Integrity Legal

In recent weeks there seems to have been some confusion related to the issue of overstaying one’s visa in Thailand. It would appear that there was a certain amount of consternation being created as a result of postings on the internet discussing Thai Immigration policies regarding overstay. Apparently, Thai Immigration authorities are heavily scrutinizing departing foreigners’ visas to ensure that those leaving the Kingdom of Thailand remained in lawful status for the duration of their stay and those not in lawful status at the time of departure must face legal consequences in the form of fines and possible incarceration. Penalties for overstay in Thailand have always been prescribed by relevant Thai Immigration law, but confusion seems to have arisen as a result of a posting on the internet stating that Thai Immigration procedures would be changing. However, the Phuket Gazette website phuketgazette.net subsequently reported that such speculation was incorrect. To quote directly from the Phuket Gazette:

Col Panuwat today told the Gazette, “I contacted the legal department at Immigration Bureau Headquarters on Soi Suan Plu in Bangkok, the Phuket Airport Immigration Superintendent and other authorities as well.”

“All have assured me that they are still following all the terms of the Immigration Act 1979, enacted on February 29 that year,” he said.

Under the Act, “any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both.”

Penalties for Immigration violators can be rather severe, but in many cases individuals find that they have overstayed their visa by a matter of days. In a situation similar to this it is reasonable to believe that Immigration officers are unlikely to impose more than a fine on the offending party as they depart Thailand of their own accord. However, as the duration of one’s unlawful presence increases so too could one assume that the potential penalties might increase as well. Bearing that in mind, those pondering the overstay issue are wise to note that Royal Thai Immigration Officers have significant discretion in matters involving visas, admission to Thailand, and overstay in Thailand. As the aforementioned posting went on to note:

The Phuket Gazette notes that Immigration officers at checkpoints have always had complete discretion on what punitive measures to take with overstays, as specified above.

They can also deny entry to anyone arriving at a border checkpoint for any reason, even if the person arriving is in possession of a valid visa.

In the United States, Immigration matters are generally dealt with under Congressional plenary power and Immigration officers at the United States Customs and Border Protection Service (USCBP) are empowered with the authority to place prospective entrants into expedited removal proceedings or to simply deny a foreign national, even if said individual has a valid visa, admission to the USA. Thailand’s immigration rules are different from those of the United States, but one thing remains constant: Immigration Officers at any checkpoint throughout Thailand retain a great deal of discretion in matters pertaining to overstay under Thai law. Therefore, foreign nationals in Thailand should expect for overstay matters to be handled on a cases by case basis as each case is unique and no one has a right to remain in the Kingdom of Thailand without being in lawful status.

For related information please see: Thailand visa or I-601 waiver.

Tags: expedited removal, Overstay in Thailand, Plenary Power, Royal Thai Immigration, Royal Thai Immigration Police, Thai Visa, Thai Visa Overstay, Thai Visas, Thailand Immigration, Thailand Visa, Thailand Visa Overstay, Visa Overstay in Thailand
Posted in I-601 Waiver, Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, USCBP | No Comments »

Recently, the website Thaivisa.com has reported that the Thai Ministry of Foreign Affairs has announced that the Tourist visa waiver program will be extended. The following is a direct quote from Thaivisa.com:

“Thailand extends tourist visa fee exemption scheme until 31 March 2011

BANGKOK: — The Royal Thai Government has extended the tourist visa fee exemption scheme that had expired in March 2010. As a result of the decision, foreign citizens that qualify for a tourist visa are not subjected to a visa fee. The exemption scheme will be in effect from 11 May 2010 until 31 March 2011 (the fee exemption is not extended to other types of visas).

For further information please contact the Consular Department, Ministry of Foreign Affairs of Thailand (662-981-7171)or the Royal Thai Missions or visit Visas and Travel Documents webpage.”

Although the impact of this program remains to be seen it can be assumed that this can only benefit the Thai Tourism sector, particularly in light of the recent disturbances in Bangkok. Hopefully, this fee waiver, along with a concerted effort by Thai Tourism authorities will lead to an increase in the annual number of tourists traveling to the Kingdom of Thailand.

It should be noted that this will likely not have any impact upon the fees associated with other categories such as the O visa and the ED visa. However, business travelers to Thailand still seem to be applying for the Thai business visa with the same frequency as was the case prior to the recent slump of travelers to Thailand.

