Integrity Legal

Prenuptial Agreements are important instruments both for asset protection and for litigation avoidance. For those who wish to execute a prenuptial agreement in Thailand, the advice of a competent licensed attorney is highly recommended.

Many who are in the process of getting married do not wish to discuss the prospect of a possible marital dissolution. This attitude is similar to those who do not wish to discuss estate planning or Wills because they do not wish to think of their own death. Although an understandable feeling, often dealing with such issues in an open and reasonable manner can put all parties at ease. With regard to prenuptial agreements, there are some formalities which must be dealt with after the marriage has been registered.

For those with a retirement or pension plan, the effects of the Employee Retirement Income Security Act of 1974 (ERISA) can have a major impact upon the Thai Prenuptial Agreement process. As mentioned previously on this blog, and elsewhere, prenuptial agreements need to be properly drafted by a competent attorney. Also, the Thai fiancee signing the agreement should be provided with independent counsel in order to ask questions about the agreement and have all rights, obligations, waivers, and entitlements explained in layman’s terms. Further, if the Thai fiancee is not a native English speaker, then it may be advisable to have a Thai interpreter assist in advising her as to her rights.

That being said, ERISA requires that a further waiver be signed after the marriage is registered or executed. This is due to the fact that only a spouse is entitled to waive rights delegated under ERISA. As ERISA is Federal law it trumps state law pursuant to, among other things, the Supremacy Clause of the United States Constitution. Those with a pension or retirement plan covered under ERISA, should seek experienced legal counsel to explain how their interests can be protected in a prenuptial agreement. Fortunately, their are ERISA waivers which allow the parties to make individualized provisions as to the distribution of pension funds in the event of marital dissolution. That being said, attorney consultation is highly recommended as ERISA can be a very complicated area of law.

As with any premarital agreement, a Thai prenuptial agreement should be signed prior to the marriage. However, Thai prenuptial agreements are registered at the same time as the Thai marriage registration. Therefore, it may be possible to execute an ERISA waiver soon after marriage registration in Thailand.

Tags: ERISA, Marriage Registration Thailand, Marriage Thailand, Pension Plan, Retirement Plan, Thai prenup, Thai prenuptial agreement, Thailand Marriage, Thailand Marriage Registration, Thailand prenup, thailand prenuptial agreement
Posted in General Legal Information, Miscellaneous, Thai Family Law, Thailand Marriage Registration | No Comments »

There are many who dream of retiring in beautiful Thailand with its sunny skies, temperate climate and beautiful beaches. For many, retirement in Thailand is akin to retirement in paradise, but under Thai immigration rules, “retirement,” does not begin until an individual reaches fifty years of age. Recently, this author has been questioned by many regarding the age requirement of the Thai retirement visa. In many western countries “early retirement,” is a common occurrence. In Thailand, this is not so common and the Thai Immigration regulations reflect this cultural difference. Fortunately, there are alternatives to the retirement visa that can be used in a similar manner.

Many people in their late forties go into retirement or semi-retirement in Thailand. The benefit of a retirement visa from the standpoint of some is the fact that this visa does not require regular “border runs” or “visa runs.” This is mostly due to the fact that Thai retirement visas are similar to Thai visa extensions. When one is granted a visa extension in Thailand, the person is allowed to remain in the Kingdom for the uninterrupted period noted in their passport. Therefore, if one is granted a 1 year extension, then that individual may remain in Thailand for an entire year without leaving. The visa holder must check in with Royal Thai Immigration once every 90 days, but otherwise there are no further requirements.

For those under 50 wishing to remain in Thailand, obtaining a visa extension can be very difficult. For the Business visa holder, one must have a valid work permit as well as a sponsoring company in order to be granted a visa extension. An O visa holder must have a bona fide reason for extending the underlying visa. In many cases, showing kinship with a Thai national is enough to get a Thai visa extension. However, this does not guarantee extension application approval. As extensions can be difficult, many look to the retirement visa as a way of remaining in the Kingdom. However, there are no exceptions to the age requirement and therefore pursuing such a visa would be futile for someone under 50.

In many ways, a Thai business visa is a superior travel document as it is more flexible than the retirement visa because it does not “pigeon hole” the visa holder into only one activity. There is no prohibition on Business visa recipient’s remaining in the Kingdom unemployed. Instead, the visa holder need simply maintain lawful status and avoid becoming a ward of the state. If these requirements are met, then the business visa holder can remain in the Kingdom long term.

