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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 [email protected]
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 [email protected] Thank you.Best regards,Valentin Declercq

About Immigration Law in Thawi Watthana, Thailand

Immigration in Thawi Watthana operates under national Thai law, since Thawi Watthana is a district of Bangkok. The core rules come from the Immigration Act B.E. 2522 and subsequent regulations issued by the Immigration Bureau, along with related laws that govern employment of foreigners. While day to day life happens locally, most immigration applications for Bangkok residents, such as visa extensions, 90 day reporting, re entry permits, and changes of visa status, are handled by Immigration Division 1 at the Government Complex on Chaeng Watthana Road. Residents of Thawi Watthana typically travel there for in person services unless eligible for online or mail procedures.

Common immigration pathways include tourist visas, non immigrant visas for work, business, family, or study, long stay options such as retirement or marriage based extensions, the Long Term Resident visa program for qualifying professionals and investors, and various special programs for Board of Investment supported companies and high skill talent. Compliance tasks like TM30 address reporting by landlords and 90 day reporting by foreign residents are strictly enforced. Overstay and unauthorized employment carry heavy penalties, so planning and timely filings are essential.

Why You May Need a Lawyer

Immigration rules are detailed, time sensitive, and subject to policy updates. A lawyer can help you choose the correct visa route and keep you compliant. This is especially important if you have a complex personal situation or a tight timeline.

You may need legal help if you are switching from a tourist status to a non immigrant category for work or family, if an employer in Thawi Watthana needs to onboard you and obtain a work permit, if you must cure an overstay or an entry that used the wrong visa type, if you married a Thai spouse and want to convert to a marriage based extension, if you are retiring and must meet financial and insurance rules, if your child attends school and needs an education visa, if your landlord failed to file a TM30 and this is blocking your extension or 90 day report, or if you are facing a blacklist risk due to overstay or arrest. A lawyer can also manage translations, legalizations, and consular steps when foreign documents must be recognized in Thailand.

Local Laws Overview

The Immigration Act B.E. 2522 governs entry, stay, extensions, and deportation. Key provisions include Section 37 duties for foreign nationals such as 90 day reporting, and Section 38 duties for householders, hotel managers, and landlords to report foreign occupants, commonly known as TM30. The Immigration Bureau issues ministerial regulations and orders that detail visa categories, required documents, and discretionary criteria for extensions of stay.

For work, the primary framework is the law on managing foreign workers and related regulations from the Ministry of Labour. In most cases, work requires both the correct visa type, typically Non Immigrant B or another qualifying category, and a work permit, unless a specific program such as certain Smart Visa categories waives the work permit. Working without authorization is a serious offense for both the worker and the employer.

Overstay is penalized with daily fines up to a statutory cap and may trigger bans from re entering Thailand that increase with the length of overstay. Those who surrender voluntarily face lighter bans than those arrested on overstay. Policies on blacklisting and overstay enforcement are actively applied at Bangkok checkpoints and by local police with coordination from the Immigration Bureau.

In Bangkok, including Thawi Watthana, most in person immigration services are centralized at Immigration Division 1 on Chaeng Watthana Road. Some services can be done online or by mail, such as 90 day reporting for eligible applicants, but availability can change based on system updates or policy announcements. Arrival and departure card procedures can also change, so always verify current requirements before travel.

Frequently Asked Questions

Where do Thawi Watthana residents file immigration applications in person

Most Bangkok area applications, including for Thawi Watthana residents, are handled by Immigration Division 1 at the Government Complex on Chaeng Watthana Road. Re entry permits may also be obtained at airports before departure, but it is safer to handle them in advance at Immigration.

Can I extend a tourist visa in Bangkok

In many cases yes. Standard tourist entries and tourist visas can often be extended once for 30 days at Immigration Division 1, subject to eligibility and payment of a government fee. Bring your passport, departure card if applicable, a passport photo, and any required forms. Policies can change, so check current guidance before you go.

Do I need to report my address every 90 days

If you remain in Thailand for 90 consecutive days on a non immigrant or long stay permission, you must file a 90 day report and then again every 90 days thereafter. Travel out of Thailand resets the count. Reports can be made in person, by authorized representative, by mail, or online if the system accepts your case. Keep confirmation receipts for your records.

What is TM30 and who is responsible

TM30 is the required notification of a foreigner staying at a specific address. The duty is on the householder, owner, landlord, or hotel manager to file within the prescribed time after the foreigner arrives. Failure to file can result in fines and can cause problems for the foreigner when filing extensions or 90 day reports. Tenants should remind landlords and keep a copy of the TM30 receipt.