Those interested in obtaining a Thai tourist visa should contact the nearest Royal Thai Embassy or Consulate. In the immediate vicinity of the Kingdom of Thailand the most popular destinations for “visa runs” are Laos, Malaysia, and Myanmar. Although Cambodia is a frequent destination for Thai visa runners it is not generally the location of choice for those wishing to obtain a new visa, but is instead rather popular for those who simply wish to travel to the border and get stamped in and out of Thailand.

The Royal Thai Consulate in Penang was once a popular locale for “visa runs,” but fewer visa runners seem to be using this post since they seem to only allow issuance of one Tourist visa per applicant. Recently the Thai Embassy Kuala Lumpur began requiring a that applicants have a work permit with a rather lengthy period of validity remaining  when applying for a 1 year Thailand business visa. This has caused many who seek 1 year Thai visas to opt to seek such travel documents at other Consulates.

For further information please see: Thailand Tourist visa.

Tags: Thai Business Visa, Thai Consulate Penang, Thai ED Visa, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand Embassy Kuala Lumpur, Thailand Visa
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa, Upcoming Legislation | 16 Comments »

In previous posts, this author has discussed visa runs and border runs. Another common method of obtaining lawful status in the form of a Thai visa is by traveling to Thai Embassies and Consulates outside of the Kingdom of Thailand. This can be a difficult endeavor for some, but the difficulty can be increased as Embassies and Consulates change their internal rules frequently. This is a by-product of doctrines similar to that of Consular Absolutism also known as Consular NonReviewability. This doctrine states, in a nutshell, that Consular Officers are given wide latitude to use their own discretion when making factual determinations about visa issuance.

Recently, this author has learned that the Royal Thai Embassy Kuala Lumpur will no longer issue the 1 year multiple entry Thai business visa to those with a work permit that is valid for less than 7 months. In the past, it was routine to see the 1 year Thailand business visa issued to those with a valid work permit regardless of the duration of its validity. Now, it seems that only a 90 day business visa will be granted to those with a Thai work permit that is valid for less than 7 months.

In recent years, the Thailand work permit and the Thailand visa have been effectively “decoupled” in the sense that one is no longer necessarily dependent upon the other. For a long period of time one had to have a work permit in order to obtain a Thai visa extension. Once that extension was obtained one needed to then extend the work permit so that the two documents’ validity were in sync. This has changed as the Ministry of Labour is more apt to grant a 1 year work permit to first time applicants and then the applicant can easily obtain a visa extension. The side effect of this system is that Thai Embassies and Consulates are increasingly less willing to issue one year Thai visas since their personnel view the decision regarding issuance of such a long term travel document ought to be made by the Royal Thai Immigration Police in the Kingdom of Thailand.

When analyzed, this policy makes sense as the Royal Thai Immigration Police in Thailand are often better equipped to adjudicate visa extension requests. However, there are often very compelling reasons why an applicant would wish to obtain a 1 year multiple entry visa from outside of Thailand. One notable reason, such a travel document would not require the issuance of a Thai Reentry Permit as would be necessary if a one year visa extension were issued.

It should be noted that each Thai Consular and/or Diplomatic Post has a different set of rules with regard to visa issuance so what is the rule at one post may not be the same at another.

Tags: Consular Absolutism, Consular Nonreviewability, Royal Thai Embassy, Royal Thai Embassy Kuala Lumpur, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai Immigration, Thai Visa, Thai Visas, Thai Work Permit, Thailand Embassy Kuala Lumpur, Thailand Immigration, Thailand Visa, Thailand Visas, Thailand Work Permit, Visa Thailand, work permit Thailand
Posted in Legal Opinion, Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa | No Comments »

As readers of this blog may recall from a previous post, the Thai authorities recently announced that the fee waiver for Thai tourist visas was ending in March of this year. However, ThaiVisa.com has recently reported that the tourist visa waiver program is to be re-instituted in April of this year. Apparently, the positive impact upon the tourism sector is one of the underlying reasons for the extension of this program:

“Less than one month after Thailand’s Ministry of Foreign Affairs informed Thaivisa.com that the free tourist visa scheme would end on March 5, 2010, the Thailand Government has announced the tourism stimulus package will continue for another year, including $US10,000 in free riot insurance for tourists. The extension of the tourism industry stimulus package was approved by the cabinet today, March 2, 2010 in response to a request from the Ministry of Tourism and Sports. The extension will be effective from April 1, 2010 and go through to March 31, 2011 and appears to leave a three and a half week window in which tourist visas for Thailand will be charged for.”

