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Thailand Immigration Legal Questions answered by Lawyers

Browse our 8 legal questions about Immigration in Thailand and the lawyer answers, or ask your own questions for free.

Company transfer and name change
Immigration
Business
Yes, transferring an existing Thai company to another person and changing ownership is possible. This is done through a share transfer process, where the current shareholder(s) legally transfer their shares to the new owner. Once the transfer is completed, you can change the company director and update the company records with the Department of Business Development (DBD).Procedure Overview – Company Transfer & Name Change:Share Transfer Agreement – The outgoing shareholder signs a document to transfer their shares to the new owner.Update Shareholder List – The company updates its shareholder register and issues new share certificates.Director Change (if needed) – If the new owner also becomes the director, a board resolution and form for DBD filing must be prepared.Update Company Name (optional) – If you want to change the company’s name, this is a separate process requiring shareholder approval and DBD filing.Submit to DBD – All updated documents are filed with the DBD to finalize the change.Estimated Costs:Share Transfer & DBD Filing: THB 6,000 – 12,000 (depending on the complexity and whether legal assistance is used)Name Change Filing: ~THB 3,000Legal Service (if needed): THB 10,000 – 25,000 (approx.)
Can you assist with getting a one year special visa in Thailand?
Immigration
Given your husband's ongoing medical treatment in Thailand, the Destination Thailand Visa (DTV) could be a suitable option for long-term stay, as it allows for up to 5 years with annual renewals.Your husband may apply under the DTV (Softpower Category), provided you can demonstrate his need for ongoing medical care in Thailand. As his spouse, you may also apply as a DTV dependent, allowing you to stay in Thailand for the same duration.DTV Application Process & RequirementsFor the DTV, your husband will need to provide:A medical certificate from a recognized Thai hospital confirming the need for ongoing treatment.Proof of financial stability (500,000 THB per applicant in savings or equivalent in foreign currency).A valid passport with at least 6 months validity.For the DTV Dependent Visa, you will need:A marriage certificate as proof of relationship.Financial documents to show sufficient funds for your stay.Important: The Application Must Be Submitted Outside ThailandThe DTV application must be submitted at a Thai embassy or consulate outside of Thailand, and you will need to remain outside the country while awaiting approval. Processing typically takes 1–4 weeks, depending on the embassy handling the application.Let us know how you'd like to proceed, and we’ll be happy to assist.Best regards,Siam Legal – DTV Teaminfo@siam-legal.com
Wills and Testaments
Will & Testament
Immigration
Hello,You should make a separate will for your assets in Thailand only.For further details, please email me at valentin@gam-legalalliance.com Thank you.Best regards,Valentin Declercq

About Immigration Law in Bang Khun Thian, Thailand

Bang Khun Thian is a coastal district on the southwestern edge of Bangkok. Residents and businesses in Bang Khun Thian handle most immigration matters through Bangkok Immigration Division 1 at the Government Complex on Chaeng Watthana Road, along with certain specialized centers in central Bangkok. Thailand’s immigration system is national, so the same rules apply across districts, but the way those rules are administered locally matters for scheduling, document delivery, and inspections.

Thailand’s core immigration framework is set out in the Immigration Act B.E. 2522 and subsequent amendments. Common stay categories include tourist visas, visa exemption entries for certain nationalities, and Non-Immigrant visas such as B for business and employment, O for family, O-A and O-X for retirees, ED for education, and specialized tracks like SMART Visa and the Long-Term Resident visa. Foreigners who work in Thailand generally need both the correct immigration status and a work permit or a qualifying work-permit exemption under specific programs.

Key obligations include staying within your permitted activities, reporting your address every 90 days if you remain in Thailand on a long-term basis, ensuring that your host files the TM30 address notification, and obtaining a re-entry permit before leaving the country if you want to keep a long-stay permission active. Overstays can result in fines, detention, and multi-year bans. Because immigration rules and internal policies evolve, careful planning and reliable advice are important.

