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Posts Tagged ‘thaivisa’

8th October 2020

There have been some recent developments with respect to Thai immigration in recent weeks. Notably, the Thai visa amnesty was retroactively extended after ostensibly ending. Concurrently, it now appears that those who hold a Thai retirement visa (specifically an O-A or O-X visa as opposed to an O visa) will now be able to seek a Certificate of Entry to Thailand. There has also been discussion in recent weeks about the notion of decreasing the amount of quarantine that one must undergo when traveling into Thailand. Furthermore, Thai immigration officials have discussed easing travel restrictions for those traveling to Thailand on business as APEC card holders can now seek a COE while there has also been discussion about allowing certain businesspeople into Thailand without the requirement that they hold work permit status. However, implementation on rules regarding this issue remain to be seen. Finally, officials are attempting to bring the new Special Tourist Visa online as fast as they can, but actual practical developments remain to be seen. In short, there seems to be something akin to a “slow thaw” taking place with respect to Thai immigration rules and while things appear to be trending toward further opening of the country there is still a long way to go before normality returns.

Meanwhile, with respect to American immigration there have been some notable developments as the US Embassy in Bangkok has begun processing interviews again for those whose prior interview was cancelled due to the shutdown. It should be noted that interviews are merely being re-scheduled as cases that had not received an interview date prior the shutdown have yet to be scheduled, but the trend seems to be pointing to further interviews occurring in the future. Concurrently, news from inside the United States is not as positive as layoffs related to USCIS funding shortfalls may result in delayed processing times for immigration petitions. It appears likely that certain aspects of the American immigration process are poised to take longer compared to times past, while perhaps other segments of the process may be unaffected or, in limited circumstances, more expedited compared to more routine circumstances.

Amidst all of the turmoil in the immigration world, we are bringing online the Immigator App. Admittedly, the timing is not optimal for an app which assists people in keeping their visas, passport, and immigration documentation organized. However, in many ways it is more important than ever for people to keep careful track of their lawful immigration status and the documentation associated therewith. Therefore, we hope that this free app will assist both clients of our firm and the public at large in navigating the Thai, American, and international immigration systems.

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16th August 2020

The coronavirus pandemic continues to create issue in the realm of immigration. However, in an American context, politics may also be playing a role as noted in a recent article from Forbes:

“Earlier this month, the USCIS notified about two-thirds of its employees that they would be furloughed starting August 30th because of budget shortfalls, which the agency hoped Congress would fill in its next relief package before negotiations stalled recently…“I don’t think I can emphasize enough how large an issue this will be – we’re looking at the final days of legal immigration as we know it in the United States,” said Ruark Hotopp, a representative for USCIS workers in Nebraska…”

A decrease in manpower of the scope and scale contemplated in the article above, when discussing this possible USCIS furlough, would have a tremendous impact upon the American immigration apparatus as it would likely cause substantial increases in processing times and therefore delays in the acquisition of visas. It stands to reason that no visa category would be unaffected by this turn of events. Therefore, it is likely that those seeking employment based visas as well as family based visas (such as the K-1 visa, K-3 visa, CR-1 visa, or IR-1 visa) will see negative consequences should funding fail to materialize.

Meanwhile in Thailand, the Thai immigration system remains in a strange state. On the one hand, those stranded in Thailand have seen a chaotic situation unfold, to quote directly from the Bangkok Post:

“Immigration rules tend to remain unchanged and rather rigid for a prolonged period of time, but when they shift, they shift dramatically. COVID-19 may prove to be the catalyst for a major paradigm shift in terms of Immigration policy thinking in Thailand.”

Concurrently, those with long term Thai visas stranded abroad have had to wait patiently as returning to Thailand has proven effectively impossible until recent days and even those permitted to return to Thailand are only permitted to do so under extremely constrained parameters. The Thai government seems keen to permit entry of tourists to Thailand, while simultaneously concerned about forestalling the spread of infections. For these reasons, initiatives such as the “travel bubble” scheme were initially floated, only to be reassessed as it now appears that the “safe and sealed” initiative to allow in certain foreign tourists may be taking off. However, as the flight ban on the vast majority on in-bound air travel remains in force it seems unlikely that Thailand will see standard tourist numbers return in the immediately foreseeable future. That stated, the future of immigration policy in Thailand remains to be seen.