As some may recall from another previous post on this blog, many Royal Thai Embassies, Consulates, and  Honorary Consuls around the world were unhappy with the no-cost tourist visa scheme as the funds previously accrued from processing tourist visas were no longer being paid. How this recent announcement will impact the Honorary Consulates as well as the Embassies and Consulates-General remains to be seen.

Another interesting aspect of the recent announcement is the fact that foreign nationals are also to be provided with no-cost riot insurance as part of this new program to revitalize the Thai tourist industry. To further quote from ThaiVisa.com:

“The $10,000 free riot insurance coverage was introduced last year and initiated by the Tourism Council of Thailand (TCT) in response to international insurance firms’ refusal to sell insurance coverage to visitors to Thailand following the 2008 closure of Thailand airports by members of the Peoples Alliance for Democracy (PAD). When the insurance coverage was first introduced last year, Kongkrit Hiranyakit, president of TCT, said the government had set aside Bt190.75 million ($US5.820 million) for the initial six month period covering May to October, 2009, with the Ministry of Tourism and Sports responsible for paying the insurance premium of $1 per visitor. The insurance policy provides for payments of up to $10,000 in the event of death, injury, and/or trip inconvenience, and appears to only cover people in possession of a 60-day tourist visa. Resident expatriates living and working in Thailand on non-immigrant visas do not appear to be covered for death, injury or inconvenience caused by riots.”

It will be interesting to see if the provision of this insurance will cause any stir among foreign residents as all of those who do not have Thai Permanent Residence are technically considered non-immigrants and therefore only “temporarily” staying in the Kingdom. This even applies to those with a Foreign Tabien Baan (also know as a Yellow Tabien Baan) as these registrations are specifically noted as “temporary.” Even though all non-residents are classified as non-immigrants, the category of the visa determines the privileges that will be extended to the visa holder. Therefore, those with a Thai business visa are entitled to file for a Thai work permit while those holding a tourist visa are not accorded that privilege. As a result, the provision of riot insurance could be viewed as as specific privilege that is only accorded to those holding certain types of Thai visas.

For further information about Thai Immigration please see: Thai visa.

Tags: Foreign Tabien Baan, Foreign Tambien Baan, Free Thai Tourist Visa, Thai Business Visa, Thai permanent residence, Thai Tourist Visa, Thai Visa, Thai Visas, Thai Work Permit, Thailand Visa, Yellow Tabien Baan, Yellow Tambien Baan
Posted in Miscellaneous, Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Property, Thailand Real Estate, Thailand Visa, Upcoming Legislation | No Comments »

Among the Expatriate Community in Thailand, one of the popular websites for up-to-the-minute information about visas and immigration issues is: Thaivisa.com. At the time of this writing Thaivisa.com is reporting that the free Thai tourist visa program is coming to an end. To quote a posting on that site directly:

“The Ministry of Foreign Affairs in Bangkok, who oversees the Royal Thai Embassies and Consulates worldwide, today confirms to Thaivisa.com that visa fees will be levied for all visa classes from March 5, 2010. Tourist visas are valid for a 60 days stay and may be extended at local Thai Immigration offices…Tourist visas has been issued free of charge since June 25, 2009 in an effort to revive the Thai travel and tourism industry.”

As stated above, the Tourist visa fee waiver program was initiated to help in reviving the beleaguered Thai tourism industry which suffered some setbacks after an airport closure and the worldwide economic downturn. It would seem that these measures have been successful in buoying the economy as the decision has been made to end the program.

This may come as a relief to the staff of Royal Thai Consulates and Embassies overseas as it has been rumored that the tourist visa fee waiver has caused an upsurge in tourist visa applications and caused a drain upon the resources of many Thai Diplomatic and Consular postings.

These authors hope that the rescission of the Thai visa fee waiver marks the beginning of an overall recovery in the Thai tourism sector as it is one of the most important facets of Thailand’s service economy. The impact that the re-imposition of the tourist visa application fee will have upon the “visa run” remains to be seen, but many believe that most visa runners will continue to opt for the tourist visa as it currently provides a significantly longer duration of status compared to land border visa exemptions which are currently only being granted for a maximum validity of 15 days.

Some have also noted that the end of the free tourist visa may result in the increased promulgation of dual entry tourist visas as Thai Consulates and Embassies are more willing to grant such travel documents because they are once again being compensated for the processing.

