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Posts Tagged ‘Thailand B Visa’

9th August 2018

In recent months, the rules upon which the regime for issuing and maintaining Thai work permits and visas have been undergoing some changes. However, the permanence of these changes remains to be seen and the practical implications of these changes are also open to speculation. Hopefully the following posting with provide some clarification with respect to where work permit and visa rules currently stand.

Work Permit Restrictions Appear to be Loosened

Since the promulgation of the Emergency decrees regarding work permits in Thailand analysts seem increasingly convinced that regulations regarding time, place, and manner of work in Thailand have loosened. In the past, Thai work permit regulations (and the enforcement agencies associated therewith) viewed the rules very strictly when it came to the specific locations where foreigners could undertake labor, the specific functions foreigners could perform, and the timing of when a foreign worker could begin working. For example, foreign temporary workers had to await issuance of a work permit book or temporary work document in order to begin working. Meanwhile, those issued with long term work permits were at one time restricted to performing their job only within the premises of the business acting as the work permit sponsor. Later, the geographic scope of labor endeavor was expanded to allow foreigners to undertake work throughout a specific province in Thailand. However, under any circumstances the foreign national with work authorization had to be circumspect in their endeavors as the work activities they undertook had to fall within the boundaries of the job description specified within the provisions of the work permit itself.

Pursuant to the provisions of the second emergency decree regarding the management of foreign workers in Thailand it appears that many of the restrictions regarding geographic scope of activity have been lifted. Meanwhile, the strict scrutiny of job functions appears to be a thing of the past as well (although a list of occupations restricted to Thai nationals is still in force so long as the activity in question is not specifically in violation of that list the foreign worker should be free from sanction). Furthermore, it appears that certain temporary workers who are brought into Thailand for a short period of time may be able to perform their function in a much more immediate manner compared to the past as, depending upon circumstances and subject to the aforementioned list of restricted activity, many workers may be able to immediately begin performing their functions.

The Return of the One Year Multiple Entry Visa?

It would seem that there is another possible change to Thai regulations regarding work authorization and business visas in Thailand. Apparently, regulations now stipulate that some of those working for a foreign company in Thailand (such as a Representative Office) are no longer required to obtain a work permit. This new exemption apparently only extends to Directors of such organizations. Furthermore, it appears that so-called Amity Treaty Companies (those corporations certified as American and therefore accorded protections pursuant to the US-Thai Treaty of Amity) are now subject to such exemption. Under such circumstances the directors of such companies are able to apply for a 1 year multiple entry visa from their country of origin. As of the time of this writing, this blogger has yet to personally deal with a matter arising under these new rule changes, but the creation of new immigration options is always noteworthy. It should be noted that these regulatory changes appear to be exclusive to Labor matters. Thai immigration regulations have not changed with respect to the rules regarding visa extension in the Kingdom. At the present time a work permit appears to still be required for those wishing to remain in the Kingdom long term via a Thai business visa extension application.

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7th June 2018

As noted in the prior entry on this blog, Thai immigration policies, procedures, and enforcement protocols are in a state of flux. This entry will attempt to provide a sort of round up regarding the recent developments with respect to changes in the Thai Immigration apparatus.

In recent weeks, there have been further crackdowns on visa violators. Most notably, there have been raids which have netted a number of foreign nationals either physically present in Thailand while on overstay or present in Thailand with no evidence that the nationals in question had ever been lawfully admitted to the Kingdom in the first place. It seems that this trend of conducting raids at venues where illegal aliens may be present is set to continue. It is notable that schools of all types are being included in such raids.

Furthermore, where once the bureaucracy associated with accepting and processing visa applications (particularly Business visa applications) seemed primarily concerned with simply ascertaining whether the formalities required to secure a visa or visa extension were in place. Now, Immigration authorities and adjudicating officers seem to be prioritizing heightened scrutiny of Thai visa applications.  This is having the effect of seeing further requests for documentation especially in business visa extension applications. This change in attitude also has an investigative component as it seems to be required that all new B visa extension applicants be subjected to inspection by Thai Immigration officers.

