Integrity Legal

In prior postings on this blog the issues of Thai immigration law and immigration enforcement have been discussed. In a rather recent posting it was noted that Thai immigration is placing increased scrutiny upon those seeking marriage visas (officially referred to as Thai O visas) in the Kingdom. It appears that after discovery of a spate of sham marriages perpetuated in order to obtain Thai immigration benefits, Thai immigration authorities began to subject Thai marriage visa applications to more intense scrutiny. This matter apparently remains a top priority of immigration officials in Thailand as a recent article in the Bangkok Post points out that high ranking officials with the Royal Thai Immigration Police have issued new directives with respect to this issue:

Pol Lt Gen Nathathorn warned officers against dishonest acts as he listed the bureau’s action plans to screen foreigners in the country illegally…He ordered immigration officers to investigate if authorities colluded with foreigners to help enable sham marriages.

This news comes amidst the recent revelation that the so-called “border run” method of maintaining lawful immigration status in Thailand is coming to an end. In a recent posting on the Love Pattaya Thailand website it has been noted that as of August 13th 2016 the days of visa running to obtain a 15, 30, or even 60 day stamp is coming to an end. To quote directly from the aforementioned website:

The Immigration Bureau have already told the officials to refuse entry to foreigners on visa runs as a measure to stop the exploitation of tourist visas and visa exemptions to live or work here. Tourists wishing to extend their stay in Thailand must now need to exit the country and apply for a proper tourist visa

In the past, one could hope to obtain a new thirty day stamp at the airport in Thailand so long one was willing to fly out of the country and immediately get on a plane and fly back in. It appears that this is no longer feasible as so-called “fly-out/fly-in” visa runs will be discouraged following August 13th to the point where presumably such travelers will be turned away and not permitted to reenter the country without a duly issued visa from a Royal Thai Embassy or Consulate abroad.

Meanwhile, Japan just recently solidified her position as the number one tourist destination of people from Southeast Asia. Japan tops the list of most favored tourist destinations among Thai nationals. It appears that Thai tourism numbers in Japan has been on the upswing since the easing of visa rules for Thai nationals including 15 day visa free travel.

This news comes at the same time as news that Taiwan is allowing Thai tourists to travel visa free to that country starting August 1st. It will be interesting to see if this move has a positive impact upon the tourism sector in Taiwan.

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As of the time of this writing, the reader is likely aware of the recent developments in the Kingdom of Thailand. In recent weeks, the political tension that placed Thailand in a political stalemate came to an end with the military taking over the civilian functions of the government. Although these developments may be confusing to those operating within a Western paradigm, such events are rather un-extraordinary when viewed within the framework of relatively recent Thai history. That stated, these developments are unlikely to have a day-to-day affect upon tourists and expatriates in the Kingdom. However, as the situation may lead to regulatory changes in Thailand, one would be prudent to keep an eye upon administrative developments moving forward.

Another issue which is likely to have a very significant impact upon both temporary travelers and long term residents in Thailand is the evolving state of Thai immigration rules. At present, the previous immigration rules are still essentially in effect (although one should note that all Thai immigration authorities have discretion to withhold admission to foreign nationals whom they deem unsuitable and with the recent announcement of upcoming rule changes such discretion may be utilized more frequently in the immediate future). On August 12th of this year the administrative procedures regarding those using multiple 30 day visa exemption stamps will change. After that date it will  likely prove much more difficult for foreign nationals in Thailand to use more than one 30 day exemption stamp within a relatively short period of time as such travelers are viewed as using such stamps to abuse the relative laxity of the Thai Immigration system. Therefore, it appears likely that those wishing to enter on such stamps consecutively will be highly scrutinized at the border with anecdotal evidence suggesting that immigration officials are likely to ask for proof of hotel accommodations and sufficient funds to remain in the Kingdom. The issue of hotel accommodation could prove significant to those who have used such stamps consecutively in the past as many such individuals maintain apartments or condos in Thailand and where that is the case anecdotal evidence suggests that such foreign nationals will be asked to depart and re-enter on a proper Thai visa rather than utilize the 30 stamp.

As a result of these developments and the substantial likelihood that the current administration in Thailand will stringently enforce these  new directives it seems reasonable to assume that the best course of action for those wishing to remain in the Kingdom for a significant period of time is to obtain a long term visa in some non-immigrant category. Currently, the Thai business visa is available for business travelers, while those wishing to undertake educational endeavors in Thailand could obtain a Thai ED visa. Furthermore, those with family members in Thailand could obtain a Thai O visa, while those wishing to simply retire in the Kingdom can opt to seek a Thai retirement visa. A 60 day Thai tourist visa may also be a possibility, but some have noted that usage of multiple Thai tourist visas may prove less feasible moving forward.

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