Integrity Legal

In recent weeks there appears to be an upward trend in the Thai property market. Looking at the situation strictly from the standpoint of a foreign attorney, more people seem to be looking into purchasing Thai property. That being said, what type of Thai property is seemingly in demand?

There seems to be renewed interest amongst foreign nationals in obtaining a Thai Condo. These Condos often have the benefit of conferring foreign freehold ownership to the foreign national in the Thai Title Deed. Further, by obtaining a foreign freehold Title deed, the foreigner would likely be able to obtain a Yellow Tabien Baan, which is a house registration specifically designated to non-Thai nationals. Although somewhat difficult to obtain, there are many benefits associated with a Tabien Baan. Another benefit to the owner of a Thai condo: easier obtainment of a Thai O visa.

Aside from the legal benefits of purchasing Thai real estate, it would also appear as though the property market has stabilized and demand is on the rise. Many people take the view that the Thai property market has “bottomed out,” although we cannot make speculations as to the accuracy of this claim, the plausible argument could be made that the seemingly continuous descent of the property market is at an end.

What does this mean for the potential buyer? For starters, it means that one should carefully weigh all options before making a decision to buy property. Further, a prospective buyer should conduct due diligence in order to ensure that the property in question is valuable and the seller does in fact have the right to the property he wishes to sell.

Often when buying Thai Condos, it is wise to wait until a building is actually built before putting any money down as a deposit. Unfortunately, Thailand is rife with stories of unsuspecting buyers who put up a down payment on a property development only to see the developer go bankrupt before the building was completed thereby leaving the prospective buyer with a deposit down on an unconstructed untitled piece of property. in order to avoid situations such as this it may be wise to retain a property lawyer.

Finally, with the Thai property market apparently on the upswing, transaction taxes and fees may be on the rise as well. Since the Thai government imposes land transfer fees based upon the price of the Real Estate rising prices may create an environment of rising fees.

(Nothing Contained herein should be construed as legal advice. No attorney client relationship, express or implied, is created by reading this piece.)

On this blog and in other places on our site we have discussed the US-Thai Amity Treaty and how it can be beneficial for those doing business in the Kingdom of Thailand. However, most of these writings have made the assumption that one would be setting up a Thai Limited Company as an entity certified by the Foreign business office as protected under the Treaty.

One aspect Thai corporate law that is of some interest to American operators in Thailand is the notion of establishing a sole proprietorship and obtaining Amity Treaty certification. In theory, this is possible, although in practice it can be somewhat difficult to arrange and has some drawbacks from a legal viewpoint.

One positive aspect of Treaty Certification on a sole proprietorship is the fact that income garnered by the sole proprietor can be taxed as if it were personal income. Therefore, issues of so-called “double taxation” do not come into play when dealing with some sole proprietorships. Also, with regard to a sole proprietorship the paperwork necessary to establish the entity is far less substantial. In the case of proper Thai limited companies, it may be necessary to promulgate meeting minutes of shareholders and directors. Sole proprietorships generally do not require meeting minutes because the sole proprietor is the only person with authority to make decisions on behalf of the company.

One of the major warnings that any legal professional will give to one seeking to establish a sole proprietorship is to think about the ramifications of a lack of limited liability. Sole proprietorships do not have limited liability and therefore, should an adversely affected party wish to sue the sole proprietorship, then the sole proprietor’s personal assets could be placed in jeopardy. Thai limited companies do not have unlimited liability which means that should one sue the company, then the company would only be liable up to the amount of their registered capital.

Finally, from a practical standpoint there are some professions for which a foreigner cannot obtain a work permit to perform. Therefore, it may be possible to set up a sole proprietorship to engage in the entertainment business, but not be able to get a Thai work permit in order to perform the activities inherent to the business. In some ways setting up a limited company sidesteps this problem because the Thai company is viewed as a separate legal entity in the eyes of the law and therefore, the activities that the company engages in may not be the same as the foreigner’s actual job within the organization. Therefore, the Ministry of Labour might authorize the work permit for one working for a Thai Limited Company with Amity Treaty Certification.

