspector in charge at an immigration checkpoint. This is for
the purpose of obtaining a decision in writing on the application. In this case, the applicant may
attach all supporting documents to the application for submission at the same time.
The review applied for in the preceding paragraph and the decision on such application shall
be carried out within the time limit prescribed by Clause 8. The decision so made shall be final.
Chapter 2
Granting of Permission to Stay
7. The basis for consideration of temporary stay and the documents required shall be as
follows:
Cases Basis for Consideration Documents Required
7.1 In the case of
business such as
employment with a
company or partnership,
etc.:
Permission will be
granted for a period of
not more than 1 year at
a time.
(1) The alien must have a
temporary visa (NON-IM); and
(2) The alien must have an income
consistent with that set out in
the Income Table attached
hereto; and
(3) The business concerned must
have a registered capital of not
less than Baht 2 million, fully
paid-up; and
(4) The business concerned must
have duly submitted its audited
balance sheet as at the end of
the latest fiscal year, showing a
sound financial condition with
total shareholders’ equity of not
less than Baht 1 million; and
(5) The business concerned must
have duly submitted its audited
income statement showing the
results of its business operation
in the past year ending the same
date as the balance sheet. The
total earnings shown therein
shall not be less than the total
amount expected to be paid for
salaries, wages and all other
benefits due to all the aliens
required to file the applications
who are employed by the
business concerned for the
following fiscal year; and
(6) The business concerned has a
1. Application form
2. Copy of the applicant's passport
3. Certificate of employment in the
form prescribed by the
Immigration Bureau
4. Copy of work permit
5. Proof of corporate formation,
e.g., certificate of incorporation
of company or partnership
certified by the Registrar within
the previous 6 months
6. Copy of list of shareholders
certified by the Registrar within
the previous 6 months
7. Copy of the latest balance sheet
and income statement
8. Copy of the latest monthly
withholding tax return showing
the names of employees and the
alien applicant, together with
receipt
9. Copy of the latest income tax
return of the alien applicant with
receipt (if any)
10. Copy of the latest monthly
social security contributions
return filed with the Social
Security Office (Form SAW
PAW SAW 1-10)
11. Proof of the need of the business
to employ the alien, e.g., no
Thai candidate has applied after
advertising a position
- 3 -
need to employ the alien; and
(7) The business concerned must
have a ratio of 1 alien to 4 Thai
permanent employees; and
(8) The following businesses are
exempted from the
requirements of clauses (3), (4),
(5) and (6), and the ratio of
aliens to Thai employees under
clause (7) shall be reduced to
1:1.
(a) International trade
enterprise (Representative
Office)
( b ) Regional Office
(c) Multinational company
(Branch Office)
12. Map showing the location of the
business
13. Any other proof required by the
(a) Performance Follow-up
Committee
( b ) attached to the Immigration
Bureau
14. The businesses set out in clause
(8) are not required to show the
documents set out in clauses 6,
7 and 11.
7.2 In the case of
working for a
government agency,
public organization,
state enterprise, or
business organization
whose capital is more
than 50%owned by the
state and/or government
agency and/or state
enterprise, or for an
independent
organization established
by a specific Act:
Permission will be
granted for a period of
not more than 1 year at
a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation has been given by
and request has been made by
the particular organization or
establishment.
1. Application form
2. Copy of the applicant's passport
3. Copy of work permit
4. Confirmation letter and request
from a government agency in
the level of department, public
organization, state enterprise, or
business organization whose
capital is more than 50%-owned
by the state and/or government
agency and/or state enterprise or
from an independent
organization established by a
specific Act
5. For a business organization
whose capital is more than 50%-
owned by the state and/or
government agency and/or state
enterprise, a copy of list of
shareholders is required.
7.3 In the case of tourists:
Permission will be
granted for a period of
not more than 30 days
at a time but not
exceeding 90 days in
total, counting from the
entry date.
(1) The alien has obtained a tourist
visa; and
(2) The alien must not be of the
nationality or type restricted by
the Performance Follow-up
Committee attached to the
Immigration Bureau.
1. Application form
2. Copy of the applicant's passport
- 4 -
7.4 In the case of an
investment of not less
than Baht 3 Million:
Permission will be
granted for a period of
not more than 1 year at
a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) The alien entered Thailand
before this Order came into
force and has been
continuously allowed to remain
in the Kingdom in connection
with an investment of not less
than Baht 3 Million; and
(3) Proof of money transfer to
Thailand of not less than Baht 3
Million; and
(4) Proof of investment to purchase
a condominium from
organization or government
agency concerned at a price of
not less than Baht 3 Million; or
(5) Proof of investment in the form
of fixed deposit of not less than
Baht 3 Million with a bank
registered in Thailand with
Thai shareholders comprising
more than 50% of its
shareholders; or
(6) Proof of investment to purchase
government or state enterprise
bonds with a value of not less
than Baht 3 Million; or
(7) Proof of combined investments
as set out in clauses (4), (5) or
(6) having a total value of not
less than Baht 3 Million.
1. Application form
2. Copy of the applicant's passport
3. Copy of proof of overseas bank
transfer issued by a bank
4. Copies of the condominium
purchase agreement and the
condominium ownership
registration issued by the
authority or government agency
concerned (only in the case of
condominium purchase); or
5. Letter of confirmation of deposit
issued by a bank and copy of
bank book (only in the case of
bank account deposit); or
6. Copy of bond (only in the case
of purchase of government or
state enterprise bonds)
7.5 In the case of a teacher,
professor or expert
working at a stateowned
educational
institution: Permission
will be granted for a
period of not more than
1 year at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the particular
educational institution.
1. Application form
2. Copy of the applicant's passport
3. Copy of work permit
4. Confirmation letter and request
has been made by that
educational institution giving
