Section 30 : In the instance where there is reason to suspect that a violation of this Act has taken place , the competent official shall have the authority to order the owner or person in charge of conveyance to stop the conveyance or to take the conveyance to any place necessary for inspection.
The order under Para.1 maybe carried out by giving a signal by any other means which is understandable.
Section 31 : During the time any conveyance enters into the Kingdom , beginning from the time said conveyance comes through the Kingdom until the competent official will complete his inspection , no person , who is not an official , shall be permitted to board said conveyance or to bring another conveyance alongside or to enter the area or place arranged for inspection , except as authorized by the competent official.
The owner or person in charge of the conveyance shall not ignore or allow any one to do so in accordance with Para1.
Section 32 : In the instance of a conveyance which is leaving the kingdom but during or after the time of inspection by the competent official , said conveyance is still within the Kingdom. No person except the competent official shall be allowed to board said conveyance or bring another conveyance alongside the conveyance in question , unless authorized by the competent official.
The provisions of Para. 1 shall be applied to the area or place which is arranged for the purpose of inspection during the time when the person who is to leave the Kingdom has not yet boarded the conveyance.
The owner or person in charge of the conveyance shall not ignore these requirements or allow anyone else to act under this Section.
Section 33 : In the instance that a competent official has to conduct an inspection of the conveyance during non – duty hours ; or at any other place besides the one published by the Director General under Section 26 Para. 1 : or to go outside his office in order to detain such conveyance ; or has to wait to conduct an inspection of the conveyance without it being the fault of the competent official , the owner or person in charge of the conveyance shall have to pay a fee for such services and other expenses as prescribed in the Ministerial Regulations.
Temporary Stay in the Kingdom5
Section 34 : aliens entering into the kingdom for a temporary stay may enter for the below listed activities ;
1. Diplomatic or Consular Missions.
2. Performance of official duties.
6. Investing under the concurrence of the Ministries and Departments concerned.
7. Investing or other activities relating to investing subject to the provisions of the law on investment promotion.
8. Transit journey.
9. Being the person in charge of the crew of a conveyance coming to port, station , or area in the Kingdom.
10. Study or observation.
11. Mass media.
12. Missionary work under the concurrence of the Ministries and departments concerned.
13. Scientific research or training or teach in a Research Institute in the Kingdom.
14. The practice of skilled handicraft or as a specialist
15. Other activities as prescribed in the Ministerial Regulations.
Section 35 : The Director General or the competent official deputized by the Director General shall have the authority to permit the alien , who entered to stay temporarily in the Kingdom under Section 34 , to remain in the Kingdom under any prescribed conditions. The periods of time which one is authorized to stay in the Kingdom are as Follows :
1. Not exceeding 30 days for a case under Section 34 (4) , (8) and ( 9 )
2. Not exceeding 90 days for a case under Section 34 (3)
3. Not exceeding one year for a case under Section 34 (5) , (10), (11) , (12), (13) , (14) and (15)
4. Not exceeding two years for a case under Section 34 (6)
5. As deemed necessary for a case under Section 34 (1) and (2)
6. As deemed appropriate by the Commission of Investment Promotion , for a case under Section 34 (7)
If it is deemed necessary that the aliens have to stay in the Kingdom Longer than the period of time prescribed in the paragraphs (1) (2) (3) and (4) the Director General shall consider granting the aliens extension of stay for a period not exceeding one year for each time. After granting permission , the Director General shall report to the Commission for their information , with the reason , within seven days from the date of granting.
Each time when applying for an extension of temporary stay in the Kingdom , the alien shall submit an application and pay the fees as prescribed in the Ministerial Regulations. While waiting for directives the alien may be permitted to stay.
Section 36 : Where there is a proper reason , the Director General or the Immigration Commission shall have power to revoke permission previously authorized the alien to stay temporary in the Kingdom , whether or not the Director General , or the official deputized by the Director General , has granted such permission.
In the case the Director General has ordered permission to be revoked , the alien whose permission has been revoked may appeal such orders to the Immigration Commission. Order of the Immigration Commission will be final.
The appeal of the Director General’s order under paragraph 2 of this Section shall be submitted to the competent official within forty – eight hours from the time of acknowledgement of such order from the Director General and must be complied with from and fees as prescribed in the Ministerial Regulations.
After cancellation of the temporary entry permit in reference to the provision of paragraph 1 of this Section , the alien must be notified by a written notice. In the case a written notice cannot be sent to the alien , yet the competent official has post a notice to the alien’s place of stay , as previously notified , and forty – eight hours , have passed , it is assumed that the alien has received said notice.
