Integrity Legal

Those who read this blog may likely have noticed that the issue of Thai immigration is a frequent topic of discussion. Recently, this author came upon an interesting announcement regarding the issuance of Thai reentry permits at the Suvarnabhumi International Airport in Bangkok, Thailand. The following is quoted directly from the official website of Suvarnabhumi International Airport:

In a previous posting on this blog, the administration pondered the prospect of Thai reentry permits and whether they would ever again be available at the airport as opposed to the Royal Thai Immigration Headquarters at Chaeng Wattana. It would appear that from this point onwards, Thai reentry permits will be available to departing foreign nationals at the airport.

For those who are unfamiliar with the protocols and rules associated with Thai immigration, anyone present in the Kingdom of Thailand on a Thai visa must obtain a reentry permit prior to leaving the Kingdom of Thailand. Those who fail to obtain a Thai reentry permit prior to departing Thailand may lose their Thai visa status upon departure. For this reason, reentry permits should be obtained by anyone in Thai visa status who wishes to return to Thailand. A frequently asked question in this vein is: do I need a reentry permit if I am present in the Kingdom on a visa exemption? The short answer: no. Those who enter the country on a Thailand visa exemption cannot obtain a reentry permit as they are not technically in possession of a valid Thai visa. Those present in the Kingdom of Thailand on a Thai visa extension are required to obtain a Thai reentry permit prior to departure lest the foreign national fall out of status entirely upon departing Thailand. The same can be said for those who are present in Thailand with lawful permanent residence. A Permanent Resident in Thailand must receive authorization to leave the country whilst simultaneously maintaining lawful status in the Kingdom or else face the prospect of falling entirely out of status upon departure.

Those who are present in the Kingdom of Thailand on a multiple entry one year Thai visa should not need to obtain a Thai reentry permit when departing the Kingdom, but those with a multiple entry visa are generally required to depart the Kingdom at least every 90 days in order to maintain lawful status.

Fore related information please see: Thailand business visa or Thai Work Permit.

Tags: Multiple Entry Thai Visa, Multiple Entry Thailand Visa, One Year Thai Visa, One Year Thailand Visa, Reentry Permit, Suvarnabhumi, Suvarnabhumi International Airport, Thai B Visa, Thai Business Visa, Thai Immigration, Thai O Visa, Thai permanent residence, Thai Reentry Permit, Thai Retirement Visa, Thai Visa, Thai Visa Extension, Thai Visas, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand ED Visa, Thailand Education Visa, Thailand Immigration, Thailand o visa, Thailand Permanent Residence, Thailand Reentry Permit, Thailand Retirement Visa, Thailand Visa, Thailand visa extension, Thailand Visas
Posted in News, Thailand Business, Thailand Visa, Thailand Work Permit | No Comments »

In a recent posting on the Chiang Mai Mail website, issues surrounding foreigners’ rights in Thailand were discussed. The issues came up in the context of a recent road show conducted by the Thai Ministry of the Interior. Foreigners residing in Thailand sometimes find it difficult to fully exercise their rights as the rules themselves can be somewhat vague. For example, the issue of alien registration on a Thai Tabien Baan can be confusing as few foreign nationals are fully aware of their right’s regarding registration. To quote the Chiang Mai Mail’s report about the recent Interior Ministry Roadshow:

Holders of Permanent residency can get a blue book (Tor Ror 14) and holders of temporary visas can get on the yellow book (Tor Ror 13) before they can apply for naturalization. The Provincial Administration reiterated an important point, that foreigners have the right to be listed on the census registration, “It is not well known even among officials. We have contacted registration officials that you have this right and you should insist on it.”

For many, registration on a Yellow Tabien Baan is beneficial because many Thai government offices view a Tabien Baan as definitive proof of lawful presence in Thailand and use the information in the Tabien Baan accordingly. Another issue that came up at the aforementioned roadshow was the issue of naturalization of those seeking Thai Citizenship. In the past, the language requirements for naturalization were rather stringent. During the recent roadshow the spokesperson for the Interior Ministry commented upon the revised linguistic requirements for naturalization to Thai Citizenship:

The requirements for naturalization were laid out, including the income requirements for both those married to Thais and those not married to Thais. The linguistics requirement has been reduced but the applicant must be able to sing the National and Royal anthems. Speaking and listening is mandatory but reading and writing is no longer required.

