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Posts Tagged ‘Thailand Visa’

26th JUN 2010

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.

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28th APR 2010

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.


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18th APR 2010

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.

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17th APR 2010

In previous posts, this author has discussed visa runs and border runs. Another common method of obtaining lawful status in the form of a Thai visa is by traveling to Thai Embassies and Consulates outside of the Kingdom of Thailand. This can be a difficult endeavor for some, but the difficulty can be increased as Embassies and Consulates change their internal rules frequently. This is a by-product of doctrines similar to that of Consular Absolutism also known as Consular NonReviewability. This doctrine states, in a nutshell, that Consular Officers are given wide latitude to use their own discretion when making factual determinations about visa issuance.

Recently, this author has learned that the Royal Thai Embassy Kuala Lumpur will no longer issue the 1 year multiple entry Thai business visa to those with a work permit that is valid for less than 7 months. In the past, it was routine to see the 1 year Thailand business visa issued to those with a valid work permit regardless of the duration of its validity. Now, it seems that only a 90 day business visa will be granted to those with a Thai work permit that is valid for less than 7 months.

In recent years, the Thailand work permit and the Thailand visa have been effectively “decoupled” in the sense that one is no longer necessarily dependent upon the other. For a long period of time one had to have a work permit in order to obtain a Thai visa extension. Once that extension was obtained one needed to then extend the work permit so that the two documents’ validity were in sync. This has changed as the Ministry of Labour is more apt to grant a 1 year work permit to first time applicants and then the applicant can easily obtain a visa extension. The side effect of this system is that Thai Embassies and Consulates are increasingly less willing to issue one year Thai visas since their personnel view the decision regarding issuance of such a long term travel document ought to be made by the Royal Thai Immigration Police in the Kingdom of Thailand.

When analyzed, this policy makes sense as the Royal Thai Immigration Police in Thailand are often better equipped to adjudicate visa extension requests. However, there are often very compelling reasons why an applicant would wish to obtain a 1 year multiple entry visa from outside of Thailand. One notable reason, such a travel document would not require the issuance of a Thai Reentry Permit as would be necessary if a one year visa extension were issued.

It should be noted that each Thai Consular and/or Diplomatic Post has a different set of rules with regard to visa issuance so what is the rule at one post may not be the same at another.

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23rd MAR 2010

This author has been increasingly asked about the impact of recent political demonstrations upon those living in Bangkok. From personal experience, this author must admit that the demonstrations have had little or no impact upon living conditions in Bangkok. That being said, it appears that the recent protests are having an effect upon the Thai tourist industry.

In a recent posting on Thaivisa.com the issue of the protests and the detrimental effect they are having on the Tourism industry was discussed:

“The Thai Hotels Association said Thursday that room cancellations in Bangkok have been made at about 1,000 rooms per day, although the Tourism Authority of Thailand (TAT) has assessed Red Shirt demonstration in the capital has not had a great impact on tourism so far. Thai Hotels Association director Sakrin Chorsawai said the demonstration has affected tourism operators, particularly in hotel businesses in Bangkok. A significant drop in the number of foreign tourists was seen and room reservations fell some 10-20 per cent. About 1,000 rooms were canceled daily on average as tourists feared possible violence during the mass demonstrations, in particular from March 12-23, Mr Sakrin said. However, tourism operators in other regions have not been affected, and are enjoying a normal rate of hotel bookings, he said. Local tourists, who are worried about the political situation, do not travel. If the demonstration is prolonged, its negative effects on tourism will be clearly seen, said Mr Sakrin. Meanwhile, TAT director Surapol Svetasreni said the tourism in January and February had recovered but since the Red Shirt protest began in Bangkok last week, the national agency is vigilant on the current situation to alleviate and to minimise possible effects on tourism. TAT’s promotional campaign this year still focuses on overseas roadshows and targets the number of foreign tourists at 15 million people in 2010.”

