Integrity Legal

Archive for May, 2018

5th May 2018

For at least 2 years, Thai immigration officials have been ramping up their efforts to improve Immigration and visa policy. We have seen a substantial change in the attitude toward Thai tourist visa issuance as well as Immigration protocols associated therewith. This has especially been the case where those foreigners utilizing tourist visas are suspected of using such travel documents in order to live and work illegally in the Kingdom. Meanwhile, changes to the rules regarding so called “Visa runs”or “border runs” have resulted, as a practical matter, in an immigration apparatus that operates in a wholly different way than it once did.

While the above paragraph describes the changes in the laws, rules, and regulations related to Thai visas, it does not speak to issues involving enforcement of immigration law in the Kingdom as enforcement measures had largely remained unchanged during the time of the legal transitions discussed above: until recently. While the “Good Guys in Bad Guys Out” initiative describes a change in paradigm within the institutions charged with maintaining Thailand’s Immigration apparatus, the “Operation Outlaw Foreigner” and “Operation X-Ray Outlaw Foreigner” programs represent concrete steps taken by Immigration law enforcement officials to confront visa violators and deal with them accordingly. In recent months, an unprecedented number of raids at unprecedented types of venues have taken place in an effort to track down foreigners who are overstaying in Thailand or utilizing visas otherwise meant for recreational pursuits in Thailand to engage in unauthorized employment or as a means for undertaking criminal activity in the Kingdom. These raids have resulted in the arrest and deportation of thousands of foreign nationals.

In the rather recent past, those who maintained lawful non-immigrant status in the Kingdom could generally breathe easily knowing that Immigration officials’ primary targets in immigration crackdowns were: those in the country in overstay status, pretextual tourist visa status, or prolonged visa exemption status. However, recent weeks have shown that immigration officials are placing increased scrutiny upon those who could be considered otherwise lawfully present in the Kingdom on a non-immigrant Education visa. ED visas have been used by many to remain in the Kingdom in order to pursue a course of study. However, Immigration authorities seem to be increasingly of the opinion that such travel documents are being used as a pretext for living in the Kingdom and that the educational endeavor is in fact a sham. Whether this assumption is warranted likely depends upon the underlying circumstances, but this is not the point. Instead, it should be noted that scrutiny such as this represents a substantial change in mindset with respect to immigration officers as such individuals were, at one time, generally satisfied when a non-immigrant visa was produced, but it now seems as though such providence may no longer suffice when attempting to terminate an investigation into one’s status as providence of an ED visa may result in further scrutiny and possible revocation of the visa if it is determined that it is being used as a pretext.

A final noteworthy development: it seems that immigration authorities are now collecting relevant bio-metric data from those foreigners apprehended in the Kingdom for Immigration or criminal violations. In fact, it has been reported that fingerprints, facial recognition, and even DNA collection protocols may be utilized to create a database to track those who have been processed through the immigration system in an effort to track and likely enforce blacklisting measures prospectively.

Those reading this posting are well advised to note that the official attitude toward Immigration matters in Thailand has changed. The once lax enforcement attitude is a thing of the past and if recent reports are any indication, it seems likely that the immigration system will be increasingly stringent in the future.

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