Integrity Legal

There are certain misunderstood aspects of the Thailand Business Visa that may need to be cleared up in order to properly understand how Thai Immigration views those non-Thai nationals in possession of a Thailand B visa.

First, a Thai business visa should not be inferred to impart the right to work in Thailand. Those holding Thai B Visas (Business), must still obtain a Thai work permit before they will be allowed to enjoy employment rights. Even then, Thai law, which in this respect is similar to United States Immigration law, restricts work authorization to a specified geographic location, namely the official address of the employer. That being said, it may be possible to get a second employer stamped into one’s Thai work permit and thereby allow employment with multiple organizations by officially authorizing such employment.

One very difficult concept for many to grasp is the idea that a visa does not confer the “right” to enter the country. This causes some confusion particularly with regard to United States Immigration. A USA visa simply gives the bearer the right to seek permission to enter the United States of America.

The Kingdom of Thailand views visas and travel documents in a similar light. In fact, it may be possible to be turned away at a port of entry in Thailand even where the prospective entrant has what is otherwise considered to be a valid visa. This issue became of acute concern nearly 5 years ago when operators began springing up throughout Thailand who offered to send one’s passport out of the Kingdom and have it sent back in with a new valid visa issued from an Embassy or Consulate abroad. In this situation, even though the visas were issued legally, the Thailand Immigration authorities at the port of entry began not only turning prospective entrants away, but also nullifying visas issued to someone who was in Thailand when the visa was issued at a diplomatic post abroad.

Another common mistake regarding Thai Business visas involves the definition of “multiple entry.” Specifically, does a one year multiple entry Thai visa imply that the bearer may remain in Thailand uninterrupted without being forced to leave? Put simply: No. A Multiple entry visa holder must leave at least every 90 days in order to remain in legal immigration status in the Kingdom.  That being said, the multiple entry visa is commonly confused with the Thai visa extension. The extension allows the bearer to remain in Thailand for up to one year without being compelled to depart every 90 days.  The downside of the extension is the fact that one needs to obtain a reentry permit in order to leave the country. The multiple entry visa allows the person holding it to leave the Kingdom and return on the same visa so long as it remains valid. Hence the name, “multiple entry.”

For further information, Please see the US-Thai Treaty of Amity as certain Immigration rights are created under this bilateral agreement.

(This is not legal advice. For such advice contact an attorney. No lawyer-client relationship should be assumed to exist between author and reader.)

Tags: B Visa Thailand, Business Visa Thailand, Thai B Visa, Thai Business Visa, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand Work Permit
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I was speaking with a Thai-British Dual national recently who only just obtained documentation reflecting his Thai nationality. There are some interesting misconceptions regarding Thai Nationality. One of the first major misconceptions is the idea that one is not Thai until they obtain a Thai Identification Card or a Thai passport. In point of fact, if one is born Thai, then regardless of whether they obtained a Thai ID card, they are Thai from birth.

There is also a mistaken belief that if one is born to a Thai mother outside of Thailand, then the child is not a Thai national. Again, this is not the case. Any person born to a Thai mother is Thai. Another very interesting aspect of Thai law regarding nationality is the idea that any person born of two immigrants in Thailand is Thai. This provision should not be misconstrued, under Thai law an immigrant is one who has what we call Thai permanent residence. Therefore, a child of two Non-Immigrant visa holders (Thai B Visa, Thai O Visa, Thai ED Visa, etc.) will not be born a Thai national. However, in the past what is now known as Thai permanent residence was given out quite frequently to those entering the Kingdom and as a result, the offspring of those immigrants were given Thai nationality from birth.

