Wednesday, November 30, 2022

How Can a Foreigner Start Franchise Business in Thailand?

Franchising is one of the easiest ways for foreigners to invest in a business. You won’t be the first person to open a franchise in Thailand because franchising is not a recent business model there. More than 12,000 franchisees and over 400 franchises are currently present in Thailand. Franchises have gained popularity, though, as a result of the AEC’s introduction because it has been much simpler, more profitable, and more effective to expand inside ASEAN. Thailand still lacks a franchise law, nevertheless.

What is Franchise Business in Thailand?

According to the 2019 notification, a franchise is a business transaction in which one party, called a franchisor, contracts with another party, called a franchisee can – 

  • To use the franchisor’s s business method, model, system, procedures, and intellectual property rights (or any business method, intellectual rights, etc) that the franchisor has the right to license
  • In a specific time and place
  • Where the business operation is under the support and business plan of the franchisor
  • The franchisee has an obligation to pay royalties to the franchisor

However, to assure the protection of both the franchisor and the franchisees, a contract must be neutral and benefit both parties. Moreover, the franchise agreement must strike a good balance between the interests of the two parties because they have various matters to take into account.

Therefore, call one of our attorneys if you wish to launch a franchise business in Thailand. Additionally, we provide other services and legal paperwork in addition to registering your business in Thailand promptly.

Regulations Governing Franchise Business in Thailand

First off, a franchisor/franchisee relationship is not subject to any notice or registration requirements under Thai law. Although the relationship between the franchisee and the franchisor is mostly contractual, nonetheless there are certain laws and rules governing them:

  • The provisions of the Thai Civil and Commercial Code governing contracts
  • The Unfair Contract Terms Act B.E.2540
  • Intellectual property laws, in particular, the Trademark Act
  • The Trade Secrets Act B.E.2545
  • The law on consumer protection and “controlled contracts
  • Laws governing the specific commercial activity that is the subject of the franchise, such as the Food Law or the Cosmetics Law
  • The law on commercial competition

Additionally, the Notification Regarding the Guidelines for the Consideration of Unfair Trade Practices in Franchise Businesses was released on December 6, 2019, to stop franchisors from implementing excessively onerous and unfair contractual provisions that are thought to potentially hurt franchisees. The notice has been in effect since February 4, 2020.

Obligations for Franchise Business in Thailand

The franchisor is subject to two requirements in the announcement. Disclosure of crucial information about the franchise is mandatory. Therefore, the franchisor must provide the franchisee with material information before signing a franchise agreement, such as information about:

  • The royalty and other payments for operating the franchised business
  • The business model of the franchise
  • Intellectual property rights
  • Renewal and termination of the franchise agreement

The franchisor must first grant the franchisee the authority to operate the branch if the franchisor plans to open and run a new branch in the vicinity of the franchisee’s area of operation.

Therefore, we advise that franchisors implement their franchise systems carefully and abide by the notification requirements. Additionally, it is advisable to review the Commission’s rulings and the cases decided by the Thai Supreme Court that established a standard for “unfairness.”

However, the rules forbid the following franchise activities:

  • Setting conditions on franchisees’ rights without valid business reasons
  • Setting additional conditions after the execution of the contract without good cause
  • Prohıbıtıng franchisees from purchasing products or services from manufacturers, distrıbutors, or other service providers without good cause
  • Prohibit franchisees from selling perishable products at a discount without good reason
  • Prohibit franchisees from selling discounted perishable products without good reason
  • Not treatıng all franchisees equally by setting different terms for each franchisee
  • Setting inappropriate contract terms for franchisees that are not related to maintaining the franchisor’s reputation, quality, and standards

Violation of the said rules can lead to an administrative fine of up to 10% of yearly sales. On this, the franchisee may file claims for violations under the terms of the franchise agreement with a one-year statute of limitations. Additionally, Section 60 of the Trade Competition Act provides the Commission extensive jurisdiction to prohibit an offender from operating any franchise businesses in Thailand.

