Integrity Legal

In an apparent effort to deal with a are number of foreign nationals using Thai Tourist visas for unintended purposes, the authorities at the Ministry of Foreign Affairs are instructing Consular Officials at Royal Thai Embassies and Consulates to heavily scrutinize applicants for tourist visas. This edict seems especially targeted at Consulates and Embassies in the Southeast Asia region.  Thaivisa.com is covering the story and quotes the edict directly:

“As there has been a number of visa applicants having entered Thailand via tourist visa and misused it to illegally seek employment during their stay and, upon its expiry, sought to re-apply their tourist visas at the Royal Thai Embassy or the Royal Thai Consulate in neighboring countries, requests for visa renewal by such applicants are subject to rejection as their applications are not based on tourism motive, but to continue their illegal employment, which is unlawful.

This is in accordance with the Immigration Act, B.B. 2552 which stipulates that visa applicants are required to clearly express their real purpose of visiting Thailand. Should the case be found that the applicant’s real intention were concealed, the application will be rejected.

Please be informed that the intention of applicants to repeatedly depart and re-enter Thailand via tourist visa issued by the Royal Thai Embassy or the Royal Thai Consulate in neighboring countries in recent years upon its expiry, is considered as concealment of real purpose of visiting Thailand. Thus their visas applications will be rejected.”

Unlike the Thai O visa and the Thai Business visa, the Thai Tourist visa is not designed for those who wish to work in the Kingdom.  One present on a tourist visa is not entitled to apply for a Thai work permit. Due to this restriction, many foreigners opt to stay in Thailand and work illegally or “off the books.” Although tolerated at one time, this practice is viewed with increasing animosity by Thai Immigration officials particularly since the world wide economic downturn.

Thailand’s policy regarding this practice is similar to Section 214b of the United States Immigration and Nationality Act. This statute creates the presumption that those entering the United States on a non-immigrant visa, like a US Tourist visa, are in fact intending immigrants. United States Consular officers often reject tourist visa applicants because they cannot demonstrate true “tourist intention,” meaning that they do not have sufficiently strong ties to a country outside of the US which would compel them to depart the United States.  Working in the United States on a tourist visa without work authorization is also considered to be a major violation of non-immigrant status (although not a ground of inadmissibility). Thailand seems like it is beginning to tighten up immigration protocols and coincidentally these measures are making the system resemble the US Immigration system.

Tags: 214 b, 214(b), Thai Business Visa, Thai Immigration, Thai O Visa, Thai Tourist Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand o visa, Thailand Tourist Visa, Thailand Visa, US Immigration, US Visa Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Visa, Upcoming Legislation, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 2 Comments »

For those who opt to take up an expatriate lifestyle the issue of Thai visa status can be a crucial one. One’s Thai visa status is determined by the category of visa that is initially issued. Therefore, if a Thai consulate outside of the Kingdom of Thailand issues an applicant a Thailand Business visa, then that entrant’s visa category, and therefore status, is “B.”

In cases where a foreigner wishes to remain in Thailand in order to pursue legitimate educational objectives, then a Thai ED Visa is the category used to remain present in the Kingdom. For “miscellaneous” purposes and for reasons related to filial kinship, the O visa category is the proper Thai visa to acquire. Depending upon the reason for Thailand O Visa issuance, a Thai work permit may or may not be easily obtainable.

The ability to file for a Thai work permit depends heavily upon one’s status in the Kingdom. For instance, the holder of a Thai Education visa generally cannot obtain a Thai work permit. A situation such as this is one where change of status comes into play. A foreigner in possession of a Thai education visa will need to switch to another category in order to apply for a Thai work permit. An interesting corollary to this notion is the Thai F visa category which is a visa for official or quasi-official purposes (this is different from the US F visa, which is an education visa). Those who hold an “F” category Thai visa do not need to obtain a Thai work permit in order to work in the Kingdom because the right to work is inherent in the visa itself.