After reading through the provisions of the Thai nationality act, it is clear that specific legal mechanisms were created for Thai women to renounce their Thai Citizenship. Women could renounce their citizenship if they were taking the citizenship of their foreign husband (other provisions in the act were created to allow Thai citizenship to be reclaimed after renunciation should the Thai woman deem it necessary). However, there are no provisions providing for male renunciation of Thai citizenship. This begs the question: Can a Thai-born man renounce his Thai Citizenship? The answer appears to be: No.  The policy reason behind this bar on renunciation probably stems from the fact that male Thai nationals are subject to conscription for military service. Therefore, the bar on renouncing Thai citizenship seeks to limit the ability of those who may wish to avoid military service, but it creates some confusing scenarios where a Thai man seeks to obtain another nationality. There are certain countries that require renunciation of one’s prior citizenship before naturalization, but where the Thais do not recognize the renunciation it creates a situation in which a person is unable to renounce his citizenship. This then creates a precarious legal predicament because if one is required to renounce previous citizenship, but cannot do so, does this bar them from taking another citizenship?

(None of this post should be considered legal advice. For such advice contact an Attorney. No relationship with an attorney is formed by reading this post.)

Tags: Thai Citizenship, Thai Immigration, Thai Nationality, Thailand Permanent Residence
Posted in General Legal Information, Thailand Visa, Weird Law | 1 Comment »

Travelers coming to Thailand have different Thai visa options depending upon the passport they hold. Some people will be granted a visa exemption upon arrival in the Kingdom while others may be granted an actual visa when they arrive. The validity of this extension can vary depending upon relations between the passport holder’s home country and the Kingdom of Thailand. Below are lists of countries and the special Thai Immigration privileges accorded to their nationals. For those thinking of traveling to Thailand it is probably wise to double check the visa rules before coming to Thailand as Thai Immigration regulations can change relatively quickly. As a result, the information contained below can become out of date.

Passport holders from the following countries shall be entitled to apply for a 15 day visa on arrival in Thailand:

Bhutan, China, Cyprus, Czech Republic, Estonia, Hungary, India, Kazakhstan, Latvia, Liechtenstein, Lithuania, Maldives, Mauritius, Oman, Poland, Russia, Saudi Arabia, Slovakia, Slovenia, Taiwan, Ukraine, Australia.

Passport holders from this list of countries may enter Thailand on a 30 day visa exemption:

Australia, Austria, Belgium, Bahrain, Brunei, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Luxembourg, Malaysia, Monaco, The Netherlands, New Zealand, Norway, Oman, The Philippines, Portugal, Qatar, Singapore, Spain, South Africa, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States of America, Vietnam

Passport holders from this list of countries may enter Thailand on a 90 day visa exemption:

Peru, Brazil, The Republic of Korea

Passport holders from these countries may enter Thailand for 30 days without a visa based upon a bilateral Treaty or Agreement with the Kingdom of Thailand:

Hong Kong, Laos, Macau, Mongolia, Russia, Vietnam

Passport holders from these countries may enter Thailand for 90 days without a visa based upon a bilateral Treaty or Agreement with the Kingdom of Thailand:

Argentina, Brazil, Chile, The Republic of Korea, Peru

Holders of Diplomatic Passports from the following countries may enter and remain in the Kingdom of Thailand without a visa:

Cambodia, China, Hong Kong, Laos, Macau, Mongolia, Myanmar, Oman, Vietnam

Holders of Diplomatic Passports from these countries may enter and remain in Thailand for 90 days without obtaining a visa:

Argentina, Austria, Belgium, Bhutan, Brazil, Chile, Costa Rica, Croatia, Czech Republic, Germany, Hungary, India, Israel, Italy, Japan, Republic of Korea, Luxembourg, Malaysia, Mexico, The Netherlands, Nepal, Panama, Peru, The Philippines, Poland, Romania, Russia, Singapore, Slovakia, South Africa, Switzerland, Liechtenstein, Tunisia, Turkey,
Ukraine, Uruguay

For more information, please see the Thai Ministry of Foreign Affairs by clicking here

(Please do not mistake this post as being a suitable substitute for legal advice from a licensed professional. No attorney-client relationship is created between the reader and the author of this posting.)

Tags: passport, Thai Visa, Thailand Immigration, Thailand Visa
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US Immigration and Thai Immigration have a great deal in common and also many differences. I decided to write a quick blog post exploring the differences between the two systems in order to provide more clarity for those seeking to immigrate to either Thailand or the United States.