Benefits for Foreigners in Franchise Business in Thailand

For an incomıng foreigner just arriving in the country, starting a franchise business in Thailand has many business advantages:

  • New entrants are often unfamiliar with the Thai market
  • They may not know the local supply chains, rental markets, and potential customers.
  • Local franchisees are often more familiar with local supply chains, rental markets, and potential customers
  • Spreading the risk

This type of business relationship also has interesting legal advantages:

  • Foreigners will not have to deal with Thai restrictions on foreign entrants
  • They are not subject to Thai legal restrictions on foreign parties: such as the Foreign Business Act, the Tourism Act, and other local laws, permits, and regulations. This is done by the franchisee, not the franchisor
  • Their contract will be concluded under specific local laws such as Thai labor law

The Bottomline

There are regulations, acts, and laws in anything you do in any region of this world. Thailand is not an exception. The advantages that you can get by starting your franchisee business in Thailand are as follows:

  • Get the opportunity to be part of the booming ASEAN market
  • Tap the entire South-East Asian economy
  • Be part of the rapidly growing digital economy of Thailand
  • Get immense support from the Royal Thai Government & the Board of Investment, and,
  • Have Konrad Legal by your side!

Reach out to us for all types of legal paperwork, legal, accounting, or regulatory guidance and assistance in your venture to start a franchise business in Thailand. Email us at officer@konradlegal.com.

Friday, November 25, 2022

Business Opportunities in Medical Industry in Thailand

 


The Thai government views the healthcare sector as a top priority for investment and continued growth in accordance with its Thailand 4.0 program. The Ministry of Public Health’s 2016–2025 Strategic Plan, “Thailand: A Hub of Wellness and Medical Services,” reaffirms this position. Therefore, this makes the medical industry to be very promising for foreign investors to do business in Thailand.

Other elements, such as a solid foundation of health-related sectors, rising demand for health services, and alluring investment incentives, among others, also play significant roles in strengthening Thailand’s position as the “Medical Hub of Asia.” While the government’s policies provide the strategic direction required for Thailand to strengthen its position as a regional medical hub, other elements also contribute significantly.

Thailand has developed into a medical center not only for ASEAN but also for Asia and beyond, with a strong healthcare infrastructure already in place and a global reputation for its highly skilled medical personnel and international standard medical services. Therefore, Thailand presents the ideal investment destination for a wide range of medical and healthcare service companies due to its favorable regulations from the government and the BOI.

What Makes Thailand Successful in the Healthcare Sector?

Aging Society of Thailand: Business Opportunity in Thailand

Leading Medical Tourism Hub in Asia: Business Opportunity in Thailand

Large Market for Medical Devices: Business Opportunity in Thailand

Growing Domestic Pharmaceutical Market: Business Opportunity in Thailand

Government Initiatives Supporting Business in Thailand

Board of Investment Incentive Policies for the Medical Industry

Why You Will Need Our Help?

Success in Healthcare Sector

Thailand has already put in a lot of time and effort to make access to medical care and public healthcare easier. Additionally, government spending on healthcare has quickly increased, from less than 50% in 1995 to almost 80% presently. However, since 2002, Thailand has also had a universal healthcare system in place. As a result of this policy’s success, over 99% of the country’s citizens now have access to public healthcare. 

In Thailand, there are more than 1,000 governmental hospitals and 300 private hospitals. Moreover, these facilities provide a wide range of services that include many different types of treatments. This makes it clear that the public healthcare system in Thailand likely serves practically the whole population.

The Aging Society of Thailand

Even though Thailand has a sizable healthcare industry, the country’s aging population will increase the need for healthcare services in the coming years. Additionally, Thailand is on the path to having an aging population, just like many other nations. It is because the proportion of people over 60 is one of the highest in the ASEAN region when compared to other nations. Furthermore, it is anticipated that by 2045, this share will be higher than that of other regions, including Europe and the US. Therefore, there is little doubt that Thailand’s aging population will continue to increase domestic healthcare demand in the coming years.

