Integrity Legal

US Citizenship is an aspiration for many of those individuals who opt to immigrate to the United States of America. Naturalization is the legal process that foreign nationals undertake when they wish to become a US Citizen. For many the process is somewhat confusing. The naturalization process can also seem daunting as a foreign national must spend a significant amount of time any money in order to naturalize. Recently the United States Citizenship and Immigration Service (USCIS) stated that funds will be made available to assist in integrating foreign nationals into the American polity, the following is a press release from USCIS promulgated by the American Immigration Lawyers Association (AILA):

“U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different
grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country.”

This 7 million dollar grant shows a marked increase in funding for this initiative as this program was not as heavily funded in the past. It could be inferred that USCIS is resolved to promote Citizenship education for foreign nationals:

“’Each aspiring citizen represents a personal story of sacrifice and triumph,” said USCIS Director
Alejandro Mayorkas. “This funding will increase opportunities for English language instruction, promote the rights and responsibilities that define our nation, and provide much-needed support for individuals on the path to citizenship.’”

The funding provided in these grants will help facilitate multiple goals. All of these goals are within the context of Immigration to the United States and Naturalization to American Citizenship:

The first grant will strengthen locally-based citizenship preparation programs. The second grant will
increase the capacity of members or affiliates of national, regional, or statewide organizations to offer
citizenship services in underserved communities. USCIS expects to announce an estimated 50 award
recipients in September 2010.

When comparing this initiative to its counterpart in 2009, the difference in funding becomes glaringly obvious:

During fiscal year (FY) 2009, USCIS awarded $1.2 million in grants to 13 immigrant-serving organizations across the country. These awards are currently expanding services and outreach on U.S. citizenship, educational opportunities, and available resources to nearly 70,000 LPRs in 11 states.

That being said, USCIS’s efforts to fully integrate foreign nationals into the tapestry of Americana should be applauded as it marks a positive step. There are many who feel that naturalization makes individuals more engaged in the American way of life and provides recent immigrants with an aim and goal to pursue.

For more information about this and other US Immigration issues please see: Fiance Visa Thailand.

Tags: American Immigration, Fiance Visa, Fiance Visa Thailand, Naturalization, US Citizenship, US Immigration, US Visa, USCIS, USCIS Director
Posted in Fiance Visa Thailand, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

A common method of land ownership in Thailand is through use of a Thai Limited Company. In many cases, a juristic person is incorporated to hold Thai property on behalf of the principal investors in the company.  Over the past three years the Thailand Real Estate market has been somewhat stagnant, but recently there seems to have been something of an upward trend in Real Estate transactions. This has resulted in the Ministry of the Interior raising the fees for land transactions, particularly with respect to land transactions executed on behalf of a corporation. To quote a Pattaya Times article promulgated on the website Thaivisa.com:

“‘A nationwide increase in land offices fees will go in effect on March 2,’ a spokeswoman for the Ministry of Interior announced in Bangkok. The fees for purchases and sales involving a Thai company limited which most foreigners use to buy land will go up from one percent to six and a half percent of appraised or contract value, whichever is higher. The head of the Chonburi Land Office, Director Vaiyavuth Surapruik, said, ‘In 2008 the fees were lowered to help the economy. This has stimulated the sale of properties. Since the fees were lowered almost two years ago there has been no slow-down in the number of transactions at the land office in Banglamung which services Pattaya so now fees will go back up in order to increase government revenues.’”

On the one hand, the recovery of the Thailand Property market is definitely a positive development, and hopefully a sign of an underlying upsurge in the overall Thai economy. This upswing in Thai property sales may also be indicative of an overall upward trend in the world wide economy. However, for those who are thinking of purchasing Thai property be it land or another form of Thai Real Estate such as a Thai Condo, this development will likely be viewed negatively as it will result in increased fees for the buyer or seller of Thai property.

This fee increase will also have an impact on individuals as the aforementioned article concluded:

“Property transfered between individuals will be charged three percent fees if owned for more than two years by the current owner. If owned less than two years the fee is higher, between five and six and a half percent.” [sic]

Property transfers between individual foreigners is probably as common, if not less common, than property transfer between corporations controlled by foreigners. That being said, under certain conditions a foreigner can own a Thai Condominium in freehold and therefore could be effected by these increased individual transfer fees.