the details of position, salary,
and the employment term.
- 5 -
7.6 In the case of a teacher,
professor or expert
working at a private
educational institution:
Permission will be
granted for a period of
not more than 1 year at
a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) The particular educational
institution holds a license from
the competent authority to
operate; and (3) Confirmation
and request has been made by
the particular educational
institution.
1. Application form
2. Copy of the applicant's passport
3. Copy of work permit
4. Copy of the license to establish
an educational institution issued
by the competent authority
5. Confirmation letter and request
has been made by that
educational institution giving
the details of position, salary,
and the employment term.
6. Only in the case of a teacher in a
private school, copies of the
teacher’s license and the permit
to place the teacher shall be
submitted.
7.7 In the case of
enrollment in a stateowned
educational
institution:
Permission will be
granted for a period as
confirmed by the
institution but shall not
be more than 1 year at
a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the particular
educational institution.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter and request
has been made by that
educational institution giving in
detail the number of years of
study, the level/degree of
education, and the academic
performance of the applicant.
7.8 In the case of
enrollment in a private
educational institution:
Permission will be
granted for a period as
confirmed by the
institution but shall not
be more than 1 year at
a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) The particular educational
institution holds a license from
the competent authority to
operate; and
(3) Confirmation and request has
been made by that particular
institution; and
(4) That particular institution is
accredited by the competent
authority (except in the case of
enrollment in an international
school or university)
1. Application form
2. Copy of the applicant's passport
3. Copy of the license to establish
an educational institution issued
by the competent authority
4. Confirmation letter and request
has been made by that
educational institution, giving in
detail the number of years of
study, the level/degree of
education, and the academic
performance of the applicant.
5. Certificate issued by a
government agency at the level
of department or equivalent or
by Provincial Governor in
charge of that particular
institution (except in the case of
enrollment in an international
school or university)
- 6 -
7.9 In the case of a teacher
apprentice or
researcher at a
university or research
institution: Permission
will be granted for a
period of not more than
1 year at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the dean of that
university or the head of that
research institution.
(3) In the case of a teacher
apprentice or researcher at a
private university or research
institution, confirmation and
request must be made by the
government agency concerned.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter and request
has been made by the dean of
that university or the head of
that research institution.
4. Only in the case set out in clause
(3), confirmation letter and
request must be made by the
government agency concerned.
7.10 In the case of a family
member of an alien
who has been
permitted to stay
temporarily in
Thailand for study in
an educational
institution as set out
in clauses 7.7 or 7.8
(applicable only to
parents, spouse,
children, adopted
child or the child of
his/her spouse):
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Proof of family relationship;
and
(3) In the case of spouse, the
marital relationship shall be de
jure (legitimate) and de facto;
or
(4) In the case of a child, adopted
child or child of his/her spouse,
the said person must not be
married, must be living with the
applicant, and must be less than
20 years of age; or
(5) In the case of parents, there
must be an account deposit with
a local bank made in the name
of father or mother of not less
than Baht 500,000 as shown in
bank account transactions for
the past 3 months.
1. Application form
2. Copy of the applicant's passport
3. Copy of passport of the alien
who has been permitted to study
in Thailand.
4. Proof of family relationship,
e.g., marriage certificate, birth
certificate, registration of
legitimate child, household
registration certificate, proof of
child adoption, or any other
evidence issued by the
competent authority or
government agency
5. Only in the case set out in clause
(5), certificate of bank account
deposit from a local bank in
Thailand and copy of bank book
shall be submitted.
7.11 In the case of mass
media function:
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the Public
Relations Department or the
Information Department
attached to the Ministry of
Foreign Affairs.
1. Application form
2. Copy of the applicant's passport
3. Copy of work permit
4. Confirmation letter and request
made by the Public Relations
Department or by the
Information Department
attached to the Ministry of
Foreign Affairs
- 7 -
7.12 In the case of study of
Buddhism or religious
function: Permission
will be granted for a
period of not more
than 1 year at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation has been issued
by the National Buddhism
Office or the Prime Minister’s
Office or the
Mahachulalongkorn University;
and
(3) Confirmation has been issued
by the abbot of the temple
where the applicant is studying
or performing the religious
function.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter issued by the
National Buddhism Office or
the Prime Minister’s Office or
the Mahachulalongkorn
University
4. Confirmation letter issued by the
abbot of the temple where the
applicant is studying or
performing the religious
function
7.13 In the case of a
missionary:
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation has been given by
the Religious Affairs
Department or by the National
Buddhism Office; and
(3) Confirmation and request has
been made by the religious
organization at which the
applicant is stationed.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter issued by the
Religious Affairs Department or
the National Buddhism Office
4. Confirmation letter and request
made by the religious
organization at which the
applicant is stationed
7.14 In the case of a skilled
worker or expert in
medicine, nursing or
other professional for
transfer of technology
and knowledge to
Thais: Permission
will be granted for a
period of not more
than 90 days at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the organization
or agency concerned.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter and request
issued by the organization or
agency concerned
7.15 In the case of
installation or repair