Leading Medical Tourism Hub in Asia

Millions of foreign patients get treatments from Thai hospitals due to cutting-edge medical facilities. Additionally, the number of foreign patients at Thai hospitals has been rising quickly. Also, Thailand features top-notch healthcare professionals and world-class medical facilities. Due to this demand, a large number of new medical businesses may be considering entering the Thai market.

Thailand has top-notch medical facilities and takes pride to have the greatest number of private hospitals in Asia. Additionally, a lot of hospitals and healthcare facilities have Joint Commission International (JCI) accreditation. Note that every region of Thailand is represented by the 64 organizations that are JCI-accredited as of December 2018. Bangkok, Nakhon Sawan, Chiang Mai, Chiang Rai, Khon Kaen, Udon Thani, and Phuket are among the provinces where JCI-accredited facilities are found. 

However, the number of medical tourists coming to Thailand has been increasing because of: 

  • Reasonable costs of medical treatment 
  • High-quality medical and healthcare services 
  • Highly developed tourism infrastructure 
  • A global reputation for attentive and world-class services 

Therefore, Thailand is growing to be a top medical tourism destination in Asia due to the high standard of medical care and reasonable cost of medical treatment. Please note that Thailand ranks 18th overall and 6th globally in the field of the medical tourism business, according to the Medical Tourism Index (MTI), a measure of a country’s desirability as a destination for medical tourists.

Large & International Market for Healthcare Devices

The eighth-largest market for medical equipment in the Asia-Pacific area is Thailand. At the end of 2020, Thailand is expected to have 538 local medical device manufacturers. Currently, there are two distinct categories of medical devices available on the market. For your information, they are consumable and diagnostic imaging equipment, such as simple medical supplies and patient aids, and the more advanced (and typically imported) devices.

However, the latter offers the greatest potential for prospects for investment from overseas firms. It is only because Thailand’s medical equipment sector is developing, providing both locals and foreigners with good business prospects. Additionally, Thailand is aiming to become the leading healthcare and medical business center in ASEAN by hosting the international expo and congress on medical devices, services, and general healthcare known as Medical Devices ASEAN (MDA).

For your information, the major medical and healthcare manufacturers in Thailand along with their specialties in production are as follows:

CompanyProducts Manufactured
Nipro (Thailand)Blood Tubing Set, PTA Balloon Catheter, Hypodermic Needles, and Syringe
Hoya Optics (Thailand)Glass Molded Lenses, Preforms, Glass Polished Lenses, and Glass Lenses Pressed Blanks
Kawasumi Laboratories (Thailand)Hemodialysis, Plasmapheresis, Blood Banking and Transfusion, and Infusion Therapy
Reckitt Benckiser Healthcare Manufacturing (Thailand)Antiseptic, Sore Throat Medicine, Ingestion Remedy, and Immune Support Supplement
Meditop Diagnostic Product, Cardiovascular Product, Ventilator, Renal Product Group, and Tester
GE Medical Systems (Thailand)EP Recording, Maternal-Infant Products, Ultrasound, Radiography, Mammography, and Ventilator
Eyebiz Laboratory (Thailand) Ophthalmic Lenses
Emerald Nonwovens InternationalSingle Use Medical Devices, Surgical Gowns, and Specialty Drapes
Infus Medical (Thailand) Bone Cement Mixing, Blood Transfusion Products, Apheresis Products, and Drainage Products

S-Curve Businesses in Medical Industry in Thailand

One of the emerging S-curve businesses is the medical device industry. As a result, the government would support efforts to establish Thailand as a medical hub and a hub for the export of medical equipment and gadgets to the CLMV region and other ASEAN nations, where there is an increasing need for such equipment. Additionally, the aging population in Thailand opens up markets for medical products for the elderly.

Moreover, in-country and international medical device manufacture and distribution are still on the rise. This is because Thailand has developed into a natural market for medical equipment due to its reputation as a provider of high-quality, reasonably priced healthcare and as a regional medical center. However, in 2018, Thailand’s medical device imports increased in value from 557 million to 962 million USD. Additionally, the export value increased from 554 million USD to 843 million USD throughout the same time period. Therefore, this pattern shows the expansion of the local market and the significance of the nation as an export hub. 