(Nothing contained herein should be acted upon as legal advice. No attorney-client relationship is created between author and reader.)

As my Thai has begun to improve (slightly) I am beginning to see more and more layers of the tapestry that is Thai society. That being said, I did not expect to see something on the internet that would stop me in my tracks as much as the website www.usvisa4thai.com. This site is dedicated to assisting native Thai speakers with the United States Immigration process. It is setup as something of a forum and luckily for me the handy dandy Google translator has helped me navigate the site.

The author thinks this is a great idea because one of the major difficulties in dealing with US Immigration law and US visa obtainment in Thailand is the fact that often explaining the situation can be difficult. Some concepts in US Immigration law are difficult to grasp for a seasoned immigration attorney, let alone someone who does not speak English as their first language. In Thailand, explaining a concept that is as complicated as re-establishing domicile can be a very difficult task. This is where Thai paralegal staff comes in, but for those who opt not to retain an attorney I must imagine that understanding many US Immigration concepts is very difficult. Hopefully, USVISA4THAI will be used as a medium to clarify confusing issues.

Before learning of USVISA4THAI, we on this website made the decision to use our web presence in order to provide useful information. In that vein, we put up our own version of “us visa 4 thai,” by providing our United States visa information in both the Thai and English languages. Although certainly not as interactive as usvisa4thai, hopefully this information will be helpful to those who wish to immigrate to the United States of America.

An issue related to USVISA4Thai deals with issues involving the K1 visa interview at the US Embassy in Bangkok.  Many men in Thailand pose the question: “What if my Thai fiancee’s English is not that good?” Many people are worried about their Thai loved one’s ability with the spoken Thai language and whether that will adversely affect a K1 fiance visa application. In many cases a fiance visa application will not be detrimentally effected by a fiancee’s less than perfect grasp of the Thai language. A common misconception is based upon the idea that there is an English language requirement for a K1 visa. There is not an English language requirement per se. However, a bona fide relationship is a requirement of a K1 vsa applicant. Having an ability to speak with a loved one is strongly indicative of a bona fide relationship. Conversely, a lack of shared language could have a  detrimental impact upon a couple’s ability to obtain a K1 visa. Please note, that although we are talking about shared language, that language does not need to be English. It can be any language that the couple shares. Therefore if an American only speaks English and the Thai only speaks Thai, there may be problems showing a bona fide relationship because a lack of communication is a primary indicator of lack of bona fides in a relationship.

(This is not legal advice. No attorney-client relationship should be construed to exist between author and reader.)

Although it is not an issue which most people wish to think about, the fact remains that each year many people are denied United States Immigration benefits. From Thailand, it is not entirely uncommon to see Thai nationals with improper documentation being turned away at the US port of entry. In many cases, those trying to enter the USA are given the opportunity to exercise the option to voluntarily depart the United States.

The legal act of Voluntary departure allows an alien, who could otherwise be deported or removed, to leave the United States of America at their own cost within a specified period of time and thereby avert an order of deportation or removal.  That being said, in certain cases voluntary departure is not a viable legal option.

Voluntarily departing the United States of America is more desirable from an Immigration standpoint when compared to being forced to leave the USA pursuant to an order of deportation.  Should an immigrant (or non-immigrant) be subjected to an order of removal (deportation) he or she might be precluded from coming back the United States of America for as long as a decade and could be subject to criminal and civil sanctions if he or she reenters without first obtaining appropriate legal authorization.  Should the immigrant depart the United States voluntarily within the time frame ordered by the judge or offered by the Immigration officer, then he or she will not be estopped from legally reentry to the United states at some point in the future. It should be noted that a person who has a removal order on his or her record is not allowed to apply for removal cancellation, adjustment of status and/or any other United States immigration benefits for certain statutorily prescribed periods.