Tags: Business Visa Thailand, Retirement Visa Thailand, Thai Business Visa, Thai O Visa, Thai Retirement Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand o visa, Thailand Retirement Visa, Thailand Visa
Posted in General Legal Information, Thailand Visa | No Comments »

In recent months, the former Prime Minister of Thailand, Thaksin Shinawatra, has been in the news as he evades requests for extradition from the Kingdom of Thailand. The website Thaivisa.com is reporting the following:

“Thaksin’s name in passports issued by Nicaragua, Uganda and Montenegro has been changed to “Takki Shinegra,” he said. The Thai government has revoked Thaksin’s diplomatic passport issued during his premiership. He was believed to have an ordinary Thai passport. Some African countries have issued him a special passport to facilitate his travels and his visit to the countries. [Vice Foreign Minister] Panich said Thaksin’s new name may cause problem for Thailand’s attempt to bring him back to face two-year jail term on charge of corruption.” [sic]

The change of Mr. Thaksin’s name is a major obstacle for those who wish to make him return to Thailand. Thaivisa.com further quotes Mr. Panich:

“Problems can happen when we ask foreign countries to extradite him. We name him in our request as Thaksin Shinawatra but when those countries check his presence, they would not find him because he used different name.” [sic]

The issue of dual nationality and different names is not exclusively the problem of Thai authorities. Many people around the world have dual nationality and in many cases, they have different names depending upon their country of Citizenship. This can create a great deal of consternation for Immigration officials.

Dual nationality is not, in and of itself, a problem for those wishing to obtain US or Thai Immigration benefits. However, it can raise many issues with regard to the identity of the individual seeking the immigration benefit. For example, if an individual is born in Hong Kong under one name, but later takes Australian nationality under another name, then that individual’s birth certificate will not likely match his or her Australian passport. This can lead to problems with Immigration authorities as two names can cause confusion and lead to increased scrutiny.

When petitioning for Immigration benefits in any country, it is often required that the applicant divulge any aliases that they may have. For those applying for a Thailand visa or an American visa this is often required and failure to note an alias could result in relatively serious sanctions.

Many countries allow their citizens to have aliases noted in their passport. For United States Citizens, this is definitely a possibility, but requires approval of  an application to have a different name noted in a US passport. For those resident in Thailand, it is possible to have an alias noted in a US passport, but one must submit an application to the Consular Officer at the American Citizen Services section of the US Embassy in Bangkok or the US Consulate in Chiang Mai. US Embassies and Consulates elsewhere can perform this service as well. Thai Consulates and Embassies could also note aliases in one’s Thai passport, but one must check with the Consulate beforehand as not all posts are able to complete this task.

Tags: American Embassy Bangkok, American Embassy Thailand, American Passport, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, us embassy thailand, us passport, US Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Embassy, Thailand Visa, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

The Thai Ministry of Labour seems to be preparing for a major overhaul of the Thai work permit rules. Currently, Thai work permit regulations are relatively straightforward and the process is not particularly cumbersome. However, it would appear that new rules will be put into effect in the beginning of 2010. The following is a brief overview of the proposed rules and requirements.

Currently, there is a list of jobs that foreigners can and cannot engage in, an updated list of the types of employment which foreign nationals will be permitted to engage in will be promulgated on or before February 23, 2010. Pursuant to recent drafts of the updated Ministerial Regulations on the kinds of work that foreign nationals are permitted to engage in, these updated rules and will impact on currently valid work permits as they will be reevaluated upon extension.

The new protocols will force foreign nationals, when submitting a request for a work permit to be issued or renewed, to explain both the type of work (apparently, there will be between six and eight employment categories) and the actual job title that the foreign national will apply for.

Information regarding Ministry approved positions will not be available to the public as only officers at the Thai Ministry of Labour will have the list of approved positions. This list will be in an “internal guidebook,” which will only be distributed within the Ministry.

If a foreigner applies for a position that is not listed in the Ministry’s “internal guidebook,” the application will likely be denied. The foreign national may submit a new application but it will be placed under heavy scrutiny by the officers.

The sponsoring company’s business plan will also be required as well evidence showing that the company attempted to employ a Thai national in the position, but was unsuccessful in finding anyone to fill the role.

It should be noted that although these new rules will not have a direct affect upon one’s Thailand visa, failure to obtain a Thai work permit before one’s visa extension application is due could result in an inability to obtain a new visa extension and thereby cause the foreigner to fall out of status. For those staying in Thailand on a business visa, it may be wise to keep an eye upon the work permit rules as these rule changes will likely affect a foreigner’s ability to remain in the Kingdom in their current position. Those who own a company in Thailand should stay abreast of the rules as they could have a major impact upon a company’s human resources department.