Growing Domestic Pharmaceutical Market in Thailand

One of the most successful pharmaceutical marketplaces in the Asia-Pacific area is Thailand. Furthermore, the market is anticipated to expand at a compound yearly growth rate of 6.2% under a favorable economic outlook. For these crucial reasons, the pharmaceutical businesses have doubled in size by the year 2020. Nevertheless, the main cause of this is Thailand’s aging population, which has increased the demand for medications. To add on to this, Thailand’s Universal Coverage Scheme (UCS) and the ongoing expansion of medical tourism are additional significant factors. Due to these reasons, nearly 20% of all domestic health spending is now spent on pharmaceuticals, the majority of which is dispersed through Thailand’s public and private hospital networks.

Despite a large number of domestic manufacturers, Thailand relies significantly on imports of pharmaceutical products. To illustrate practically, according to Krungsri Research (2018), the country imported pharmaceuticals worth 2.93 billion USD; 16% of which from China and 12% of which from the United State of America. Therefore, this reflects the fact that there is more room for enterprises wishing to produce and expand their sales in the Thai market. Moreover, for exports, the market is also sizable. Note that, Thailand’s export value stood at 884 million USD, mainly to the neighboring countries.

As of March 2018, there were 194 manufacturers of conventional medicines in Thailand and approximately 90% of these were accredited with the Good Manufacturing Practice (GMP) standards. For your information, this quality standard ensures that all finished pharmaceutical products are produced to a universally acceptable quality. Furthermore, Thailand has been involved in some primary pharmaceutical research and development, namely the ongoing development of vaccines for HIV and various strains of flu.

Government Initiatives for Medical Industry in Thailand

In late 2018, the Ministry of Science and Technology, in collaboration with the Ministry of Public Health and the Ministry of Education, unveiled the ‘Yothi Innovation District’. Moreover, with an anticipated thirteen medical institutions and two universities offering medical courses, it is envisaged as an area that will soon make Thailand the centerpiece of medical innovations. The area will be able to treat approximately 8,000 patients per day and will have more than 7,000 beds available. Additionally, the Strategic Plan is expected to invite more than 100 private organizations to invest in innovation creation and in the improvement of public-private partnerships. In addition, there will also be a number of policies articulated to support new medical experiments, create startups, and build online databases.  

In addition to a continuous attempt to promote a variety of manufacturing activities such as those related to medical devices, pharmaceutical products, and medical food and supplements, the Thai government has placed greater emphasis on the promotion of medical services. Note that, this is part of an initiative to drive Thailand towards becoming the No. 1 medical hub of Asia with a full range of first-class services. To this end, the BOI has provided incentives to stimulate investment in four additional areas of medical services including Thai traditional medical centers, specialty medical centers, hospitals, and medical transportation services.

BOI Investment Incentives for Medical Industry in Thailand

For investment projects that support governmental development goals, the BOI provides a wide range of incentives. Additionally, corporate income tax is exempted as part of the tax incentives, along with import duties on machinery needed for the project and on raw materials or other crucial components used to make exported goods. However, in terms of non-tax incentives, the BOI also permits the hiring of foreign nationals, the taking or sending of foreign cash overseas, and the ownership of land for project purposes.

Eligible ActivitiesBasic Incentive
Manufacture of high-risk or high-technology medical devices, (e.g. x-ray machine, MRI machine, CT scan machine, and implants) or medical devices that are commercialized from public sector research or collaborative public-private sector research
If the projects include R&D and innovation 
If the projects do not include R&D and innovation 





8 years CIT exemption (no cap) 
8 years CIT exemption
Active pharmaceutical ingredients8 years CIT exemption 
Manufacture of other medical devices (except for medical devices made of fabrics or fibers)5 years CIT exemption
Manufacture of medicine5 years CIT exemption
Manufacture of medical devices made of fabrics or fibers, e.g. gowns, drapes, caps, face masks, gauze, and cotton wool3 years CIT exemption
Specialty medical centers8 years CIT exemption
Hospitals 8 years CIT exemption
Traditional Thai medical public services5 years CIT exemption 

How Can We Help You?

