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Posts Tagged ‘Thai Visa’

5th September 2009

This blog has often compared and contrasted the difference between the Immigration procedures for obtainment of a US Visa and a Thai Visa. To further compare the two systems, this post will provide a brief overview of the financial requirements one must meet in order to obtain a visa to Thailand or the United States of America.

In order to sponsor a traveler to the United States, one must first decipher the type of visa the traveler will be using. In the case of Non-Immigrant visas (F1 student visa, J1 exchange visa, or B1 Business Visa) the applicant must be able to prove that they or their sponsor will be able to pay the expenses related to the trip. In the case of F1 and J1 visas, the applicant must show that they will also fully pay for their educational endeavors or their exchange program. In some cases, the J1 visitor must reimburse the public education system where they stay in order to obtain the J1 visa.

In the case of United States Immigrant IR1 and CR1 visas for family members from Thailand, the American Citizen must show that they meet the income or financial requirements in order to act as sponsor for their loved one. The basic concern of the Consular officer revolves around the notion that the Immigrant could become a “public charge,” if the American Citizen does not have the resources to pay for the foreign spouse. An I-864 affidavit of support is used to assist in determining if the American is capable of sponsorship.

The K1 visa is a combination of the non-immigrant and immigrant visas. That being said, an affidavit of support must be filled out by the American Citizen. The difference between the I-134 and I-864 is the fact that the I-864 is more legally binding with regard to the sponsor. If the foreign entrant ever becomes a ward of the state, then the sponsor could be forced to reimburse the American government for the expenses the foreign national incurs. The K3 visa, although a marriage visa, is technically a non-immigrant visa so the American Citizen must simply submit an I-134 affidavit of support.

In Thailand, there are certain Thai visa categories which require that the applicant show that they have some sort of financial safety net. Visas such as the Thai retirement visa and the Thailand O visa (based upon marriage), require the visa holder to continually prove that they either meet a prescribed minimum monthly income or have a certain amount of money in a Thai bank account.

For those applying for Thai visas outside of Thailand, certain consulates have differing financial requirements depending upon the visa category. Therefore, one wishing to obtain a Thai Business Visa may be required to show a minimum bank balance. The minimum financial requirement may vary from post to post.

The United States Embassy in Thailand, diligently scrutinizes the financial resources of those applicants wishing to obtain an American visa. Many people believe that there is some sort of magic numerical amount of money that if shown in a bank account will guarantee visa application approval. In reality, the Embassy looks at the “whole picture” when making decisions on US tourist visas and often simply having a large bank balance is not enough to obtain a tourist visa. Further, in cases where an American boyfriend tranfers a large amount of money into a Thai applicant’s bank account in an effort to “beef up” the applicant’s credentials, the Embassy can tell that the bank balance is artificially inflated and will likely deny the application. It is never wise to manufacture evidence in order to obtain a United States visa on behalf of another.

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1st September 2009

Speculation abounds as rumors circulate about possible price increases for Thai work permits. A common misunderstanding regarding Thai law is that the right to work is built into a foreigner’s Thai visa. This misconception is particularly acute with regard to the Thailand Business Visa. It is easy to believe that a business visa would entitle the holder to work in the country, but in Thailand, as in the United States on a B1 visa, foreign nationals are only allowed to work after obtaining Thai Ministry of Labour approval in the form of a Thai work permit.

The Nation, in conjunction with Thaivisa.com is reporting on the matter, to quote their report:

“The Phuket Gazette has learned that recent rumors of substantial increases in work permit fees may be well-founded. Discussions are underway in the Department of Employment that could once again lead to massive hikes in these annual fees.”

This situation appears quite alarming to expats in Thailand because within recent memory another dramatic fee increase caused consternation due to the enormity of the difference in cost before and after the fee increase took effect. To quote further from the Thaivisa.com website:

“The last hike in work permit fees occurred in September 2002, delivering an impressive 200% hike, an event that triggered lively and colorful comments on ThaiVisa.Com, host to Thailand’s largest English-language Web forum. Some recent comments in that forum, albeit from sources undisclosed and/or unofficial, foreshadow this month’s hike as likely to be something well over 100%.”

Six thousand Thai baht is only roughly equivalent to approximately two hundred United States dollars and compared to the Immigration system in the United States, United Kingdom, or many countries in the European Union the fees are relatively low when one takes into account the fact that the bearer of a work permit is given the right to work in a foreign country. Even keeping these factors in mind, an increase of one hundred percent is still considerable and substantial, particularly for the small Thai business employing foreigners or for the expat living in Thailand and running a small business.