Section 37 : An alien having received a temporary entry permit into the Kingdom must comply with the following :
1. Shall not engage in the occupation or temporary or employment unless authorized by the Director General. or competent official deputized by the Director General . If , in any case , there is a law concerning alien employment provided hereafter , the granting of work privileges must comply with the law concerned.
2. Shall stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence , within 24 hours from the time of removing to said place.
3. Shall notify the police official of the local police station where such alien resides, within twenty – four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations , such alien must notify the police official of the police station for that area within twenty – four hours from the time of arrival.
4. If the alien travels to any province and will stay there longer than twenty – four hours , such alien must notify the police official of the police station for that area within forty – eight hours from the time of arrival.
5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the competent official at the Immigration Division , in writing , concerning his place of stay , as soon as possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is an Immigration Office , the alien may notify a competent Immigration Official of that office.
The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as prescribed by the Director General.
In making notification under this Section , the alien may make notification in person or send a letter of notification to the competent official , in accordance with the regulations prescribed by the Director General .
Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area , the local police official for that area must be notified.
In case the house , dwelling place , or hotel where the alien has stayed under provision of Para.1 is located within the Bangkok area , such notification must be reported to the competent official at the Immigration Division.
Making notification , in reference to the Para 1 and 2 of this Section , must comply with regulations prescribed by the Director General.
Section 39 : After having received permission for temporary entry into the Kingdom , if the alien leaves the Kingdom it is considered that his temporary entry permit has expired. But , if prior to leaving the alien is granted permission to return by the competent official , and the alien returning is not excluded from entry under Section 12.and the period of time previously authorized has not expired , the alien shall be authorized to stay in the Kingdom for the rest of the authorized time.
In asking permission for re – entry , the alien must submit an application in accordance with the form and pay a fee in accordance with the rate and regulations as prescribed in the Ministerial Regulations.
Entering to take Residence in the Kingdom6 Section 40 : Subject to the provisions of Section 42, 43 and 51 , the Minister , by the approval of the Cabinet , shall have power to publish , in the Government Gazette , immigration quotas from year to year ( not exceeding 100 persons per year from each country and not exceeding 50 persons who have no nationality ).
For the purpose of fixing immigration quotas , all the colonies of a country or each self – governing country shall be recognized as one country.
Section 41 : Alien shall not be allowed to take up residence in the Kingdom unless authorized by the Immigration Commission and by the approval of the Minister , within the immigration quota limitation as prescribed by the Minister in accordance with the provision of Section 40 , and providing that the alien concerned has received a Residence Certificate in accordance with the provision of Section 47.
For the most benefit of the country in allowing the alien to take up residence in the Kingdom , the Immigration Commission shall fix regulations concerning qualification of the alien entering to take residence in the Kingdom of Thailand by considering income , property , knowledge , technical , professional ability , and family status of such alien in comparison with the Thai national populace , considering condition of national security or other appropriate conditions. So it can be used as a regulation and a condition to consider in allowing the alien to take residence in the Kingdom.
In applying for a Residence Certificate , the alien may apply before coming into the Kingdom or apply after he has been granted permission to stay temporarily in the Kingdom
The Committee can stipulate any requirement to an alien under Section 34 who is holding a temporarily permit of stay and applying for a permanent resident visa.
A permanent resident visa of alien obtained prior to his entry into the Kingdom will be effective when that alien enters the Kingdom to process the relevant formalities and obtains approval from the authorities indicated under Section 18, Para. 2 that alien must not be the person under Section 12 and Section 44, and must possess a residence certificate under Section 47. The alien is allowed to stay temporarily in the Kingdom during the period of processing the residence certificates.
Section 42 : The provision of Section 40 concerning immigration quotas as published by the Minister shall not apply to the persons listed below :
1. An alien who previously entered to take up residence in the Kingdom and re – entered into the Kingdom in accordance with Section 48 or 51.
2. A woman having Thai nationality by birth who has renounced Thai nationality in the case of marriage to an alien.
3. A child of an alien father and mother born while the mother was out of the Kingdom and the mother has application of departure for return in accordance with the provision of Section 48. When the child entering into the Kingdom with father or mother who returns within the prescribed time as state in the application of departure for return and the child is under one year old.