of machines, aircraft
or ocean vessels:
Permission will be
granted for a period of
not more than 90 days
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the organization
or agency concerned.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter and request
issued by the organization or
agency concerned
- 8 -
7.16 In the case of a
performer in a show,
entertainer, vocalist or
musician performing
at a hotel or engaged
by a company in
Thailand in the
entertainment
business with a
registered capital of
not less than Baht 20
Million, fully paid-up:
Permission will be
granted for a period of
not more than 120
days at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation of employment
given by a hotel or company
engaged in the entertainment
business in Thailand with a
registered capital of not less
than Baht 20 Million, fully
paid-up.
1. Application form
2. Copy of the applicant's passport
3. Copy of work permit
4. Copy of the employment
contract in respect of such
position 5. Proof of corporate
incorporation, e.g.,
directors/partnership certificate
issued by the Registrar within
the previous 6 months
6. Only in the case of a company
engaged in the entertainment
business, a copy of the list of
shareholders certified by the
Registrar within the previous 6
months shall be submitted.
7. Copy of the latest withholding
tax return showing the name of
the applicant, together with
receipt
8. Copy of the latest personal
income tax return filed by the
applicant, with receipt (if any)
7.17 In the case of a family
member of a Thai
(applicable only to
parents, spouse, child,
adopted child or child
of his/her spouse):
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Proof of family relationship;
and
(3) In the case of a spouse, the
marital relationship shall be de
jure (legitimate) and de facto;
or
(4) In the case of a child, adopted
child or child of his/her spouse,
the said person must not be
married, must be living with the
family, and must be less than
20 years of age; or
(5) In the case of a parent, the said
person must be 50 years of age
or over; or
(6) In the case of an alien married
to a Thai woman, any party or
both must have a total income
of not less than Baht 40,000 per
month, except for aliens who
entered the Kingdom before
this Order came into force and
granted a permit to stay in the
Kingdom. If the alien does not
have the minimum income
above, he shall have an account
deposit in Thailand in the name
1. Application form
2. Copy of the applicant's passport
3. Proof of family relationship,
e.g., marriage certificate, birth
certificate, registration of
legitimate child, household
registration certificate, proof of
child adoption, or any other
evidence issued by the authority
or government agency
concerned
4. Proof of Thai nationality of
spouse, parents, child or adopted
child such as identification card,
household registration
certificate or other document
issued by the authority or
government agency concerned
5. Only for clause (6), there shall
be a letter of confirmation from
a bank in Thailand and copy of
bank book or proof of income of
either party or both in the total
amount of not less than Baht
40,000 per month, such as
personal income tax return with
receipt, proof of pension, proof
of interest from bank account
deposit or proof of other income
- 9 -
of either party or both of not
less than Baht 400,000. Proof
of account deposit for the
previous 3 months is required.
from authority concerned.
7.18 In the case of a family
member of a
permanent residence
permit holder
(applicable only to
parents, spouse, child,
adopted child or child
of his/her spouse):
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Proof of family relationship;
and
(3) In the case of a spouse, the
marital relationship shall be de
jure (legitimate) and de facto;
or
(4) In the case of a child, adopted
child or child of his/her spouse,
the said person must not be
married, must be living with the
family, and must be less than
20 years of age; or
(5) In the case of a parent, the said
person must be 50 years of age
or over.
1. Application form
2. Copy of the applicant's passport
3. Proof of family relationship,
e.g., marriage certificate, birth
certificate, registration of
legitimate child, household
registration certificate, proof of
child adoption, or any other
evidence issued by the authority
or government agency
concerned
4. Copy of permanent residence
permit and alien book
7.19 In the case of a family
member of an alien
who has been
permitted temporary
stay under clauses
7.1, 7.2, 7.4, 7.5, 7.6,
7.9, 7.11, 7.12, 7.13,
7.14, 7.15, 7.16, 7.20,
7.21, 7.25 or 7.28 of
this Order (applicable
only to parents,
spouse, child, adopted
child or child of
his/her spouse):
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Proof of family relationship;
and
(3) In the case of a spouse, the
marital relationship shall be de
jure (legitimate) and de facto;
or
(4) In the case of a child, adopted
child or child of his/her spouse,
the said person must not be
married, must be living with the
family, and must be less than
20 years of age; or (5) In the
case of a parent, the said person
shall be 50 years of age or over.
1. Application form
2. Copy of the applicant's passport
3. Copy of the passport of alien
who has been granted temporary
stay
4. Proof of family relationship,
e.g., marriage certificate, birth
certificate, registration of
legitimate child, household
registration certificate, proof of
child adoption, or any other
evidence issued by the authority
or agency concerned
7.20 In the case of working
for a public charity
organization, private
foreign organization,
foundation,
association, Foreign
Chamber of
Commerce, Thailand
Board of Trade, or
Thailand Federation
of Industries:
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) Confirmation and request has
been made by the authorized
officer or head of that
organization; and/or
(3) Confirmation and request has
been made by the chief
government officer (Grade 10
or equivalent and higher) who
deals with that organization
1. Application form
2. Copy of the applicant's passport
3. Copy of work permit
4. Copy of the operation license
issued by the competent
authority 5. Confirmation letter
and request from that
organization
6. List of the alien employees
working in that organization
7. Only in the case set out in clause
- 10 -
Permission will be
granted for a period of
not more than 1 year
at a time. In the
absence of the official
confirmation set out
in clause (3),
permission will be
granted for a period of
not more than 90 days
at a time.
(3), confirmation letter and
request issued by the chief of
the government agency
concerned
7.21 In the case of a
retiree: Permission
will be granted for a
period of not more
than 1 year at a time.
(1) The alien has obtained a
temporary visa (NON-IM); and
(2) The applicant is 50 years of age