If you are not from Thailand, the major assistance that you can get from us is our expertise in Thai legal, accounting, and taxation process along with decades of experience in the Thai market. Moreover, this will help you focus on your business plan rather than learning the Thai rules and protocols. Additionally, you get the following support from us:

  1. Fast Processing of your Applications
  2. We complete the Documentation on your behalf
  3. Assist in your Immigration and Work Permit Process
  4. Full support in your Payroll Management
  5. We have a specialized team for Accounting, Auditing & Taxation

Therefore, all you need to have is a brilliant idea, investment, and a trustworthy Thai Partner (if needed). All the other arrangements are completely on us. Additionally, our good, long and healthy relationship with Thai officials and authorities will help in speeding up your company registration process in Thailand.
So, are you thinking to tap the potential of the medicine, pharma, and healthcare market of Thailand? You can book a round of free consultations by emailing us at officer@konradlegal.com.

Thursday, November 24, 2022

Elite Visa vs Permanent Residence in Thailand

Many people desire to settle permanently in Thailand. It’s one of South East Asia’s most sought-after travel destinations. Foreigners who travel to the Land of Smiles frequently will eventually look for places to stay for an extended period of time. They enquire as to whether long-term visas are available or if they can apply to become Thai Permanent Residents. If this describes you, we will now address all of your concerns.

There are two options for long-term visas: the Elite Card Membership and long-term residency. They are not the same thing, though. In Thailand, there are different requirements for applying for and maintaining legal permanent residency than there are for Elite Card membership.

What is Elite Visa or Elite Card Program in Thailand?

A long-term visa in increments of 5, 10, 15, or 20 years can be obtained by enrolling in Thailand’s Elite Card program. It begins at 500,000 baht for five years and rises to 2,000,000 baht for twenty years. There are eight different membership options, each of which offers different advantages.

The holder of this five-year multiple-entry visa, known formally as a “Privilege Entry Visa,” is applicable to enter and exit the country without obtaining further authorization. An annual stay is valid with each visa entry. At the Thai immigration office, visa holders who don’t wish to leave Thailand within a year can prolong their stay.

Those who don’t fall into a specific category yet wish to stay in Thailand permanently can benefit from this visa. For instance, they don’t meet the requirements for a retirement visa, don’t have business interests in Thailand, don’t have a Thai spouse, don’t want to attend school in Thailand, etc. These persons benefit from the Elite card. The Thailand Elite Visa enables the user to take advantage of a protracted stay in Thailand without worrying about extra costs like returning and forth to extend the validity of the visa or applying for a visa at each arrival.

Thailand Elite provides international travelers with the greatest national membership program. It is the only country membership program that provides rewards for business, leisure, and immigration. Thailand Elite can provide members amenities when they arrive in Thailand because it is a state-owned organization and a division of the Thai Tourism Authority.

Benefits of Thai Elite Visa

From the moment you arrive, you will benefit from VIP services and benefits as a member of Thailand Elite. These benefits are available to Thailand Elite members:

  • Elite Personal Assistant service for airports
  • Exclusive fast-track immigration lanes for arrival and departure
  • Exclusive arrival/departure lounge
  • Elite Personal Liaison to handle government requirements like the 90-day report and driver’s license submission and processing
  • Opening bank accounts assistance
  • 24/7 Elite Member Contact Center to help Thailand Elite members with service bookings, questions, and emergency contacts
  • Legal, insurance, real estate assistant
  • Discounts and booking at Thailand Elite partner hospitals, spas, restaurants, golf courses, and department stores, including King Power duty-free

Work Permit for Thailand Elite Visa

Thailand Elite may apply for work permits through the Elite Flexible Plus program.