Section 43 : When any alien brings foreign not less than ten million baht , for investment in the Kingdom and the Immigration Commission has considered that it is not contradictory to the provisions of this Act , the Immigration Commission , with the concurrence of the Minister, shall allow said alien to take up residence in the Kingdom over and the above number of aliens as published by the Minister under Section 40, but not to exceed 5% of said amount each year.
For the purpose of examination of foreign currency brought in for investment, the alien who is allowed to take up residence under Para , must display financial status for the period of not less than two years , but not more than five years, in accordance with the regulation prescribed by the Immigration Commission , or as the Immigration Commission may deem appropriate.
Section 44 : No alien is authorized to take up residence in the Kingdom, if it appears that said alien :
1. has been punished with imprisonment by judgement or legal order of a Thai or foreign country court, except a minor offense committed by negligence , or an offense exempted as prescribed by the Ministerial Regulations.
2. Is unable to earn his living because of mental defect or physical infirmity or having any diseases as prescribed by Ministerial Regulations.
The provision of (2) shall not apply to an alien father, mother, husband, wife or child of the one having domicile within the Kingdom and is able to support each other.
Section 45 : If the alien who has been granted to stay temporarily in the Kingdom wishes to take up residence in the Kingdom , he must submit an application as prescribed in the Ministerial Regulations to the Immigration Office in the area , the application must be submitted to the nearest Immigration Office. When the Immigration Commission considers that the quota is not over subscribed then notification prescribed by the Minister , in accordance with Section 40 or 43 as the case may be or the alien in the person under Section 44, the alien may be allowed to take up residence in the Kingdom under the concurrence of the Minister.
When the alien applies for residence in the Kingdom and the authorized period of time granted him to stay temporarily in the Kingdom has expired during consideration. The alien may apply at the same Immigration Office for an extension of stay till the date the result of the consideration will be made know to him. The Immigration Commission or competent official deputized by Immigration Commission, shall have power to grant permission by affixing any conditions.
In submitting application in reference to the first paragraph , the applicant must pay a fee as fixed in the Ministerial Regulations.
Section 46 : Any alien entering into the Kingdom, and if while waiting to receive a Residence Certificate in reference to Section 41 or while waiting to know the result of consideration of the Immigration Commission , or of competent official deputized by the Immigration Commission under Section 45 Para 2.,leaves the Kingdom , it is recognized that a leniency for temporary stay in the Kingdom in reference to Section 41 Para 5 or section 45 Para.2 is expired. Unless prior to departing the Kingdom the alien concerned has been granted permission to return by a competent official, and he has returned within the period of prescribed time, the alien concerned will be allowed to stay for the rest of the prescribed time.
Section 47 : The alien who is allowed to take up residence in the Kingdom must apply for a Residence Certificate from the Director General or from a competent official deputized by the Director General within 30 days from the date receiving written notification from a competent official.
In the case that the alien, whose age is under 12 years, is granted permission to take up Residence in the Kingdom , the person with guardian power or the guardian must apply for a Residence Certificate on behalf of the alien concerned. The Director General ,or competent official deputized by the Director General , shall issue a separate Residence Certificate or together with the person having guardian power or the guardian.
If the alien concerned fails to apply for a Residence Certificate within prescribed period of time, under Para.1 of this Section , the Immigration Commission may hold back issuing of permission to reside in the Kingdom. If so, a leniency for temporary stay in the Kingdom in reference to Section 41 Para.5 or Section 45 Para.2, would be expired.
The applicant for a Residence Certificate must pay a fee as prescribed in the Ministerial Regulations.
Section 48 : A residence Certificate is of permanent validity, but it expires when the holder leaves the Kingdom , unless prior to departing , the holder has his departure for return document endorsed by a competent official in accordance with Section 50. In such a case , if the certificate holder returns to the Kingdom within one year from the date of endorsement and he is not excluded from entry according to Section 12 or 44 , a Residence Certificate shall be considered still valid.
The provisions of Section 12 (1) concerning visa , and (2) and (3) and (4) shall not apply to the first paragraph of this Section.
Section 49 : The holder or person who has in his possession a Residence Certificate not used in reference to Section 48 must return it to the competent official.
The person who has in his possession a Residence Certificate of a dead alien must return it to the competent official.
Section 50 : Any alien having lawfully entered and being a resident in the Kingdom and wishes to leave the Kingdom with intention to return, shall :
1. Present his Residence Certificate to the competent official for endorsement of departure for return in accordance with the procedure prescribed in the Ministerial Regulations.
2. If no Residence Certificate has been issued ,because said alien was granted permission to reside in the country before the regulation to obtain a Residence Certificate was in affect he must apply for the same through the competent official and conform with (1),
3. If there is not enough space for endorsement in accordance with (1), the holder must change his Residence Certificate in accordance to Section 52.