Visa status conversion can be a somewhat difficult process within the Kingdom. There is always the option of going abroad, obtaining a new visa, and reentering under a different immigration classification, but for those who do not wish to leave the country, this option may be unacceptable.

When changing categories in the Kingdom, the general rule is that the applicant for change of status must have at least 21 days of validity left on their current Thai immigration stamp. Changing status from one category to another can be more difficult depending upon the original category. Generally, the Royal Thai Immigration Police do not prefer to change an applicant’s status from visa exemption to a proper category. In these situations, they prefer that the applicant depart the country, obtain a proper visa, and return for a Thai visa extension at a later date. That being said, conversion from an exemption to a visa category can be achieved, but conversion is done at the discretion of the Royal Thai immigration officer.

It should be noted that change of status is different from obtaining a Thailand visa extension. For those who enter the Kingdom on a 60 day Thai tourist visa, it may be possible to obtain an extension of the visa for thirty days at the Immigration office. However, this does not mean that the applicant has changed visa category, only that they have increased the valid period of their Tourist visa. This is the same for those who enter the Kingdom upon a business visa and opt to extend the visa to have a year’s validity. The applicant remains in “B” visa status, but the validity period is extended.

Tags: Thai Immigration, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand ED Visa, Thailand Immigration, Thailand o visa, Thailand Visa, Thailand Work Permit
Posted in Miscellaneous, Thailand Business, Thailand Visa | No Comments »

For those who are present in Thailand on a long term visa it may eventually become necessary to obtain a Thai visa extension. A Thai visa extension allows the bearer to remain in the Kingdom of Thailand for a specified period (usually 1 year). That being said, if the holder of an extended Thai visa leaves the Kingdom, then the visa will automatically expire upon departure. The Thailand visa extension will not extinguish if the visa holder obtains a reentry permit. A Thai reentry permit is similar to a reentry permit for a USA visa in that it puts the Thai government on notice that the visa holder wishes to return to Thailand and does not intend to abandon his or her Thai visa.

Only an office of the Royal Thai Immigration Police can grant a reentry permit. Generally, there are two reentry permit classifications: the single exit permit, and the multiple exit permit. The multiple reentry permit is more costly than its single entry counterpart, but it may be wise to obtain a multiple exit reentry permit even if one is not immediately intending to leave the Kingdom of Thailand. I would argue that paying an extra fee for the multiple exit permit would be prudent in order to forestall losing one’s visa status should some sort of unforeseen eventuality arise.

The Reentry permit should not be mistaken for the Thailand multiple entry visa. A multiple entry visa usually allows the bearer to remain in Thailand for 90 days at a time over the course of the visa’s validity.  One major difference between the Thai visa extension and the Thai multiple entry visa is the fact that a person utilizing a multiple entry visa breaks their status every time the depart the country (even for a short period of time in the case of a “visa run”).  The person remaining in Thailand on an extension retains the benefit of enjoying unbroken visa status.

Even with a reentry permit, the holder of an extended Thai visa is still required to report their address every 90 days at the Thai Immigration office that has jurisdiction over their place of abode. Technically, passing through the Thailand Immigration checkpoint with a valid visa extension and reentry permit is a sufficient substitute for the 90 day reporting requirement because Thai Immigration simply wants to make sure that the foreign national checks in with their agency at some point during any 90 day period.

A Thai reentry permit should not be confused with a Thai work permit which is necessary in order for a foreigner to obtain lawful employment in Thailand. One should be aware that just because one has a valid reentry permit, their work permit may expire on a different date from their visa and take measures to ensure that all of these documents are kept up to date.

(Note: This information is for educational purposes and is subject to change. No fiduciary relationship should be construed to exist between the author and any reader of this posting.)