Increased enforcement activity has not been confined only to Business visas in recent weeks. In fact, it seems further scrutiny of Thai O visa applications is likely in the future especially in light of authorities recently uncovering what would appear to have been an ongoing scheme to defraud the immigration system though use of sham marriages in Thailand. Although not directly attributable to concern over sham marriages the fact is that fewer and fewer Multiple Entry O visas are being issued by Thai Embassies and Consulates abroad when compared to times past. It is this blogger’s personal opinion that the decline in the number of such visas issued is directly attributable to the fact that Thai Immigration authorities are seeking to scrutinize those living in the Kingdom on a permanent basis and multiple entry visas do not accord them the level of scrutiny as would exist in the adjudication of an O visa extension.

It has been this blogger’s observation that many expats in Thailand take the position that efforts like these eventually fade into the background as the initial zealousness of those undertaking these policies and enforcement measures wanes. However, to assume that these new policies of heightened scrutiny and increased enforcement activities will “just go away” would fail to take into consideration the fact Thai Immigration authorities seem very keen on implementing long term policies and utilizing technology which will preclude regressive tendencies in the system moving forward.

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4th September 2016

In a previous posting on this blog the issue of one year multiple entry Thai visas issued at Royal Thai Honorary Consulates in the United Kingdom was discussed. It appeared at that time that honorary Consulates were no longer allowed to issue such travel documents as they could only be obtained from the Royal Thai Embassy in London. This same trend appeared across the Channel as Honorary Thai Consulates on the Continent apparently were also being foreclosed from issuing Thai multiple entry visas. Events since that previous wrting have proven that the only method of obtaining a multiple entry visa for Thailand arises from applying for such a document via an Embassy or non-honorary Consulate.

As of this time of this writing, it seems that the aforementioned trend in Europe has spread to North America. A recent posting on the website of a Royal Thai Honorary Consulate in the United States of America reads:

EFFECTIVE AUGUST 15, 2016, WE ARE NO LONGER ABLE TO ISSUE MULTIPLE ENTRY TOURIST OR NON-IMMIGRANT VISAS. YOU MAY APPLY FOR SINGLE ENTRY TOURIST, TRANSIT, AND NON-IMMIGRANT O, B, OR ED VISAS ONLY. YOU MAY APPLY FOR MULTIPLE ENTRY VISAS AT THE LOS ANGELES CONSULATE OR THE ROYAL THAI EMBASSY IN WASHINGTON, DC

Although this message cannot necessarily be assumed to apply to all similar posts in the USA or Greater North America, a trend is appearing. It seems logical to infer that in the future it will no longer be possible to obtain long term multiple entry Thai visas from Honorary Consulates. This situation should not be misunderstood: there appears no reason to assume that Embassies and Consulates (which are not honorary appointments) will be precluded from issuing such travel documents. On the contrary, the trend appears to support the conclusion that such posts will be the exclusive issuers of such documents.

For those unaware, in recent months an announcement has been made that Thai Embassies abroad would begin issuing 6 month multiple entry tourist visas. However, it appears that much like non-immigrant visas such travel documents will only be issued from non-honorary posts. There are a few main visa categories commonly utilized by those wishing to remain in the Kingdom long term: Thai Business visas, Thai Retirement visas, Thai O visas (for family members of Thai nationals), and Thai Education visas. If one is seeking a Thai visa of any of the aforementioned categories and wish said document to be issued with a one year validity and multiple entries allowed, then it appears the only way to obtain said visa would be to apply at either a Thai Embassy or regularly established Consulate.

 

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10th April 2016

In previous postings on this blog the recent policies of the Royal Thai Immigration Police regarding visa overstayers in Thailand have been noted. In follow up to those articles, it should be noted that Thai immigration officials have recorded a sharp decline in the number of people physically present in Thailand beyond the expiration date of their visa. In a recent Bangkok Post article, the drop in overstay was noted:

The more than 39% decline, from 810,522 in October last year to 486,947 in March, shows “our new measure is effective”, Immigration Bureau chief Nathathorn Prousoontorn said on Friday.

While immigration officers chalk up a victory in the campaign to thwart overstaying foreigners it appears that a new issue has come to the forefront. In another article in a more recent edition of the Bangkok Post suspicious trends in Thai Marriage registration numbers were reported:

Bureau chief Nathathorn Prousoontorn said several foreign nationals are believed to have resorted to sham marriages as a loophole to stay in the country…The [Royal Thai Immigration Police] received a tip-off from the Public Anti-Corruption Commission (PACC) that at least 150 Thai women in one district of a northeastern province had married foreigners in the past few months.