or over; and
(3) Proof of income of not less than
Baht 65,000 per month; or
(4) Account deposit with a bank in
Thailand of not less than Baht
800,000 as shown in bank
account transactions for the
past 3 months; or
(5) Annual income plus bank
account deposit totaling not less
than Baht 800,000 as of the
filing date of application
(6) For an alien who entered
Thailand before October 21,
1998 and continuously allowed
to stay in the Kingdom as a
retiree, the following shall
apply:
(a) He/she must be 60 years of
age or over and has regular
income. His/her bank
account deposit shall not be
less than Baht 200,000 a
year and evidence of the
account deposit for the
previous 3 months must be
shown; or he/she has a
monthly income of not less
than Baht 20,000.
( b ) If he/she is under 60 years
of age but not less than 55,
the alien shall have regular
income with a bank
account deposit of not less
than Baht 500,000 a year
and evidence of the
account deposit for the
previous 3 months must be
1. Application form
2. Copy of the applicant's passport
3. Proof of income, e.g., retirement
pension, interest earnings or
dividends, etc.; and/or
4. Certificate of local bank account
deposit together with copies of
bank account records
5. Only in the case set out in clause
(6), the same documentation as
stated in clauses 1-4 above shall
be required.
- 11 -
shown, or he/she has a
monthly income of not less
than Baht 50,000.
7.22 In the case of visiting
family or return of a
former Thai national
or a person whose
father or mother is or
once was a Thai:
Permission will be
granted for a period of
not more than 1 year
at a time.
(1) Proof of original Thai
nationality or of his/her parent
being a Thai or once a Thai.
1. Application form
2. Copy of the applicant's passport
3. Copy of document proving
his/her original Thai nationality
or of his/her parent being a Thai
or once a Thai
7.23 In the case of an alien
visiting a Thai spouse
or child: Permission
will be granted for a
period of not more
than 60 days at a time.
(1) Proof of relationship; and
(2) In the case of a spouse, their
marital relationship shall be de
jure (legitimate) and de facto.
1. Application form
2. Copy of the applicant's passport
3. Copy of household registration
certificate
4. Copy of the national ID card
held by the Thai concerned
5. Copy of the marriage/birth
certificate
7.24 In the case of medical
treatment or
convalescence or to
look after a patient:
Permission will be
granted for a period of
not more than 90 days
at a time.
(1) Confirmation and request has
been made by a physician
responsible for the treatment.
(2) In the case of looking after a
patient, confirmation and
request has been made by the
physician responsible for the
treatment or by an embassy or
consulate.
(3) For non-family members of the
patient, permission shall be
granted to not more than one
person.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter and request
from the physician responsible
for the treatment
4. Only in the case of looking after
a patient, confirmation letter and
request from the physician
responsible for the treatment or
from the embassy/consulate
must be provided.
7.25 In the case of
litigation or judicial
proceeding:
Permission will be
granted for a period of
not more than 90 days
at a time.
(1) Proof of involvement in
litigation or judicial
proceedings as complainant, the
aggrieved party, accused,
plaintiff, defendant or witness.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter from the
inquiry officer in charge of the
case or official letter or
document from the authority
concerned indicating that the
applicant is involved in a case or
judicial proceedings.
- 12 -
7.26 In the case of
performing a duty or
task for a government
agency or an
international
organization:
Permission will be
granted for a period of
not more than 90 days
at a time.
(1) Confirmation and request has
been made by a government
agency at the level of
department or equivalent, or
police office or government
agency attached to the
Commissioner-General of the
Royal Thai Police
Headquarters, or the Army,
Navy or Air Forces, or by the
international organization.
1. Application form
2. Copy of the applicant's passport
3. Confirmation letter and request
issued by government agency at
the level of department or
equivalent, or police office or
government agency attached to
the Commissioner-General of
the Royal Thai Police
Headquarters, or the Army,
Navy or Air Forces, or by the
international organization
8. If the applicant does not fully meet the qualifications as prescribed by this Order, he/she is
allowed further stay in Thailand to prepare for departure, but not exceeding 7 days from the
expiration of the permission.
9. Even though the applicant may fully meet the qualifications as prescribed by this Order, if
there is reason to believe that it is unsuitable to permit the alien to stay in the Kingdom, the
application in question shall be submitted to the Commissioner of the Immigration Bureau
or competent official for a rejection order.
10. If an applicant who appeared to have the full qualifications as prescribed by this Order has
been permitted to stay in Thailand but is later found to be lacking in qualifications, the case
shall be submitted to the Commissioner of the Immigration Bureau for a revocation order.
11. In the case of investment or any other activity related thereto under the Investment
Promotion Act, due consideration shall be based on the letter of confirmation and the
approved period granted by the Board of Investment or any other investment committee.
12. Other cases not stipulated herein shall be submitted to the Commissioner of the Immigration
Bureau or competent official for decision on a case-by-case basis.
Transitory Provisions
13. If an alien who has entered Thailand before this Order came into force and has been
continuously granted temporary stay is found to lack the qualifications as prescribed in this
Order, the Commissioner of the Immigration Bureau or competent official shall consider
and decide on the particular case based on the prevailing reasons and circumstances within 1
year from the effective date hereof.
This Order is effective October 1, 2006.
Given on September 8, 2006
(Signed) Pol. Gen. Kowit Wattana
Commissioner-General, Royal Thai Police Headquarters
- 13 -
ATTACHMENT TO ROYAL THAI POLICE HEADQUARTERS ORDER NO. 606/2549
dated September 8, 2006
Income Table Referred to Clause 7.1 (2)
Nationality Minimum Income
1. European Countries, Australia, Canada, Japan,
and U.S.A. Baht 50,000/month
2. South Korea, Singapore, Taiwan and Hong Kong Baht 45,000/month
3. Asian Countries, South America, Countries in
Eastern Europe, Countries in Central America,
Mexico, Turkey, Russia and South Africa
Baht 35,000/month
4. African Countries, Cambodia, Myanmar, Laos
and Vietnam Baht 25,000/month

