Integrity Legal

Posts Tagged ‘permanent residency’

19th January 2022

It appears that officials in Thailand may be planning to resume the “Test and Go” initiative in an effort to spur tourism to Thailand. To quote directly from the Bangkok Post:

The expected resumption of the Test & Go tourism scheme in February should allow the country to attract at least 8 million tourists this year, says the Tourism and Sports Ministry. Tourism and Sports Minister Phiphat Ratchakitprakarn said his ministry plans to push for the resumption of the quarantine-free Test & Go scheme next month as this proposal is scheduled for discussion at the Centre for Covid-19 Situation Administration meeting on Jan 20….The resumption of Test & Go in February still allows enough time to reach 8 million arrivals this year, he said.

Clearly, tourism numbers have suffered since the suspension of the “test and go” program and although actual resumption of the protocol remains to be seen, it can be surmised from numbers prior to the program’s suspension that the reopening of the country would bring in much needed revenue to Thailand’s ailing tourism industry. Meanwhile, on a related note, it appears Immigration authorities in Thailand are seeking to create a new set of visas to lure “high net worth” foreign nationals to the Kingdom. To quote again from the Bangkok Post:

The cabinet on Tuesday approved visa changes intended to attract affluent foreigners for lengthy stays, targeting the rich, retirees, remote workers and skilled professionals…Deputy government spokeswoman Rachada Dhnadirek said the new regulations were in two draft ministerial announcements submitted by the Interior Ministry and the Labour Ministry…They target foreigners with enormous wealth, wealthy pensioners, foreigners who want to work remotely from Thailand, and highly skilled professionals. The Interior Ministry proposals provide for long-term residence (LTR) visas, each for up to four family members including children up to 20 years old. The Board of Investment will set the qualifications of the applicants.

It should be noted that the proposed visa scheme remains approved only in principle as the regulatory structure has yet to be fully “ironed out.” However, there are some clues as to what this visa regime may ultimately look like. For example, the integral participation of the Board of Investment in Thailand leads this blogger to believe that the proposed visa scheme will ultimately look very similar to the current SMART visa program which has been operational in Thailand for a bit less than 5 years as of the time of this writing. Although the final rules regarding this proposal have yet to be promulgated so the final criteria for visa approval remain to be seen.

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10th August 2011

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) is apparently compelling an Australian man, who is currently a partner in a same sex marriage with an American Citizen, to depart the USA. In order to provide further clarity on this situation it is necessary to quote directly from the official website of the San Fransisco Chronicle, SFGate.com:

Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse. Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples. The decision was issued July 26. Immigration Equality, a gay-rights group that is working with the couple, received the notice Friday and made it public Monday. Makk was ordered to depart the United States by Aug. 25. Makk is the sole caregiver for Wells, who has severe health problems…

The administration of this web log encourages interested readers to click upon the relevant hyperlinks noted above to learn further details from this interesting story.

Frequent readers of this web log may recall that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude the federal government from recognizing a same sex marriage for purposes of distributing federal benefits. Therefore, same sex bi-national couples cannot acquire the same travel documents and visa benefits (such as the K-1 visa, CR-1 visa, or an IR-1 visa) as a different-sex couple notwithstanding the fact that the couple may be legally married in one of the State jurisdictions which legalize and/or solemnize such unions. It should be noted that legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act would rectify this situation to one degree or another. As of the time of this writing it remains to be seen whether this legislation will ultimately see enactment.

Meanwhile, in news of further interest to those who follow immigration matters; it recently came to this blogger’s attention that DHS has issued an announcement regarding a nationwide program to be administered by the United States Immigration and Customs Enforcement Service (USICE, sometimes colloquially referred to as ICE). To provide further insight it is necessary to quote directly from the official website of the Washington Times, WashingtonTimes.com:

The District could be forced to participate in an immigration-enforcement program now that the federal government has issued a letter to states that voided their participation agreements and emphasized the program’s mandatory nature. The Department of Homeland Security sent the letter last week to governors of 39 states, including Maryland and Virginia, after three states expressed interest in opting out of their contracts with the federal Secure Communities program. The program allows U.S. Immigration and Customs Enforcement to access fingerprints collected by state and local law enforcement and shared with the FBI. It was started in 2008 and has helped ICE identify and deport more than 86,000 convicted criminal aliens. “This is to avoid any further confusion,” ICE spokeswoman Nicole Navas said Monday. “We’ve made it clear. There’s no opting out.” DHS voided the agreements to clarify that they essentially served no purpose, and that states are required to remain in the program. Federal officials no longer will seek agreement with newly enrolled states and jurisdictions, and will simply notify them when they plan to implement the program…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

Matters pertaining to immigration can be difficult to understand especially in the context of the United States Constitution since many of the immigration-related powers of the American Legislature and Executive are plenary in nature. How such powers interact with States’ Rights can be difficult to ascertain as the legal principles involved can be quite subtle. In any case, the ultimate resolution of this issue remains to be seen. Hopefully, a solution will present itself which will prove amenable for all concerned.

For information related to United States immigration from Thailand please see: Legal.

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