Integrity Legal

In our prior posting on this blog the issue of coronavirus and the impact upon US and Thai Immigration was discussed. At the time of that posting it appeared that a number of foreign nationals were going to see their visa exemption and/or visa on arrival privileges suspended in the wake of COVID-19 being declared a pandemic by the World Health Organization. It now appears this this policy is being put on hold. To quote directly from the Star:

The government has put on hold its plan to suspend visa on arrival (VoA) for 18 countries and visa-free entry from high-risk areas (South Korea, Hong Kong and Italy) after an urgent meeting on Thursday (March 12). The Department of Consular Affairs director-general, Chatree Atchananant, said that the matter will be discussed further at a Cabinet meeting on March 17.

Exactly if or when this policy will be enforced, if ever, remains to be seen. It is clear that governments around the world are having difficulty in crafting coherent policy in response to the spread of COVID-19. WE will keep this blog as up to date as possible as the situation evolves.

Tags: 30 day visa thailand, Chatree Atchananant, corona virus, corona virus thailand, coronavirus, coronavirus thailand, covid-19, covid19, Department of Consular Affairs, immigration thailand, integrity legal, law.legal, Thai Consulate, Thai Embassy, Thai Immigration, Thai Visa, Thailand Consulate, Thailand Embassy, Thailand Immigration, Thailand Visa, thaivisa, travel ban, Visa Exemption, visa exemption stamp, visa on arrival
Posted in Thailand Embassy, Thailand Visa | No Comments »

In recent months, this blogger has dealt with a number of cases involving Thai visa applications at a Thai Embassy or Consulate abroad. Furthermore, after initial visa issuance there have been a number of cases involving Thai visa extensions. In nearly every case the process of obtaining the initial visa or extending the previously issued visa has seemed to be more difficult when compared to the past. This blogger has discussed this issue with other expatriates and long term visitors in Thailand and the general consensus seems to conclude that immigration matters are becoming more difficult in the Kingdom. A valid question to ask: is this true? The answer: yes, at least to some degree. While it does not appear that those seeking visas through the One-Stop visa and work permit facilities are particularly burdened by increased document scrutiny and more stringent policy enforcement, although those able to seek benefits in the One-Stop facilities generally would not be particularly “borderline” cases and therefore may not need to fret over increased scrutiny anyway. It does appear that current immigration protocols have had the effect, whether intended or not, of making the process comparatively more difficult to undergo.

It should be noted that processing a visa application through a Thai Consulate abroad or seeking an extension at an immigration office in Thailand is by no means impossible. However, without assiduous compilation of requisite documentation, careful recordation of relevant photographic evidence, and, in some cases, assistance of competent accounting professionals well-versed in the necessities of Thai immigration officials the task of extending a visa can seem virtually insurmountable. There are those who pose the question: does there appear to be any point in the future where these difficulties may ease up? This blogger’s answer: no. Since the advent of the “Good Guys in Bad Guys Out” initiative, immigration officials in multiple regions and in multiple roles have made it clear that relevant regulations will be strictly adhered to while the use of discretion will be curtailed. If anything, it appears that the overarching stringency may spread to other realms which impact foreigners in Thailand. In fact, it recently came to this blogger’s attention that Labor Ministry officials are not as readily issuing 1 year work permits as they once were. Meanwhile, Thai Embassies and Consulates that were once rather lax in issuing long term multiple entry visas for Thailand have either stopped completely, or vastly curtailed the criteria under which such visas would be issued.

The immigration apparatus of Thailand is increasingly looking more and more like those of its counterparts in the West and although many westerners travel to Thailand and complain about the stringency of immigration policy in the Kingdom it still should be noted that Thai Immigration regulations are still, generally speaking, more relaxed than those of the home countries of many of the aggrieved arrivals.

Tags: Apply for Thai Visa, Good Guys in Bad Guys out, Thai Consulate, Thai Embassy, Thai Immigration, Thai Visa, Thailand Consulate, Thailand Embassy, Thailand Immigration, Thailand Visa, Thailand Visa Application
Posted in Thailand Visa, Thailand Work Permit | No Comments »

The rules regarding processing and adjudication of applications for one year multiple entry Thai visas appear to have changed. The following was recently posted on the official website of the Honorary Thai Consulate in Birmingham, UK:

With immediate effect all Non-Immigrant Multiple Entry visas can not be issued on the same day, as we require authorisation from the Royal Thai Embassy  in London. Once approval has been granted the visa will be issued.
If your application is declined you will be informed.
Please ensure we have your UK contact telephone number.
All other visas will be issued on the same day as usual  providing we have all the correct documentation.

Although the procedural change noted above may not negatively affect Thai visa applicants, it may be an indication that Thai authorities are more diligently scrutinizing long term visa applications. Some visa issuance procedures have been in a state of flux for some time now, as many Royal Thai Honorary Consulates in the United States have already placed information on their websites which states that only 90 day Thai business visas will be issued and those wishing to remain longer in the Kingdom of Thailand must make a request for a Thai work permit and Thai visa extension.