Finally, of particular interest to many foreign nationals in Thailand is that of the 90 day “check in” for foreigners present in the Kingdom on a “temporary” visa such as a Thai business visa or a Thai O visa. Regarding the Ministry of Interior’s stance on the issue, the Chiang Mai Mail was quoted as saying:

The next issue under discussion was Immigration and the right of habitation. Immigration officials discussed the various visas and how to obtain them as well as how to obtain Permanent Residency. The main issue of contention brought up by multiple Consul Generals, including Japanese Consul General Junko Yakata, was that of the 90 day reporting required of all foreigners on long stay visa extensions. Consul General Yakata told the officials that there are 3,000 Japanese nationals living in Northern Thailand. She requested a simplification of the process, perhaps by extending the length of time needed in between reports.

Chinese Consul General Zhu Weimin requested a change in the 90 day reporting procedure as well, citing the large numbers of Chinese students who attend Chiang Mai schools who cannot take time off from school to travel to Immigration to report. He suggested they open on the weekends for those who have jobs and classes.

The official justified the 90 day reporting by saying “it allows us the best possible protection. If someone goes missing then we have more recent information as to their whereabouts to give to the Embassy.”

90 day reporting is currently required of those foreigners remaining in Thailand on a Thai visa extension. Anyone in the Kingdom on an extension must report their address every 90 days. As can be gathered from the above quotation, some foreign nationals in Thailand feel that the 90 day reporting requirement is cumbersome. However, Thai authorities seem unwilling to change the rules as the current system would seem to provide the most efficient method of maintaining records as to the last known addresses of foreign nationals in Thailand. This is important as Thai authorities can use the data from 90 day reporting to apprise foreign governments of the location of their citizens for purposes of death or disappearance in Thailand. In this author’s opinion, the 90 day reporting scheme is rather cumbersome, but no one, as of yet, has provided a feasible alternative which would comport to the needs of all concerned.

For Related Information please see: Thailand Permanent Residence.

Tags: Foreign Tabien Baan, Naturalization, O visa, Tabien Baan, Tabien Bahn, Tambien Bahn, Thai Business Visa, Thai Citizenship, Thai Citizenship Rules, Thai Naturalization, Thai Naturalization Requirements, Thai O Visa, Thai permanent residence, Thailand Citizenhip Requirements, Thailand Citizenship, Thailand Permanent Residence, Thailand Visa, Thailand visa extension, Yellow Tabien Baan
Posted in News, Thai Family Law, Thailand Property, Thailand Real Estate, Thailand Visa, Thailand Work Permit, Upcoming Legislation | No Comments »

Recently, the website Thaivisa.com has reported that the Thai Ministry of Foreign Affairs has announced that the Tourist visa waiver program will be extended. The following is a direct quote from Thaivisa.com:

“Thailand extends tourist visa fee exemption scheme until 31 March 2011

BANGKOK: — The Royal Thai Government has extended the tourist visa fee exemption scheme that had expired in March 2010. As a result of the decision, foreign citizens that qualify for a tourist visa are not subjected to a visa fee. The exemption scheme will be in effect from 11 May 2010 until 31 March 2011 (the fee exemption is not extended to other types of visas).

For further information please contact the Consular Department, Ministry of Foreign Affairs of Thailand (662-981-7171)or the Royal Thai Missions or visit Visas and Travel Documents webpage.”

Although the impact of this program remains to be seen it can be assumed that this can only benefit the Thai Tourism sector, particularly in light of the recent disturbances in Bangkok. Hopefully, this fee waiver, along with a concerted effort by Thai Tourism authorities will lead to an increase in the annual number of tourists traveling to the Kingdom of Thailand.

It should be noted that this will likely not have any impact upon the fees associated with other categories such as the O visa and the ED visa. However, business travelers to Thailand still seem to be applying for the Thai business visa with the same frequency as was the case prior to the recent slump of travelers to Thailand.

Those interested in obtaining a Thai tourist visa should contact the nearest Royal Thai Embassy or Consulate. In the immediate vicinity of the Kingdom of Thailand the most popular destinations for “visa runs” are Laos, Malaysia, and Myanmar. Although Cambodia is a frequent destination for Thai visa runners it is not generally the location of choice for those wishing to obtain a new visa, but is instead rather popular for those who simply wish to travel to the border and get stamped in and out of Thailand.