It should be noted that a 60 day Thai tourist visa can be extended by 30 more days if the bearer takes their passport and visa to a local Thai Immigration office and pays the extension fee. At present, the extension fee is approximately 1900 Thai baht.

For related information please see: Business Visa Thailand.

Tags: Thai Consulate, Thai Embassy, Thai Tourist Visa, Thai Visa, Thailand Consulate, Thailand Embassy, Thailand Tourist Visa, Thailand Visa
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, Upcoming Legislation | 8 Comments »

Thailand has been voted one of the top vacation destinations for those on a budget. Many believe that Thailand with its beautiful weather, captivating beaches, and incredible nightlife, is truly a modern paradise. Many look to the Kingdom of Thailand as a great place for long term tourism or as a location for retirement. No matter what one’s desires are, Thailand has something for everyone. In recent years, Immigration rules, regulations, and restrictions have made staying in Thailand for a long period of time something of a challenge. However, there are still ways in which foreigners can obtain long term visas.

For those of Canadian nationality who are thinking of remaining in Thailand long term, it may be better to obtain a Thai visa while in Canada rather than traveling to Thailand and seeking a Thai visa extension from within the Kingdom. The reason for the need for preparation is based upon the fact that Thai Immigration does allow a foreigner to enter Thailand for a period of 30 days without a visa. At the time of this writing, this rule applies to Canadian nationals. However, the fact is that the foreigner in the Kingdom in this status does not actually have a Thai visa, but instead has a Thai visa exemption. Therefore, applying for an extension in Thailand is very difficult as, legally speaking, there is no visa to extend. This scenario often creates a situation in which the foreigner must then do a “visa run” to an Embassy or Consulate outside of Thailand in order to obtain a visa and return to the Kingdom.

By obtaining a Thai visa before leaving Canada, Canadians can forestall the need for a visa run as Thai multiple entry visas can sometimes be issued with a validity of one year. Upon each entry, the foreign national using a 1 year multiple entry visa will be admitted to the Kingdom for a period of 90 days. That being said, in order for a new 90 days of lawful status to commence all the foreign national need do is leave the Kingdom and reenter. In a sense, this is a visa run, but it only occurs every 90 days rather than once every 30 or 60 days. Also, in this situation, there is no need to go to an Embassy near Thailand as the foreigner’s 90 day stamp should be granted automatically upon reentry.

Another issue that should be considered is that of employment. A 1 year multiple entry Thai business visa can be used as a basis for submitting a Thai work permit application.

Tags: 1 year Thai visa, 1 year Thailand visa, Thai Business Visa, Thai Multiple Entry Visa, Thai Visa, Thai visa 1 year, Thai visa Canada, Thai Work Permit, Thailand Business Visa, Thailand Immigration, Thailand multiple entry visa, Thailand Visa, Thailand visa 1 year, Thailand Work Permit
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa | 13 Comments »

Thailand visa issues seem to be one of the most popular topics discussed on this blog. This may be due to the fact that many people who travel to the Kingdom of Thailand find that they would prefer to remain for a long period of time. Unfortunately, obtaining a Thai long term visa seems to be getting more and more difficult as visa regulations become increasingly complex and cumbersome. That being said, there is one rule that can have a major impact upon one’s chances of obtaining a Thai visa. This rule deals with foreign passport validity.

In many cases, Thai Consular Officers working at Consulates and Embassies overseas are hesitant to provide long term visas to Thailand if the applicant’s underlying passport is not valid for the entire duration of the visa. This being said, there is a bright line rule at most Consulates: the applicant must have at least 6 months of validity left on their passport in order for any visa to be issued. However, as a practical matter Consular Officers have a great deal of discretion regarding visa issuance and short term passport validity is frowned upon. This negative attitude could translate into a Thai visa application’s denial if the officer is uncomfortable issuing a visa to the applicant based upon the totality of the circumstances.

For those interested in obtaining a Thailand visa it is wise to have a passport that is valid for at least one year. Further, some posts prefer machine readable passports as they provide an extra level of security and act as a means of preventing visa fraud because it is more difficult to forge a machine readable travel document.

As with US Consulates and Embassies, each Thai Consulate or Thai Embassy has a slightly unique procedure for processing visa applications and as a result the above information should be checked against the post policies and guidelines at the time of application. As a general rule, a Thai visa applicant would be wise to present a well-founded application along with a machine readable passport valid for more than six months, but preferably more than one year.

