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Residency and Non-Immigrant Visas in Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing Residency and Non-Immigrant visas. The reason I started thinking of this, I was reading a recent article from the Bangkok Post, that is bangkokpost.com, the article is titled: Grimaces replace smiles for retirees. They were doing a Q&A in this article with the Immigration Bureau Deputy Commander, Police Major General Achayon Kraithong and as I said it is kind of a Question and Answer. Bangkok Post asked him things he answered them.

Quoting directly: "Why are expats who have lived, worked and paid taxes here for over a decade are still considered Non-immigrants and ineligible for government healthcare or welfare benefits?" Quoting directly: "Regardless off their length of stay, unless they are undergoing a process to change their nationality, their status remains that of a foreigner. At present, no State welfare benefits are extended to non-Thais." Now he got to the issue there of health care and welfare benefits but something that kind of went unsaid here was they are talking about Non-immigrants. Okay, understood this was a benefits question, you have also got to take into account, Non-immigrants are considered by their very nature I mean it is in the title of the Visa, they are a Non-Immigrant. They are not permanently in Thailand in a legal sense. Now in a in a Tax Liability sense they may be considered a Tax Resident and other jurisdictions may consider them Resident in Thailand for their legal purposes but for purposes of Thai Immigration, in order to be covered under the provisions of the Immigration Act that don't relate to Non-immigrants, so the Immigrant side, you have to have gained Permanent Residence. 

So, the reason for the video is I understand the question regarding benefits but it got me thinking that maybe further clarification is really needed that look Non-immigrants even if you are here for 10 years in Non-Immigrant Business Visa status, Marriage Visa status, Retiree status you are still a Non-Immigrant. At the end of the day you are not in Residence status. Now it is possible to start tolling time for example toward residency and apply and gain Residence and then you are covered under a different section of the Act and for example don't have to deal with things like 90-day reporting; Visa renewal whatsoever. You are just a Resident. If you want to stay in Thailand thereafter you don't really have to deal with any kind of Visa renewal or Visa extension and you don't have to deal with things like TM 30 reporting. But as noted, in order to gain certain benefits you have got to become a Thai citizen because Thai Government benefits are not granted to non-Thai nationals.