For related information on this blog please see: Thailand Property Law.

Tags: Thai Company, Thai Condo, Thai Property, Thai Real Estate, Thai Real Estate Law, Thailand company, Thailand limited company, Thailand Property, Thailand Property Law, Thailand Real Estate
Posted in General Legal Information, Thailand Business, Thailand Property, Thailand Real Estate, Upcoming Legislation | No Comments »

As many readers are probably aware, the United States of America and Cuba have had long standing political tensions. Official US policy regarding Cuba has remained largely unchanged over the past 40 years, but recently officials from the American State Department have been conducting meetings with Cuban authorities in order to come to some sort of agreement regarding migration between the two countries. The quotes cited below are from a recently promulgated State Department publication:

“On Friday, February 19, 2010 the United States and Cuba met in Havana to discuss implementation of the U.S.-Cuba Migration Accords. This was the second such meeting since the decision to renew the Talks in 2009. In the course of the meeting, the U.S. team, led by Principal Deputy Assistant Secretary of State for Western Hemisphere Affairs Craig Kelly, reaffirmed the U.S. commitment to promote safe, orderly, and legal migration.”

Many feel that the current state of the US-Cuban relationship has lead to a situation where the security of the United States and Cuba is affected. Also, US officials are seeking to be given access to information about those who are sent back to Cuba. Therefore, an accord with Cuba seems to increasingly be considered a necessity:

“The agenda for the talks reflected longstanding U.S. priorities on Cuba migration issues, including: ensuring that the U.S. Interests Section in Havana is able to operate fully and effectively; ensuring that the U.S. Interests Section in Havana is able to monitor the welfare of repatriated migrants; and gaining Cuban government acceptance for the repatriation of all Cuban nationals who are excludable on criminal grounds…The United States views these talks as an avenue to achieve practical, positive results that contribute to the full implementation of the Accords and to the safety of citizens of both countries.”

This blog is mostly concerned with American Immigration issues for foreign nationals in Southeast Asia. That being said, we try to provide information about US Immigration generally. Although the above issues do not directly impact US Immigration from Thailand, an accord with Cuba on these Immigration issues would likely mark a watershed moment in Cuban-American relations.

At one time, it was difficult for people from Communist countries to travel to the United States. Since the end of the cold war and the “thawing” of relations between the United States and China, Cuba has remained a country with few official ties to the United States. The above accord, may mark the beginning of friendlier relations between the two countries.

Tags: American State Department, Cuba, U.S.-Cuba Migration Accords, US Visa, US-Cuba Relations
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation, US Visa and Immigration | No Comments »

Recently the Royal Thai Immigration Police Department announced a new initiative to sweep up foreign criminals residing in Thailand. This effort is to be made possible through what appears to be the interlinking of various warrant databases. Once Thai Immigration officials link their system to that of countries such as the United States, or international organizations such as the European Union it will be less difficult to track down those in Thailand with a foreign arrest warrant or fugitive warrant.

The Bangkok Post is reporting that the new chief of the Thai Immigration Bureau is taking measures to see that foreign criminals in Thailand are apprehended through an initiative known as the “Three S’s” The Three S’s stand for “Security Standards and Service.”

In the realm of security, new initiatives are to be taken which will provide Royal Thai Immigration Police with access to international criminal warrant databases. These records would provide Thai Immigration officers as well as regular police officers with criminal histories of foreigners present in the Kingdom of Thailand. This information will be used to ascertain the location of such international criminals and facilitate apprehension.

The new campaign will also entail the creation of a new National Criminal Center. This Center seems to be intended as a repository for international criminal records. At the time of this writing, it is the author’s understanding that this Center will coordinate their activities with such foreign agencies as the Federal Bureau of Investigation, Drug Enforcement Agency, as well as other national, state, and local law enforcement agencies throughout the United States and around the world.