Cases involving voluntary departure often arise when a Thai is using an improper visa to try to enter the US. This is especially common for those who try to use a US tourist visa, but have obvious immigrant intent. For instance, Thai women who are going to the the United States on a US tourist visa to visit their fiancee could be turned away because the Immigration officer feels they should obtain a K1 visa for such a purpose.  Technically, Customs and Border Patrol (CBP) have the authority to put the prospective entrant through expedited deportation, but in some cases they will simply allow the visa holder to depart of their own volition.

In order to forestall the need for voluntary departure, to avoid the possibility of expedited deportation, and simply to be ethical, it is never wise to dishonestly apply for a US tourist visa, student visa, US business visa, or Exchange visitor visa when the applicant intends to travel to the USA for the purposes of marriage and adjustment of status.

(This is not to be used as competent advice on the law. No attorney-client relationship should be inferred from reading this piece.)

As the movement towards the eventual repeal of the Defense of Marriage Act (DOMA) continues, it appears that proponents of repeal may score a minor victory by enlisting Senator Russ Feingold to introduce repeal legislation.

The Washington Blade reports,

“[Senator] Feingold is an attractive ally to introduce a DOMA repeal bill because he chairs the Senate Judiciary Committee’s Constitution Subcommittee, which hold jurisdiction over DOMA, she said.”

Concurrently, it would appear that Jerry Nadler, Democratic Member of the House of Representatives, is preparing to introduce a bill to repeal DOMA. Under the provisions of the DOMA repeal currently being considered, states would not be forced to recognize same-sex marriages conducted in other states, but the Federal government would be required to recognize these marriages and provide federal benefits.

Allison Herwitt, legislative director of the Human Rights Campaign, was quoted as saying, “You could, if you lived in Oklahoma, travel to Massachusetts, or one of the other [five] states get married and [go] back to Oklahoma,” she said. “The state would not have to recognize your marriage, but federal benefits would flow.”

Jerry Nadler is notable for having introduced federal legislation known as the Uniting American Families Act (UAFA). This proposed legislation would have granted US Immigration benefits to the same-sex “permanent partners,” of American Citizens or Lawful Permanent Residents (holders of US Green Card).

This proposed DOMA repeal would likely have the same effect as the provisions under the UAFA because it would theoretically accord the same sex spouse of an American Citizen the same privileges granted to different sex couples unde ramerican Immigration law. For example, if a bi-national same sex couple was validly married in Massachusetts and then the American Citizen filed an I-130 petition on behalf of his or her spouse, then the federal government would be compelled to recognize the marriage for the purposes of granting the Immigration benefit.

Further, one could argue that an American citizen could file a K1 visa application based upon the couple’s intent to travel to a jurisdiction in the United States which recognizes same-sex marriage and execute a valid marriage. It is thought that should this form of the DOMA repeal pass, then a fiance visa application filed for the above outlined purpose would be approved. That being said, as the bill has not been legalized and the contents are subject to change, it any analysis of USA visa implication is simply an exercise in speculation at this time.

(This is information provided for educational purposes. An attorney-client relationship should not be construed to exist between author and reader.)

The United States Citizenship and Immigration Service is preparing the unveiling of a newly designed webpage to replace the one currently found at www.USCIS.gov. United States President Barack Obama was quoted as saying

“In the next 90 days, USCIS will launch a vastly improved Web site that will, for the first time ever, allow applicants to get updates on their status of their applications via e-mail and text message and online.”

Apparently the new site will allow for case status updates to be sent to a person’s cell phone which would truly provide up-to-the-minute information. According to the American Immigration Lawyer’s Association website this revamp of the USCIS website is the result of culling information from in-depth focus groups tasked with reviewing the current USCIS website. Those participating in the focus groups spanned the spectrum from those with national and local cases pending to those visiting the United States.

