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Visa for family members of a foreigner who has been permitted a temporary stay in the Kingdom of Thailand

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Visa for family members of a foreigner who has been permitted a temporary stay in the Kingdom of Thailand

Issuance of a Non-Immigrant Visa Category O for family members to stay with a foreigner in Thailand is based on humanitarian reasons. This is because Thai law encourages  foreigner’s family members to stay together as a family unit. However, such visa category only includes immediate family members of a foreigner’s family, i.e. father, mother, children, adopted children and children of a spouse. Such family member is required to apply for a visa to stay with the foreigner who legally holds a visa to stay in Thailand, after such family member has entered  Thailand with a legal visa. The visa term for a family member is generally one year with the option to renew each year. Nevertheless, such visa terms also depend on the visa of the main foreigner i.e. if the main foreigner has a visa valid for only six months, then visas for his/her family members will not be longer than six months.

Under the Order of the Immigration Bureau No. 229/2564 dated 2 August 2021, which was published in the Government Gazette dated 6 September 2021 (the “Order”),  foreigner’s family members who have visas to enter Thailand (other than Non-Immigrant Visa Category O) may change their visa category to be Non-Immigrant Visa Category O for family purposes if the main foreigner is holding a legal and valid visa for the following purposes:

  • (1) Diplomatic or Consular Missions;
  • (2) Performance of official duties;
  • (3) Business;
  • (4) Investments as approved by the relevant Ministries and departments thereof;
  • (5) Investments or activities relating to investments subject to provisions of laws on investment promotion;
  • (6) Education or observation;
  • (7) Mass media duties;
  • (8) Missionary work under the approval of the relevant Ministries and departments thereof;
  • (9) Scientific research or teacher training in a research or educational institute in Thailand; and
  • (10) Practicing of skilled craftsmen or specialists.

In this regard, such family member(s) is/are required to have the following conditions:

  • 1) Have proof of immediate family relationship;
  • 2) In the case of the spouse of the main foreigner, he/she must be both de jure (a state of affairs that is in accordance with law, i.e. that is officially sanctioned) and de facto (a state of affairs that is true in fact, but that is not officially sanctioned); or
  • 3) In the case of a child, adopted child and child of a spouse of the main foreigner, such person must not be married and his/her age must not be over 20 years; or
  • 4) In the case of the mother and father of the main foreigner, his/ her age must not be less than 50 years, except in the case where the main foreigner holds a visa for education or observation purposes. In such a case, the mother and father’s ages will not be considered.

This Order is effective as of 2 August 2021.

In summary, the Order also supports the family unit by allowing foreigner’s family members who have visas to enter Thailand may change their visa category to be Non-Immigrant Visa Category O for family purposes which will be valid for one year with the option to renew each year. Especially father and/or mother of the main foreigner holding a visa for education or observation purposes, the father and/or mother may change his/her visa to be Non-Immigrant Visa Category O without considering his/her age.

This is intended merely to provide a regulatory overview and not to be comprehensive, nor to provide legal advice. Should you have any questions on this or on other areas of law, please do not hesitate to contact:

Nuttaros Tangprasitti
Partner

Siriwan Nopareporn
Attorney-at-Law