Tags: Multiple Entry Visa Thailand, Reentry Permit, Thai Immigration, Thai Multiple Entry Visa, Thai Visa, Thai Work Permit, Thailand Immigration, Thailand Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Visa | No Comments »

Tuesday July 22, 2009 the website Thaivisa.com is reporting that the Royal Thai Consulate in Penang has apparently made a rule restricting issuance of multiple Thai tourist visas. As can be imagined, this is causing something of a stir among expats and long term vacationers in Thailand because the Royal Thai Consulate in Penang has long been a traditionally convenient post for those wishing to extend their stay in Thailand.

In recent years, the Royal Thai Consulate in Penang has tightened their regulations with regard to issuance of the Thai business visa. In many cases, applicants were continuously traveling to Penang, Malaysia in order to obtain visas for extended stays in the Kingdom with the bonus of having the right to petition for a Thailand work permit should it be deemed necessary at a later date.

The Thai Tourist visa is, by definition, not a visa intended for those wishing to engage in employment activities within the Kingdom of Thailand. Instead, it is a visa designed to allow foreign  nationals entry into Thailand for recreational purposes.  There have been cases where the Thai tourist visa was used to remain in Thailand and work illegally. A similar situation occurs in the United States when foreign nationals enter America using a US Tourist Visa and subsequently obtain employment. As the holder of a US Tourist visa does not have work authorization in the United States, this method of immigration is illegal. In both cases, the respective governments feel the need to crackdown on such activity in order to keep up enforcement of administrative and labor regulations.

That being said, in the case of restriction of Thai Tourist Visas one has to wonder if now was the appropriate time to make the rules more stringent. Currently Thai tourism is at one of its lowest ebbs in years. A combination of domestic turbulence, airport closures, and the world economic crisis has left much of the tourist sector in dire financial straits. Although, this author agrees that the Thailand immigration rules must be enforced, it seems an inopportune moment to begin such enforcement.

It should also be noted that this may not be a rule initiated by the Immigration authorities in Thailand. Consulates and Embassies abroad are governed under the jurisdiction of the Thai Ministry of Foreign Affairs. That being said, Consulates and Embassies are allowed to set their own rules with regard to who they will issue visas to and under what conditions. It would seem that the Consulate in Penang has exercised their discretion in order to clamp down on those abusing the Thai Tourist Visa.

(This is not legal advice, nor should it be used as such. A lawyer-client relationship is not created by reading this posting.)

Tags: Royal Thai Consulate Penang, Thai Business Visa, Thai Immigration, Thai Tourist Visa, Thailand Business Visa, Thailand Immigration, Thailand Tourist Visa
Posted in Legal Opinion, Thailand Business, Thailand Visa | No Comments »

I was speaking with a Thai-British Dual national recently who only just obtained documentation reflecting his Thai nationality. There are some interesting misconceptions regarding Thai Nationality. One of the first major misconceptions is the idea that one is not Thai until they obtain a Thai Identification Card or a Thai passport. In point of fact, if one is born Thai, then regardless of whether they obtained a Thai ID card, they are Thai from birth.

There is also a mistaken belief that if one is born to a Thai mother outside of Thailand, then the child is not a Thai national. Again, this is not the case. Any person born to a Thai mother is Thai. Another very interesting aspect of Thai law regarding nationality is the idea that any person born of two immigrants in Thailand is Thai. This provision should not be misconstrued, under Thai law an immigrant is one who has what we call Thai permanent residence. Therefore, a child of two Non-Immigrant visa holders (Thai B Visa, Thai O Visa, Thai ED Visa, etc.) will not be born a Thai national. However, in the past what is now known as Thai permanent residence was given out quite frequently to those entering the Kingdom and as a result, the offspring of those immigrants were given Thai nationality from birth.

