Thailand Call: 02-266 3698
USA Call: 1-(316)-974-0454
Integrity Legal
- Legal Blog
- Integrity Legal Home
- Thai Visa
- Company in Thailand
- Real Estate Thailand
- US Visa
- Contact Us
Posts Tagged ‘Thailand Visa’
9th MAR 2010
Thailand Visa: Benefits of the Education (ED) Visa
Posted by : admin
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.
3rd MAR 2010
Thailand to Reinitiate the Free Tourist Visa Scheme
Posted by : admin
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.
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.
16th FEB 2010
Thai Visas for Citizens of the United States of America
Posted by : admin
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.
4th FEB 2010
March 5, 2010 to Mark the End of the Free Thai Tourist Visa
Posted by : admin
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.
25th JAN 2010
Thai Visas From Canada
Posted by : admin
Thailand has been voted one of the top vacation destinations for those on a budget. Many believe that Thailand with its beautiful weather, captivating beaches, and incredible nightlife, is truly a modern paradise. Many look to the Kingdom of Thailand as a great place for long term tourism or as a location for retirement. No matter what one’s desires are, Thailand has something for everyone. In recent years, Immigration rules, regulations, and restrictions have made staying in Thailand for a long period of time something of a challenge. However, there are still ways in which foreigners can obtain long term visas.
For those of Canadian nationality who are thinking of remaining in Thailand long term, it may be better to obtain a Thai visa while in Canada rather than traveling to Thailand and seeking a Thai visa extension from within the Kingdom. The reason for the need for preparation is based upon the fact that Thai Immigration does allow a foreigner to enter Thailand for a period of 30 days without a visa. At the time of this writing, this rule applies to Canadian nationals. However, the fact is that the foreigner in the Kingdom in this status does not actually have a Thai visa, but instead has a Thai visa exemption. Therefore, applying for an extension in Thailand is very difficult as, legally speaking, there is no visa to extend. This scenario often creates a situation in which the foreigner must then do a “visa run” to an Embassy or Consulate outside of Thailand in order to obtain a visa and return to the Kingdom.
By obtaining a Thai visa before leaving Canada, Canadians can forestall the need for a visa run as Thai multiple entry visas can sometimes be issued with a validity of one year. Upon each entry, the foreign national using a 1 year multiple entry visa will be admitted to the Kingdom for a period of 90 days. That being said, in order for a new 90 days of lawful status to commence all the foreign national need do is leave the Kingdom and reenter. In a sense, this is a visa run, but it only occurs every 90 days rather than once every 30 or 60 days. Also, in this situation, there is no need to go to an Embassy near Thailand as the foreigner’s 90 day stamp should be granted automatically upon reentry.
Another issue that should be considered is that of employment. A 1 year multiple entry Thai business visa can be used as a basis for submitting a Thai work permit application.
24th JAN 2010
Thailand Business Visa Extensions and New Ministry of Labor Rules
Posted by : admin
Thai business visa rules can be confusing for some as those who are new to the Kingdom of Thailand can become confused by the Thai Immigration system. Even seasoned expatriates in Thailand have trouble keeping up with the constantly changing rules and administrative procedures. The reason for the confusion can at least be partially attributed to the fact that, like US immigration rules and regulations, there are two Thai government agencies with overlapping authority where Thai visa matters are concerned. The first agency is the Royal Thai Immigration Police who are similar to United States Immigration officials at the Department of Homeland Security in that they oversee the administration of Thai Immigration rules from inside the Kingdom. Then there is the Thai Ministry of Foreign Affairs. The Thai Ministry of Foreign Affairs, through Thai Embassies and Consulates abroad, is tasked with adjudicating visa applications outside of Thailand and when said visa applications are approved they are tasked with promulgating visas.
This brings us to the issue of Thai visa extensions. For many foreign nationals working in the Kingdom of Thailand a visa extension is necessary in order to remain in the Kingdom long term. Some opt to use multiple entry visas, but generally, these visas are not convenient for those who wish to remain uninterrupted or eventually apply for Thai Permanent Residence.
In recent months there has been some discussion among Thai government officers about tightening up the Ministry of Labour regulations regarding foreign workers. Apparently, new rules will go into effect in February 2010 which would make Thai work permit rules more stringent. This will likely have a collateral impact upon those seeking Thai visa extensions as work permit renewal is usually required by Thai Immigration before they will extend a Thai visa. At one time, the One Stop Service could be used by employees of companies with a high registered capital or BOI Companies. One Stop Service allowed foreigners to apply for both a work permit renewal and a visa extension at the same time.