At present, the United States Citizenship and Immigration Service website provides many features for those with cases pending and for those seeking information regarding Immigration to the United States. USCIS also offers e-filing of Immigration petitions for certain categories. At the current time, USCIS does not allow e-filing for most US Family Visa cases. Therefore, one cannot file for a K-1 visa, K-3 Visa, or CR-1 visa through the internet. The reason for the restriction of family visa submissions is likely due to the fact that many United States Family based petitions require proof of an existing bona fide relationship. Therefore, the documentation proving the bona fides of a relationship can be quite extensive and cannot easily be filed online.

It should always be borne in mind that USCIS is generally only phase one of the K1 visa process or the K3 visa process from Thailand. After USCIS adjudicates a petition they will send it on to the National Visa Center (NVC), NVC will determine which diplomatic post has jurisdiction over adjudicating the application (The US Embassy Thailand has jurisdiction over cases involving Thai nationals). The diplomatic post will conduct an visa interview and decide whether to approve the petition.

Of all the phases of the US Immigration process, generally the USCIS adjudication phase takes the longest because there is often a backlog of pending cases built up at the Service Center or lock box. Therefore, any improvements that USCIS can make in order to facilitate faster visa processing is always welcome.

(This is not legal advice. No Client-Lawyer relationship is formed from reading this posting.)

For those who are present in Thailand on a long term visa it may eventually become necessary to obtain a Thai visa extension. A Thai visa extension allows the bearer to remain in the Kingdom of Thailand for a specified period (usually 1 year). That being said, if the holder of an extended Thai visa leaves the Kingdom, then the visa will automatically expire upon departure. The Thailand visa extension will not extinguish if the visa holder obtains a reentry permit. A Thai reentry permit is similar to a reentry permit for a USA visa in that it puts the Thai government on notice that the visa holder wishes to return to Thailand and does not intend to abandon his or her Thai visa.

Only an office of the Royal Thai Immigration Police can grant a reentry permit. Generally, there are two reentry permit classifications: the single exit permit, and the multiple exit permit. The multiple reentry permit is more costly than its single entry counterpart, but it may be wise to obtain a multiple exit reentry permit even if one is not immediately intending to leave the Kingdom of Thailand. I would argue that paying an extra fee for the multiple exit permit would be prudent in order to forestall losing one’s visa status should some sort of unforeseen eventuality arise.

The Reentry permit should not be mistaken for the Thailand multiple entry visa. A multiple entry visa usually allows the bearer to remain in Thailand for 90 days at a time over the course of the visa’s validity.  One major difference between the Thai visa extension and the Thai multiple entry visa is the fact that a person utilizing a multiple entry visa breaks their status every time the depart the country (even for a short period of time in the case of a “visa run”).  The person remaining in Thailand on an extension retains the benefit of enjoying unbroken visa status.

Even with a reentry permit, the holder of an extended Thai visa is still required to report their address every 90 days at the Thai Immigration office that has jurisdiction over their place of abode. Technically, passing through the Thailand Immigration checkpoint with a valid visa extension and reentry permit is a sufficient substitute for the 90 day reporting requirement because Thai Immigration simply wants to make sure that the foreign national checks in with their agency at some point during any 90 day period.

A Thai reentry permit should not be confused with a Thai work permit which is necessary in order for a foreigner to obtain lawful employment in Thailand. One should be aware that just because one has a valid reentry permit, their work permit may expire on a different date from their visa and take measures to ensure that all of these documents are kept up to date.

(Note: This information is for educational purposes and is subject to change. No fiduciary relationship should be construed to exist between the author and any reader of this posting.)

This blog is dedicated to all aspects of life in Thailand (although it may seem as though we primarily write about Thai legal issues). Bill Reyland is an author and student of religion in Thailand. The following is a brief essay about just one of his many experiences in the Kingdom:

Sticky rice, glutinous heat, spicy food and hot women, this is Thailand to the many who journey here in search of eastern sensuality. There is however one more very distinct and crucial element to this unique society, which makes this very Buddhist Kingdom truly extraordinary.