Clearly, the recent spike in marriages and the recent change in immigration overstay policy cannot be assumed to be coincidental. However, the upshot of these developments is the very strong probability that all upcoming Thai marriage visa applications (otherwise referred to as O visa applications) will be more heavily scrutinized when compared to similar applications lodged in the past. This blogger can personally attest to the fact that since policy changes at Thai immigration in late 2015 the process of obtaining or renewing a Thai business visa has been a more intensive endeavor as Immigration officials scrutinize all business visa applications and supporting documentation extremely thoroughly. Therefore, this recent news regarding marriage scrutiny could easily lead one to infer that future marriage visa extension applications and renewal applications could require more documentation and the backlog for issuing such documents could become exacerbated as a result of the increased scrutiny and documentation requirements.

As a general rule, this blogger has advised those interested in remaining in Thailand to understand that the process of obtaining a long term Thai visa and/or a Thai work permit is becoming increasingly complex. As a result of this increased complexity, the notion that the Thai immigration process is something that is quick and easy is simply a fallacy. Thai immigration matters are arguably as complicated and time consuming as immigration issues arising in countries such as the USA or the UK. Those undertaking Thai immigration matters for the first time are strongly encouraged to retain the assistance of a competent professional.

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5th October 2015

Starting November 13th it will be possible for foreign tourists to apply for and obtain a 6 month Thai tourist visa. To provide more insight into this development it is necessary to quote directly from the Bangkok Post:

Unlike current tourist visas, which offer from one to three entries, the six-month multiple-entry visa will allow unlimited border crossings during the validity period. However, to prevent foreigners from basically living in Thailand on tourist visas, each entry will be limited to 60 days. The new multiple-entry visa will cost 5,000 baht, versus 1,000 baht for a single-entry, 60-day visa, which can be extended in-country for up to 30 days for an additional fee.

As noted above the new tourist visas will be more costly than previously, but the validity period will be longer. Meanwhile, those in Thailand on such visas will be required to adhere to the regulations which are already in place. It would appear that the Thai government is attempting to provide a long term visa solution for those travelers who wish to stay in Thailand for an extended period of time. It should be noted that in recent months Thai Immigration authorities have been cracking down on long term users of Thai visa exemption stamps as well as those attempting to remain in the Kingdom utilizing the Thai Education visa (also referred to as the ED visa). It remains to be seen whether Thai Immigration officers and Consular Officers at the various Royal Thai Embassies and Consulates abroad will be willing to issue multiple Thai 6 month tourist visas, but the creation of this new type of visa should provide a much needed option to longer term tourists.

It may still be possible to obtain a 1 year multiple entry Thai visa from certain countries. Such one year visas are often issued for those wishing to conduct business or work in Thailand (the Thai business visa), stay in the Kingdom with a Thai family member including spouses (the Thai O visa), or retire in Thailand (the retirement visa, also known as the O-A visa). Under certain circumstances a Thai ED visa may still be an option for long term stay, but it has been reported that those staying in the Kingdom on an ED visa to attend Thai language school are being frequently tested on their language capability.

Those who enter the Kingdom in B, O, O-A, or ED visa status may be eligible for a visa extension provided the applicant can provide certain documentation.

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25th April 2014

In recent years there has been a strong feeling among expatriates and travelers to Thailand that getting a Thai visa is more difficult when compared to the past. In another posting on this blog it was noted that rules regarding application for one year multiple entry visas from Thai honorary Consulates in the United Kingdom had changed. Notably, applications for such long term visas are henceforth to be forwarded to the Royal Thai Embassy in London for review prior to adjudication. There are some who believe that this change in the process has resulted in fewer long term visas being sought, and/or fewer such visas being issued. As of the time of this writing there is no way to discern whether this processing change resulted in fewer multiple entry visas being issued. However one thing is clear, the rules regarding application for long term multiple entry Thai visas are being more strictly enforced. Therefore, some explanation regarding the general application guidelines may be warranted.

One significant concern of Thai immigration officials, as reflected in recent rule changes and enforcement procedures, would seem to be the physical location of the applicant. At one time, it was common to see foreign nationals in Thailand using less than reputable visa services to procure visas from Thai Embassies and Consulates abroad while physically remaining in Thailand. This practice was severely curtailed by immigration authorities in a few notable “crack-downs”.  At this point, it is very clear that immigration authorities strongly prefer that those applying for a Thai visa at an Embassy or Consulate abroad be physically present in the jurisdiction where the post is located. Moreover, it also seems clear that documentary requirements for those applying for one year multiple entry visas are more substantial compared to the past and it seems logical to assume that such requirements may be more stringent in the future.