The New Flexible Plus Program for Thailand Elite is for members who are willing to work and invest in Thailand. A minimum 10-year Thailand Privilege Card membership comes with a 1-million-baht membership fee.

Permanent Residence in Thailand

One may apply for permanent residence in Thailand after a specific period of time in the visa and work permit status. Once granted permanent status, one is free from the need for additional visas. You have to renew your non-immigrant visa on an annual basis. These visas consist of business, marriage, education, and retirement visas.

Despite being perpetual, it does not grant authorization to work. However, for each new job, you still need a work permit, even if you have permanent status. The rules for work permits are more lenient for permanent residents.

The residence permit is perpetual. However, it is revocable. However, re-entry permission (endorsement) is mandatory if you plan to leave and enter Thailand again.

If you have been a Permanent Resident for ten years, you can apply for Thai Citizenship.

Benefits of Permanent Residence in Thailand

Thailand offers a number of advantages for permanent residents, including:

  • Without requesting an extension, you are permitted to remain in Thailand permanently.
  • You can purchase a condo without a bank transfer by using your name on the paperwork for registering your home.
  • Having permanent residency makes it simpler to obtain a work visa.
  • Thai public business directors are electable.
  • You are able to naturalize as a Thai citizen.
  • For non-Thai family members, you can even seek a stay extension and permanent residency.

There is a quota on the annual number of applications from each nationality under the existing system of permanent residency in Thailand. Each year, Thailand allows 100 permanent citizens from each nation. Additionally, there is a “window” of time during which they accept applications for permanent residence before it shuts until the next year.

How to Become a Permanent Resident in Thailand?

To become a permanent resident of Thailand, you must fulfill the following conditions:

  • You must have held a Thai non-immigrant visa for three years prior to applying. Three additional annual extensions must be consecutive.
  • You must fit one of these categories:
    • Working/Business: Investment (minimum 3-10M Baht in Thailand).
    • Humanity Reasons or support a family category: You must be related to a Thai citizen or immigrant who already has a residence visa as a husband, wife, father, mother, or guardian of a Thai kid under 20.
    • Academic/Expert category: Those who want to work in Thai state universities, government research institutes, or state training institutes. To qualify as a foreign specialist (expert), the applicant must provide a Thai or foreign employment contract. In addition, before applying for a long-term visa, they must also have worked in “designated industries” for at least five to ten years.

You’ll get a blue book after the approval of your application for permanent residency in Thailand. After that, register your Thai address at the neighborhood Amphur to receive a house card. After a week, you can go to the neighborhood police station to apply for an alien (red book), which is the Thai national ID card equivalent. For this ID, re-registration is mandatory every year.

Long-term Residence in Thailand: Recent Updates

The cost of a long-term residency visa was cut in half by the Thai cabinet to 50,000 baht. However, this visa is for foreigners who are “competent” and desire to stay in Thailand for ten years. So, foreigners with high levels of skill can now apply for visas and pay 50,000 THB to live in Thailand for ten years. Additionally, they can also have up to four kids with their partners (under 20).

However, one needs to demonstrate that they have an income of $80,000 or more annually for at least two years before applying in order to get recognition as a high earner.

Those who participate in the program must have medical insurance with a minimum face value of $50,000 and a minimum term of ten months. Furthermore, a social security certificate that covers their medical costs in Thailand may also be provided. Please note that the applicant may alternatively utilize a $100k cash deposit held for 12 months as a substitute in a domestic or overseas bank account.

Difference between Permanent Residence and Elite Card in Thailand

In Thailand, there are different requirements for applying for and maintaining legal permanent residency than there are for Elite Card membership.

Once granted permanent residency, a person is no longer required to leave the nation and has few legal responsibilities. With the Elite card, such is not the case. While Elite cards do not expire, permanent residency does. Permanent residency, however, is reversible.

Like a protracted tourist visa, the Elite Card. Although elite status can persist for a long time, it is not a right to live there permanently in Thailand.