The Royal Thai Consulate in Penang was once a popular locale for “visa runs,” but fewer visa runners seem to be using this post since they seem to only allow issuance of one Tourist visa per applicant. Recently the Thai Embassy Kuala Lumpur began requiring a that applicants have a work permit with a rather lengthy period of validity remaining  when applying for a 1 year Thailand business visa. This has caused many who seek 1 year Thai visas to opt to seek such travel documents at other Consulates.

For further information please see: Thailand Tourist visa.

Tags: Thai Business Visa, Thai Consulate Penang, Thai ED Visa, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand Embassy Kuala Lumpur, Thailand Visa
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa, Upcoming Legislation | 16 Comments »

Traveling to the United States of America, for any purpose, can be a costly and arduous endeavor. Recently the American Immigration Lawyers Association distributed a a memorandum that was promulgated by the United States Customs and Border Protection (USCBP) Service. In this memorandum the Foreign Affairs Manual was referenced. The following is a direct quotation from that memorandum:

“The Department of State (DOS) recently revised 9 FAM 41.104 Exhibit I, entitled, “Countries that Extend Passport Validity for an Additional Six Months after Expiration.” The Inspector’s Field Manual (IFM) Appendix 15.2 will be amended to reflect the new DOS 6-month list.”

The Inspectors Field Manual is important because it notes the countries that will extend passport validity by six months past the date of passport expiration. The memorandum goes further and discusses specific countries that will no longer be recognized as allowing this type of extension past the underlying passport’s validity:

“Among the countries that have been removed from the 6-month list since the last revision of the IFM are the following: Bangladesh, Cuba, Ecuador, Holy See, Italy, Jordan, Kazakhstan, Kuwait, Laos, Oman, Russia, Senegal, Sudan, Syria, and Togo.“

We have posted this information in order to better inform those travelers from the aforementioned countries who are accustomed to traveling to the USA on a passport with little, or no, official validity left. It would be unfortunate for an individual from one of the countries listed above to travel to the USA only to find that they are inadmissible due to the fact that they no longer have a travel document that is recognized as valid by United States Customs and Border Protection.

Thai Authorities generally require that those applying for a Thai visa have at least 6 months of stated validity on their passport. This is due to the fact that Thai officials do not like to issue visas with a validity that stretches substantially past the the date of the underlying passport’s validity period. In some cases, a Thai tourist visa can be obtained when there is little validity left on the passport, but these cases are rare. In cases involving the multiple entry one year Thai business visa or the one year Thai O visa, it has become practically a hard and fast rule that the validity of the passport be more than 6 months before a visa will be issued.

For further information about passports and travel to the USA please see: US Visa Thailand. For further insight into Thai Immigration matters please see: Thailand visa.

Tags: passport, Thai Immigration, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand Visa, United States Customs and Border Protection, US Immigration, US Visa, US Visa Thailand, USCBP
Posted in Department of Homeland Security, General Legal Information, Thailand Visa, US Visa and Immigration, US Visa Thailand, USCBP | No Comments »

In a recent posting of the website ThaiVisa.com, the issue of Thai tourist was discussed in the context of Thai Immigration. Frequent readers of this blog will remember that until March of this year, Thai Tourism officials, in conjunction with the Ministry of Foreign Affairs, had been granting tourist visas to Thailand free of charge. Apparently, this program is to be extended. The following is quoted from ThaiVisa.com:

“The Ministry of Tourism and Sports has extended tourism stimulus measures for one year until 31 March 2011 to assist tourism related entrepreneurs who were affected from the demonstration of the United Front of Democracy Against Dictatorship (UDD). Tourism and Sports Minister Chumpol Silapa-archa announced on Thursday that the ministry has resolved to extend the assistance measures to help tourism related entrepreneurs while road show activities must be organized on a continuous basis to further stimulate tourism. The stimulus measures include the exemption of visa fees for foreign tourists, travel insurance for foreign tourists of not more than 10,000 USD, low interest rate loans, and extension of loan payment periods.”