[url]www.immigration.go.th/nov2004/2notice/rtp606EN.pdf[/url]

eller

[url]www.thailandlaw.com/immigration_law2007.html[/url]

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Foreign business ownership/employment in Thailand

Retire-Asia aims its advice and information mainly at ordinary foreign long term residents or those semi- or fully retired in Asia. Among them are ex-pats who want to run their own business in Thailand, with or without Thai partners. It's possible, but there are a lot of requirements which we will go into below. We strongly recommend you understand the implications of a foreigner running a business in Thailand before pursuing your 'tropical paradise dream'. It could end up as an expensive nightmare!

It's also unlikely there will be any changes made for the better since the installation of the new government after the September 2006 military coup.

For certain categories of foreign business or investment, the Board of Investment of Thailand (BoI) offers a government-sponsored scheme which includes tax and other incentives. Preferential treatment is also given to US citizens going into business. Visit the BoI website for further information.

Many foreigners over the age of 50 take advantage of the retirement visa (non immigrant visa for retirees). The financial requirements are relatively easy to comply with, including a basic medical certificate, annual evidence of funds, a pension or regular income. There's more detail on our Visa Page. However, the retirement visa does not allow any form of employment or work, even as a consultant – paid or not. Foreigners may receive profits from a business, so they can invest in Thai businesses, but cannot be involved in any way with the day-to-day running without a work permit specific to that business and its location. Few options are available to those who need to earn income in Thailand without transgressing the immigration and foreign labour laws. Internet-based business is possible but foreigners with business web sites are now supposed to declare this to the authorities. Non-Thai website hosting is advisable. Read more about internet businesses which can be managed from any physical location in Thailand, Asia or virtually anywhere else, with proceeds available as cash wherever you are.

Partnership with a Thai Citizen
To own and run a local small business, typically a restaurant, bar, guesthouse or retail shop, the usual method is to have a Thai partner (perhaps a wife, lover or friend) who will 'front' it. It is unwise to have your Thai lawyer as a partner, by the way. Inconspicuous Thai-owned small businesses have less to comply with regarding Thai bureaucracy. Provided the foreigner stays in the background or acts like a paying customer, fewer problems like licensing, VAT, accounting and auditing, to name some, are likely to be encountered. Most foreign-owned or run bars, restaurants and guest houses in Thailand and also the Philippines are operated this way. Whether there is a profit at the end of it more or less depends on the relationship with the partner – business or personal. Of the many ex-pats who try it, few are successful. Many end up losing all their money one way or another – especially where there's a Thai wife, lover or other partner is involved. A word of warning to those who have never had a successful business in their own country: don't try it in Thailand! Stories of failure and loss are legendary.

Owner/operators (including Thai nationals) of bars and clubs which provide more personal hospitality or customer entertainment, apart from complying with local licensing and regulations, need to maintain good relationships with police or the local mafia who expect regular contributions to their 'welfare funds'. Depending on what type of entertainment or 'personal services' are on offer, these donations can be a considerable portion of gross income (not profit). However, more conventional businesses do not usually encounter these problems. Read an article on the 'joys' of owning a bar in Thailand.

Registering a Thai Company and Employing its Foreign Owner
For a foreigner to stay in Thailand and run (work in) even a perfectly legitimate business, there is really only one legal option and the requirements are quite extensive. The main requirement is the issue of a Work Permit. There is a list of business activities restricted to Thais only. Business applications need to be handled by a lawyer experienced in these matters. A reputable Thai lawyer (considered by some as a contradiction in terms!) is best found by recommendation from a foreigner already resident or in business in Thailand. Embassy lists are not reliable. Charges vary and will include application fees to the various government and licensing authorities. It is essential to get a quote or invoice beforehand, detailing as much as possible. Some lawyers will expect 50% of their fee on application and the remainder when completion is imminent. Due the nature of Thai law and regulations which often change without warning, this can be a frustrating and time-consuming exercise for all concerned, with inexplicable delays. However, there's much more to come after you have complied with all the requirements and are actually trying to run your new business! Read on...

