Integrity Legal

Posts Tagged ‘Thai border run’

3rd January 2017

It recently came to this blogger’s attention that the officials of the Royal Thai Immigration Police have made policy changes regarding passport holders of certain countries. It appears that passport holders from 37 different countries will now be able to obtain a 30 day visa exemption stamp by crossing a land border into Thailand. The recently announced list includes the following countries:

Australia, Austria, Belgium, Bahrain, Brunei, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Kuwait, Liechtenstein, Luxembourg, Malaysia, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Qatar, Singapore, Slovakia, Slovenia, Spain, South Africa, Sweden, Switzerland, and Turkey

It should be noted that most holders of passports on the above list were already eligible to receive 30 day exemption stamps when arriving at one of Thailand’s many international airports. However, 30 day exemption stamps were apparently not available when arriving at land borders. While this liberalization is likely welcome news to prospective tourists who wish to travel to countries surrounding Thailand it should be be analyzed in conjunction with recent announcements regarding so-called border runs.

As previously noted on this blog and other sites, Thai border runs are effectively a thing of the past as recent laws have been enacted which bar individuals from making border runs more than 2 times per calendar year. Although this new rule is unlikely to impact genuine tourists in Thailand, those who have used ostensibly temporary visas and visa exemption stamps to live in Thailand are likely to find maintaining their status in this way to be very difficult in the future. This news comes at the same time as a number of foreign owned or managed businesses in Thailand are reporting significant increases in immigration inspections as well as well known hostels are being raided by those seeking not only criminals, but over-stayers in particular. How this will all play out in 2017 remains to be seen, but one thing is certain: staying long term in Thailand is becoming increasingly difficult, expensive, and time consuming.

Meanwhile, as Thai Immigration cracks down, it appears that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has made new regulations regarding the forms which must be submitted in connection with petitions for various immigration benefits. Forms such as the I-130 (associated with spousal immigration petitions for visas such as the CR-1 or the IR-1) have been upgraded and apparently the USCIS will no longer accept forms of an older pedigree. The same is apparently true with respect to the I-129f (the form associated with the K-1 visa used to bring fiancees of American Citizens to the USA) as that form has been updated.

Concurrently, it appears that there has been an across-the-board increase in the fees associated with the filing of certain immigration petitions. It is advised that those interested in this matter either speak with a qualified professional or conduct their own research to ascertain the current costs and fees associated with a visa to the USA.

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20th December 2016

Many senior citizen expatriates living in Thailand are familiar with the Thai retirement visa. However, in recent weeks new information has come to light regarding possible changes to the retirement visa category. According to the Bangkok Post, the government in Thailand is willing to allow for a visa scheme which will provide individuals age 50 or older with a visa that could last for a duration of 10 years. To quote directly from the Bangkok Post:

The cabinet on Tuesday extended to 10 years from one the long-stay visa for foreigners aged 50 or more but they must report to immigration police every 90 days. The visa will be valid initially for five years and could be renewed for another five, Col Apisit Chaiyanuwat, vice minister at the Prime Minister’s Office, said.

It should be noted that as of the time of this writing, this blogger has yet to see this new visa scheme implemented in practice. However, it appears by all accounts that the government is serious about eventual implementation. According to the Bangkok Post and other sources the new visa fee will be 10,000 baht for these “extended retirement visas” and the applicant for such a visa will need to be able to demonstrate that he or she has maintained a bank balance of at least 3 million baht in a Thai bank account for one year prior to the application for such a visa. Of keen interest to many expats in Thailand is whether this scheme is intended to supplant the currently existing scheme granting 1 year Thai retirement visas. As of the time of this writing it appears that this newly proposed system will not have an impact on the 1 year retirement visa framework which is already in place, but will instead operate parallel to the current regime.

Meanwhile, while on the one hand the Thai government appears willing to provide more ease to certain individuals staying long term in Thailand, on the other hand the Immigration authorities seem very serious about keeping certain foreigners out of Thailand. According to a posting on the Stickboy Bangkok website, it appears that the era of so-called “visa runs” or “border runs” has finally come to an end once and for all. As noted on that site, it appears that new immigration rules have been promulgated through publication in the Royal Thai Gazette. It appears that the new rules will only allow 2 “border runs” per year. This will effectively put an end to the system of maintaining lawful status in Thailand by simply traveling outside of Thailand via overland border crossings and immediately coming back into the Kingdom.

It should be noted that the apparent ban on border running only applies to exemption stamps (the 30 or 15 day stamps granted to those of certain nationalities who arrive at a Thai border without a visa). It does not apply to multi-entry tourist visas or multi entry non-immigrant visas such as the business visa. It should be noted that the recent changes being implemented regarding border runs and the new enforcement of blacklisting foreign nationals who overstay in Thailand longer than 90 days creates a far less lax attitude toward immigration matters in Thailand.

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1st August 2016

In prior postings on this blog the issues of Thai immigration law and immigration enforcement have been discussed. In a rather recent posting it was noted that Thai immigration is placing increased scrutiny upon those seeking marriage visas (officially referred to as Thai O visas) in the Kingdom. It appears that after discovery of a spate of sham marriages perpetuated in order to obtain Thai immigration benefits, Thai immigration authorities began to subject Thai marriage visa applications to more intense scrutiny. This matter apparently remains a top priority of immigration officials in Thailand as a recent article in the Bangkok Post points out that high ranking officials with the Royal Thai Immigration Police have issued new directives with respect to this issue:

Pol Lt Gen Nathathorn warned officers against dishonest acts as he listed the bureau’s action plans to screen foreigners in the country illegally…He ordered immigration officers to investigate if authorities colluded with foreigners to help enable sham marriages.

This news comes amidst the recent revelation that the so-called “border run” method of maintaining lawful immigration status in Thailand is coming to an end. In a recent posting on the Love Pattaya Thailand website it has been noted that as of August 13th 2016 the days of visa running to obtain a 15, 30, or even 60 day stamp is coming to an end. To quote directly from the aforementioned website:

The Immigration Bureau have already told the officials to refuse entry to foreigners on visa runs as a measure to stop the exploitation of tourist visas and visa exemptions to live or work here. Tourists wishing to extend their stay in Thailand must now need to exit the country and apply for a proper tourist visa

In the past, one could hope to obtain a new thirty day stamp at the airport in Thailand so long one was willing to fly out of the country and immediately get on a plane and fly back in. It appears that this is no longer feasible as so-called “fly-out/fly-in” visa runs will be discouraged following August 13th to the point where presumably such travelers will be turned away and not permitted to reenter the country without a duly issued visa from a Royal Thai Embassy or Consulate abroad.

Meanwhile, Japan just recently solidified her position as the number one tourist destination of people from Southeast Asia. Japan tops the list of most favored tourist destinations among Thai nationals. It appears that Thai tourism numbers in Japan has been on the upswing since the easing of visa rules for Thai nationals including 15 day visa free travel.

This news comes at the same time as news that Taiwan is allowing Thai tourists to travel visa free to that country starting August 1st. It will be interesting to see if this move has a positive impact upon the tourism sector in Taiwan.

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