Hopefully, these measures will provide a benefit to Thailand’s struggling tourism sector which will likely be adversely impacted by the unrest in Bangkok that has occurred over the recent weeks. The report went on:

“The minister added that the number of tourists travelling [sic] into Thailand at airports in general have not decreased, but on the other hand, is more than the number in the same period last year because the figure last year was very low. Mr Chumpol admitted that tour bookings in Bangkok would be affected from the mass rally of the UDD now taking place at Ratchaprasong Intersection. However, those in other areas, especially in the southern islands of Phuket and Samui would not be affected.”

This author would argue that although Tourism has been impacted by recent events in Thailand. There may be another explanation for the seemingly lower tourism figures (or at least the lower numbers of people pursuing Thai Tourist visas). One of the causes could be the fact that more and more tourists in Thailand are “Long Stay” tourists, meaning that they prefer to remain for 3,6, 9, or even 12 months at a time. Many such travelers prefer to come to Thailand using an O visa as such a visa can be granted with a validity as long as one year. Others prefer to use a Thailand business visa. A Thai business visa provides the benefit of creating a foundation for a Thai work permit application should the need for such documentation arise. Although an individual present in the Kingdom on a business visa does not strictly meet the definition of “tourist,” many people come to Thailand using a “B” visa and conduct business meetings in Thailand before pursuing more recreational activities.

Tags: Free Thai Tourist Visa, Free Thailand Tourist Visa, Free Thailand Tourist Visas, Free Tourist Visa Thailand, Long Stay Thailand, Long Stay Visa Thailand, long term visa Thailand, O Visa Thailand, Thai Business Visa, Thai Immigration, Thai Long Stay Visa, Thai Long Term Visa, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand o visa, Thailand Tourism
Posted in Thailand Business, Thailand Visa, Thailand Work Permit | No Comments »

There are many who dream of retiring in beautiful Thailand with its sunny skies, temperate climate and beautiful beaches. For many, retirement in Thailand is akin to retirement in paradise, but under Thai immigration rules, “retirement,” does not begin until an individual reaches fifty years of age. Recently, this author has been questioned by many regarding the age requirement of the Thai retirement visa. In many western countries “early retirement,” is a common occurrence. In Thailand, this is not so common and the Thai Immigration regulations reflect this cultural difference. Fortunately, there are alternatives to the retirement visa that can be used in a similar manner.

Many people in their late forties go into retirement or semi-retirement in Thailand. The benefit of a retirement visa from the standpoint of some is the fact that this visa does not require regular “border runs” or “visa runs.” This is mostly due to the fact that Thai retirement visas are similar to Thai visa extensions. When one is granted a visa extension in Thailand, the person is allowed to remain in the Kingdom for the uninterrupted period noted in their passport. Therefore, if one is granted a 1 year extension, then that individual may remain in Thailand for an entire year without leaving. The visa holder must check in with Royal Thai Immigration once every 90 days, but otherwise there are no further requirements.

For those under 50 wishing to remain in Thailand, obtaining a visa extension can be very difficult. For the Business visa holder, one must have a valid work permit as well as a sponsoring company in order to be granted a visa extension. An O visa holder must have a bona fide reason for extending the underlying visa. In many cases, showing kinship with a Thai national is enough to get a Thai visa extension. However, this does not guarantee extension application approval. As extensions can be difficult, many look to the retirement visa as a way of remaining in the Kingdom. However, there are no exceptions to the age requirement and therefore pursuing such a visa would be futile for someone under 50.

In many ways, a Thai business visa is a superior travel document as it is more flexible than the retirement visa because it does not “pigeon hole” the visa holder into only one activity. There is no prohibition on Business visa recipient’s remaining in the Kingdom unemployed. Instead, the visa holder need simply maintain lawful status and avoid becoming a ward of the state. If these requirements are met, then the business visa holder can remain in the Kingdom long term.

Tags: Business Visa Thailand, Retirement Visa Thailand, Thai Business Visa, Thai O Visa, Thai Retirement Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand o visa, Thailand Retirement Visa, Thailand Visa
Posted in General Legal Information, Thailand Visa | No Comments »

It is interesting to discuss recent changes in Thai Immigration rules with the so-called “old timers” or “old Thailand hands” because they can remember far simpler times when Thai Immigration rules were far less byzantine and self-contradictory. That being said, Thailand was also a far less hospitable place in the past and a by-product of Thailand’s overall economic expansion has been a tightening of Thai Immigration regulations.