For Americans seeking a new passport in Thailand please contact the American Citizen Services Section of the US Embassy Bangkok as this office is primarily responsible for passport issuance to those resident in Thailand. For those living in Northern Thailand the US Consulate Chiang Mai can also assist with passport procurement for American Citizens.

Tags: 1 year Thai visa, 1 year Thailand visa, Long Term Thai Visa, Long Term Thailand Visa, passport, Thai Consulate, Thai Embassy, Thai Visa, Thailand Long Stay Visa, Thailand Long Term Visa, Thailand Visa, US Consulate Chiang Mai, us emabssy bangkok
Posted in Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand | 2 Comments »

This author has had the good fortune to witness the many different ways in which Thailand visa applications are adjudicated. Generally, the adjudication of Thai visa applications depends upon the post at which the applicant is applying.

At many of the Thai Consulates and Embassies in Southeast Asia a long term Thai visa can be difficult to obtain (long term meaning those visas issued with a validity of more than 90 days). This is likely due to the fact that many of the posts in Southeastern Asia have become used to so-called “visa runners” who use nearby Thai Consulates to obtain visas to remain in the country long term. At one time, the Royal Thai Consulate in Penang was popular among visa runners. This author recently had the opportunity to visit the Thai Consulate in Burma and was surprised to find an extremely efficient and well run post, but one that does not routinely issue visas with more validity than 90 days.

Unlike the United States, Thailand issues very few, if any, immigrant visas at Consulates and Embassies abroad. Part of this is likely due to the fact that these two Immigration systems are very different. However, another explanation could be the fact that Royal Thai Embassies and Consulates abroad may not have the capacity to handle the adjudication of Immigrant visas like a US Embassy or US Consulate. Also, Royal Thai Immigration is exclusively responsible for the adjudication of Immigrant visas (also known as Thai Permanent Residence) and such visa applications must be approved in Thailand.

Since Thai Embassies and Consulates generally only issue non-immigrant visas the next question that most people ask is: “how long are such visas valid.” This depends upon the category of the Thai visa, but Royal Thai Embassies generally have the discretion to issue visas with as much as 3 years validity. As a practical matter, the Consulate or Embassy will only issue a visa with a maximum validity of 1 year.

Some Consulates require the applicant to physically present themselves, while other allow for visas to be applied for by post. However, one should not assume that simply because the application is sent in by mail that the officer does not scrutinize the application. On the contrary, there are some who would argue that such applications are more heavily scrutinized compared to “walk in” applications.

Generally, Royal Thai Consulates post the general application requirements and it is incumbent upon the applicant to demonstrate that they meet the requirements and should therefore be granted the Thai visa. Thai tourist visas generally require the least expediture of resources on the part of the applicant. However, Thai Business visas, Thai Retirement visas, and Thai O visas can require a great deal of work in order for the applicant to obtain approval.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thailand Business Visa, Thailand Consulate, Thailand Embassy, Thailand Permanent Residence, Thailand Permanent Resident, Thailand Visa, US Consulate, US Embassy
Posted in Thailand Embassy, Thailand Embassy Myanmar, Thailand Visa, us embassy bangkok, US Embassy Thailand | No Comments »

Many people in Thailand, both foreign and Thai, choose to incorporate Thai businesses. Thailand is one of Southeast Asia’s major trading locales and as a result many individuals and business concerns need a corporate presence in the Kingdom of Thailand. In many cases, companies are incorporated with substantially similar articles of incorporation. That being said, some companies opt to incorporate with unique provisions regarding different types of shareholder rights in the corporate charter. These different types of rights can have a major impact upon the running of the business because these rights can have a collateral impact upon employee compensation, shareholder vote tabulation, and banking issues. Therefore, an understanding of share classification can be helpful to those who are thinking of incorporating a Thai company.

In the articles of association (also known as articles of incorporation) of a Thai limited company, one could denote the rights associated with different share classifications. Therefore, some shares could simply hold an equity interest in the company while not having any voting rights at shareholder meetings. Other types of shares could hold little or no equity in the company, but maintain voting rights regarding the Directors of the company. If a company owns Thai property, there could be specific shares that have certain rights in relation to the Thai property concerned. For example, a Thai company that owns Thai real estate could place special rights in the hands of certain shareholders with regard to said real estate. If a Thai company owns a Thai Condo, then share classification could be used to delineate the rights of individuals with regard to the Condo premises.