It seems that immigration authorities now prefer that those wishing to remain in Thailand for a significant period of time obtain a 90 day visa from abroad, travel to Thailand, and upon meeting further criteria; apply for a Thai visa extension. This should not be inferred to mean that obtaining a 1 year Thai multiple entry visa is impossible, but rules regarding application for such travel documents vary by jurisdiction and for some simply obtaining a 90 day visa and then seeking an extension may be a more efficient option.

There are multiple visa categories under Thai immigration law. Some of the most commonly sought visas are: the Thai Business Visa (“B” Visa), the Thai “O” visa for the family of Thai nationals, the Thai retirement visa, the Thai tourist visa, and the Thai education visa (“ED” visa); although there are many other specific visa categories. Depending upon the needs and intentions of the visa seeker the rules for applying for such travel documents may vary. In any case, it may be prudent to seek the advice of those who routinely deal with Thai immigration matters as the rules and regulations regarding those issues can be complex.

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27th August 2013

It recently came to this blogger’s attention that the procedures for obtaining a Thai visa extension on an expiring passport have changed. In order to provide further insight into these developments it is necessary to quote directly from the official website of the Royal Thai Immigration Police:

According to the New Regulation from August 13, 2013,
when submitting application for Visa Extension if the validity of passport of the applicant is not longer than one year left before expiry,
the extension of stay will be permitted not exceeding the expired date of passport.
After the renewal of your passport of obtaining a new passport,
you have to re-apply for Visa Extension by submitting required document and paying extension fee ( 1,900 Baht).
In case of overstay, the fine is 500 Baht per day.

Clearly, those who have a passport expiring shortly following their Thai visa extension deadline will want to take measures either to renew their passport prior to visa extension renewal or be prepared to possibly pay more visa extension fees following renewal of a passport subsequent to extension.

Thai visa extensions are common among the expatriate community in Thailand as those holding non-immigrant visas such as the Thai Business Visa (categorized by Thai Immigration as Non-immigrant category “B”), the Thai O visa (often used by those who are married to a Thai or maintain a family relationship with a Thai national [in some cases a Thai O visa may be obtained by those who simply fall into the "miscellaneous" immigration category, Thai condominium owners being the most notable case in point]), the Thai Education visa (categorized as the ED visa), or the Thai Retirement Visa (classified as a Thai O-A visa) must obtain extensions in order to maintain lawful presence.

Holders of the Thai Business visa often obtain a visa extension when maintaining long term employment in the Kingdom of Thailand. It should be noted that those employed in Thailand must also obtain a Thai work permit as well as a Thai business visa extension in order to remain in the Kingdom for a long period of time to undertake employment activities. Those remaining in Thailand on a retirement visa, while able to obtain visa extensions, are generally unable to obtain a work permit as employment activities are not permitted while present in the country on an O-A visa. Holders of a Thai ED visa may also be eligible for one or more visa extensions, but are generally not allowed to obtain a work permit, except under very narrowly defined circumstances. Thai O visa holders may be able to obtain a Thai work permit depending upon the reason for the visa’s issuance. Those married to Thais, or those granted an O visa based upon having a Thai child are often able to obtain a Thai work permit.

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16th December 2010

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:

The Re-Entry Application Procedures and Requirements At Suvarnabhumi Airport
Date : 07 – 12 – 10
1. Aliens must submit the applicatoin by themselves.
2. The date of submitting application must be the date of departure.
3. Gather the required documents as below
- Passport or travel document (1 original plus 1 copy)
- One recent photograph (4X6 CM.)
- Fees – Single 1,000 Baht
- Multiple 3,800 Baht
4. Submit the application and required documents at Immigration Departure Division (East Zone), Suvarnabhumi Airport.
5. The service open daily from now on

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.

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21st July 2009

There are certain misunderstood aspects of the Thailand Business Visa that may need to be cleared up in order to properly understand how Thai Immigration views those non-Thai nationals in possession of a Thailand B visa.

