Integrity Legal

Posts Tagged ‘visa on arrival’

3rd April 2019

In recent weeks, a major topic of conversation among the expat community has been the issue of address notification for foreign nationals staying in locations other than those noted on prior immigration documentation (e.g. prior application for extension of stay, or an address noted on a TM6 arrival card). In a recent article from the BuriRam Times the Head of Immigration, Surachate “Big Joke” Hakparn was noted for making comments regarding changes to the penalty system associated with landlords failing to report foreigners staying on their premises:

“Channel 7 said that in the past warnings to people such as hotel owners and condo owners for failing to report foreigners in their properties would now be replaced by fines.”

In order to provide further clarity on this topic it may be best to quote directly from the official site of Thai Immigration:

“According to section 38 of the 1979 immigration act, “House owners, heads of household, landlords or managers of hotels who accommodate foreign nationals on a temporary basis who stay in the kingdom legally, must notify the local immigration authorities within 24 hours from the time of arrival of the foreign national.” If there is no immigration office in the province or locality of the respective house or hotel, the notification is made to the local police station. In Bangkok the notification is made to the Immigration Bureau. The notification of residence of foreign nationals is made by the manager of licensed hotels according to the hotel act, owners of guesthouses, mansions, apartments and rented houses using the form TM. 30. The notification of residence of foreign nationals within 24 hours can be made in a number of ways…”

Clearly, landlords have an affirmative duty to report foreigners staying on their premises through use of the TM30 form. What some foreign nationals staying in Thailand are unaware of is the fact that the duty to notify Thai Immigration of a change in address does not fall exclusively upon the landlord of the location at which the foreigner is staying, but in fact the duty also falls upon the foreign national in question to also unilaterally notify Royal Thai Immigration Police of a change in location (if the duration of stay is longer than 24 hours) through use of the TM28 form. As the administration of this blog reads the relevant regulations, foreign nationals who are deemed to be temporarily staying in the Kingdom must submit the TM28 form if their address should change. What constitutes an address change? Any stay of 24 hours in a given location. In what type of visa status is a foreign national considered to be staying “temporarily” in Thailand? The regulations would seem to dictate that those staying in the Kingdom on a visa exemption stamp, visa on arrival, tourist visa, or any type of non-immigrant visa (including, but not limited to, categories: B, O, ED, or O-A retirement) are considered to be staying in the Kingdom temporarily (regardless of the total duration of stay) and therefore are required to comply with the rules associated with the TM28.

Immigration officials have noted that the Immigration regulations are likely to soon see amendment due to the fact that many of the protocols associated with Thai Immigration law are somewhat outdated. Actual amendment of the regulations remains to be seen, but we will update readers as soon as changes occur.

more Comments: 04

17th January 2017

It recently came to this blogger’s attention that law enforcement authorities are set to shortly begin implementation of electronic monitoring of suspected criminals who have been released on bail. In a recent article in The Nation it was noted that the initiative has begun in an effort to create a more equitable system for accused defendants who seem to fall in a sort of middle category between those accused of minor offenses and those accused of more serious violations of the law. Those who are unable to make bail and looking at trial for offenses carrying less than a 5 year sentence are eligible to be released provided that such defendants are tracked using an ankle monitoring device similar to those used in the USA, UK, and other western countries.

Thailand has had issues with prison overcrowding in recent years and this initiative seems to be aimed at reducing prison populations while also providing a degree of leniency for those who cannot afford to pay bail. It should be noted that the use of these devices in limited release scenarios is entirely at the discretion of the judiciary. In most cases involving foreign nationals facing trial in Thailand it appears that bail may be the best option of ensuring release as it seems this particular initiative is intended to provide assistance to indigent Thais accused of relatively minor offenses. For more information on criminal law pertaining to foreign nationals in Thailand please see: Thailand Criminal Lawyer.

Meanwhile, in other news it appears the Thai passport has declined somewhat in the global ranking of passports based upon visa-free and visa-on-arrival numbers. Thailand fell behind some other countries as the Thai passport’s relative options for visa free travel to other countries decreased. However, Thailand’s passport remains one of the most flexible travel documents among the ASEAN (Association of Southeast Asian Nations) countries. It should be noted that as of the time of this writing Thailand is not on the list of countries that the United States of America allows to utilize the visa waiver program. As a result, all Thai nationals wishing to travel to the USA must obtain a US visa before traveling. For some, this requirement can be rather cumbersome especially in light of the more stringent application of section 214(b) of the United States Immigration and Nationality Act. This section in conjunction with doctrines such as the doctrine of Consular Absolutism makes getting into the USA on a non-immigrant visa very difficult for some Thai passport holders.

more Comments: 04

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.