It is worth noting that Thai Immigration, which is a department of the Royal Thai Police uses the word 'alien' in English translations to describe anyone who is not a registered Thai citizen. This includes the many groups of hill tribe people who have lived in the north of the country for generations. Regulations (which seem to become more stringent each year) require foreign 'aliens' to be employed by a limited company (Co., Ltd.), in a position that a Thai would not qualify for including certain businesses or professions. This legislation also covers work that Thais feel is beneath them, like manual labour, which is why Lao and Burmese labourers are allowed into the country to work usually for a pittance.

Foreigners in Thailand should never be under the misconception that their knowledge, business skills, willingness to employ people or generate income and taxes for the overall benefit of Thailand and Thai people, is wanted, much less appreciated, by the Thais.

One way investment such as (high end) tourism is far more preferable and this is encouraged. There are former government-sponsored schemes to attract money from the rich and famous. Low budget tourists or retirees with relatively low resources are tolerated rather than welcomed, in spite of the overall financial benefits they bring.

A foreigner can form or buy a Thai company, and even be the sole director of it, but Thai citizens must jointly own at least 51% of its shares – meaning a majority is technically under Thai control. It is possible to allocate shares to several unrelated people, who could have no combined effect on the company's business, and this can be arranged by the lawyer, but along with most things connected with business in Thailand, there are considerable risks involved. There is also a minimum amount of paid up capital required before a foreigner can be employed. Previously this was a figure on paper only. Now, evidence in the form of bank accounts or company assets need to shown. See further requirements below.

Work Permit and Visa
If the business application involves a foreigner being employed, then a Work Permit application can be started simultaneously. After the company has been set up or taken over and all the fees etc. paid, the Work Permit needs to be approved too. Any foreigner who wants to be employed by the company (with or without reimbursement), even a sole director, needs a Work Permit which is issued by the Employment Office of the municipality or city where the business will be located. This is not an easy process now, although it is believed that Phuket may be an exception to the general rule. The list of requirements (may also be available in English) is extensive and includes producing original documents regarding education (no matter how long ago they were issued), other qualifications and more, including identification and house papers for the minimum number of local staff that must be employed before a foreigner is allowed to be on the payroll.

Once you have your work permit, which can be issued for one or more years, you take it to Immigration and apply to have your visa changed to a non-immigrant (business) visa, paying the annual fee.

Tip: If you have been staying in Thailand on extension stamps during your application, you should briefly leave and re-enter before applying for the change of visa type, as the expiry date for your new business visa will be one year after your most recent entry into Thailand.

Now you can commence work, but strictly in the designated occupation at a single place of business for a certain period of time, after which the permit must be extended or renewed. Periodic inspections may be carried out and penalties for non-compliance include fines and or prison terms. Here is more on the different classes of business visa for Thailand.

Annual Re-application (renewal)
The non-immigrant business visa requires annual re-application with all the same personal paperwork being re-submitted, plus audited annual accounts (see below) for the business. Three sets of copies of each document (there may be a hundred or more) need to be signed by the director(s) over the company stamp.

There is no automatic renewal. Each year is treated as a new application which may be submitted to a local Immigration Office, but the paperwork goes to Bangkok for approval. This usually takes several weeks, during which time short temporary visa extensions are granted, meaning more visits to both Immigration and the Labour Office, where additional fees will be payable.

A further point to note is that although the Work Permit and Business Visa are interdependent (they both need to be kept valid), their renewal dates will not coincide as they are issued by different authorities. Again, more visits and additional fees payable during the overlapping periods.

Paperwork, Bureaucracy and Accounting
Providing all the above goes well, and you're 'in business', there will be ongoing requirements for companies – especially those owned by foreigners. Additionally there are paid-up capital issues, licensing, taxes on personal income as well as company profits; social services (medical treatment for staff including yourself – a small perk!), workmen’s compensation contributions, VAT and probably other issues to comply with. Submissions and most payments are made monthly including withholding taxes on salaries and staff wages (minimum wages apply). As all accounts must be submitted in the correct format and in Thai language, the company will need the services of an accountant and the services of an independent auditor (a 'nice little earner' for those concerned) for the annual audit. Apart from the expense, this is time-consuming and often frustrating. At the end of it, your business will need to be quite profitable to cover all the overheads as well as allow drawings to cover normal living expenses, if this is the intention.

Staff Employment
The required number of local staff per foreigner varies for the type of business. There must a minimum number of Thai citizens with proper ID cards and house papers. Other aliens such as hill tribe, Burmese or Lao who carry ID cards issued by the local municipality can be taken on as extra staff. These people often make better, more diligent and reliable employees than local Thais, especially in the service industry. Physical checks by Immigration at your place of business will be made before Work Permit/visa approval; also 'spot checks' if they believe they have reason (perhaps from an informant). There is the risk of heavy fines, imprisonment or deportation for foreign employers or staff for non-compliance with the law, and warning signs are displayed in English outside relevant government offices. Ignorance is no excuse.