Although room cancellations may be attributable to the protests, this author believes that other factors may explain the recent downturn in Thai tourism overall. In a previous post, it was noted that the free Thai tourist visa scheme had come to an end. Subsequent to that posting, it was reported that the Thai visa fee waiver would go back into effect for Tourist visas beginning on April 1st of 2010. However, this left a window of about one month in which Thai tourist visas would not be granted free of charge. There is a possibility that some of those planning to tour Thailand are awaiting the re-institution of the free tourist visa scheme. This is mere speculation on the part of this author, but it may be the case.

For more information about Thai Immigration generally please see: Thailand visa.

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19th MAR 2010

Many people ask this author: Why do I need a Thai work permit? There is a common misconception that the Thai Labor and Immigration authorities take a lax stance with regard to unauthorized employment. Many others labor under the misconception that a Thai visa, particularly a Thai business visa, confers the right to work in Thailand. Unfortunately, many people believe that the Thai “mai pen rai” (no worries) attitude extends to those working illegally in the Kingdom. This is simply untrue as Thais view unauthorized employment as a serious violation of Thai law.

In the United States, the expansion of some of the powers of the Department of Homeland Security has resulted in the relatively new phenomenon of Federal agents raiding businesses in search of those aliens working illegally. Operations such as this fall under the mandate of agencies such as the Immigration and Customs Enforcement (ICE) Service. In the Kingdom of Thailand, the Immigration and Labor authorities are not nearly as sophisticated as their counterparts in the United States of America, but they seem to take their jobs no less seriously.

As a case in point, recently the Pattaya Daily News website is reporting the following:

“A Briton, who was working illegally as a bar cashier at a beer bar in Pattaya’s Walking Street, was arrested by Immigration officials and will be prosecuted under the terms of the Immigration Act dealing with offending aliens.”

A long term expatriate in Thailand would not be greatly surprised by this announcement as most long term residents are used to some of the more draconian measures that are sometimes taken with regard to unauthorized employment in Thailand. With that said, compared to the United States, the Thai authorities are generally fairly lenient on most immigration matters, but there are exceptions and unauthorized employment can be problematic for the person working illegally. To quote the aforementioned website further:

“Pattaya, March 17, 2010, [PDN]: at 1am this morning, a team from Chonburi Immigration Office (which has recently amalgamated the respective Immigration departments of Pattaya and Chonburi), led by Superintendent of Immigration, Police Colonel Athisavis Kamolruth, surrounded [a bar], located [on] Walking Street, as it had come to their notice that there was at least one foreigner working there illegally, without a work permit…The team duly identified themselves as officers of the Immigration Police and asked for [the foreigner's] passport and work permit. When he was unable to produce a  work permit, the Immigration Police took him to the Chonburi Provincial Immigration Office at Jomtien for further questioning...He was duly cautioned that as an alien, temporarily in the kingdom, he was not allowed to work and would be prosecuted for having contravened the law.

One aspect of this article that is interesting to note is the fact that Immigration agencies in Chonburi are consolidating and it would seem that by doing so they are becoming a more dynamic organization with an eye toward better enforcement of Thai Immigration and Labor laws.

For further information about Immigration to Thailand please see: Thailand visa.

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9th MAR 2010

For general information on this subject please see our main page at: Education Visa Thailand.

One Thai visa category that is not often discussed on the pages of this blog is the Thai ED visa. This visa category was created for those who wish to remain in the Kingdom of Thailand for the purpose of pursuing academic study. In the past, this seemed to have been limited to colleges and universities, but increasingly many people are seeing the benefits of holding a Thai ED visa while also seeking proficiency in the Thai language. Many Thai language schools have been established in the last 5 years in order to cater to the increasing demand for Thai language study.

The Thai language can be extremely difficult for westerners to pick up because the language is tonal. This means that the entire word can be changed merely by the way it is tonally pronounced. This author can say from experience that proficiency with the Thai tones can be a difficult feat, but once this obstacle is overcome the benefits are extraordinary as Thai people greatly appreciate those foreigners (farangs, falangs) who take an interest in learning the Thai language.