Another facet of Thai Immigration’s crackdown is the campaign to apprehend and deal with illegal aliens. Based upon the information contained in the above cited Bangkok Post article the new Royal Thai Immigration Chief seems to have expressed an intention to apprehend those foreign nationals who are present in the country illegally. How this will impact long term western tourists and expatriates remains to be seen as overstaying one’s Thai visa has become increasingly common since it is not longer possible to obtain a 30 day visa exemption stamp at Thai land borders.

In a way, these two initiatives are related as it could be easily inferred that those using Thailand as a place to evade foreign criminal warrants could also be Thailand visa violators.

For more information on this issue please see a previous blog post located here: criminal warrant.

Tags: arrest warrant, criminal warrant, Fugitive Warrant, Thai Visa, Thailand Immigration, Thailand Visa, US Arrest Warrant Thailand, US warrant, US Warrant Thailand, warrant
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Visa, Upcoming Legislation, US Warrants | No Comments »

United States criminal warrants are a serious matter that should be addressed in a timely fashion. That being said, there are those Americans outside of the USA who have outstanding US warrants. In many cases, the presence of a US warrant on one’s record can cause many travel complications.

In the past, the Thai Immigration database was not equipped to retain information regarding arrest and fugitive warrants for other countries. However, a recently released article promulgated through the website Thaivisa.com has noted that Royal Thai Immigration Police are implementing new measures in order to apprehend those with outstanding warrants from countries outside of Thailand. To quote Thaivisa.com directly:

“Thai Immigration officials plan to build an online information network that will collect arrest warrants from around the world in hopes of nabbing criminals hiding out in the Pattaya area…At a meeting at Immigration Division 3, Col. Athiwit Kamolrat, head of the Chonburi Immigration Office, said immigration police are working with the Suppression of Human and Child Trafficking, and Youth and Women’s Protection divisions of the Royal Thai Police to tighten the noose on human traffickers, pedophiles and international fugitives that often use Pattaya as a base or hideout…He said officials are currently closely monitoring Europeans from France, Italy, Germany, the Netherlands, Scandinavia, Switzerland and the United Kingdom; Asians from Malaysia, Pakistan, the Philippines, Singapore and South Korea; as well as those from Russia and the United States for whether they have entered Thailand legally, have obeyed the law and are not hiding from authorities at home…To boost their efforts, Athiwit said the Pattaya Immigration Office will take the lead in setting up a “transitional crimes information center” which will collect arrest warrants from around the global as well as extradition requests received by the Ministry of Foreign Affairs.”

For those with an outstanding US criminal warrant or fugitive warrant obtaining a new passport can be very difficult as the personnel at the American Citizen Services Section of the US Embassy in Bangkok will likely confiscate the passport of an American with outstanding criminal warrants. The measures being undertaken by the Thai Immigration authorities would seem to denote that the Thai government is increasingly looking to crack down on fugitives who are present in Thailand. How these new rules will ultimately effect the Thai Immigration process and the obtainment of a Thai visa remains to be seen, but it could be inferred that Thailand is taking an increasingly hard line against the presence of foreign fugitives in the Kingdom of Thailand.

Tags: American Warrant Thailand, Criminal Warrant Thailand, Fugitive Warrant, Fugitive Warrant Thailand, US Arrest Warrant Thailand, US Criminal Warrant, US Criminal Warrant Thailand, US Fugitive Warrant, US Fugitive Warrant Thailand, US Warrant Thailand
Posted in General Legal Information, Thailand Visa, Upcoming Legislation, US Warrants | No Comments »

A recently proposed rule would increase the fees charged by the US Department of State for services performed at Embassies and Consulates abroad. To quote the AILA website:

“This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.”

Although not exhaustive, the following quotes list the proposed fee increases for services that will likely have the biggest impact upon US Citizens resident abroad:

“Passport Book Application Services

The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.”

The proposed rule goes further as there will be further fee increases for new passport seekers:

“Passport Book Security Surcharge

The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.”

The addition of visa pages to an American’s passport has always been a courtesy provided free of charge. However, the proposed rule would change this:

“Additional Passport Visa Pages

In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.”

For those American Citizens who have a child overseas a Consular Report of Birth Abroad (CRBA) is necessary in order to ultimately obtain a US passport for the child. That being said, the fee for a CRBA would be increased under the newly proposed rule:

“Application for Consular Report of Birth Abroad of a Citizen of the United States

The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.”