A visa is not a status of permanent residence. To obtain it, one must already have a visa.

Elite card status is not a prerequisite for seeking Thai citizenship; permanent residency is. It is not regarded as residency and is therefore one of the requirements to seek naturalization Thai citizenship because it is essentially a very lengthy tourist visa.

Obtaining a work permit while in Elite status depends on the situation and necessitates dealing with immigration once more. Work authorization is required with permanent residency as well, but the procedure is much simpler.

In contrast to Elite status, which does not require a re-entry permit (endorsement) to enter or exit the country, permanent residency requires specific actions to exit the country.

How to Decide whether a Permanent Residence or Elite Visa in Thailand?

The said documents serve a specific set of purposes. Whether you need a Permanent Residence or an Elite Visa in Thailand, completely depends on your objective to move to Thailand. After going through the previous section of this article, you must have been able to identify the difference between the two types of documents. For example, if you are seeking to have Thai citizenship in the future, you must apply for Permanent Residence, as in that case, Elite Visa is not going to help you.

Therefore, if you are planning to have any of the said documents, feel free to consult us as we will be able to provide you with the following support in your application process:

  • Complete the documentation on your behalf.
  • Translation of the documents.
  • Notarization of your documents.
  • Assist you in obtaining the tax documents.
  • Linguistic support, if you are unable to communicate in the Thai language, many issues may turn up.

There may be many more perspectives and options on which we can support your Permanent Residence or Elite Visa application in Thailand. Therefore, book a free round of consultation with us today by emailing your requirement to officer@konradlegal.com.

Tuesday, November 22, 2022

TM 9 Form in Thailand for Permanent Residence


 Are you planning to stay in Thailand permanently? It will be a great decision! It is because Thailand is highly favorable and attractive in terms of food, climate, culture, nature, and people for people from anywhere in the world. Obtaining a Permanent Residence Visa in Thailand is the simplest way to stay in Thailand longer. This eliminates the liabilities of a visa renewal or extension. For that filing the TM 9 Form correctly for Permanent Residence in Thailand is a very crucial factor.

But, to have this accomplished, you must know about the Documentation process of the same. The most important part of the document preparation process is filling up the TM9 form correctly.

Mandatory Qualification to Fill Up TM 9 Form in Thailand

A foreign national may qualify to apply for a residence permit if he/she –

1. holds a passport of his/her current nationality, which was granted a NON-IMMIGRANT VISA. Additionally, he/she has permission to stay in the Kingdom of Thailand on the basis of a one-year visa extension. This must be for at least 3 consecutive years up to an application submission date. 

2. holds personal qualifications that fit one of the following categories: 

  • Investment Category 
  • Working/Business category 
  • Humanity Reasons category: He/she must have a relationship with a Thai citizen or an alien who already holds a residence permit as the followings: 
    • A legal husband or wife. 
    • A legal father or mother. 
    • A child who is under 20 years of age up to the application submission date must be single. 
  • Expert Category 
  • Extra circumstances on a case-by-case basis – For more information

Process of Considering TM9 Applications in Thailand

  1. The applications will be submitted for consideration by The Immigration Commission which consists of representatives from The Ministry of Interior, The Ministry of Foreign Affairs, The Royal Thai Police Headquarters, The Ministry of Labour, the Office of the Attorney General, The Board of Investment of Thailand, The Secretariat of the National Security Council, The Tourism Authority of Thailand, and The Immigration Bureau with the final approval by The Prime Minister and The Minister of Interior. 
  2. To grant approval for the residence permit application, The Immigration Commission will take into its consideration the applicants’ qualifications in terms of income, assets, knowledge, professional expertise, relationship with a Thai citizen, national security, personality, health, the understanding of Thai language, and other appropriate conditions due to current economic and social surroundings, and government policy. 
  3. Timing for the consideration process varies each year, depending on the policy of The Immigration Commission and The Ministry of Interior.

Fees for Permanent Residency in Thailand

A non-refundable fee for each application is 7,600 baht. The application fee is not refundable irrespective of the grant of the PR permission. 