Thai is a very subtle and complex language that has a rich history. As Thailand was never colonized by one of the so-called “Great Powers” the language was never displaced by an alien tongue. This creates and interesting linguistic environment as Thais have taken in those parts of other cultures’ languages while retaining their own linguistic identity.

As to the Immigration privileges accorded to those on a Thai visa for education: first, a major benefit is the fact that an ED visa holder does not need to worry about so-called “border runs” or “visa runs” since the ED visa allows the bearer to remain for the course of study. That being said, ED visas are not very beneficial for those wishing to work in Thailand as they do not entitle the bearer to apply for a Thai work permit, except in extremely rare circumstances. However, if one is on an ED visa and gets a job in Thailand, then it may be possible to change visa status and apply for a work permit, but this is not the most efficient way of getting Thai work authorization so if one is not yet in Thailand and may wish to work, then it may be best to apply for a Thai business visa prior to departing for Thailand as a long term business visa could be easily obtained by certain applicants.

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3rd MAR 2010

As readers of this blog may recall from a previous post, the Thai authorities recently announced that the fee waiver for Thai tourist visas was ending in March of this year. However, ThaiVisa.com has recently reported that the tourist visa waiver program is to be re-instituted in April of this year. Apparently, the positive impact upon the tourism sector is one of the underlying reasons for the extension of this program:

“Less than one month after Thailand’s Ministry of Foreign Affairs informed Thaivisa.com that the free tourist visa scheme would end on March 5, 2010, the Thailand Government has announced the tourism stimulus package will continue for another year, including $US10,000 in free riot insurance for tourists. The extension of the tourism industry stimulus package was approved by the cabinet today, March 2, 2010 in response to a request from the Ministry of Tourism and Sports. The extension will be effective from April 1, 2010 and go through to March 31, 2011 and appears to leave a three and a half week window in which tourist visas for Thailand will be charged for.”

As some may recall from another previous post on this blog, many Royal Thai Embassies, Consulates, and  Honorary Consuls around the world were unhappy with the no-cost tourist visa scheme as the funds previously accrued from processing tourist visas were no longer being paid. How this recent announcement will impact the Honorary Consulates as well as the Embassies and Consulates-General remains to be seen.

Another interesting aspect of the recent announcement is the fact that foreign nationals are also to be provided with no-cost riot insurance as part of this new program to revitalize the Thai tourist industry. To further quote from ThaiVisa.com:

“The $10,000 free riot insurance coverage was introduced last year and initiated by the Tourism Council of Thailand (TCT) in response to international insurance firms’ refusal to sell insurance coverage to visitors to Thailand following the 2008 closure of Thailand airports by members of the Peoples Alliance for Democracy (PAD). When the insurance coverage was first introduced last year, Kongkrit Hiranyakit, president of TCT, said the government had set aside Bt190.75 million ($US5.820 million) for the initial six month period covering May to October, 2009, with the Ministry of Tourism and Sports responsible for paying the insurance premium of $1 per visitor. The insurance policy provides for payments of up to $10,000 in the event of death, injury, and/or trip inconvenience, and appears to only cover people in possession of a 60-day tourist visa. Resident expatriates living and working in Thailand on non-immigrant visas do not appear to be covered for death, injury or inconvenience caused by riots.”

It will be interesting to see if the provision of this insurance will cause any stir among foreign residents as all of those who do not have Thai Permanent Residence are technically considered non-immigrants and therefore only “temporarily” staying in the Kingdom. This even applies to those with a Foreign Tabien Baan (also know as a Yellow Tabien Baan) as these registrations are specifically noted as “temporary.” Even though all non-residents are classified as non-immigrants, the category of the visa determines the privileges that will be extended to the visa holder. Therefore, those with a Thai business visa are entitled to file for a Thai work permit while those holding a tourist visa are not accorded that privilege. As a result, the provision of riot insurance could be viewed as as specific privilege that is only accorded to those holding certain types of Thai visas.

For further information about Thai Immigration please see: Thai visa.