I first came to Thailand in 2003. I didn’t come here for any of the aforementioned possibilities. I came here to be monk. I did see the women on the way in though and yes, it gave me pause, sort of like being trapped between two magnets, a battle between the fluctuating pulse of morality and the more immediate electricity of pure sex. It was sobering.

Once in the temple, I quickly forgot all that and tried instead to get a more immediate grip on what century I was living in and what exactly was the proper way to sit, talk, walk, eat and go to the bathroom without offending anyone. In time, most of the cultural mysteries were either solved or the case closed for the benefit of all, but I did manage to find my place in a rural Isan Buddhist temple very far from my home and any conceivable experience I could have ever imagined.

What I experienced, was a culture that is firmly rooted in both tradition and religious ritual, but somehow manages in the midst of what some might even say is a primitive view of the world, to have such complete tolerance of other religions. Unlike any other country, including the conflict in the southern provinces, which is primarily politically and ethnically motivated, Thailand is one of the few places with true religious tolerance.

Categorically, most of us fall into three distinct areas of religious tolerance. The ex-clusivist has no patience for you or your heathen ways. YOU CAN BE SAVED, but only through their faith. The inclusivist recognizes your faith as a possible vehicle for everlasting salvation, but at the end of the day still thinks your ignorant, still he’s not going to burn a cross in your yard, or tell your kids their going to hell. The best of these three and this is Thailand, is the pluralist view. In this view, everybody can worship whomever or whatever they choose. You can dress how ever you like, bow to whatever you like and even eat non Thai food and it’s perfectly alright with them. Ask the lady-boy the next time you get your haircut.

At my University, a Catholic University, the head of our religious department is a Muslim, the dean of students is a Thai Christian and at least one of my professors is openly Atheist. In class, I have a Burmese nun on my right, a Buddhist nun on my left and all around me are Thai Buddhists, Taiwanese Christians and people of all denominations and nationalities. On the campus during any Buddhist holiday, there are just as many garlands around Mother Mary as Siddhartha. I once caught Sister Emily, a classmate of mine, bowing down to my Buddhist professor. This can only happen here.

When people here ask me why I decided to come to Thailand to study Religion, I just smile and point in every direction, because religion is everywhere here and to the Thais it’s all the same, same, same. Isn’t that beautiful?

Bill Reyland

WC 6007

[email protected]

The Author

Bill Reyland currently attends Assumption University’s School of Religious Philosophy

and is the author of Sons of Isan a memoir chronicling his insanely fantastic year in a rural Thai temple, as a laymen and temporarily ordained monk.

A book site with excerpts and other short stories please see: Bill Reyland

The Tabien Baan, or document proving House Registration, is distributed by a village, city, or other  municipal authority. The Tabien Baan (sometimes spelled Tambien Baan) reflects the residents who live at a specific property (this document is not used as proof of Real Estate ownership, for that one must have a Thai Chanote or Title Deed). The Tabien Baan (House Registration) is issued to Thai Citizens and is used as a permanent address for service of process and other official mailings.

A Tabien Baan is an extremely important document for Thai nationals because it acts as proof of a Thai person’s residence. Therefore, it is used to determine a Thai person’s voting district and in the case of Thai men of military age, the Tabien Baan is used to ascertain what district the Thai man will be placed in when drawing for the military draft. This can be critical because if one district reaches a certain level of volunteers then it is not necessary to further draft any inhabitants of that district. As a result, a Thai man’s House Registration (Tabien Baan) can have a massive impact upon their life and career depending upon the district in which they live.

Can a Foreigner (Farang) Get a Thai Tabien Baan?