Tags: new work permit rules Thailand, Thai Business Visa, Thai Company, Thai Visa, Thai Work Permit, Thailand Business, Thailand Business Law, Thailand Business Visa, Thailand company, Thailand Visa, Thailand Work Permit
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand company, Thailand Visa | No Comments »

Unfortunately Thailand is a breeding ground for disreputable firms offering drafting services for a Thai prenuptial agreement. One of the telltale signs of such an operation is a so-called American “lawyer,” offering an American Prenuptial agreement for Thai fiancees. The first thing one ought to do when dealing with anyone claiming to be an attorney: ask for their credentials. An actual licensed attorney from the United States should be able to produce a bar card, supreme court license, or US Federal license to practice law.

That being said, there are further issues to remember when drafting a prenuptial agreement. One major formality should be adhered to when creating a prenuptial agreement and failure to adhere to this formality can severely damage a prenuptial agreement’s later enforceability. This important formality is a review with an independent attorney.

A prenuptial agreement, like many legal contracts, requires that all parties understand the agreement at the time that they sign it. In cases where the agreement is with a Thai fiancee, it is wise to have both a Thai version of the agreement and an independent attorney who can review the agreement with the fiancee so that she understands all aspects of the agreement and all of the legal rights and benefits that she is both acquiring and relinquishing by signing the agreement. Having the agreement drawn up by an unlicensed attorney runs the risk of having its provisions later thrown out due to poor draftsmanship. Further, failure to have an independent attorney review the document with the Thai fiancee could result in a court finding that the provisions of the agreement should not be followed because the Thai fiancee did not understand what she was signing when she signed it.

For these reasons, it is highly advisable to retain a licensed attorney to draft a prenuptial agreement in both Thai and English. A legitimate attorney can then refer the Thai fiancee to another licensed independent attorney who can provide an accurate and impartial assessment of the agreement as well as answer any questions that the Thai fiancee might have.

Some couples opt to have their signatures notarized and in Thailand an attorney will likely have access to a Thai notary. If the couple plans to sign the agreement in the United States, then it would be wise to retain the services of a notary in the state where the agreement is signed. A notary must actually witness the signatures of both parties. At American Citizen Services at the US Embassy in Bangkok the consular officers can provide notary services. Although a Thai notary is valid if the agreement is signed in Thailand.

For more information, please see Thailand Prenup.

Tags: prenup, Prenup Attorney Thailand, Prenup Lawyer Thailand, prenuptial agreement, Prenuptial Agreement Attorney Thailand, Prenuptial Agreement Lawyer Thailand, Thai prenup, Thai prenuptial agreement, Thailand prenup, thailand prenuptial agreement, US Prenup Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thai Family Law | No Comments »

Although not a major topic on this blog, the visa run is an issue for many expatriates, or expats, in Thailand. There was a time when remaining in Thailand for a virtually indefinite period of time simply required a “visa run” or “border run,” once every thirty days. However, Thai Immigration regulations have been in a state of flux for approximately 5-10 years and one of the biggest changes was the end of the infinite 3o day visa exemption. Today, a foreigner will usually only receive a 15 day visa exemption at a land border in Thailand. This is unhelpful for those wishing to remain in Thailand for a long period of time as Thai Immigration officials require at least 21 days of lawful status to convert a Thai visa or extend a Thai visa.

The border run or “visa run” is still important for many as it is still required of one in the Kingdom on a long term multiple entry Thai visa.  A one year multiple entry visa for Thailand provides the bearer with 90 days of lawful status per entry. In the case of the Thai business visa, business travelers often leave Thailand before their duration of stay has ended. However, in cases where the traveler must remain past 90 days he or she will need to leave the country and be stamped back in at a port of entry.

A common method of fulfilling this Thai Immigration requirement is through use of a land border. A very popular “border run” or “visa run” destination for those residing in Bangkok is Cambodia. Although currently their are some tensions with Cambodia that threaten to close the Cambodia border. At present, it would appear that the border will remain open. That being said, another issue arises. Namely, does one need a visa to enter Cambodia on their “visa run?” For most passport holders the answer to this question is: Yes. With the exception of ASEAN nations, most foreign passport holders need a visa to enter Cambodia. Currently the price of a Cambodian visa is $20 although this price could change.

Some border runners and visa runners opt to travel to other countries near Thailand as a method of fulfilling Thai Immigration requirements. Popular destinations are Burma (Myanmar), Laos, and Malaysia. Currently, Malaysia has a visa waiver program for most passport holders while Burma (Myanmar) requires a visa for those from nearly every nation. A Burmese visa can be obtained at the Myanmar Embassy in Bangkok. As to Laos, a visa exemption or visa on arrival is granted to most entrants when they are admitted to Laos at a port of entry.