Document of departure for returns valid for one year from the date of endorsement made by the competent official. The certificate holder can make as many departures and returns with the one year period as he desire.
A fee must be paid as prescribed in the Ministerial Regulations for notification of departure for return and for issuing a residence Certificate in reference to (2).
Section 51 : Any alien who has formerly resided in the Kingdom but has no document of departure for return or has a document of departure for return, but has not returned to the Kingdom in reference to the time prescribed in Section 48 and the alien wishes to take up residence in the Kingdom again , he must submit an application in accordance with the procedure as prescribed in the Ministerial Regulations for consideration and approval. When the Immigration Commission considers that the alien has reason and proper excuse and he is not excluded from entry under Section 12 and Section 44 , the alien may be permitted to enter to take up residence in the Kingdom under the concurrence of the Minister, but the alien has to receive a new Residence Certificate. The provision of Section 45 Para.2 shall be applied Mutatis Mutandis while waiting for permission.
The provisions in Section 12 (1) concerning visa , (2),(3) and (9) shall not apply with the case as provided in the first paragraph of this section.
The applicant must pay fees as prescribed in the Ministerial Regulations.
Section 52 : Whoever has lost documents issued under this Act, and wants to receive a substitute , or wants to change a Residence Certificate in reference to Section 50 (3) , when the competent official is satisfied with the result of an investigation, a substitute or a change of Residence Certificate will be issued. The applicant must pay fees as prescribed in the Ministerial Regulations.
Deportation of the Aliens7
Section 53 : If it is learned at a late date that aliens who came to stay in the Kingdom are among the persons excluded from entry because of any circumstance as prescribed in Section 12 (7) or (8)or (10) or Section 43 Para.2 or Section 44 or persons convicted under Section 63 or 64 , the Director General will submit the matter to the Immigration Commission. If the Immigration Commission decides that the alien's permission to stay in the Kingdom should be revoked, the Immigration Commission will submit their opinion to the Minister for further consideration in revoking the Permission.
Section 54 : Any alien who enters or come to stay in the Kingdom without permission or when such permission expires or is revoked , the competent official will deport such alien out of the Kingdom.
The provisions of Section 19 and 20 will be applied Mutatis Mutandis if in the case that investigation for deportation in reference to Para.1 of this Section must be conducted.
In case there is an order of deportation for the alien; while waiting for the alien to be deported the competent official may order the alien to stay at any prescribed place or he may order the alien to report to him ( competent official ) according to a prescribed date, time ,and place with Security or with Security and Bond. The competent official may also detain the alien at any given place as many be necessary. The expense of detention shall be charged to the alien’s account.
The provision of this Section shall not apply to aliens entering and talking up residence in the Kingdom before the enforcement of the Immigration Act B.C. 2480 [ 1937 ]
Section 55 : Aliens being deported under this Act shall be sent back by any conveyance or route as the competent official may consider appropriate.
The expense of deportation shall be charged to the owner or person in charge of the conveyance which brought the alien into the Kingdom. If there appears to be no owner or person in charge of the conveyance, the alien committing the act against the provisions of Section 63 or 64 will have to pay the expense of deportation. The competent official shall have power to ask for deportation expenses from one of the aliens committing the offense or from all of them. However , if the alien concerned wishes to go by and other conveyance or by an other route, at his own expense , the competent official may permit him to do so.
Section 56 : In the case where there is an exemption from a visa for the alien, under section 12 (1), and the alien has shown the competent official a ticket or any travel document of the owner of the conveyance or the person in charge of the conveyance or evidence of any other person, in accordance with the condition as prescribed in the Ministerial Regulations, for the purpose of deporting from the Kingdom of such alien, the competent official shall have power to order the owner of the conveyance , the person in charge of the conveyance , or the person issuing a ticket, document or evidence , as the case may be, not to cancel, return of alter the important vital statement on the said ticket, document or evidence, with or without any conditions.
The order under Para.1 can be done by attaching to or by stamping in the said ticket, document or evidence, when the competent official has ordered, if here is cancellation , return or alternation of the important vital statement in the said ticket, document or evidence , finding it difference from the order given by the competent official, the competent official shall have power to order the owner of the conveyance , the person in charge of the conveyance, or the person issuing a ticket , document or evidence , as the case may be , to conform with the former condition as indicated on the ticket, document or evidence, for the purpose of deportation.