Why You May Need a Lawyer

Many people in Bang Khun Thian seek legal assistance for immigration because procedures can be technical, documents must be precise, and timing is critical. A lawyer can help you choose the correct visa path, prepare compliant paperwork, anticipate issues, and communicate with authorities. Common situations where legal help adds value include preparing an initial Non-Immigrant B visa and work permit package for a new job, obtaining or renewing a marriage or retirement extension of stay and proving financial criteria, changing status inside Thailand or appealing a visa refusal, coordinating BOI, SMART Visa, or LTR visa strategies for executives and specialists, regularizing an overstay or addressing entry bans, handling employer or landlord compliance such as TM30 notifications and inspection readiness, filing permanent residency applications and preparing tax and police certificates, and advising when criminal, family, or business issues intersect with immigration status.

Local Laws Overview

Entry and stay categories. Most foreign nationals enter either visa-exempt for short stays or with a visa issued by a Thai embassy or consulate. Longer stays typically rely on Non-Immigrant categories such as B for work and business, O for family, ED for study, O-A or O-X for retirement, SMART Visa for targeted industries, or LTR visa for eligible investors, professionals, and remote workers. Each category limits what you can do in Thailand and sets renewal conditions.

Work authorization. Working requires legal permission. In most cases you need a Non-Immigrant B visa plus a work permit issued by the Ministry of Labour. Some programs, such as SMART Visa or certain BOI promoted roles, provide streamlined work authorization or limited exemptions from a separate work permit. Employers must qualify under Thai rules, which include minimum capital and Thai staff ratios in many cases.

90 day reporting. Foreigners staying on long-term permissions must confirm their current address every 90 days with Immigration using the 90 day report. This can be done in person, by authorized representative, by mail, or online if the system accepts your case. Missing the due date can result in a fine.

TM30 host notification. Landlords, hotels, and property owners must notify Immigration of a foreigner’s stay at a Thai address, typically within 24 hours of arrival, using the TM30 system. This requirement applies in Bangkok, including Bang Khun Thian. Lack of a current TM30 record can cause problems when you file for extensions, 90 day reports, or re-entry permits.

Re-entry permits. If you hold an extension of stay and you plan to travel, you need a re-entry permit to keep your permission valid when you return. Without it, your extension may be canceled on departure. Re-entry permits can be single or multiple and are obtained from Immigration or at some airports before leaving.

Overstay penalties. Overstaying triggers fines and can lead to detention and bans from re-entering Thailand. Fines typically accrue per day up to a capped amount, and longer overstays can result in multi-year bans. Penalty policies are strictly enforced. When in doubt, exit or regularize before your permission expires.

Permanent residency and citizenship. Permanent residency is available under annual quotas for eligible applicants who meet residence, income, tax, and Thai language benchmarks. Naturalization to Thai citizenship is possible under the Nationality Act for qualifying long-term residents. Both processes are document heavy and time sensitive.

Bangkok-specific practice. Residents of Bang Khun Thian will normally use Immigration Division 1 at Chaeng Watthana for extensions, re-entry permits, 90 day reporting, and many other services. Some corporate cases go through the One Stop Service Center for Visa and Work Permit. Procedures, queues, and document checklists can vary by unit, so plan ahead.

Frequently Asked Questions

Where do I handle immigration matters if I live in Bang Khun Thian

Most individual cases are processed at Bangkok Immigration Division 1 at the Government Complex on Chaeng Watthana Road. Certain corporate and BOI cases use the One Stop Service Center for Visa and Work Permit in central Bangkok. You can also submit 90 day reports online or by mail if eligible.

What is the difference between a visa, permission to stay, and a re-entry permit

A visa is an entry document issued by a Thai embassy or consulate. Permission to stay is the stamp or extension Immigration grants inside Thailand that sets your exit deadline. A re-entry permit lets you leave and return without canceling a valid permission to stay. Without a re-entry permit, an extension usually ends when you depart.

Can I work in Bang Khun Thian on a tourist or visa-exempt entry

No. Working requires the correct immigration category and legal work authorization. Most workers need a Non-Immigrant B visa and a work permit, unless they hold a qualifying SMART Visa or are covered by a specific exemption. Unauthorized work risks fines, deportation, and employer penalties.

How does the 90 day report work

If you remain in Thailand for 90 consecutive days, you must confirm your current address with Immigration on or before the due date. You can file in person, by authorized representative, by mail, or online when available. Each time you depart and re-enter, the 90 day clock resets.

What is TM30 and who is responsible for it

TM30 is the host’s obligation to notify Immigration about a foreigner’s stay at a Thai address. Hotels file automatically. Private landlords and property owners in Bang Khun Thian must file when a foreign tenant arrives or returns. While the obligation is on the host, Immigration may require proof of a current TM30 record when you file your own applications.

