Integrity Legal

Posts Tagged ‘business visa’

8th December 2020

There have been a number of developments regarding Thai immigration in recent weeks including the recent announcement that the Special Tourist Visa program will be expanded to include more than a limited number of countries. To quote directly from a recent article in the Bangkok Post:

The cabinet on Tuesday resolved to offer long-stay special tourist visas (STV) to visitors from every country instead of only those with low risks of the novel coronavirus.

This news comes as it appears there are again talks of creating “travel bubble” corridors on a bilateral basis between Thailand and counterpart countries. It seems under this travel bubble scheme nationals from some countries may be fast-tracked through quarantine or not required to quarantine at all so long as they remain in a restricted geographic area. As of the time of this writing, such a plan has yet to be implemented. With respect to in-country Thai Immigration matters is noteworthy that the Thai visa amnesty has been extended for those unable to leave the country. Meanwhile, the caseload volume of Thai visas being consular processed appears to be increasing as visa categories such as the Thai retirement visa, business visa, and tourist visa are, depending upon the jurisdiction, opening up. At the same time, there is some discussion surrounding the notion of implementing a contact tracing app for those traveling to Thailand as tourists. It remains to be seen whether this will apply to non-immigrants such as retirees and businesspersons. A notable requirement now associated with Thai visa processing which has become ubiquitous, but was never required in the past is insurance. Insurance coverage for COVID-19 is required for all visa categories including the Single Entry Tourist Visa (or SETV). Concurrently, some of those who were able to avoid needing insurance due to usage of an O retirement visa (as opposed to an O-A retirement visa) are finding that, if abroad, they are being compelled to obtain insurance in order to obtain a Certificate of Entry (COE) notwithstanding the fact that such coverage would not be required if applying for or extending status in Thailand.

With respect to American immigration, there has been a great deal of discussion regarding whether the transition from a Trump administration to an administration of the presumptive President-Elect Joe Biden will change the overall process and paradigm of the American immigration apparatus. In the long run, it is likely that a change of administration would dramatically improve processing conditions for American visas, including K-1 visas and immigrant visas which seem to be languishing at the National Visa Center and at US Embassies and Consulates abroad. That stated, the transition, although likely, is not yet a foregone conclusion as of the time of this writing. Meanwhile, it should be noted that bureaucracies such as the USCIS, NVC, and Department of State do not “stop on a dime” it takes time to reorganize and implement new policy. Therefore, it is likely that substantial changes will not be seen until deep into 2021.

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9th August 2018

In recent months, the rules upon which the regime for issuing and maintaining Thai work permits and visas have been undergoing some changes. However, the permanence of these changes remains to be seen and the practical implications of these changes are also open to speculation. Hopefully the following posting with provide some clarification with respect to where work permit and visa rules currently stand.

Work Permit Restrictions Appear to be Loosened

Since the promulgation of the Emergency decrees regarding work permits in Thailand analysts seem increasingly convinced that regulations regarding time, place, and manner of work in Thailand have loosened. In the past, Thai work permit regulations (and the enforcement agencies associated therewith) viewed the rules very strictly when it came to the specific locations where foreigners could undertake labor, the specific functions foreigners could perform, and the timing of when a foreign worker could begin working. For example, foreign temporary workers had to await issuance of a work permit book or temporary work document in order to begin working. Meanwhile, those issued with long term work permits were at one time restricted to performing their job only within the premises of the business acting as the work permit sponsor. Later, the geographic scope of labor endeavor was expanded to allow foreigners to undertake work throughout a specific province in Thailand. However, under any circumstances the foreign national with work authorization had to be circumspect in their endeavors as the work activities they undertook had to fall within the boundaries of the job description specified within the provisions of the work permit itself.

Pursuant to the provisions of the second emergency decree regarding the management of foreign workers in Thailand it appears that many of the restrictions regarding geographic scope of activity have been lifted. Meanwhile, the strict scrutiny of job functions appears to be a thing of the past as well (although a list of occupations restricted to Thai nationals is still in force so long as the activity in question is not specifically in violation of that list the foreign worker should be free from sanction). Furthermore, it appears that certain temporary workers who are brought into Thailand for a short period of time may be able to perform their function in a much more immediate manner compared to the past as, depending upon circumstances and subject to the aforementioned list of restricted activity, many workers may be able to immediately begin performing their functions.

The Return of the One Year Multiple Entry Visa?

It would seem that there is another possible change to Thai regulations regarding work authorization and business visas in Thailand. Apparently, regulations now stipulate that some of those working for a foreign company in Thailand (such as a Representative Office) are no longer required to obtain a work permit. This new exemption apparently only extends to Directors of such organizations. Furthermore, it appears that so-called Amity Treaty Companies (those corporations certified as American and therefore accorded protections pursuant to the US-Thai Treaty of Amity) are now subject to such exemption. Under such circumstances the directors of such companies are able to apply for a 1 year multiple entry visa from their country of origin. As of the time of this writing, this blogger has yet to personally deal with a matter arising under these new rule changes, but the creation of new immigration options is always noteworthy. It should be noted that these regulatory changes appear to be exclusive to Labor matters. Thai immigration regulations have not changed with respect to the rules regarding visa extension in the Kingdom. At the present time a work permit appears to still be required for those wishing to remain in the Kingdom long term via a Thai business visa extension application.

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11th July 2011

It recently came to this blogger’s attention that information posted in the previous posting on this blog may not have been entirely accurate as it would appear that the Kingdom of Thailand is not slated to be added to any kind of “terrorism risk list”. To provide more insight into these developments it may be best to quote directly from an announcement posted on the official website of The Nation, NationMultimedia.com:

Re: “Naming of Thailand on new US terror risk list worrying” Editorial, July 10

We’d like to take the opportunity to correct some confusing statements that have been reported in the media recently. Thailand has not been placed on a new “terror risk list” of any kind. In fact, as President Obama highlighted in his June 2011 National Strategy for Counterterrorism, the US considers Thailand a key ally in fighting global terrorism.

In addition, we would like to emphasise that there has been no change in the processing of visas or security checks for Thai citizens travelling to the United States. As has been the case for many years, the overwhelming majority of Thai who apply for US visas receive them, and we’re proud of the robust exchange of travellers between the US and Thailand for tourism, business, education and many other fields. For more information on travelling to the United States, we encourage everyone to visit our web page at http://bangkok.usembassy.gov/.

Walter Braunohler

Spokesman,

Embassy of the United States of America, Bangkok

The administration of this blog apologizes for any inconvenience or consternation that the previous posting may have caused as this blogger was under the impression that the previously cited quotation contained accurate information.

– Benjamin Walter Hart

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