After reading through the provisions of the Thai nationality act, it is clear that specific legal mechanisms were created for Thai women to renounce their Thai Citizenship. Women could renounce their citizenship if they were taking the citizenship of their foreign husband (other provisions in the act were created to allow Thai citizenship to be reclaimed after renunciation should the Thai woman deem it necessary). However, there are no provisions providing for male renunciation of Thai citizenship. This begs the question: Can a Thai-born man renounce his Thai Citizenship? The answer appears to be: No.  The policy reason behind this bar on renunciation probably stems from the fact that male Thai nationals are subject to conscription for military service. Therefore, the bar on renouncing Thai citizenship seeks to limit the ability of those who may wish to avoid military service, but it creates some confusing scenarios where a Thai man seeks to obtain another nationality. There are certain countries that require renunciation of one’s prior citizenship before naturalization, but where the Thais do not recognize the renunciation it creates a situation in which a person is unable to renounce his citizenship. This then creates a precarious legal predicament because if one is required to renounce previous citizenship, but cannot do so, does this bar them from taking another citizenship?

(None of this post should be considered legal advice. For such advice contact an Attorney. No relationship with an attorney is formed by reading this post.)

Tags: Thai Citizenship, Thai Immigration, Thai Nationality, Thailand Permanent Residence
Posted in General Legal Information, Thailand Visa, Weird Law | No Comments »

There have been some interesting developments regarding the Thai Tourist visa. Recently the Thai government authorities and Royal Thai Immigration announced that they would extend the free tourist visa program. This initiative was designed to spur tourism to Thailand which has been a sector of the economy that was hard-hit by the airport closures in late 2008, government instability at the beginning of 2009, the Asean summit cancellation, the  Songkran disturbances, and the worldwide economic distress. A recent statistic published in Thailand has stated that Tourism in Thailand has decreased by 50% year-on-year, for a country heavily dependent upon foreign tourist currency this finding was disconcerting. By providing free tourist visas the Thai government hopes recreational travel to Thailand will increase.

The free tourist visa program would seem to be just one pillar of Thailand’s long term Immigration program. It would seem that Thai Immigration Authorities want to ween foreigners off of the Thai visa exemption and onto the use of Thai visas. Many foreigners are under the mistaken impression that when they are stamped through the immigration counter at the airport in Thailand, they are provided with a 30 day visa. In reality, the stamp for a person entering without a visa is a 30 day visa exemption. This stamp allows a non-Thai national to remain in Thailand without a visa for the time period stipulated on the foreigner’s passport (currently 30 days at the airport and 15 days at land border immigration checkpoints).

At one time, foreigners were able to remain in Thailand for a nearly indefinite period so long as they made a “visa run” every 30 days to renew their exemption stamp. The authorities issuing Thai visas first put a stop to this practice approximately 3 years ago when they mandated that a person was only entitled to visa exemptions for 90 out of every 180 days. Approximately 6 months ago, the Immigration authorities again changed the regulations. Currently, 15 day visa exemptions will be granted to foreigners at the land border and 30 days will be granted at the airport.  Further, those using visa exemption stamps at a land border will only be able to get 4 consecutive 15 day stamps.

This change of policy has created the necessity for longer term visas. Currently the Thai government is providing free Tourist visas to those who wish to travel to Thailand. The visa has a validity of 60 days, but one can travel to the Thai Immigration office in Thailand and, for an extra fee, one can extend the visa for an extra 30 days intra-country.  Another option is the “double entry” Thai tourist visa. this has a double validity for 60 days (with extendability) and if used properly can confer lawful status to a foreigner in Thailand for 6 months.

Apparently, the free tourist visa scheme is not being well received by some of Thailand’s honorary consulates around the globe, because these posts make a substantial portion of their revenue from Tourist visas. According to government officials in Thailand, these posts will receive reimbursement for the free visas they issue. The free visa promotion does not affect the price of the Thailand Business visa, Thailand O Visa, or the Thailand Retirement Visa.

For information on a related topic please see: US Tourist Visa

(This post is for informational purposes only and is not legal advice. No attorney-client relationship is created between reader and author.)

Tags: Thai Immigration, Thai Tourist Visa, Thailand Immigration, Thailand Tourist Visa, Thailand Visa, Thailand Visas, tourist visa thailand
Posted in Thailand Visa | No Comments »