Can I work in Thawi Watthana on a tourist or visa exempt entry

No. Working requires proper authorization. In most situations this means a Non Immigrant B visa paired with a work permit issued by the Ministry of Labour. Some special programs, such as certain Smart Visa categories, allow work without a traditional work permit, but you must be approved under that program. Unauthorized work can lead to fines, detention, and removal.

What are the consequences of overstay in Thailand

Overstay leads to a daily fine up to a legal cap and can result in bans from re entering Thailand. Longer overstays bring longer bans, and being arrested on overstay is treated more severely than surrendering voluntarily at immigration. If you have overstayed, seek legal advice promptly to minimize penalties and to plan your departure or status correction safely.

What are the requirements for a retirement based extension

A common route is the Non Immigrant O extension based on retirement. Basic criteria include being 50 years or older and meeting financial evidence thresholds, such as a minimum amount deposited in a Thai bank account or verified monthly income, plus health insurance if required under your specific category. Evidence must be in the correct format and in many cases funds must be seasoned in the account for a set period. Requirements are strictly checked at Immigration Division 1.

How does a marriage based extension work

If married to a Thai national, you may apply for a Non Immigrant O based extension of stay for marriage. You need to show a valid marriage, cohabitation evidence, and financial proof at levels set by regulation, along with interviews and home visit checks in some cases. Processing is local to Bangkok at Immigration Division 1, and thorough documentation is important to avoid delays.

What is a re entry permit and when do I need it

A re entry permit preserves your current permission to stay when you leave and re enter Thailand. If you depart without a re entry permit, your permission to stay is usually canceled, and you will re enter on whatever new status you obtain at the border. You can apply for a single or multiple re entry permit before travel.

Can I change my visa type inside Thailand

In some cases you can apply to change status at Immigration Division 1, for example from a tourist status to a non immigrant category, if you meet eligibility rules and file before your current permission expires. Not all changes are allowed in country, and some require applying at a Thai embassy or consulate abroad. A lawyer can help map the best route and timing.

Additional Resources

Immigration Bureau, Immigration Division 1 in Bangkok handles most in person services for Thawi Watthana residents, including extensions, 90 day reporting, and re entry permits. This division also publishes forms, procedures, and announcements that affect Bangkok based applicants.

Ministry of Labour, Department of Employment oversees work permits and provides guidance for employers in Thawi Watthana who hire foreign workers. Pre approval and documentary compliance are important to align the visa and work permit timelines.

Thailand Board of Investment and the One Start One Stop Investment Center support BOI promoted companies and certain foreign experts. Qualifying companies and professionals may benefit from streamlined visas and work authorization.

Department of Consular Affairs at the Government Complex on Chaeng Watthana handles legalization of foreign documents that must be used with your immigration application, such as marriage certificates or police clearances, after they have been authenticated by your home country as required.

Royal Thai Police stations in Thawi Watthana can assist with local reporting issues or incidents involving foreigners and coordinate with the Immigration Bureau when necessary. For immigration matters, primary decision making remains with Immigration Division 1.

Official online portals are available for certain services like 90 day reporting and e extensions for eligible applicants. System availability and rules can change, so always confirm current options before relying on online filing.

Next Steps

Identify your goal and timeline, such as starting work, uniting with family, studying, or long stay retirement. Your objective will determine the best visa type and whether you can apply in Thailand or must apply abroad.

Gather core documents early. These usually include your passport, entry stamp, proof of legal address in Thawi Watthana, TM30 receipt, photos, and category specific evidence like employment letters, corporate documents, marriage or birth certificates, bank statements, income proof, and insurance policies. Non Thai documents may need translation into Thai and legalization.

Check your current permission to stay and key dates. Plan filings well before your permitted stay expires. If you need a re entry permit, apply before leaving Thailand. If you have any overstay risk, consult a lawyer immediately to address it safely.

Consult a qualified immigration lawyer or licensed advisor in Bangkok. Ask about the specific checklist for your category, processing times at Immigration Division 1, whether online filing is possible, and any risks unique to your case. A lawyer can coordinate with your employer or landlord, prepare forms, and attend with you at appointments.

Attend filings and interviews as scheduled. Keep copies of all submissions and receipts, including 90 day report confirmations and re entry permits. Monitor policy updates since procedures and eligibility criteria can change quickly.

This guide provides general information only and is not legal advice. For tailored advice about your situation in Thawi Watthana, speak with a qualified Thai immigration professional before you file.

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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.