As noted above, in the past it was possible to obtain one year multiple entry Thai visas from some Honorary Thai Consulates in as little as a day. However, as new non-immigrant multiple entry visa applications appear to be subject to increased scrutiny from Thai Consular Officers it could be argued that more long term Thai visa applications may be denied in the future.

The posting of these processing changes have come shortly after recent reports that Thai visa stickers destined for Thai Embassies and Consulates abroad went missing and that some foreign nationals in Thailand had been found with previously unaccounted for stickers in their passports. Perhaps Thai authorities are implementing stricter visa processing and adjudication rules in an attempt to curtail immigration fraud, or these rule changes could simply be the result of the naturally evolving state of Thai immigration policy. On a related note, it was recently reported that Thai immigration officials are thinking of implementing new E-visa procedures at the various Thai Consulates and Embassies around the world in order to maintain more security in the visa process. In any case, it appears that those seeking long term Thai visas from Thai Consulates and Embassies abroad will see their applications examined more closely compared to the past.

Tags: Thai Consulate, Thai Embassy, Thai Non-Immigrant Visa, Thai Visa, Thai Visa Extension, Thai Visas, Thai Work Permit, Thailand Consulate, Thailand Embassy, Thailand Non-Immigrant Visa, Thailand Visa
Posted in Thailand Visa | No Comments »

There have been some recent developments with respect to Thai visas. The following information is for general use only and should not be construed to apply to every unique situation as there are often numerous Thai visa options for those wishing to travel and remain in the Kingdom of Thailand for a prolonged period of time.

Thailand Business Visas

It has recently come to this blogger’s attention that 12 month multiple entry Thai business visas are becoming increasingly difficult to obtain from Royal Thai Embassies and Consulates abroad. For example, the Royal Thai Embassy in Kuala Lumpur recently announced that it will no longer issue 12 month multiple entry business visas to applicants as applicants are now only able to obtain a 90 day Thai Business Visa (officially referred to as the Non-Immigrant “B” Visa) at that post. Applicants are encouraged to first obtain a 90 day Thai business visa and subsequently apply for a Thai work permit and visa extension in the Kingdom of Thailand. However, it would appear that the Royal Thai Consulate in Penang may issue 12 month multiple entry business visas under limited circumstances. It seems that those who have previously obtained a multiple entry Thai business visa and Thai work permit may be eligible to obtain another one year Thai business visa from the Thai Consulate in Penang. Meanwhile it would seem that the other Thai Embassies and Thai Consulates around the world are becoming increasingly hesitant to issue one year multiple entry Thai business visas and in those situations where such visas are issued they are only granted after significant scrutiny by the Consular officers issuing such travel documents.

Thailand Retirement Visas

In some cases, a foreign national may be eligible to obtain a Thai retirement visa. However, Thai Immigration officials are carefully reviewing applications for Thai retirement visas. In fact, this blogger has  learned that issues surrounding the finances of the applicant for a Thai retirement visa are of increasing concern for Thai Immigration officers. In fact, Thai Immigration officers seem to be seeking larger amounts of evidence concerning a retiree’s financial situation compared to past applications.

Thailand O Visas

The O visa in Thailand is technically classified as a miscellaneous visa category. Generally, this visa category is used by foreign nationals with family in Thailand (this is why this category is sometimes referred to as a Thai marriage visa notwithstanding the fact that  it could be used by any family member of a Thai national). As is the case with the Thai retirement visa, the finances of the foreign national seeking an O visa is of central concern to the Thai Immigration authorities especially when the foreign national is seeking a Thai O visa based upon marriage to a Thai. Therefore, those seeking Thai O visas should be prepared to show substantial evidence of ability to financially support oneself, and one’s spouse, while in Thailand.

Thailand Education Visas

The Thai Education visa (categorized by Thai Immigration as the “ED” visa) is more widely used by foreign nationals in Thailand compared to times past. That stated, Immigration officials examine such applications with a great deal of thoroughness. It should be noted that those staying in the Kingdom on an ED visa based upon attendance at a Thai language school may be tested on their Thai language ability by Immigration officers. Therefore, if one has been present in Thailand on an ED visa for a significant period of time, but cannot show a basic understanding of Thai the ED visa could be revoked.

For related information please see: Thailand work permit. 

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Posted in Thailand Visa | No Comments »

Among the Expatriate Community in Thailand, one of the popular websites for up-to-the-minute information about visas and immigration issues is: Thaivisa.com. At the time of this writing Thaivisa.com is reporting that the free Thai tourist visa program is coming to an end. To quote a posting on that site directly:

“The Ministry of Foreign Affairs in Bangkok, who oversees the Royal Thai Embassies and Consulates worldwide, today confirms to Thaivisa.com that visa fees will be levied for all visa classes from March 5, 2010. Tourist visas are valid for a 60 days stay and may be extended at local Thai Immigration offices…Tourist visas has been issued free of charge since June 25, 2009 in an effort to revive the Thai travel and tourism industry.”