One explanation for this fee increase could be economic. Although not as hard hit by the worldwide economic crisis, Thailand still has had flat numbers in tourism and the economy is sagging. Further compounding the problem is the prospect of another less-than-optimal high season and the specter of new demonstrations causing foreign investment to flee in search of economies with more stable government. These factors could explain why this fee increase is being brought forward at this time as protectionist attitudes and the need for government revenues increases. It is uncertain if or when the fee increase will occur, but one thing is certain: some foreigners will always want to work in Thailand and they will probably always have to pay some sort of government fee for the privilege.

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29th August 2009

The popular Website Thaivisa.com and the Nation Newspaper are reporting on the news that There is a planned expansion of Thailand’s current international airport. To quote the article:

“Airports of Thailand plans to build a domestic passenger terminal at Suvarnabhumi Airport while inviting the private sector to invest in six projects at the old Don Mueang Airport. Construction of the new terminal will start in 2012 for completion in 2015, to accommodate an additional 20 million passengers a year.”

A question upon the lips of many who read this blog is likely: “What about Getting a Reentry Permit at the airport?” Although these two subjects seem only tenuously related, they may in fact be more related than it appears at first glance.

Up until January 1, 2009 it was possible for long term residents of Thailand to obtain a Reentry Permit at the airport. This is an important stamp to obtain for those present in the Kingdom on a Thai visa extension. When one enters the country on a Thai visa, the visa has a set validity. However, it is possible to have one’s visa extended past the visa’s initial validity. Once obtained this instrument is known as a visa extension. However, the extension does not explicitly permit the bearer to leave the country and return while simultaneously remaining in status. Therefore, it may be necessary to acquire a Reentry permit so that one may leave the Kingdom and return while maintaining the same visa status.

There used to be a Royal Thai Immigration Office at Suvarnabhumi Airport that issued Reentry permits to travelers immediately before they left the country. As could be reasonably assumed, this office was very convenient for those leaving Thailand and wishing to return in status. However, for some unknown reason, this office was closed and currently it is not possible to get a Royal Thai Immigration extension issued at the airport. Those wishing to get a reentry permit must do so at another Thai Immigration office.

Hopefully, with the addition of a new terminal, the increased space at the airport may make it possible to reopen an Immigration office in order to facilitate the issuance of reentry permits. This being said, there appears to be no plan in place for opening any new Immigration offices at the airport.

It should be reiterated that anyone staying in Thailand on a visa extension should obtain a reentry permit before they depart from the Kingdom in order to forestall falling out of lawful visa status upon departure. Those present in the Kingdom on a multiple entry visa can depart and return to the Kingdom until the end of their visa’s validity.

For related information please see Thailand business visa

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21st August 2009

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.

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1st August 2009

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.)

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29th July 2009

The Nation and Thai Visa are reporting some interesting developments with regard to Thailand’s Legal environment. First off, the all-but-abandoned Thailand Elite Card program is apparently still alive, but on life support. To quote the Nation via ThaiVisa:

“In November 2003, Mr Thaksin proudly presented 80 gold Thailand Elite cards to international VIPs and eminent people, including Japanese trade chiefs and US banking and financial supremos. The cards promised fast-tracked immigration, discounts at luxury resorts and golf courses, and many other perks. The optimistic estimates to attract the world’s wealthy were mind-boggling; a million subscribers to generate a trillion baht in revenue. But early signs were not encouraging. After four months, a meagre 400 memberships had been sold, barely a dent in the 100,000 target for the first year of operation. Panicky officials talked of targeting China’s nouveau riche, and predicted they would attract 30,000 Chinese within 12 months. But six years later, the total number of members is a risible 2,570, and the Thailand Privilege Card Company (TPC), set up by the Tourism Authority of Thailand (TAT), to run the scheme has a crippling net loss of 1.4 billion baht.”

As stated previously on this blog, the current government of Thailand has opted not to continue the Thai Immigration benefits accorded to Elite Card holders. As a result, the central pillar of the scheme has been toppled resulting in nearly no demand for the card. It will be interesting to see what the ultimate fate of the Elite Card will be, but at this time it appears that card holders are attempting to get as many benefits out of the card as possible in order to offset the cost of acquiring it.

In further reports from the Nation and ThaiVisa, it would appear that the Thai government is looking to crack down on Karaoke bars in Thailand, “The [Thai] Cabinet has approved new regulations that prohibit karaoke parlours from providing drinking or singing partners to customers, with their business licences being revoked if they do.” It will be interesting to see if these provisions will be stringently enforced and, if so, what effect this legislation will have upon the already crippled Thai tourism industry.

The government also is proposing regulations to limit the amount of time that Thai children can utilize computer gaming facilities. This seems like an attempt to reign in children who play computer games virtually non-stop. Finally, a proposed film rating system. The system would impose rating categories upon Thai films. The categories would span the spectrum from films which would be “encouraged” to those which would be “banned.”

