Thailand Investment Immigration

Investment immigration by definition is where an individual invests a set amount of money into the country that he or she wishes to gain a permanent residency permit from. The residency visa will enable them to live and carry out business in that country. Typically, the applicant’s investment will be put into a new or existing Thai business and must be beneficial for the Thai economy. It is important to acknowledge that each jurisdiction has different requirements that must be met in order to qualify for a residency visa. The requirements and legal immigration framework of Thailand are outlined below.

Why Immigrate to Thailand

Situated in the heart of South East Asia, Thailand prides itself on having one of the fastest growing economies in Asia, and is committed to enforcing a strong legal infrastructure. Thailand boasts a high standard of living due to low living costs, low real estate prices and excellent value for money. Thailand is a welcoming state and adopts a strong immigration program in a stable economy.

The Thai immigration process is regulated by 3 primary legal acts: the Immigration Act, Alien Working Act and the Nationality Act. The first of these acts is the only relevant one for investment immigration in Thailand.

Thailand Investment Visa

The Investment Visa in Thailand is obtained through a process of visa approval and monetary investment into the country. Firstly the applicant must obtain the relevant visa (typically a non-immigrant (B) visa) which allows entry into the country. On entering the country the applicant must then invest 10 million baht into the economy in order to be eligible for a one year investment visa and have a right to stay in the country. The investment of 10 million baht will allow the applicant to apply for a one year extension of stay as a result of his investment, however that investment must have been maintained and managed in Thailand for a minimum of 3 years.

Type of Investment applicable for an investment visa:

- 10 million Baht deposited into a long term savings account with a government bank

- A new condominium purchased from a Thai developer for a minimum of 3 million baht

- 10 million baht invested into government bonds

Conditions to satisfy under the Investment Immigration Program

- The applicant must establish a limited company or partnership in a listed company

- The applicant must purchase real estate

- The applicant must purchase national bonds or bonds from the stated business enterprise

- The applicant must have a minimum of 10,000,000 baht as a fixed savings deposit for a minimum or a 3 year period

- The investment items must be audited by the Thai Immigration department or investment department

Once the applicant has invested the nominated amount into a relevant project, they will then receive the right of permanent residency in Thailand. Permanent residency in Thailand enables the applicant to pass in and out of Thailand freely. After 3 years of residency and maintained investment in Thailand, the applicant can become nationalized and as a result is not required to live in Thailand. Any changes to the applicant’s investment must be notified and approved by the immigration bureau otherwise the one year permit will be revoked.

Permanent Residency

Investors can apply for permanent residency under 3 main categories: the standard procedure, the special procedure of the immigration bureau and the special scheme of the BOI (Board of Investors). Applicants who apply for permanent residency under the special scheme immigration bureau are exempt from the 3 year requirements applicable to all other aliens, and will receive a ‘special investor status’.

The three main categories include:

Standard Procedure

The three year residency conditions to satisfy are:

- The applicant must have entered Thailand on a non immigrant visa

- Applicant must have been granted a permit to stay in Thailand for a period of 3 years

- Applicant must apply for permanent residency through the immigration department, police department and ministry of interiors

- Applicant must apply for issuance of residency permit within 30 days of receiving the approval

- Permanent residency permit once approved is valid indefinitely unless revoked

Foreign people who are not eligible for permanent residency through investment immigration include:

- People with a criminal record

- People with major health problems or diseases

- People who have intentionally infringed the immigration laws of Thailand

- People with insufficient funds

Special Procedure under the Immigration Bureau for Investors

Applicants who apply for permanent residency under this scheme are exempt from the 3 year residence requirements. However the applicant must satisfy the following conditions:

- The applicant must be legally allowed in Thailand

- The applicant must be eligible for application of a permanent residency permit

- The applicant must demonstrate documented evidence that he has invested the full amount of 10 million baht into a relevant Thai government approved fund

- The applicant’s investment must be beneficial to the economy of Thailand

- The applicant’s investment must be an investment within the following areas: investment in a public or private company; deposit of 10 million Baht into a Thai government bank; purchase of government bonds or purchase of real estate.

Special Investors Scheme under the BOI

Under this program the applicant is not restricted by conditions under the 3 year permit nor is he subject to quotas as laid down by the immigration act. Applicants eligible to apply for permanent residency under this scheme are as follows:

- Special investors

- Director investors

The investor must invest a minimum of 10 million baht into a new government approved project in Thailand. The investment must be eligible for investment promotion under the investment promotion act. The investment is also certified if one of the following criteria is met:

- Investment involves export production

- Investment uses Thai original raw materials

- Investment created employment opportunities

- Investment is put into local or regional areas

- Investment encourages and enables technology transfer to Thai nationals

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