As stated above, the Tourist visa fee waiver program was initiated to help in reviving the beleaguered Thai tourism industry which suffered some setbacks after an airport closure and the worldwide economic downturn. It would seem that these measures have been successful in buoying the economy as the decision has been made to end the program.

This may come as a relief to the staff of Royal Thai Consulates and Embassies overseas as it has been rumored that the tourist visa fee waiver has caused an upsurge in tourist visa applications and caused a drain upon the resources of many Thai Diplomatic and Consular postings.

These authors hope that the rescission of the Thai visa fee waiver marks the beginning of an overall recovery in the Thai tourism sector as it is one of the most important facets of Thailand’s service economy. The impact that the re-imposition of the tourist visa application fee will have upon the “visa run” remains to be seen, but many believe that most visa runners will continue to opt for the tourist visa as it currently provides a significantly longer duration of status compared to land border visa exemptions which are currently only being granted for a maximum validity of 15 days.

Some have also noted that the end of the free tourist visa may result in the increased promulgation of dual entry tourist visas as Thai Consulates and Embassies are more willing to grant such travel documents because they are once again being compensated for the processing.

It should be noted that a 60 day Thai tourist visa can be extended by 30 more days if the bearer takes their passport and visa to a local Thai Immigration office and pays the extension fee. At present, the extension fee is approximately 1900 Thai baht.

For related information please see: Business Visa Thailand.

Tags: Thai Consulate, Thai Embassy, Thai Tourist Visa, Thai Visa, Thailand Consulate, Thailand Embassy, Thailand Tourist Visa, Thailand Visa
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, Upcoming Legislation | 8 Comments »

This author has had the good fortune to witness the many different ways in which Thailand visa applications are adjudicated. Generally, the adjudication of Thai visa applications depends upon the post at which the applicant is applying.

At many of the Thai Consulates and Embassies in Southeast Asia a long term Thai visa can be difficult to obtain (long term meaning those visas issued with a validity of more than 90 days). This is likely due to the fact that many of the posts in Southeastern Asia have become used to so-called “visa runners” who use nearby Thai Consulates to obtain visas to remain in the country long term. At one time, the Royal Thai Consulate in Penang was popular among visa runners. This author recently had the opportunity to visit the Thai Consulate in Burma and was surprised to find an extremely efficient and well run post, but one that does not routinely issue visas with more validity than 90 days.

Unlike the United States, Thailand issues very few, if any, immigrant visas at Consulates and Embassies abroad. Part of this is likely due to the fact that these two Immigration systems are very different. However, another explanation could be the fact that Royal Thai Embassies and Consulates abroad may not have the capacity to handle the adjudication of Immigrant visas like a US Embassy or US Consulate. Also, Royal Thai Immigration is exclusively responsible for the adjudication of Immigrant visas (also known as Thai Permanent Residence) and such visa applications must be approved in Thailand.

Since Thai Embassies and Consulates generally only issue non-immigrant visas the next question that most people ask is: “how long are such visas valid.” This depends upon the category of the Thai visa, but Royal Thai Embassies generally have the discretion to issue visas with as much as 3 years validity. As a practical matter, the Consulate or Embassy will only issue a visa with a maximum validity of 1 year.

Some Consulates require the applicant to physically present themselves, while other allow for visas to be applied for by post. However, one should not assume that simply because the application is sent in by mail that the officer does not scrutinize the application. On the contrary, there are some who would argue that such applications are more heavily scrutinized compared to “walk in” applications.

Generally, Royal Thai Consulates post the general application requirements and it is incumbent upon the applicant to demonstrate that they meet the requirements and should therefore be granted the Thai visa. Thai tourist visas generally require the least expediture of resources on the part of the applicant. However, Thai Business visas, Thai Retirement visas, and Thai O visas can require a great deal of work in order for the applicant to obtain approval.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thailand Business Visa, Thailand Consulate, Thailand Embassy, Thailand Permanent Residence, Thailand Permanent Resident, Thailand Visa, US Consulate, US Embassy
Posted in Thailand Embassy, Thailand Embassy Myanmar, Thailand Visa, us embassy bangkok, US Embassy Thailand | No Comments »

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

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

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

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

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

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

Tags: consular report of birth abroad, CR1 Visa Thailand, Fiance Visa Thailand, K1 Visa Thailand, K3 Visa Thailand, Thai Consulate, Thai Embassy, Thai Passport, Thailand Consular Report of Birth Abroad, Thailand Consulate, Thailand Embassy, US Visa Thailand
Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, Thai Embassy Kuala Lumpur, Thai Family Law, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, US Visa Thailand | No Comments »