Key Takeaways
- A new Office of the Prime Minister Regulation on Deportation B.E. 2569, published in the Royal Gazette on 27 August 2026, took effect on 28 August 2026. It is Thailand's first dedicated procedural framework for deportation under the Deportation Act B.E. 2499.
- Foreign nationals convicted of illegal entry or stay, illegal work, illegal business operation under the Foreign Business Act, document forgery, or any offense carrying imprisonment of five years or more may be deported by order of the Minister of Interior after serving their sentence, with a possible re-entry ban.
- A separate, broader ground allows deportation of foreign nationals whose conduct is contrary to public order or good morals, without a criminal conviction.
- Principals, instigators, and supporters of the listed offenses are expressly covered, a point of particular significance for nominee shareholding arrangements.
- Foreign residents and investors should treat immigration, work-permit, and foreign-business compliance as carrying materially higher stakes than before.
What Happened
On 27 August 2026, the Royal Gazette published the Office of the Prime Minister Regulation on Deportation B.E. 2569 (ระเบียบสำนักนายกรัฐมนตรี ว่าด้วยการเนรเทศ พ.ศ. 2569), issued under Section 11(8) of the State Administration of the Kingdom Act B.E. 2534 with Cabinet approval. The Regulation took effect the day after publication.
Thailand has had a Deportation Act since B.E. 2499, but no operating procedure existed for applying it, and deportation in practice ran almost entirely through removal under the Immigration Act. The new Regulation changes that. It builds a working pipeline between the Corrections Department, the Ministry of Interior, and the courts, with the Minister of Interior as the deciding authority.
The Two Deportation Tracks
Conviction-based deportation. Under Clause 5, once a foreign national has served a final sentence and is released, the Minister of Interior may order deportation where the offense falls into any of six categories:
- Illegal entry or stay under the immigration law
- Working in violation of the foreigners' working management law
- Operating a business in violation of the Foreign Business Act
- Forging or using forged official documents
- Any offense punishable by imprisonment of five years or more
- Acting as a principal, instigator, or supporter of any of the foregoing.
The Corrections Department must notify the Ministry of Interior at least fifteen days before releasing a qualifying prisoner, and the courts will notify the Ministry even where a sentence is suspended or only a fine is imposed. A deportation order may prescribe a period during which re-entry into Thailand is prohibited.
Conduct-based deportation. Clause 4 goes further. A foreign national whose behavior is contrary to public order, good morals, or the wellbeing of the public may be reported by the Permanent Secretary for Interior to the Minister for a deportation order. No conviction is required, and the provision extends to those who instigate or support such conduct. The breadth of this ground gives the administration considerable discretion, and how it will be applied in practice remains to be seen.
The Regulation directs that deportation orders take account of Thailand's obligations under international law, and it establishes a diplomatic-channel mechanism, with strict timelines, for another state or international organization to receive a deportee where there is a risk of torture, inhuman treatment, or enforced disappearance.
Why This Matters to Foreign Investors
The inclusion of Foreign Business Act offenses is the development businesses should read twice. A foreign national convicted in connection with an unlawful nominee arrangement now faces not only the criminal penalties under Section 36 of the FBA but a structured path to deportation and a possible re-entry ban. The express coverage of supporters and instigators widens that exposure to those who arrange or facilitate such structures. Taken together with the Department of Business Development's tightened registration requirements in force since 1 August 2026, the message of Thai enforcement policy in 2026 is consistent: nominee structures are being pursued from both the corporate registry and, now, the immigration consequence side.
For individuals, offenses that were once treated as administrative inconveniences, such as unauthorized work outside the scope of a work permit, now sit within a formal deportation pipeline.
Practical Recommendations
Foreign-owned businesses should review their shareholding structures and confirm that Thai shareholders hold genuine, verifiable investments. Foreign employees should confirm that their actual duties match the scope of their work permits. Employers should audit the immigration status of foreign staff, since an overstay or unauthorized work conviction now carries consequences beyond fines. Where any doubt exists, the time to regularize is before enforcement arrives, not after.
Dej-Udom & Associates advises foreign investors and residents on immigration compliance, Foreign Business Act structuring, and the lawful cure of legacy shareholding arrangements. We would be pleased to assist with a compliance review.
This article is for general informational purposes only and does not constitute legal advice. For specific guidance, please contact Dej-Udom & Associates at [email protected].