For those who are interested in Thai limited companies certified under the US-Thai Amity Treaty, these same principals could apply to an Amity Company. One shareholder could retain a sizable equity holding while another holds certain voting rights. The same could be said about a Thai limited company that has obtained a Foreign Business License. A company such as this could incorporate special shareholder rights in the provisions of the articles of association or incorporation.

These issues bleed into the realm of Thai Immigration because the shareholder in a Thai company could apply for a Thai business visa. The basis for such an application could be an impending shareholder’s meeting that the foreign national must attend. The approval of such an application would depend upon the Thai Embassy or Consulate concerned. If present in the Kingdom on another type of visa, an O visa, for example, it may be possible for the shareholder to attend a meeting in order to vote his or her shares.

Tags: Amity Treaty, Amity Treaty Company, Corporate Law, Limited Company Thailand, Shareholder Classification, Thai Company, Thai Limited Company, Thailand company, Thailand limited company, Treaty of Amity Company, US-Thai Amity Treaty, Voting Rights
Posted in Amity Treaty, Thailand Business, Thailand company, Thailand Condo, Thailand Embassy, Thailand Property, Thailand Real Estate, Thailand Visa | 22 Comments »

Work Permits can be a major issue for those engaging in non-recreational activity in Thailand. Thaivisa. com is reporting that some of those involved with the King’s Cup Regatta were worried that the Ministry of Labour and the Royal Thai Immigration Police may crackdown on foreigners participating in the Regatta. The reason for the possible crackdown was supposedly to be due to unsanctioned employment-like activity. Fortunately, as Thaivisa.com is reporting, rumors of a crackdown are unfounded as authorities have stated that no sailors will be detained for work permit violations connected with the event.

Quoting Thaivisa.com:

Rumors of an imminent crackdown on foreign sailors taking part in the King’s Cup Regatta over work permit violations are untrue, the head of Phuket Immigration has confirmed. A thread on the popular Thai Visa web forum yesterday started with the post:  ’Latest from Phuket Town… raiding King’s Cup regatta tomorrow for professional sailors without work permits….’ As Immigration Police would have to play a role in any such crackdown, the Gazette contacted Phuket Immigration Police Superintendent Col Chanatpol Yongbunjerd to see if the rumor was true; it wasn’t, and isn’t. ‘I guarantee that such arrests won’t happen,’ he said.”

Although it may seem trivial, some officials take work permit violations very seriously. As a result, some activities which foreigners consider to be “non-employment,” are used as a basis for fining or detaining individuals in the Kingdom for violations of Thai Labor law.

Immediately following the relatively recent Tsunami in Southern Thailand, many volunteers arrived to assist in relief efforts. Some of these volunteers were disturbed to be informed by Thai authorities that they were in violation of Thai labor regulations. To quote Thailandqa.com:

“‘More than 1,000 foreign volunteers from about 25 countries helping tsunami survivors rebuild shattered lives were outraged yesterday to hear they face legal action by the Labour Ministry unless they have a work permit. Sombat Boonngam-anong, director of the Chiang Rai-based Krajok Ngao Foundation, said confusion and anger reigned among the foreign volunteers at Khao Lak in Phangnga’s Takua Pa district when a Labour Ministry official told a local English-language newspaper that they were required to register with the ministry for a work permit otherwise legal action would be taken against them starting March 1.’ — Bangkok Post, 2nd March 2005, PENCHAN CHAROENSUTHIPAN”

Normally, in order for a foreign national to obtain a Thai work permit the applicant must also present a validly issued Thai visa. Many Thailand visa categories enable the bearer to apply for a work permit. However, the most optimal visa category to support a work permit is the business visa. Unfortunately, it can be difficult to obtain a Thai business visa from a Thailand Embassy or Consulate abroad and therefore many opt to stay in Thailand on tourist visas or exemption stamps. Neither of these documents, on their own, can be used as a basis for submitting a Thai work permit application. Therefore, those wishing to work in the Kingdom should seriously consider applying for a proper visa prior to arrival.

Tags: Ministry of Labor Thailand, Ministry of Labour Thailand, Thai Immigration, Thai Ministry of Labor, Thai Ministry of Labour, Thai Visa, Thai Visas, Thai Work Permit, Thailand Ministry of Labor, Thailand Ministry of Labour, Thailand Visa, Thailand Visas, Thailand Work Permit, Visa Thai, Visa Thailand, work permit Thailand
Posted in General Legal Information, Thailand Business, Thailand Embassy, Thailand Visa, Weird Law | No Comments »