With regard to ease of visa obtainment, overall it is generally more difficult to obtain a USA visa than a Thai Visa. That being said, there are certain aspects of US Immigration that are far more generous than Thailand’s system. For example Thai Permanent Residence is very difficult to obtain from a practical standpoint and almost no one enters the country with Permanent Residence, especially if they have never been to Thailand before. In contrast, the United States confers lawful permanent residence upon entry to the USA for those married to a United States Citizen for longer than 2 years at the time of visa application.  For those married less than 2 years at the time of application, conditional permanent residence is immediately granted upon entry and the conditionality must be lifted later.

A Thai Business Visa is somewhat similar to an American Business Visa in that both allow for travel to the USA or Thailand for business purposes. However, neither visa actually confers the right to work in either country. This is where the similarities end because in order to obtain lawful employment in the USA the immigrant would need to get a visa that has work authorization. In Thailand, the immigrant would need to obtain a Thai work permit. Getting work authorization for Thailand is somewhat easier in Thailand than in the United States.

The Thai Tourist Visa and the American Tourist Visa are quite similar. They both are non-immigrant visas designed for recreational purposes. Currently, the Thai Tourist visa is being offered free of charge to those wishing to visit the Kingdom of Thailand. This is not the case for the American tourist visa as a non-immigrant application fee and pin number fee are required for those applying for a tourist visa.

One of the most significant differences between United States Immigration and Immigration to Thailand is the fact that Thailand does not have any provisions in its Immigration law for a Fiance visa. The Fiancee Visa in the United States is commonly know by its visa category classification: K-1 visa. No matter what it is known as, it is designed to allow a Fiancee of an American Citizen entry into the United States for the purpose of marriage and permanent residence in the USA. Thailand has nothing remotely resembling this type of visa. Further, it does not appear that Thailand will be creating anything like the K1 Visa anytime soon.

Overall, Thai Immigration is dissimilar to American Immigration because US Immigration is far more substantially funded and has more agents operating under the aegis of USCIS and the US State Department.

(Nothing contained in this blog post should be used as legal advce. No Attorney/client relationship shall be created between author and reader.)

Tags: American Visa Thailand, K-1 Visa Thailand, Thai Visa, Thailand Business Visa, Thailand Visa, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Visa, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »

There have been some interesting developments regarding the Thai Tourist visa. Recently the Thai government authorities and Royal Thai Immigration announced that they would extend the free tourist visa program. This initiative was designed to spur tourism to Thailand which has been a sector of the economy that was hard-hit by the airport closures in late 2008, government instability at the beginning of 2009, the Asean summit cancellation, the  Songkran disturbances, and the worldwide economic distress. A recent statistic published in Thailand has stated that Tourism in Thailand has decreased by 50% year-on-year, for a country heavily dependent upon foreign tourist currency this finding was disconcerting. By providing free tourist visas the Thai government hopes recreational travel to Thailand will increase.

The free tourist visa program would seem to be just one pillar of Thailand’s long term Immigration program. It would seem that Thai Immigration Authorities want to ween foreigners off of the Thai visa exemption and onto the use of Thai visas. Many foreigners are under the mistaken impression that when they are stamped through the immigration counter at the airport in Thailand, they are provided with a 30 day visa. In reality, the stamp for a person entering without a visa is a 30 day visa exemption. This stamp allows a non-Thai national to remain in Thailand without a visa for the time period stipulated on the foreigner’s passport (currently 30 days at the airport and 15 days at land border immigration checkpoints).

At one time, foreigners were able to remain in Thailand for a nearly indefinite period so long as they made a “visa run” every 30 days to renew their exemption stamp. The authorities issuing Thai visas first put a stop to this practice approximately 3 years ago when they mandated that a person was only entitled to visa exemptions for 90 out of every 180 days. Approximately 6 months ago, the Immigration authorities again changed the regulations. Currently, 15 day visa exemptions will be granted to foreigners at the land border and 30 days will be granted at the airport.  Further, those using visa exemption stamps at a land border will only be able to get 4 consecutive 15 day stamps.