What are the main options for family based or retirement stays

Marriage to a Thai national supports an extension of stay under the Non-Immigrant O category if financial thresholds are met. Retirement options include O-A and O based retiree extensions, with age, income or deposit, and sometimes health insurance requirements. Financial criteria and insurance rules can differ by category, so confirm the current standard before applying.

What happens if I overstay my permission to stay

You are subject to fines and possible detention. Longer or serious overstays can lead to multi-year re-entry bans. It is safer to extend on time, exit and re-enter as needed, or consult a lawyer early if you cannot meet a deadline.

Can I change my visa type inside Thailand

In some cases you can change status at Immigration Division 1 without leaving the country, for example from tourist to Non-Immigrant B or O, if you meet eligibility and submit a complete package before your current permission expires. Not all changes are allowed in country. Timing and document precision are critical.

How do BOI, SMART Visa, and LTR programs help professionals and investors

These programs can streamline long-stay permission, facilitate work authorization, and offer benefits for qualifying industries and roles. Requirements include specific qualifications, investment or income thresholds, and employer or project eligibility. Pre-approval from the relevant agency is typically required before Immigration processing.

How do I keep my extension when traveling abroad

Obtain a single or multiple re-entry permit before departing Thailand. Present it when you leave and return so your existing permission to stay remains valid through its original end date. Without it, your extension can be canceled on exit and you may re-enter only on a new entry basis.

Additional Resources

Immigration Bureau - Immigration Division 1, Government Complex Chaeng Watthana. Main office for most Bangkok immigration services, including extensions of stay, re-entry permits, 90 day reporting, and certain change of status applications.

One Stop Service Center for Visa and Work Permit, Chamchuri Square. Consolidated processing for eligible companies and BOI related cases, including visas and work permits.

Ministry of Labour - Department of Employment. Issues and manages work permits and provides guidance on employer compliance for foreign workers in Bangkok.

Thailand Board of Investment - Investment promotion and work authorization support. Offers BOI privileges and coordinates with immigration for qualifying companies and experts.

Department of Consular Affairs, Ministry of Foreign Affairs, Chaeng Watthana. Handles legalization of documents and provides guidance related to visas issued abroad.

Khet Bang Khun Thian District Office. Local office for civil registrations such as marriage and residence records that often support immigration filings.

Your embassy or consulate in Bangkok. Provides passport services, police certificates, and consular assistance that may be required for immigration applications.

Reputable translation and legalization providers in Bangkok. Certified Thai to foreign language and foreign language to Thai translations are often required for marriage, birth, and corporate documents.

Next Steps

Define your goal. Decide whether you need work authorization, family based stay, retirement, study, or an investor or professional program. Your path determines the document list and timing.

Audit your timeline. Check passport validity, current permission expiry, notice periods with your employer or landlord, and any travel plans. Build in buffer time for translations and police or tax certificates.

Gather documents early. Typical items include passport biodata copy, current entry and extension stamps, TM6 or equivalent arrival record if applicable, updated TM30 record, photos, proof of residence in Bang Khun Thian, financial statements, employment letters, corporate documents, marriage or birth certificates, and insurance where required.

Choose the right filing venue. For Bang Khun Thian residents, plan for Immigration Division 1 at Chaeng Watthana unless your case qualifies for the One Stop Service Center. Confirm whether your 90 day report can be filed online or by mail.

Maintain compliance. Keep 90 day reporting dates, extension deadlines, and re-entry permits on a calendar. Ensure your landlord files TM30 when you change or return to your address. Avoid any work activity until your authorization is in place.

Consult a lawyer. A local immigration lawyer can assess eligibility, solve documentary gaps, prepare forms, and represent you at appointments. This is especially important for change of status, overstay issues, BOI or SMART cases, or permanent residency filings.

Monitor rule changes. Thai immigration policies and operational practices can change quickly. Reconfirm requirements close to your appointment date to avoid surprises.

Keep records. Retain copies of every receipt, application, and approval. Bring originals and one set of copies to every appointment. Having organized files can reduce processing time and stress.

If you are unsure at any step, seek professional guidance before your permission expires. Early action in Bang Khun Thian is easier than last minute fixes at the citywide offices.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.