The Immigrant visa fees associated with the processing of Immigrant family based visa applications (such as IR-1 visas and CR-1 visas) are to be decreased pursuant to the proposed rule:

“Immigrant Visa Application Processing Fee

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.”

This being said, employment based application fees are to rise dramatically. Immigrant visa fees should not be confused with non-immigrant dual intent visa fees (such as those payable for the obtainment of a K1 visa or a K3 Visa) which are expected to rise in the future. Finally, an often overlooked service of the American Citizen Services section of a US Embassy or a US Consulate involves document notarization and legalization:

“Providing Documentary Services

The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.”

The above changes in the fee structure for Consular services will hopefully result in increased funds which will provide Americans with better services when they need important documentation.

Tags: American Citizen Services, consular report of birth abroad, CR-1 Visa, dual intent, IR-1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K3 Visa, notary service at US Embassy, passport, US Consulate, US Embassy, US Visa
Posted in CR1 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Upcoming Legislation, US Consulate Chiang Mai, US Consulate HCMC, US Consulate Singapore, us embassy bangkok, US Embassy Burma, US Embassy Cambodia, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US Visa and Immigration, US Visa Thailand | 1 Comment »

Recently, the United States Tenth Circuit Court held that, under certain circumstances, those holding K-2 visas who wish to adjust status do not “age out.” The tenth circuit’s opinion is found in Colmenares Carpio v. Holder, No. 08-9536 (10th Cir. Jan 12, 2010). To quote directly from the immigration slip opinion blog regarding the underlying facts of the case:

The petitioner entered the United States in K-2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner’s age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

To further quote the aforementioned blog, within the language of the opinion, the Tenth Circuit Court commenced with an analysis “of [the] statutory construction and found that there is no age limitation on adjustment of status of K-2 visa holders.” That being said, the court’s analysis in this case, “declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21.”

This decision deals with a somewhat narrow set of facts as the K1 visa holder managed to arrive in the US, marry within 90 days, apply for adjustment of status and obtain approval prior to the K2 visa holder’s 21st birthday. The K2 visa holder applied for adjustment of status prior to his 21st birthday, but the case was not adjudicated until afterward.  This court in the above cited opinion has held that based upon these facts, the K2 visa holder did not “age out” and could therefore still adjust status.

For those who are unaware of how the K1 visa process works: the K-1 visa holder enters the United States and has 90 days to get married and apply for adjustment of status. The K1 (or K2) holder is allowed to remain in the USA pending a decision on the adjustment application (in fact is departure is necessary an advance parole travel document should be obtained prior to departure in order to preserve status).

A K2 visa is derivative of a K1 and is intended for the children of K1 visa holders. The statute is somewhat ambiguous regarding K2 visa holder’s rights when it comes to adjustment of status, but the opinion above has clarified some of the issues surrounding K2 visas, but further clarification is needed as in a different factual scenario it is possible that a K-2 visa holder could be barred from adjusting their status.

Tags: Adjustment of Status, Aging Out K-2 Visa, Aging Out K2 Visa, K-1 Visa, K-1 Visa Thailand, K-2 Visa, K-2 Visa Age Out, K-2 Visa Aging Out, K-2 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Age Out, K2 Visa Aging Out, k2 visa thailand, US Visa, US Visa Thailand
Posted in Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, Upcoming Legislation, US Visa and Immigration, US Visa Thailand, USCIS | 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 »

There are many foreign nationals who have opted to take up long term residence in the Kingdom of Thailand. For many expatriates, a pivotal question regarding residence in Thailand deals with the issue of Thai property law. Under the current laws in the Kingdom of Thailand foreign nationals are effectively barred from purchasing a Freehold Chanote (Title Deed) to land in the Kingdom. This being said, foreigners are allowed to take freehold title to Thai Condos provided certain legal requirements are met, but for many foreign nationals in Thailand actual home ownership is the preferred method of living in the Kingdom.