Property Leases and Taxes
Rent is paid in advance either annually or for the full term of the lease. Monthly rental is less common, but may be agreed in advance. If you are leasing a property such as a shop-house, standard forms may be available in Thai. Get an English translation and make sure all contingencies are covered and that the English version is the legally registered one. Also if there is removable equipment or furniture involved, include an inventory as an addendum to the lease, also noting anything that is already damaged, broken or in disrepair. A refundable deposit will be required as part of the lease and Thai landlords are notorious for retaining part or all of this for 'damage' or missing items on termination or expiry. Depending on the condition of the premises before you move in it may be possible to negotiate a waiver of the equivalent of one month's rent for painting, decorating and repairs. Check electrical wiring and switches, and plumbing and waste water drainage, water pumps, tanks etc. beforehand. Do not sign or pay in full until promises of replacement or repair have been kept. Get signed receipts for everything.

Property tax must be paid on Thai properties leased for business purposes. Landlords are entitled to charge the tenant for it as part of the lease, and a clause is usually included. The tax may vary between areas but 12.5% is common. The landlord may present you with the bill from the municipality and will expect you to pay cash. You should see the receipt once the tax has been paid and keep the original (give the landlord a copy) for your own accounts.

Employment, Social Services, Income and Other Taxes
There are legislated minima for issues including a minimum number of Thai staff per working foreigner, their wages, foreigner salaries, social and medical benefits contributions. For 'aliens' it depends on which 'planet' you come from, but it's around USD1000 per month, and income tax is about 10%. The company will pay tax on your salary too, so if it's your company, you are effectively paying tax twice. Fees for licences and taxes may not seem large amounts compared to running a business in Western or other countries, but they can all add up to a significant portion of your profits. After a period of grace for new businesses, the accounts will need to show a profit on which Corporation tax will be payable. Thailand has caught up quickly with American and European bureaucracy. On the other hand, 'all-Thai' owned businesses are less conspicuous than foreign ones which can be closely monitored by the authorities.

Been there, done that!
From the above, you may have guessed that the writer has 'jumped through all the hoops' above. Repeatedly, for a small, basically successful restaurant for over six years. Each year the 'red tape' and cost became longer and higher than the previous, until enthusiasm waned and a new buyer came along. Unless you really know what you are doing and also enjoying it, there's not much to gain (and potentially a lot to lose) by trying to set up and run a small business in Thailand, especially if you need to depend on it for a living. However, if you are prepared to risk it, it's a way for you to keep relatives and friends of your newly-discovered 'extended family' in gainful employment or doing something more useful than producing babies, sitting around doing little but watching mindless TV programs, drinking or playing cards, or even to keep you from being bored! But as far as making money is concerned, there are easier and safer ways. One option is to leave your funds in the bank or invest elsewhere – maybe outside Thailand.

The former ruling political party was not called 'Thai Rak (love) Thai' for nothing. Since the recent ousting of their despotic leader Thaksin (Tax Sin?) Shinawatra, time will tell if Thailand is ready for real democratic government (whatever that means). Their policies tended to favour large scale foreign investment and wealthy tourists, but there was little interest in people with less. In spite of this, so far, Thailand can still be considered as a suitable destination for foreign retirees with modest resources or income.

See also our Foreign Business Ownership in Asia page for further reference.

The AOFT attempts to lobby the Thai government about unfair legislation imposed on foreign residents or investors in Thailand, compared to what is made available to Thais and other foreigners by many other countries.

[url]www.retire-asia.com/thaibiz.shtml[/url]

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der er nogle fandens lange indlæg du finder ajarn.....
De kræver lige mere end 5 min. til at læse....
De skulle nok hellere bruge de penge på at uddanne deres egne lærere noget bedre...de er jo da ikke for goe de fleste af dem(folkeskole lærere)....universitets uddannet....kender flere i dk der er det...ved faktisk kun noget om det de havde læst til....alt andet ..."me know nothing"...
Farangers almen viden vil jeg mene er noget bedre end end thai's ....underviser de fleste udlændinge ikke osse i engelsk?????
Det er det da de færreste skole lærere jeg har mødt der bare kan tale et nogenlunde engelsk...og de underviser endda i det...


Claus

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Hmm, Ajarn, jeg lagde mærke til at der var en stavefejl i linje 196, det gør jo ligesom hele artiklen temmelig utroværdig

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Teaching in Thailand With or Without Qualifications
"Can you teach? Well anyway, you’re hired!" Recent years has seen a boom in foreign teachers in Thailand as parents and schools have craved English teachers for the children. But a white teacher is not necessarily qualified or with the best of intentions. That is why Thai authorities are getting tougher on the teachers.


By Marie Varming

“Good morning, Teacher Ejnar”, 25 children yell as they see their teacher by the whiteboard. A peek into the classroom of a bilingual school north of Bangkok reveals a passionate teacher and a classroom full of enthusiastic students.
Ejnar is a foreign teacher in Thailand – a country that according to official statistics hosts approximately 3000 foreign teachers. Most of them have been ‘imported’ through various channels of invitations and exchange programmes, but others have just turned up on the doorstep of a bilingual school as it was the case for Ejnar from Denmark. He showed up at this school north of Bangkok three years ago and was immediately hired.
Actually, the Thai rules state that you must have a bachelor degree and as well as some years of teaching experience if you do not possess a certificate stating that you are in fact a trained teacher. Up until now no one ever cared about these rules as the schools were so eager to get as many foreign teachers as possible.
But the official mood towards foreign teachers is changing, according to Philip Williams who is the editor of ajarn.com, a website for foreign teachers in Thailand. “Not long time ago it was easy to become a teacher in Thailand, but not anymore”, he says.
“There are so many new regulations regarding degrees and criminal records. I think the degree issue will be the stumbling block for most foreign teachers, because as far as I know about 60 – 70 per cent of the people who want to come here and teach do not have a degree”, Philip Williams explains. His experience goes back to 1998 when he started his website.
Then and now the single most common question asked is: ‘Will I be able to find a job without a degree?’ The answer that Philip Williams’ website provides these worriers with is: ‘There is such a shortage of teachers here that very often the lack of degree will be overlooked’.