This change of policy has created the necessity for longer term visas. Currently the Thai government is providing free Tourist visas to those who wish to travel to Thailand. The visa has a validity of 60 days, but one can travel to the Thai Immigration office in Thailand and, for an extra fee, one can extend the visa for an extra 30 days intra-country.  Another option is the “double entry” Thai tourist visa. this has a double validity for 60 days (with extendability) and if used properly can confer lawful status to a foreigner in Thailand for 6 months.

Apparently, the free tourist visa scheme is not being well received by some of Thailand’s honorary consulates around the globe, because these posts make a substantial portion of their revenue from Tourist visas. According to government officials in Thailand, these posts will receive reimbursement for the free visas they issue. The free visa promotion does not affect the price of the Thailand Business visa, Thailand O Visa, or the Thailand Retirement Visa.

For information on a related topic please see: US Tourist Visa

(This post is for informational purposes only and is not legal advice. No attorney-client relationship is created between reader and author.)

Tags: Thai Immigration, Thai Tourist Visa, Thailand Immigration, Thailand Tourist Visa, Thailand Visa, Thailand Visas, tourist visa thailand
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There are many immigration options for those wishing to stay in Thailand on either a full time or part time basis. The Immigration option most familiar to short term travelers is the Thai visa exemption which allows a non-Thai national entry into the country without obtaining a visa. Many people who enter Thailand on a visa exemption believe they are actually on a visa. In reality, they have been granted lawful presence in Thailand without a visa.

Map to Thailand Immigration Bureau

Thai Education Visas

An Education visa in Thailand is very useful as a long term visa option particularly in light of the proliferation of affordable Thai schools that offer assistance in applying for a Thai ED visa. The major downside to the ED visa is the fact that there is no automatic right to work inherent to the visa. Also, the ED visa does not accrue time necessary to obtain Thai Permanent Residence.

Thailand Retirement Visa

A Thailand retirement visa is very useful for those who fit the criteria set forth under Thailand Immigration Law. One of the major criterion for obtainment of a Thai retirement visa is that the applicant be at least 50 years old at the time of application. Another requirement is that the applicant meet the minimum financial threshholds determined by the Thai Immigration Bureau’s internal regulations. A positive aspect of the Thai retirement visa is the fact that one holding such a visa does not need to go on “border runs,” every 90 days. However, a person present in Thailand on a retirement visa will not be able to secure a Thailand work permit.

Thailand Business Visas

As discussed in previous posts, a Thai Business visa is a very flexible option for those wishing to remain in Thailand in order to work, invest, or conduct business negotiations. The visa itself does not confer a right to work, a Thai work permit is still a necessity, but a work permit is usually easy to obtain where the visa holder has secured legitimate employment or has registered a Thai company.

Thailand Other Visas

The Thai “O” Visa, the “O” stands for other, is a designation for a visa that does not really fit into any of the aforementioned categories. The “O” visa is used for Thailand Family Immigration especially where a foreign spouse of a Thai national wishes to reside in Thailand. For those present in Thailand on an “O” visa, there may be some difficulty securing a work permit if the visa is not based upon filial realtionship to a Thai.

Thanks for Reading,

For information on US Immigration from Thailand please see:

multiple entry visa

Fiance Visa Thailand

Marriage Visa Thailand

US Embassy Bangkok

(No content written in this post should be used instead of consulting an attorney. No attorney-client relationship is created between the writer and any readers of this post).

Tags: Thailand B Visa, Thailand Business Visa, Thailand company, Thailand ED Visa, Thailand Immigration, Thailand Long Stay Visa, Thailand o visa, Thailand Other Visa, Thailand Visa
Posted in Thailand Business, Thailand Visa | No Comments »

Some Visas in Thailand do not confer resident status which can be beneficial for a number of reasons. Thai education visas and Thai tourist visas do not confer resident status and as a result accrual of time spent in Thailand on either of these visas will not count towards the necessary time requirements for Thai permanent residence.

Currently, Thailand is issuing visa exemptions (the right to remain in Thailand without a proper visa) for 30 days at an airport and for 15 days at a land border. However, Thai tourist visas are currently free to applicants at certain Embassies.