(This post is merely opinion, no attorney-client relationship is created from reading this piece.)

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9th July 2009

Travelers coming to Thailand have different Thai visa options depending upon the passport they hold. Some people will be granted a visa exemption upon arrival in the Kingdom while others may be granted an actual visa when they arrive. The validity of this extension can vary depending upon relations between the passport holder’s home country and the Kingdom of Thailand. Below are lists of countries and the special Thai Immigration privileges accorded to their nationals. For those thinking of traveling to Thailand it is probably wise to double check the visa rules before coming to Thailand as Thai Immigration regulations can change relatively quickly. As a result, the information contained below can become out of date.

Passport holders from the following countries shall be entitled to apply for a 15 day visa on arrival in Thailand:

Bhutan, China, Cyprus, Czech Republic, Estonia, Hungary, India, Kazakhstan, Latvia, Liechtenstein, Lithuania, Maldives, Mauritius, Oman, Poland, Russia, Saudi Arabia, Slovakia, Slovenia, Taiwan, Ukraine, Australia.

Passport holders from this list of countries may enter Thailand on a 30 day visa exemption:

Australia, Austria, Belgium, Bahrain, Brunei, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Luxembourg, Malaysia, Monaco, The Netherlands, New Zealand, Norway, Oman, The Philippines, Portugal, Qatar, Singapore, Spain, South Africa, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States of America, Vietnam

Passport holders from this list of countries may enter Thailand on a 90 day visa exemption:

Peru, Brazil, The Republic of Korea

Passport holders from these countries may enter Thailand for 30 days without a visa based upon a bilateral Treaty or Agreement with the Kingdom of Thailand:

Hong Kong, Laos, Macau, Mongolia, Russia, Vietnam

Passport holders from these countries may enter Thailand for 90 days without a visa based upon a bilateral Treaty or Agreement with the Kingdom of Thailand:

Argentina, Brazil, Chile, The Republic of Korea, Peru

Holders of Diplomatic Passports from the following countries may enter and remain in the Kingdom of Thailand without a visa:

Cambodia, China, Hong Kong, Laos, Macau, Mongolia, Myanmar, Oman, Vietnam

Holders of Diplomatic Passports from these countries may enter and remain in Thailand for 90 days without obtaining a visa:

Argentina, Austria, Belgium, Bhutan, Brazil, Chile, Costa Rica, Croatia, Czech Republic, Germany, Hungary, India, Israel, Italy, Japan, Republic of Korea, Luxembourg, Malaysia, Mexico, The Netherlands, Nepal, Panama, Peru, The Philippines, Poland, Romania, Russia, Singapore, Slovakia, South Africa, Switzerland, Liechtenstein, Tunisia, Turkey,
Ukraine, Uruguay

For more information, please see the Thai Ministry of Foreign Affairs by clicking here

(Please do not mistake this post as being a suitable substitute for legal advice from a licensed professional. No attorney-client relationship is created between the reader and the author of this posting.)

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6th July 2009

US Immigration and Thai Immigration have a great deal in common and also many differences. I decided to write a quick blog post exploring the differences between the two systems in order to provide more clarity for those seeking to immigrate to either Thailand or the United States.

With regard to ease of visa obtainment, overall it is generally more difficult to obtain a USA visa than a Thai Visa. That being said, there are certain aspects of US Immigration that are far more generous than Thailand’s system. For example Thai Permanent Residence is very difficult to obtain from a practical standpoint and almost no one enters the country with Permanent Residence, especially if they have never been to Thailand before. In contrast, the United States confers lawful permanent residence upon entry to the USA for those married to a United States Citizen for longer than 2 years at the time of visa application.  For those married less than 2 years at the time of application, conditional permanent residence is immediately granted upon entry and the conditionality must be lifted later.

A Thai Business Visa is somewhat similar to an American Business Visa in that both allow for travel to the USA or Thailand for business purposes. However, neither visa actually confers the right to work in either country. This is where the similarities end because in order to obtain lawful employment in the USA the immigrant would need to get a visa that has work authorization. In Thailand, the immigrant would need to obtain a Thai work permit. Getting work authorization for Thailand is somewhat easier in Thailand than in the United States.

The Thai Tourist Visa and the American Tourist Visa are quite similar. They both are non-immigrant visas designed for recreational purposes. Currently, the Thai Tourist visa is being offered free of charge to those wishing to visit the Kingdom of Thailand. This is not the case for the American tourist visa as a non-immigrant application fee and pin number fee are required for those applying for a tourist visa.

