Integrity Legal

Posts Tagged ‘Thai Consulate’

4th February 2010

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.

more Comments: 04

13th January 2010

Thailand visa issues seem to be one of the most popular topics discussed on this blog. This may be due to the fact that many people who travel to the Kingdom of Thailand find that they would prefer to remain for a long period of time. Unfortunately, obtaining a Thai long term visa seems to be getting more and more difficult as visa regulations become increasingly complex and cumbersome. That being said, there is one rule that can have a major impact upon one’s chances of obtaining a Thai visa. This rule deals with foreign passport validity.

In many cases, Thai Consular Officers working at Consulates and Embassies overseas are hesitant to provide long term visas to Thailand if the applicant’s underlying passport is not valid for the entire duration of the visa. This being said, there is a bright line rule at most Consulates: the applicant must have at least 6 months of validity left on their passport in order for any visa to be issued. However, as a practical matter Consular Officers have a great deal of discretion regarding visa issuance and short term passport validity is frowned upon. This negative attitude could translate into a Thai visa application’s denial if the officer is uncomfortable issuing a visa to the applicant based upon the totality of the circumstances.

For those interested in obtaining a Thailand visa it is wise to have a passport that is valid for at least one year. Further, some posts prefer machine readable passports as they provide an extra level of security and act as a means of preventing visa fraud because it is more difficult to forge a machine readable travel document.

As with US Consulates and Embassies, each Thai Consulate or Thai Embassy has a slightly unique procedure for processing visa applications and as a result the above information should be checked against the post policies and guidelines at the time of application. As a general rule, a Thai visa applicant would be wise to present a well-founded application along with a machine readable passport valid for more than six months, but preferably more than one year.

For Americans seeking a new passport in Thailand please contact the American Citizen Services Section of the US Embassy Bangkok as this office is primarily responsible for passport issuance to those resident in Thailand. For those living in Northern Thailand the US Consulate Chiang Mai can also assist with passport procurement for American Citizens.

more Comments: 04

17th November 2009

As more and more Thais marry foreign nationals the Thai diaspora grows. Many Thai-American couples immigrate to the United States of America using either a fiance visa such as a K1 visa or a marriage visa like a K3 visa or CR1 visa. When these couples have children a few questions arise. First, what is the child’s nationality? Second, is the child entitled to dual nationality. Third, if entitled to a Thai passport how do we go about obtaining one? This is where the Thai Consular Report of Birth Abroad comes into play.

It should be noted that a child born to a Thai mother overseas is born with Thai nationality. A child born to a Thai father abroad is probably Thai although there are some restrictions in the Thai Nationality act. For our purposes we will assume the child is born with Thai nationality.

In order for a Thai national who was born abroad to obtain a Thai passport a Consular Report of Birth Abroad must be obtained by the foreign born Thai. This report of birth abroad is similar to the US Consular Report of Birth Abroad in that it provides proof that the child was born to a Citizen of the Kingdom of Thailand. Pursuant to relevant sections of Thai nationality law, the child of a Thai Citizen is Thai. Therefore, once a report of birth abroad is issued a Thai passport can be acquired.

Some are under the mistaken impression that Thais and Americans cannot have dual nationality. This is not true. There is no provision under Thai law prohibiting dual nationality. Further, United States nationality law does not prohibit dual nationality. The major issue for dual nationals concerns their two home countries. A Thai-American with dual nationality is considered exclusively an American citizen when in the United States of America (or one of its protectorates, possessions, or territories) and exclusively a Thai citizen when in the Kingdom of Thailand.

There can be a great many problems that can arise if one fails to obtain a Thai Consular Report of Birth Abroad on behalf of one’s child. This is particularly true if the child later wishes to reside in Thailand with the same benefits as other Thai citizens. Proving Thai citizenship from birth can be difficult if there has been a long period of time between the child’s birth and subsequent application for a Consular Report of Birth Abroad. There can be particularly daunting problems if the Thai national is a boy because there are military draft requirements for male Thais. If one does not fulfill their draft obligations and subsequently wishes to obtain a Thai passport the bureaucratic difficulties could be legion. Therefore, it may be wise to retain the advice of a Thai attorney or law firm if a man wishes to sort out his Thai nationality after missing his draft year.

A Consular Report of Birth Abroad can be issued at a Thai Embassy or Consulate in the country where the Thai was born. The Thai posts have a section similar to the  American Citizen Services section at a US Embassy which handles Reports of Birth Abroad.

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.