After the approval of an application, the fee for the residence permit is 191,400 baht. However, the residence permit fee for spouses and children (under 20 years of age) of aliens who already had a residence permit or Thai citizens is 95,700 baht. 

Now if you are eligible according to the mentioned guidelines, capable of paying the fees, and have no records of bankruptcy, legal blacklisting, or contempt of court in your nation, you are free to move forward with the TM9 Application Form for Permanent Residence in Thailand.

To start with, let us make the form available for you! Download the TM9 Form for Permanent Residence in Thailand from the section below.

What to keep in mind while filling up TM 9 Application Form for PR in Thailand?

  1. Your TM 9 application form is incomplete without the complete set of documents required with the form.
  2. All the details that you provide in the form must have documental proof.
  3. All documents that you submit with the TM 9 form in Thailand must be issued not more than 3 months earlier than your date of application for the PR.
  4. Documents that you submit must have a translated Thai copy with it along with notarization.
  5. Primarily, you must be able to produce the following documents along with your TM 9 application form –
    • A medical certificate issued by a hospital in the 3 months prior to the application date.
    • Proof of no criminal record from your home country and certified by your embassy. If your country has criminal record checks with and without fingerprints, you’ll probably need the one with a fingerprint check.
    • Maps in the Thai language of your place of residence and work.
    • Photographs of the exterior and interior of your home and workplace.
    • Copies of annual personal income tax forms with receipts for the previous 3 years.
    • Copy of each month’s personal income tax forms with receipts (PND 1) from January of the year of application until the month before applying.
    • Copy of Value Added Tax (VAT) registration of the company.
    • List of company shareholders.
    • Company balance sheets and income tax with receipts (PND 50) for the previous 3 years.
    • Copy of passport showing 3 years of travel history to Thailand.
    • Copy of work permit.
    • Personal Information sheet and the applicant’s portfolio, which includes detailed information about family background, knowledge and ability, working experience, special ability, social work, workplace, and residence together with a photo.

It is highly recommended that you consult an Immigration Law Firm to guide you throughout the process of acquiring permanent residence in Thailand. 

Do you need an Immigration Lawyer?

It is completely your decision whether to take assistance from an Immigration Law firm or not. Although there is no assurance that the assistance of an immigration law firm will be able to help you get approval for the PR. However, statistics signify that consulting a law firm increases your chance of getting approval.

At Konrad Legal Company Limited, we have an experienced and professional legal team who can give you free consultation pertaining to PR applications. And will assist you all the way to your application should you decide to avail yourself of our legal assistance. Moreover, with lots of document work, you may get exhausted running from one public office to another, especially if you have your job to do during the daytime. 

Some of the major reasons that make it necessary for you to hire an Immigration Lawyer – 

1. Lawyers can evaluate your qualifying chance for Permanent Residence. Additionally, your precious time won’t be wasted reading through the different categories and the associated qualifications and requirements. Immigration lawyers of a reputed firm like Konrad Legal have all the information at their fingertips.  

2. The documentation and application process to obtain a Permanent Residence in Thailand is very cumbersome. Additionally, you will need legal support in fulfilling the notarization, translation, and attestation tasks. Therefore, to put the right papers in the right place, you will need an immigration lawyer. 

3. If you are not of Thai nationality, language is going to create a hindrance in your process of applying for a Permanent Residence Visa in Thailand. You have to interact with officials during the application process which includes your visits to the tax office, revenue office, or immigration booth. Nevertheless, not all officials may be comfortable speaking in English. So a local Immigration Lawyer or Law Firm will make things simpler for you in this regard.

Additionally, it is very tiresome to keep yourself updated with all the announcements and news related to the PR Visa. A seasoned immigration law firm, being in the industry, always stays updated in the process.

If you are seriously thinking to settle permanently in Thailand, express your interest to us. Therefore, email us at officer@konradlegal.com to get complete assistance on Permanent Residence Visa, from application to issuance, in Thailand.