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7th July 2020

The Immigration systems of both the United States of America and the Kingdom of Thailand have arguably been subjected to more changes recently than they have undergone in many years. Recently, President Trump announced an expansion of his travel ban on certain foreign nationals. The relevant portions can be found in the excerpt from the White House’s website:

Sec2.  Suspension and Limitation on Entry.  The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:

(a)  an H-1B or H-2B visa, and any alien accompanying or following to join such alien;

(b)  a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and

(c)  an L visa, and any alien accompanying or following to join such alien.

It should be noted, although the expanded ban appears to have rather wide ranging effects, those seeking the K-1 visa for a foreign fiancee, a K-3 visa, CR-1 visa, or IR-1 visa for the spouse of an American citizen are unaffected by this recent proclamation. That stated, while this ban does not have a direct impact, the fact that US Embassies and Consulates overseas are still not open for visa processing continues to stall immigration matters.

Meanwhile, Thailand is taking stringent measures in an attempt to forestall any further spread of COVID-19 in the Kingdom. With nearly 6 weeks of zero in-country transmissions, Thailand is a proving to be a global success story in the “fight” against Coronavirus. These measures appear to be bearing fruit, but Thailand remains in lock down from an international travel context. It was recently announced that some foreigners would be allowed to enter Thailand. At the same time, Thai officials are attempting to implement a “travel bubble” scheme which will allow some tourists to enter Thailand under specific conditions. As of the time of this writing, the initiation of “travel bubbles” has yet to be seen, but they are expected to come online in September. Thereafter, there will be a phased program of increasingly less stringent restrictions with the culmination presumably manifesting as tourism to resume as normal. It should be noted that the countries surrounding Thailand appear to be taking similar positions to that of Thailand with respect to inbound tourist arrivals, at least for the foreseeable future.

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12th March 2020

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.

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1st January 2020

By any estimate, 2019 was not a great year for those dealing with either the American or Thai Immigration systems. In 2019, those seeking to live in Thailand under an O retirement or marriage visa saw many of the rules regarding that visa category changed. For example, it is now no longer possible for many expats in Thailand to use income affidavits issued from the Embassies or Consulates of their home country in order to prove their financial ability to remain in the Kingdom. Concurrently, the regulations regarding the income or bank balance requirements associated with the marriage and retirement visas are now more strictly enforced and may require a more prolonged maintenance of a bank balance compared with times past. Meanwhile, with respect to Thai retirement visas specifically, the rules regarding retirement visa issuance and extension underwent another adjustment with the introduction of the rule that retirement visa holders in Thailand must obtain health insurance coverage in order to cover medical expenses while maintaining their retiree status in Thailand. Although there were no specific changes with regard to the rules pertaining to Thai business visas, 2019 saw a level of scrutiny with respect to adjudication which is rather unprecedented.

Meanwhile, in the USA the Immigration apparatus has seen a great deal of administrative transformation. Some Immigration practitioners in the USA are calling this the “Invisible Wall” in reference to the current President’s promise to build a wall to deter illegal immigration. With respect to US visas from Thailand specifically, it should be noted that 2019 saw the closing of the USCIS office in Bangkok. Moving forward through 2020 and beyond it appears that those who could once file for Immigration benefits through that office, including applications for IR-1 and CR-1 visas from Thailand, must now file their cases through the relevant USCIS office in the USA. Furthermore, it appears that the number of requests for evidence in cases involving American family based cases is on the rise while it remains to be seen exactly what the National Vetting Center is doing as cases processing through the National Visa Center seem to be processed in increasingly slowly. In cases involving K-1 visas from Thailand the overall process has seen little fundamental change, but the as with other American immigration petitions there seems to be a rise in the number of RFEs issued especially in the wake of changes to the relevant forms associated with such matters.

What can be expected moving forward? With respect to Thai Immigration it seems unlikely that fundamental changes to the retirement visa category (such as the medical insurance requirement) are in the offing. In fact, it seems that the current regulatory framework has been set in place as a rather permanently. However, there is speculation that insurance requirements may be imposed for other categories such as marriage visas and perhaps even business visas, but this remains pure speculation. Further, in light of recent down turns in certain parts of the Thai tourism sector and the increasing strength of the baht it seems Immigration officials are signaling a more moderating tone in order to forestall damage to the tourism sector. With regard to American immigration it seems logical to surmise that the trends of 2019 will continue into 2020 with everyone focusing upon the forthcoming election in November as a possible indicator of where immigration policy will be heading in the forthcoming decade.

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