If you don’t have a certificate, buy one!
As many of the foreign teachers are not native English speakers, they must have obtained the famous TEFL (teaching English as a foreign language) course and certificate. But not even that rule is a problem to the applicants. In the land of copies and replica a piece of paper is easy to get if you should actually need it.
“I have been a teacher here for some years and nobody has ever seen my TEFL certificate, as I do not have one”, says Ejnar. Furthermore, he doubts that anyone has ever checked his criminal record in Denmark.
The only thing he has ever shown was a certificate stating that he is a qualified teacher. “But that certificate can be bought in Khao San Road in Bangkok and everybody knows that”, he says, but underlines that his teacher certificate is real as he has the necessary teaching background from Denmark.

Being white is a qualification in itself
The children in Ejnar’s class already speak some English, because that is what their parents demand when paying for the ‘Extra English’ programme. A Thai teacher is not good enough. “The parents want a white teacher for their children, because it is prestigious”, Dora explains. She is an Italian who has been a teacher in Thailand for 18 years and now assists with the management of the bilingual programme at the school.
Ejnar agrees: “The lack of foreign teachers means that you can be hired directly from the street as was the case with me some years ago”, he explains.
That has become a visible fact at most bilingual schools in Thailand. Thai authorities say that they have 2903 registered foreign teachers, but Philip Williams has 2000 users checking out his website every day and three quarters of them are located in Thailand. “2903 is a ridiculously low number. I think 25,000 would have been more appropriate, but I don’t like to guess about it. The number of users of my website gives you an idea of how many teachers there are”, he says.
In order to get some Thai perspective into the English lessons, the foreign teachers are required to participate in a 15 hours course in Thai culture. Ejnar laughs as he hears about this rule. “There are so many official rules in Thailand, but the schools break them if they have to in order to get enough foreign teachers”, he says.

If you’re not a good guy, no one will know
The school’s eagerness to hire these teachers makes it hard for them to sort out the bad seed among foreign teachers. An example of extremely bad seed was when Thai authorities in the summer of 2006 arrested John Mark Karr. He was wanted by American authorities for the murder of a six-year old American girl in 1996. When John Mark Karr was tracked down he was working at a bilingual school in Bangkok.
“We have seen so many examples of bad people coming to Thailand to teach in international and bilingual schools”, says Dora. “The Thais used to be a bit naïve when it comes to foreigners. They thought that everybody came with the best intentions, but now they are learning that just because you are white, does not mean you are not a criminal”, she says.
According to Dora, the school where she and Ejnar are teaching, checks the criminal record of all the foreign teachers that apply for a job. But Ejnar disputes this. “If they say that they check criminal records, it is a lie”, he states.
The job of checking foreign criminal records is obviously a tough task for the schools and for the Thai authorities. Philip Williams has in vain tried to get an answer to whose job it is to check if an applicant for example has been charged with child molestation, theft, drug dealing etcetera. He has come to the conclusion that the system has given up before it started. “The Thai schools have never checked anybody’s criminal background”, he says.

Tighter rules means fewer teachers
Becoming a teacher in Thailand is getting more difficult every day, according to Philip Williams. “I am afraid that there will be fewer and fewer foreign teachers in Thailand”, he says. “It is the lowest paying country in the area and there is so much red tape. Who would want to come and teach here?” Philip Williams ask rhetorically.
But no matter how hard the authorities get on the applicants, the schools still crave these teachers. “We are heading towards the busiest season in the Thai school system and I can see that the number of vacancies is increasing rapidly on my website. I don’t know what the Thai schools will do without the foreign teachers”, Philip Williams says.
“The consequences are that the students will not have a teacher or they will have a Thai teacher which they will not gain so much from as Thais have a tendency of lecturing in stead of teaching. With a foreign teacher, the students get a chance to speak, as the foreign teaching style is more communicative”, Philip Williams explains.

Reader Comments:

Bent Jensen :

You can't really teach English to Thais wiothout being able to speak and read Thai as well, but you can serve as a conversational partner. (Most Thais want you to "teach conversation" anyway. They don't like grammer.) )In practise, however, it doesn't really matter if you can speak English because few Thais will know it. The important thing is that you wear a necktie and carry a James Bond briefcase.

I wonder why someone with a bachelor's degree should want to take the trouble and pay the expenses of going to Thailand for teaching English, not to mention the trouble of seeking permission to work. when he can get more money being on the dole in his home country.

An intellgent Thai person who wanted to learn English would never go to any school to learn it. He would buy for example English Grammar in Practice by Raymond Murphy from Cambridge University Press (Thai version with CD) and read it carefully by himself and listen to the English pronunciation on CD.

Few Thais can speak English well. Listening to Radio Thailand's English language news is great fun if you are an advaned student.of English. They try to use many fancy words but often get the grammar wrong.

Posted Date: 2007-02-28 23:14:30

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