However, One Stop’s jurisdiction has been significantly curtailed and the service itself is effectively non-existent for small businesses. Now, most foreigners wishing to renew their work permit and visa must do so by first making a trip to the Ministry of Labour and then traveling to the Royal Thai Immigration Police headquarters to extend the visa after work permit renewal. At this time, the process seems cumbersome, but there is some hope that the system will be streamlined so as to facilitate more efficient processing of work permits and visas.
13th JAN 2010
Passport Validity and Visas to Thailand
Posted by : admin
Thailand visa issues seem to be one of the most popular topics discussed on this blog. This may be due to the fact that many people who travel to the Kingdom of Thailand find that they would prefer to remain for a long period of time. Unfortunately, obtaining a Thai long term visa seems to be getting more and more difficult as visa regulations become increasingly complex and cumbersome. That being said, there is one rule that can have a major impact upon one’s chances of obtaining a Thai visa. This rule deals with foreign passport validity.
In many cases, Thai Consular Officers working at Consulates and Embassies overseas are hesitant to provide long term visas to Thailand if the applicant’s underlying passport is not valid for the entire duration of the visa. This being said, there is a bright line rule at most Consulates: the applicant must have at least 6 months of validity left on their passport in order for any visa to be issued. However, as a practical matter Consular Officers have a great deal of discretion regarding visa issuance and short term passport validity is frowned upon. This negative attitude could translate into a Thai visa application’s denial if the officer is uncomfortable issuing a visa to the applicant based upon the totality of the circumstances.
For those interested in obtaining a Thailand visa it is wise to have a passport that is valid for at least one year. Further, some posts prefer machine readable passports as they provide an extra level of security and act as a means of preventing visa fraud because it is more difficult to forge a machine readable travel document.
As with US Consulates and Embassies, each Thai Consulate or Thai Embassy has a slightly unique procedure for processing visa applications and as a result the above information should be checked against the post policies and guidelines at the time of application. As a general rule, a Thai visa applicant would be wise to present a well-founded application along with a machine readable passport valid for more than six months, but preferably more than one year.
For Americans seeking a new passport in Thailand please contact the American Citizen Services Section of the US Embassy Bangkok as this office is primarily responsible for passport issuance to those resident in Thailand. For those living in Northern Thailand the US Consulate Chiang Mai can also assist with passport procurement for American Citizens.
10th JAN 2010
Work Permit Rules May Become More Stringently Enforced
Posted by : admin
Work Permits are always an important issue for foreign nationals living in Thailand. Under Thai law, the right to work is bifurcated from the right to remain in the Kingdom. Therefore, many find that it can be easy to be lawfully admitted to Thailand on a validly issued Thai visa and remain for relatively long periods of time, but it can be difficult to obtain work authorization in the form of a Thai work permit. One of the reasons for this difficulty is that the Thai Foreign Business Act restricts the types of activities that foreign nationals are allowed to engage in while present in Thailand. In many ways, Thailand has maintained protectionist measures in order to insulate the Thai labor force from some of the detrimental side effects of globalization.
Recently, it was announced that the government would be easing some of the restrictions in the Thai Foreign Business Act. At the same time, the Thai government has also announced that the rules still on the books would become the subject of more stringent enforcement. This leads us back to the issue of work permits. It would appear that the government is preparing to allow foreign companies to engage in certain previously restricted activities, but the upshot of this is that the rules and regulations regarding activities that are still restricted will be enforced more diligently than before. To quote a recent posting on Thaivisa.com from the British Chamber of Commerce in Thailand Magazine:
“Unfortunately, the Labour Department has revised Work Permit regulations and a new list of the types of work foreigners are allowed to conduct will be issued by February 2010 at the latest. According to the current draft of the Ministerial Regulation, the new rules and practice will impact on current work permits (when they are extended) and also new work permits. [...] Despite the position of all foreign Chambers that liberalisation and streamlining of visa and work permit regulations would be advantageous for attracting and retaining much needed foreign investment, certain ministries appear to have taken the opposite view.”
It would appear that the Thai Ministry of Labour is taking a rather tough stance with regard to the enforcement of work permit regulations.
Although it is quite common to see such attitudes in difficult economic times, this author cannot help but wonder if this is the best course of action for the overall Thai economy. Small and medium sized businesses owned or managed by foreign nationals will likely be the most adversely impacted by this new policy and there is strong evidence that such enterprises act as the driving force for the economy-at-large. In these tough economic times, attracting foreign skilled labour and investment may be better than promulgating rules that make working in Thailand more difficult.
28th DEC 2009
Thailand Visa Application Adjudication at Thai Consulates Abroad
Posted by : admin
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.
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.