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22nd FEB 2010

Recently the Royal Thai Immigration Police Department announced a new initiative to sweep up foreign criminals residing in Thailand. This effort is to be made possible through what appears to be the interlinking of various warrant databases. Once Thai Immigration officials link their system to that of countries such as the United States, or international organizations such as the European Union it will be less difficult to track down those in Thailand with a foreign arrest warrant or fugitive warrant.

The Bangkok Post is reporting that the new chief of the Thai Immigration Bureau is taking measures to see that foreign criminals in Thailand are apprehended through an initiative known as the “Three S’s” The Three S’s stand for “Security Standards and Service.”

In the realm of security, new initiatives are to be taken which will provide Royal Thai Immigration Police with access to international criminal warrant databases. These records would provide Thai Immigration officers as well as regular police officers with criminal histories of foreigners present in the Kingdom of Thailand. This information will be used to ascertain the location of such international criminals and facilitate apprehension.

The new campaign will also entail the creation of a new National Criminal Center. This Center seems to be intended as a repository for international criminal records. At the time of this writing, it is the author’s understanding that this Center will coordinate their activities with such foreign agencies as the Federal Bureau of Investigation, Drug Enforcement Agency, as well as other national, state, and local law enforcement agencies throughout the United States and around the world.

Another facet of Thai Immigration’s crackdown is the campaign to apprehend and deal with illegal aliens. Based upon the information contained in the above cited Bangkok Post article the new Royal Thai Immigration Chief seems to have expressed an intention to apprehend those foreign nationals who are present in the country illegally. How this will impact long term western tourists and expatriates remains to be seen as overstaying one’s Thai visa has become increasingly common since it is not longer possible to obtain a 30 day visa exemption stamp at Thai land borders.

In a way, these two initiatives are related as it could be easily inferred that those using Thailand as a place to evade foreign criminal warrants could also be Thailand visa violators.

For more information on this issue please see a previous blog post located here: criminal warrant.

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16th FEB 2010

Thailand is considered one of the most beautiful tourist destinations in the world. In recent years, Thailand has boasted some of the highest tourist numbers in Asia, but as the world economic downturn continues, fewer Americans are traveling to Thailand as tourists. However, that state of affairs is poised to change as Thailand is being heralded as a great destination for budget-conscious travelers. In many ways, the buying power of the US dollar has only been slightly diminished in the Kingdom of Thailand and the dollar still represents disproportionate buying power for Americans in Thailand.

In order to remain in Thailand, an American must either obtain a Thai visa exemption stamp or a Thai visa. One of the many questions that many Americans pose regarding Thai visas is: how do I get a long term Thai visa? Many are under the mistaken impression that obtainment of a long stay Thai visa can be more easily accomplished from Southeast Asia. This is often not the case. For many, obtaining a 1 year Thai visa can be more easily facilitated if the applicant is in the United States at the time of application. That being said, proper document preparation is essential and many American applicants opt to retain the services of Thai immigration specialists in order to streamline the process.

The proper visa category is also an issue for many Americans. The plethora of Thai visa categories can be mind boggling, but fortunately there are a few major categories that cover the activities of most applicants. The first major category is the Thai business visa. Thai business visas are perfect for those conducting business in Thailand. These travel documents are also a benefit to those who are seeking employment in the Kingdom of Thailand. In many ways, a Thai business visa is extremely helpful when it comes to applying for a Thai work permit.

A Thai O visa is a sort of “catch all” category that is most commonly used by Americans with family members in Thailand. However, under the moniker of the “O” category there is the sub-category for retirees. A Thai retirement visa can be extremely beneficial for those who simply wish to remain in the Kingdom of Thailand in order to enjoy their so-called “golden years.”

An increasingly popular visa category is that of the Thai ED visa. This visa is often utilized by those in Thailand who wish to remain in the Kingdom in order to pursue a course of study. In many ways, ED visas are very beneficial to those from other countries. That being said, these types of visas often do not confer work authorization and therefore many opt not to obtain an ED visa as it is usually difficult to obtain a Thai work permit.

For more on this issue please see: Thailand visa.

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