At one time, immediately following the second world war any entrant into the Kingdom was immediately accorded immigrant status which today would be known as Thai Permanent Residence. Although not Thai Citizens, Immigrant in the Kingdom were accorded a great many legal rights and privileges.

As time passed, a new immigration category was added: Non-immigrant. This category was initially intended for obvious tourists and other persons present in the Kingdom with non-immigrant intent. At this point it was still relatively easy to acquire permanent resident status in the Kingdom of Thailand. A visa holder classified as non-immigrant could generally convert their visa to the immigrant visa category within a few weeks and legally take up permanent residence (a process called adjustment of status in present USA visa parlance).

In the early to middle nineteen seventies, the sub-stratification of the non-immigrant visa category began. Within the non-immigrant visa category, the entrant was deemed to be in the Kingdom for a certain purpose. As a result there were Thai tourist visas, Thai business visas, Thai O visas, etc. Also, at this time, Thai Permanent Residence became extremely difficult to obtain when compared to the ease with which it could have been acquired in the past. Quotas were set regarding the number of applications that would be accepted for applicants of differing nationality.  An applicant was also required to remain in the Kingdom for at least three consecutive legally unbroken years before an application for residence would be accepted.

It is also interesting to hear about times past because the Thai work permit was originally not an issue. For a long time, it was not necessary for a foreign national in Thailand to obtain a work permit in order to be employed in the Kingdom. In the nineteen seventies, this situation changed and any non-Thai national was compelled to acquire a work permit to be employed in Thailand. Originally, many people were granted lifetime work permits. In other cases, the work permit itself had to be renewed but the particulars of the permit were not reviewable. This meant that although one had to maintain the necessary fees, the Ministry of Labour could not cancel the permit for any reason other than failure to pay the administrative fee. All of this is very different than the system today where Thai work permits are constantly renewable and visa regulations seem to change with the wind.

Tags: Thai Business Visa, Thai O Visa, Thai permanent residence, Thai Work Permit, Thailand Business Visa, Thailand Permanent Residence, Thailand Visa, Thailand Work Permit
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa, Weird Law | No Comments »

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 »

In recent weeks there appears to be an upward trend in the Thai property market. Looking at the situation strictly from the standpoint of a foreign attorney, more people seem to be looking into purchasing Thai property. That being said, what type of Thai property is seemingly in demand?

There seems to be renewed interest amongst foreign nationals in obtaining a Thai Condo. These Condos often have the benefit of conferring foreign freehold ownership to the foreign national in the Thai Title Deed. Further, by obtaining a foreign freehold Title deed, the foreigner would likely be able to obtain a Yellow Tabien Baan, which is a house registration specifically designated to non-Thai nationals. Although somewhat difficult to obtain, there are many benefits associated with a Tabien Baan. Another benefit to the owner of a Thai condo: easier obtainment of a Thai O visa.

Aside from the legal benefits of purchasing Thai real estate, it would also appear as though the property market has stabilized and demand is on the rise. Many people take the view that the Thai property market has “bottomed out,” although we cannot make speculations as to the accuracy of this claim, the plausible argument could be made that the seemingly continuous descent of the property market is at an end.

What does this mean for the potential buyer? For starters, it means that one should carefully weigh all options before making a decision to buy property. Further, a prospective buyer should conduct due diligence in order to ensure that the property in question is valuable and the seller does in fact have the right to the property he wishes to sell.

Often when buying Thai Condos, it is wise to wait until a building is actually built before putting any money down as a deposit. Unfortunately, Thailand is rife with stories of unsuspecting buyers who put up a down payment on a property development only to see the developer go bankrupt before the building was completed thereby leaving the prospective buyer with a deposit down on an unconstructed untitled piece of property. in order to avoid situations such as this it may be wise to retain a property lawyer.

Finally, with the Thai property market apparently on the upswing, transaction taxes and fees may be on the rise as well. Since the Thai government imposes land transfer fees based upon the price of the Real Estate rising prices may create an environment of rising fees.

(Nothing Contained herein should be construed as legal advice. No attorney client relationship, express or implied, is created by reading this piece.)

Tags: Tabien Baan, Thai Condo, Thai O Visa, Thai Property, Thai Real Estate, Thai Title Deed, Thailand Property, Thailand Real Estate
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Property, Thailand Real Estate, Thailand Visa | No Comments »