Thai “O” Visas or Other Visas, are issued to those who are either a family member of a Thai national, permanent resident, or visa holder, based upon a filial relationship to the visa holder. Currently, it is possible to obtain O visas for Non-Thai children, but for those children under a certain age, it is not possible to overstay in Thailand. This situation is similar in US Immigration where non-Citizen children cannot accrual unlawful presence in the United States. A child may be overstaying a visa, but the child cannot accrue time as a person present in the USA unlawfully.

At one time, Thai work permits were used as a basis for granting business visa extensions in Thailand. Before that time, a business visa extension could be obtained without obtaining a work permit, but this situation was considered unacceptable because it left many non-Thais in Thailand on business visas, some of whom were working, but without a work permit. For a period of time, the work permit was the foundation of the business visa extension application. Recently, the Thai work permit was “untied” from the business visa extension and as a result it is easier to obtain a work permit, but seemingly more difficult to obtain a Thai visa extension.

Many people forget that a Thai multiple entry visa is good until its expiration date and the visa holder will be granted a stay of 90 days upon entry. This leads to the situation where the non-Thai presents his visa to Thai Immigration one day before the visa’s expiration, but is granted entry into Thailand for nearly 90 days past the visa’s expiration.

(Please note: this post is not a substitute for personal legal advice from a licensed attorney. No lawyer-client relationship is created between author and reader.)

Tags: O visa, overstay, Permanent Resident, Thai Visa, Thailand Immigration, unlawful presence
Posted in General Legal Information, Thailand Visa | No Comments »

Thailand O Visa

The Thailand O visa is something of an anomaly because it is truly a “catch-all” visa category. Generally O visas in Thailand are used by spouses of either Thai nationals or spouses of those present in Thailand on some other type of Thai Visa. The O visa confers work authorization insofar as it allows the holder of said visa to petition for a Thai work permit.

Although legally eligible to obtain a work permit, there are sometimes work permit difficulties for the O visa holder. As a practical matter, some Thai immigration officers and Ministry of Labour officials do not like to see work permits issued to those in Thailand on an O visa unless the O visa is based upon an underlying spousal relationship to either a Thai National, Permanent Resident in Thailand, or business visa holder (in the case of the spouse of a business visa holder, the O visa holder may have some difficulty obtaining a work permit).

Thailand Elite Card

The Thailand Elite Card program was a program designed with the idea of improving business tourism in Thailand. The card offered many benefits that would be convenient and useful for the prospective business traveler in Thailand. Most notably, there were some very positive immigration benefits conferred upon businesspeople holding a Thailand Elite Card.

At one time, there was a 3 year multiple entry visa conferred upon foreigners under the Thailand Elite Card program. Under this program applicants paid a one time fee of 1.5 million baht and received a card that entitled them to special benefits throughout Thailand. The program also had a special relationship with Thai Immigration that allowed card holder to obtain 3 year multiple entry non-immigrant B visas.

Recently, with governmental shakeups in Thailand the Elite Card program has been canceled with regard to immigration matters. Therefore, although one could conceivably still obtain the elite card, the immigration benefits of the card are no longer granted and therefore the special three year visa is no longer conferred upon card holders.

At present, it would appear to be quite difficult, if not practically impossible, to obtain a 3 year non-immigrant business visa to Thailand. That being said, one year Thai visas are still available for qualified applicants.

For more information please see:

Thailand Visa

Thailand Business Visa

US Visa Lawyer Thailand

(Note: All information in this post should be used for general purposes only. No attorney-client relationship is created between the reader and author of this post. This post should not be used as a substitute for individualized legal advice from a licensed professional.)

Tags: Thai permanent residence, Thai Visa, Thai Visas, Thailand Business Visa, Thailand Elite Card, Thailand Immigration, Thailand o visa
Posted in Thailand Visa | 5 Comments »

For the long term expatriate living in Thailand, the question of Thai permanent residence invariably arises at some point. Many people wish to obtain permanent residence, but are overwhelmed by the difficulties involved in getting Thai PR. Hopefully this post will add some perspective on the subject.