First, a Thai business visa should not be inferred to impart the right to work in Thailand. Those holding Thai B Visas (Business), must still obtain a Thai work permit before they will be allowed to enjoy employment rights. Even then, Thai law, which in this respect is similar to United States Immigration law, restricts work authorization to a specified geographic location, namely the official address of the employer. That being said, it may be possible to get a second employer stamped into one’s Thai work permit and thereby allow employment with multiple organizations by officially authorizing such employment.

One very difficult concept for many to grasp is the idea that a visa does not confer the “right” to enter the country. This causes some confusion particularly with regard to United States Immigration. A USA visa simply gives the bearer the right to seek permission to enter the United States of America.

The Kingdom of Thailand views visas and travel documents in a similar light. In fact, it may be possible to be turned away at a port of entry in Thailand even where the prospective entrant has what is otherwise considered to be a valid visa. This issue became of acute concern nearly 5 years ago when operators began springing up throughout Thailand who offered to send one’s passport out of the Kingdom and have it sent back in with a new valid visa issued from an Embassy or Consulate abroad. In this situation, even though the visas were issued legally, the Thailand Immigration authorities at the port of entry began not only turning prospective entrants away, but also nullifying visas issued to someone who was in Thailand when the visa was issued at a diplomatic post abroad.

Another common mistake regarding Thai Business visas involves the definition of “multiple entry.” Specifically, does a one year multiple entry Thai visa imply that the bearer may remain in Thailand uninterrupted without being forced to leave? Put simply: No. A Multiple entry visa holder must leave at least every 90 days in order to remain in legal immigration status in the Kingdom.  That being said, the multiple entry visa is commonly confused with the Thai visa extension. The extension allows the bearer to remain in Thailand for up to one year without being compelled to depart every 90 days.  The downside of the extension is the fact that one needs to obtain a reentry permit in order to leave the country. The multiple entry visa allows the person holding it to leave the Kingdom and return on the same visa so long as it remains valid. Hence the name, “multiple entry.”

For further information, Please see the US-Thai Treaty of Amity as certain Immigration rights are created under this bilateral agreement.

(This is not legal advice. For such advice contact an attorney. No lawyer-client relationship should be assumed to exist between author and reader.)

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23rd May 2009

There are many immigration options for those wishing to stay in Thailand on either a full time or part time basis. The Immigration option most familiar to short term travelers is the Thai visa exemption which allows a non-Thai national entry into the country without obtaining a visa. Many people who enter Thailand on a visa exemption believe they are actually on a visa. In reality, they have been granted lawful presence in Thailand without a visa.

Map to Thailand Immigration Bureau

Thai Education Visas

An Education visa in Thailand is very useful as a long term visa option particularly in light of the proliferation of affordable Thai schools that offer assistance in applying for a Thai ED visa. The major downside to the ED visa is the fact that there is no automatic right to work inherent to the visa. Also, the ED visa does not accrue time necessary to obtain Thai Permanent Residence.

Thailand Retirement Visa

A Thailand retirement visa is very useful for those who fit the criteria set forth under Thailand Immigration Law. One of the major criterion for obtainment of a Thai retirement visa is that the applicant be at least 50 years old at the time of application. Another requirement is that the applicant meet the minimum financial threshholds determined by the Thai Immigration Bureau’s internal regulations. A positive aspect of the Thai retirement visa is the fact that one holding such a visa does not need to go on “border runs,” every 90 days. However, a person present in Thailand on a retirement visa will not be able to secure a Thailand work permit.

Thailand Business Visas

As discussed in previous posts, a Thai Business visa is a very flexible option for those wishing to remain in Thailand in order to work, invest, or conduct business negotiations. The visa itself does not confer a right to work, a Thai work permit is still a necessity, but a work permit is usually easy to obtain where the visa holder has secured legitimate employment or has registered a Thai company.

Thailand Other Visas

The Thai “O” Visa, the “O” stands for other, is a designation for a visa that does not really fit into any of the aforementioned categories. The “O” visa is used for Thailand Family Immigration especially where a foreign spouse of a Thai national wishes to reside in Thailand. For those present in Thailand on an “O” visa, there may be some difficulty securing a work permit if the visa is not based upon filial realtionship to a Thai.

Thanks for Reading,

For information on US Immigration from Thailand please see:

multiple entry visa

Fiance Visa Thailand

Marriage Visa Thailand

US Embassy Bangkok

(No content written in this post should be used instead of consulting an attorney. No attorney-client relationship is created between the writer and any readers of this post).

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