In the past, a Thai company could be used to own Thai Real Estate, but the company had to be structured in such a way that it comported to Thai law. In recent months there has been some discussion by Thai government officials about doing away with this system of property ownership. How this will play out remains to be seen, but some foreigners, who are still interested in enjoying Thai property, are looking at other ways of structuring their interests so as to properly comport with possible future restrictions.

One method involves the bifurcation of Thai title. What this means is that the land underneath a structure is owned by a Thai while any structures on the land are owned by a foreigner. This arrangement would be legal under current Thai law, but many are confused about how such an arrangement could be set up. This is where the Yellow Tabien Baan becomes an issue.

A Yellow Tabien Baan is used by foreign nationals who live in the Kingdom. However, they are very difficult to obtain and are usually only promulgated if the foreign national has bought a Thai condo. That being said, a foreign national who is on a Tabien Baan can obtain a building permit to build a structure in Thailand. Once the structure is built, it can be owned wholly by a foreign national. A foreigner could secure long term lease to the underlying property while maintaining ownership of the structure. Use of a Thailand usufruct or superficies would also strengthen the foreigner’s property interests without violating the de facto restriction placed upon land ownership for foreigners. This is not the only benefit that a Yellow Tabien Baan can confer upon a Foreigner in Thailand as there are other major benefits that foreign nationals can enjoy by being on a Foreign Tabien Baan.

Tags: Foreign Tabien Baan, Foreign Tambien Baan, Tabien Baan, Tambien Baan, Thai Chanote, Thai Property, Thai Property Law, Thai Real Estate, Thai Real Estate Law, Thai Tabien Baan, Thai Tambien Baan, Thai Title Deed, Thailand Property Law, Thailand Real Estate Law, Thailand Title Deed, Title Deed, Yellow Tabien Baan, Yellow Tambien Baan
Posted in Thailand Business, Thailand company, Thailand Condo, Thailand Property, Thailand Real Estate, Upcoming Legislation | No Comments »

Thai business visa rules can be confusing for some as those who are new to the Kingdom of Thailand can become confused by the Thai Immigration system. Even seasoned expatriates in Thailand have trouble keeping up with the constantly changing rules and administrative procedures. The reason for the confusion can at least be partially attributed to the fact that, like US immigration rules and regulations, there are two Thai government agencies with overlapping authority where Thai visa matters are concerned. The first agency is the Royal Thai Immigration Police who are similar to United States Immigration officials at the Department of Homeland Security in that they oversee the administration of Thai Immigration rules from inside the Kingdom. Then there is the Thai Ministry of Foreign Affairs. The Thai Ministry of Foreign Affairs, through Thai Embassies and Consulates abroad, is tasked with adjudicating visa applications outside of Thailand and when said visa applications are approved they are tasked with promulgating visas.

This brings us to the issue of Thai visa extensions. For many foreign nationals working in the Kingdom of Thailand a visa extension is necessary in order to remain in the Kingdom long term. Some opt to use multiple entry visas, but generally, these visas are not convenient for those who wish to remain uninterrupted or eventually apply for Thai Permanent Residence.

In recent months there has been some discussion among Thai government officers about tightening up the Ministry of Labour regulations regarding foreign workers. Apparently, new rules will go into effect in February 2010 which would make Thai work permit rules more stringent. This will likely have a collateral impact upon those seeking Thai visa extensions as work permit renewal is usually required by Thai Immigration before they will extend a Thai visa. At one time, the One Stop Service could be used by employees of companies with a high registered capital or BOI Companies. One Stop Service allowed foreigners to apply for both a work permit renewal and a visa extension at the same time.

However, One Stop’s jurisdiction has been significantly curtailed and the service itself is effectively non-existent for small businesses. Now, most foreigners wishing to renew their work permit and visa must do so by first making a trip to the Ministry of Labour and then traveling to the Royal Thai Immigration Police headquarters to extend the visa after work permit renewal. At this time, the process seems cumbersome, but there is some hope that the system will be streamlined so as to facilitate more efficient processing of work permits and visas.

Tags: BOI Company, Thai Business Visa, Thai permanent residence, Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand Visa, Thailand visa extension, Thailand Work Permit
Posted in Thailand Business, Thailand company, Thailand Visa, Upcoming Legislation | No Comments »