Requirements for Obtaining Thai Permanent Residency

This post is not exhaustive, but merely gives the “broad strokes,” regarding Thai Permanent Residence. One of the major requirements for obtaining Thai permanent residence is that the applicant must have been in Thailand for a minimum of 3 consecutive years on Thai visa extensions.  A person present in Thailand using a Thai Multiple Entry Visa does not meet the requirement as the applicant must have been present using extensions. The Thai authorities are very strict on this requirement, even a one day gap in visa status can cost an applicant the right to apply for Thai permanent residence. For those seeking to obtain Thai Permanent Residence, scrupulous precautions should be taken to ensure that the prospective applicant maintains proper status.

There is also a salary requirement. The applicant must be able to prove a salary of at least 80,000 Thai baht per month at the time of application. Although this financial ability need only be shown at the time of filing, it is probably prudent to show a history of compensation at this rate, and the longer one can show this compensation history the better.

Thai permanent residence is somewhat odd in comparison to an American Green Card in that a Green Card confers the automatic right to work along with the right to remain in the United States. With Thai permanent residence, the right to work is not guaranteed, and as a result the permanent resident in Thailand must still obtain a work permit if he or she wishes to seek employment.  The Thai permanent residence application process is somewhat similar to the adjustment of status process for a US visa in that an applicant for Thai permanent residence is entitled to remain in Thailand while the Permanent Residence application is pending.

There is a basic Thai language requirement in order to obtain permanent residence, so the prospective applicant should study Thai in order to speak at a level of basic competence.  The prospective permanent resident is also subject to an interview and should be prepared to interview in Thai where possible.

After obtaining Thai permanent residency, the permanent resident should be cautious when leaving the country and make sure to obtain reentry permits (similar to US reentry permits) when preparing to depart the Kingdom in order to ensure that thy do not lose their permanent residency upon departure.

(Note: Nothing in this post should be used as a substitute for competent legal advice from a Thai lawyer. No attorney client relationship is created between the author and any reader of this article.)

Tags: Thai Green Card, Thai PR, Thailand Permanent Residence, Thailand Permanent Resident, Thailand PR, Thailand Visa
Posted in Thailand Visa | 1 Comment »

For the most part issues involving Thailand Business Visas can be broken don into three categories: Thai Visa Extensions, Thai Multiple Entry One Year Visas, and Thai Permanent Residence.

The Thai Multiple Entry One Year Business Visa

A multiple entry business visa is a long term visa that allows the holder the right to remain in Thailand for a period of up to 90 days per entry, but the visas validity is for 1 year. This means that one must make the obligatory “border run” e very 90 days in order to stay in status. A border run is the euphemism used amongst expats in Thailand (and Southeast Asia) when speaking about going to the border with the primary purpose not being to leave the country, but to maintain legal status. An odd “bonus” with regard to the long term visa is the fact that toward the end of the one year visa’s validity one can reenter the country shortly before the visa’s expiration and receive an extra 90 days on the back end.

The Thai Visa Extension

The extension of a Thai visa occurs inside of Thailand. One must file for an extension with Royal Thai Immigration. In order to obtain a visa extension based upon a Business Visa, one must show that the employer has at least four Thai employees for every foreign employee. Also, the visa extension applicant must have a Thai work permit. The business must also produce evidence showing a history of corporate income tax and VAT payment in order to obtain a visa extension for a foreign employee. Finally, should the extension be granted, the foreign visa holder must obtain a reentry permit in order to leave the country and remain in status upon the same visa. (The reentry permit is something akin to reentry permits for US Visas).

Thai Permanent Residence

Thai permanent residence is a difficult and time consuming status to obtain. In order to apply for permanent residence, one must have been resident in the Kingdom for three consecutive years on visa extensions (multiple entry visas will not suffice as one goes out of status at each border run).  There are also salary requirements as well as a minimum Thai language proficiency requirement. Once permanent residence is granted the permanent resident will still need to obtain a Thai work permit should he or she decide to obtain employment. The positive aspect of permanent residence is the fact that permanent resident’s visa does not “sunset,” and can only be specifically revoked.

Note:  Nothing in this post should be construed or inferred as creating an attorney client relationship nor should be used instead of legal advice from a licensed attorney in your jurisdiction.

Tags: long term visa Thailand, Thai B Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand Permanent Residence
Posted in Thailand Visa | 2 Comments »