Some opt to do their “visa run” using an airport. In this situation the visa runner needs to leave Thailand by plane and be stamped back into the Kingdom upon return. Malaysia has become a popular destination as the Royal Thai Embassy in Kuala Lumpur is popular for short term Thai visa applications.

Thailand visa rules can act as an inconvenience to many foreigners in Thailand, but through research on the current Immigration laws one can make the process as hassle-free as possible.

Tags: border run, Cambodia Visa, Cambodian Visa, Malaysian Visa, Myanmar Embassy Bangkok, Thai Embassy Kuala Lumpur, Thai Visa, Thai visa requirements, Thai visa rules, Thai visa run, Thailand Visa, Thailand visa requirements, Thailand visa rules, Thailand visa run, Visa Run
Posted in General Legal Information, Miscellaneous, Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa | No Comments »

Each year, thousands of American Citizens travel to the Kingdom of Thailand as tourists, business travelers, investors, students, or to visit family in Thailand. In some situations an American Citizen needs something that must be officially issued by an organ of the government of the United States of America. In most cases, the US Citizen can get the official documentation from the American Citizen Services section of the United States Embassy in Bangkok, Thailand. There was a time when many complained about the service at American Citizen Services (also known as ACS), but today this section is very efficient and staffed by very polite service oriented officers.

Of the many things that American Citizen Services does, one of the most important functions is passport issuance. For those that are interested in obtaining a new American passport while in Thailand, it would be wise to contact ACS as they can facilitate passport issuance. For those who have lost a passport in Thailand or had their passport stolen, it is best to report the theft to the police and then proceed to the American Citizen Services section to obtain a new passport.

It should be noted that it may be possible in limited cases for American Citizens to receive a second passport from ACS. Second passports are rarely issued, but for certain travelers a second passport may be a necessity. Therefore, American Citizen Services and the Department of State may grant a second passport to worthy applicants.

Those that need an American notary can go to the American Citizen Services section because the Consular Officers can notarize documentation for official purposes. Please note that there is a charge for this service and one should check the US Embassy website for an updated fee quotation.

Those getting a Thai drivers license may need to go to American Citizen Services as it may be necessary to fill out an affidavit regarding one’s residence. The same can be said for one who wishes to register a marriage in Thailand as a trip to American Citizen Services may be required.

Some are under the mistaken impression that American Citizen Services has a hand in the Amity Treaty certification process for a Thai Company. This is not necessarily true as the American Citizen Services Section generally does not have any direct involvement in this process except for possible notarizations.

American Citizen Services does not generally deal with US visa matters. Although they do assist in producing a document called a Consular Report of Birth Abroad which can be used for obtaining a US passport on behalf of a child of an American Citizen.  The US Consulate in Chiang Mai also has an American Citizen Services section. It fulfills functions similar to its counterpart in Bangkok.

For those interested in visiting ACS it may be advisable to schedule an appointment in advance via their online appointment scheduling service. To learn more visit the ACS webpage here.

Tags: ACS, ACS Bangkok, ACS Thailand, American Citizen Services, American Citizen Services Bangkok, American Citizen Services Thailand, American Embassy Bangkok, American Embassy Thailand, us embassy bangkok, us embassy thailand, US Visa Thailand
Posted in General Legal Information, Thailand Marriage Registration, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Visa Thailand | 1 Comment »

In previous posts on this blog we have provided information regarding the updated processing time estimates for K1 visa applications, K3 visa applications, and CR1 visa applications. This is simply an update as to the processing times at the time of this writing. For more information please see other posts on this blog or the website of the United States Citizenship and Immigration Service (USCIS). To go to the USCIS website directly, please click here.

That being said, the following are the processing times for the USCIS Service Center in California. Please note that the I-131 application is for an advance parole travel document.

These are the estimated processing times for the USCIS Service Center in Vermont. Please note that the I-131 application is for an advance parole travel document

Always remember that USCIS Processing times are estimates only as each and every case is unique and therefore determining the processing time of one particular case can be very difficult.