For a foreigner (farang in Thai) it may be possible to be registered on a Tabien Baan in Thailand if:

1. the foreigner has acquired a Thai lease that has been legally registered at the Thai land Department
2. the foreigner has used a Thai company to buy land in Thailand (This is becoming less common as the Thai Land Department officials are more heavily scrutinizing cases involving a Thai Company to own land.)
3. the foreigner has bought a Thai Condo as a freehold Title owner pursuant to the Thai Condominium Act

A Tabien Baan issued to a foreigner residing in Thailand is generally referred to as a “Yellow Tabien Baan” because the booklet is the color yellow. Yellow Tabien Baan’s are becoming increasingly difficult to obtain because the local Amphur office (or Khet office in the Bangkok Metropolis) is reluctant to issue Tabien Baan’s to foreign nationals.

There are some benefits to having a Tabien Baan in Thailand. Most notable is the fact that a foreigner can obtain a building permit based upon a Tabien Baan and as a result could more easily obtain a superficies for structures built upon a piece of Thai property. Thai banks are also more cooperative about granting Thai mortgages to foreigners who are noted on a Tabien Baan.

Those with Permanent Residence in Thailand can be placed upon a blue Tabien Baan in the same way as a Thai National. However, this does not denote Citizenship nor voting rights, it is simply an administrative change based upon the foreigner’s residential status.

The Tabien Baan may become an important aspect of the USA visa process as well. For those Thai nationals applying for a K1 visa or a K3 visa, the Tabien Baan may be requested in order to prove the Thai’s residence in Thailand.

(Please be aware that this information is imparted for educational purposes only and does not constitute legal advice. No Lawyer/Client fiduciary relationship is created by reading this posting.)

The Nation and Thai Visa are reporting some interesting developments with regard to Thailand’s Legal environment. First off, the all-but-abandoned Thailand Elite Card program is apparently still alive, but on life support. To quote the Nation via ThaiVisa:

“In November 2003, Mr Thaksin proudly presented 80 gold Thailand Elite cards to international VIPs and eminent people, including Japanese trade chiefs and US banking and financial supremos. The cards promised fast-tracked immigration, discounts at luxury resorts and golf courses, and many other perks. The optimistic estimates to attract the world’s wealthy were mind-boggling; a million subscribers to generate a trillion baht in revenue. But early signs were not encouraging. After four months, a meagre 400 memberships had been sold, barely a dent in the 100,000 target for the first year of operation. Panicky officials talked of targeting China’s nouveau riche, and predicted they would attract 30,000 Chinese within 12 months. But six years later, the total number of members is a risible 2,570, and the Thailand Privilege Card Company (TPC), set up by the Tourism Authority of Thailand (TAT), to run the scheme has a crippling net loss of 1.4 billion baht.”

As stated previously on this blog, the current government of Thailand has opted not to continue the Thai Immigration benefits accorded to Elite Card holders. As a result, the central pillar of the scheme has been toppled resulting in nearly no demand for the card. It will be interesting to see what the ultimate fate of the Elite Card will be, but at this time it appears that card holders are attempting to get as many benefits out of the card as possible in order to offset the cost of acquiring it.

In further reports from the Nation and ThaiVisa, it would appear that the Thai government is looking to crack down on Karaoke bars in Thailand, “The [Thai] Cabinet has approved new regulations that prohibit karaoke parlours from providing drinking or singing partners to customers, with their business licences being revoked if they do.” It will be interesting to see if these provisions will be stringently enforced and, if so, what effect this legislation will have upon the already crippled Thai tourism industry.

The government also is proposing regulations to limit the amount of time that Thai children can utilize computer gaming facilities. This seems like an attempt to reign in children who play computer games virtually non-stop. Finally, a proposed film rating system. The system would impose rating categories upon Thai films. The categories would span the spectrum from films which would be “encouraged” to those which would be “banned.”

(This post is merely opinion, no attorney-client relationship is created from reading this piece.)