One of the most significant differences between United States Immigration and Immigration to Thailand is the fact that Thailand does not have any provisions in its Immigration law for a Fiance visa. The Fiancee Visa in the United States is commonly know by its visa category classification: K-1 visa. No matter what it is known as, it is designed to allow a Fiancee of an American Citizen entry into the United States for the purpose of marriage and permanent residence in the USA. Thailand has nothing remotely resembling this type of visa. Further, it does not appear that Thailand will be creating anything like the K1 Visa anytime soon.

Overall, Thai Immigration is dissimilar to American Immigration because US Immigration is far more substantially funded and has more agents operating under the aegis of USCIS and the US State Department.

(Nothing contained in this blog post should be used as legal advce. No Attorney/client relationship shall be created between author and reader.)

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11th May 2009

Some Visas in Thailand do not confer resident status which can be beneficial for a number of reasons. Thai education visas and Thai tourist visas do not confer resident status and as a result accrual of time spent in Thailand on either of these visas will not count towards the necessary time requirements for Thai permanent residence.

Currently, Thailand is issuing visa exemptions (the right to remain in Thailand without a proper visa) for 30 days at an airport and for 15 days at a land border. However, Thai tourist visas are currently free to applicants at certain Embassies.

Thai “O” Visas or Other Visas, are issued to those who are either a family member of a Thai national, permanent resident, or visa holder, based upon a filial relationship to the visa holder. Currently, it is possible to obtain O visas for Non-Thai children, but for those children under a certain age, it is not possible to overstay in Thailand. This situation is similar in US Immigration where non-Citizen children cannot accrual unlawful presence in the United States. A child may be overstaying a visa, but the child cannot accrue time as a person present in the USA unlawfully.

At one time, Thai work permits were used as a basis for granting business visa extensions in Thailand. Before that time, a business visa extension could be obtained without obtaining a work permit, but this situation was considered unacceptable because it left many non-Thais in Thailand on business visas, some of whom were working, but without a work permit. For a period of time, the work permit was the foundation of the business visa extension application. Recently, the Thai work permit was “untied” from the business visa extension and as a result it is easier to obtain a work permit, but seemingly more difficult to obtain a Thai visa extension.

Many people forget that a Thai multiple entry visa is good until its expiration date and the visa holder will be granted a stay of 90 days upon entry. This leads to the situation where the non-Thai presents his visa to Thai Immigration one day before the visa’s expiration, but is granted entry into Thailand for nearly 90 days past the visa’s expiration.

(Please note: this post is not a substitute for personal legal advice from a licensed attorney. No lawyer-client relationship is created between author and reader.)

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6th May 2009

Thailand O Visa

The Thailand O visa is something of an anomaly because it is truly a “catch-all” visa category. Generally O visas in Thailand are used by spouses of either Thai nationals or spouses of those present in Thailand on some other type of Thai Visa. The O visa confers work authorization insofar as it allows the holder of said visa to petition for a Thai work permit.

Although legally eligible to obtain a work permit, there are sometimes work permit difficulties for the O visa holder. As a practical matter, some Thai immigration officers and Ministry of Labour officials do not like to see work permits issued to those in Thailand on an O visa unless the O visa is based upon an underlying spousal relationship to either a Thai National, Permanent Resident in Thailand, or business visa holder (in the case of the spouse of a business visa holder, the O visa holder may have some difficulty obtaining a work permit).

Thailand Elite Card

The Thailand Elite Card program was a program designed with the idea of improving business tourism in Thailand. The card offered many benefits that would be convenient and useful for the prospective business traveler in Thailand. Most notably, there were some very positive immigration benefits conferred upon businesspeople holding a Thailand Elite Card.

At one time, there was a 3 year multiple entry visa conferred upon foreigners under the Thailand Elite Card program. Under this program applicants paid a one time fee of 1.5 million baht and received a card that entitled them to special benefits throughout Thailand. The program also had a special relationship with Thai Immigration that allowed card holder to obtain 3 year multiple entry non-immigrant B visas.

Recently, with governmental shakeups in Thailand the Elite Card program has been canceled with regard to immigration matters. Therefore, although one could conceivably still obtain the elite card, the immigration benefits of the card are no longer granted and therefore the special three year visa is no longer conferred upon card holders.

At present, it would appear to be quite difficult, if not practically impossible, to obtain a 3 year non-immigrant business visa to Thailand. That being said, one year Thai visas are still available for qualified applicants.

For more information please see:

Thailand Visa

Thailand Business Visa

US Visa Lawyer Thailand

(Note: All information in this post should be used for general purposes only. No attorney-client relationship is created between the reader and author of this post. This post should not be used as a substitute for individualized legal advice from a licensed professional.)

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