Tags: advance parole, Fiance Visa Thailand, K1 Visa Process, K1 visa processing time, K1 Visa Thailand, K3 Visa Process, K3 Visa processing time, K3 Visa Thailand, US Visa Process, US Visa Processing Time, US Visa Thailand, USCIS Processing Times
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In a previous post the issue of the G-28 Notice of Attorney Appearance was discussed. The United States Citizenship and Immigration Service had changed the form in order to update its contents to more accurately convey information regarding the exact nature of an attorney’s representation of a client before the various agencies under the jurisdiction of the Department of Homeland Security. Recently, this author has learned through the American Immigration Lawyers Association that USCIS will continue to accept the old form and will not reject an application simply for utilizing the previous form. To quote USCIS through AILA:

“U.S. Citizenship and Immigration Services (USCIS) announced today that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice… On Oct. 1, 2009, USCIS announced the publication of a new Form G-28 and provided a 30-day grace period, until Oct. 30, for accepting previous versions at the USCIS Lockbox facilities or USCIS Service Centers. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. This will allow law students who represent immigrants to use the previous form until changes can be made to the form to accommodate their unique situation.”

As stated previously, the submission of a G-28 puts the United States government (in the form of the Department of Homeland Security, Immigration and Customs Enforcement, Cutoms and Border Protection, and the United States Citizenship and Immigration Service) on notice that an attorney has officially entered their appearance in the case.

Also a G-28 is an effective way of determining if one is dealing with an actual attorney or simply working with a “visa company,” “visa agency,” or phony unlicensed “lawyer.” Unless the government is willing to correspond directly with one’s attorney it may be wise to seek representation elsewhere because this is an integral component of the Immigration attorney-client relationship.

Each and every US Embassy or US Consulate is under the jurisdiction of the US Department of State and not the Department of Homland Security. Therefore, a G-28 has no bearing on these organs of government, but the US Embassy will correspond with an attorney in matters pertaining to a visa application if the attorney is licensed to practice in the USA. That being said, generally the Embassies and Consulates will not deal with unlicensed so-called “lawyers,” and as a result, such an individual can be of little assistance in processing US visa applications.

Tags: AILA, G-28, G28, Immigration attorney, Immigration Lawyer, New G-28, New G28, Old G-28, Old G28, US Visa, US Visa Thailand, USCIS
Posted in Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Legal Opinion, Miscellaneous, Thailand Business, US Consulate Chiang Mai, us embassy bangkok, US Embassy Thailand, US Tourist Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

For many people living in Thailand, the prospect of owning property would be considered highly beneficial. Unfortunately, Thai law places great restrictions upon foreign nationals who wish to purchase property. That being said, no such restrictions are placed upon those who wish to lease Thai real estate.

In Thailand, the Civil and Commercial Code provides for leases of varying lengths of time. A lease’s enforceability is based, in part, upon the length of the lease. For example, a common misconception among many foreigners is based upon the idea that a lease can be unrecorded and enforceable for a period exceeding 3 years. However, this is not the case as parties to a Thai lease exceeding 3 years must record the instrument upon the Chanote (Title Deed) in order for a subsequent court to enforce the provisions agreed therein.

In Thailand, the longest lease that one can practically obtain has a duration of 30 years. A novel approach to acquiring what amounts to a longer lease would utilize multiple 30 year leases in which the date of lease commencement coincides with the end of the prior lease. For example, one could acquire a 30 year Thai lease that begins in 2010. Then acquire another 30 year lease to the same property, only this lease does not come into effect until the day after the prior 30 year lease is expired in 2040. As a result of these efforts, the leasee would effectively have a lease that runs for sixty years, but in reality, the applicable Thai laws have been adhered to because the 60 year lease period is the product of two legal leases each for no more than 30 years.

Although this type of legal configuration may be possible in theory, these types of staggered lease agreements, like any legal construct in Thailand, may not be practically feasible as the officers at the Thai land department may not accept the documentation and thereby could preclude this legal instrument from being recorded on the Chanote. Each Thai land office interprets the rules and laws differently. Therefore, retaining experienced counsel in the form of a Thai attorney to assist in recording leases and other property instruments may be beneficial to a foreigner in Thailand as the attorney could assist in facilitating the recordation of a rarely seen legal instrument.

Another issue that may be of interest to foreigners is the use of a Thai usufruct. A usufruct allows a foreigner to retain lifetime rights of use in the underlying Thailand property. Therefore, this type of instrument can act as a sort of “lifetime Thai lease,” as the beneficiary of the usufruct could use the Thai property until his or her death. It should also be noted that different rules apply to those looking to purchase a Thai condo because it may be possible for a Foreign national to purchase a Thai Condo in freehold.

Tags: Thai Chanote, Thai Lease, Thai Property, Thai Property Law, Thai Real Estate, Thai Real Estate Law, Thailand Chanote, Thailand Lease, Thailand Lease Agreement, Thailand Property, Thailand Property Law, Thailand Real Estate, Thailand Real Estate Law
Posted in General Legal Information, Legal Opinion, Thailand Condo, Thailand Property, Thailand Real Estate | No Comments »