Integrity Legal

It recently came to this blogger attention that anyone holding a non-immigrant visa (NIV) in Thailand may soon be required to obtain insurance coverage of 100,000 USD against COVID-19. The following was recently reported in the Bangkok Post:

All foreigners living in Thailand as non-immigrants will in the future have to prove they have insurance coverage of at least US$100,000 (three million baht) against Covid-19. The proposal was approved in principle by the cabinet yesterday and Traisuree Taisaranakul, deputy spokeswoman for the government, said it would apply to all holders of the one-year, non-immigrant visa (NIV). NIVs are awarded in four categories: marriage, work, business and retirement…Ms Traisuree said that since the cabinet had approved the new rule in principle the next step would be for the Immigration Bureau to publish full details and make it official. The Foreign Affairs Ministry will also work to improve the NIV application procedure while the Public Health Ministry and the Interior Ministry will be in charge of modifying related regulations and telling the public about them…

It is noteworthy that Thai business visas, marriage visas, and visas associated with work permits in Thailand were specifically mentioned. Meanwhile, The Nation reports the recent rule changes may provide some relief for retirees in Thailand:

The new rules offer a lifeline for expats over the age of 70 who cannot purchase insurance in Thailand and thus face having their applications for extension of stay rejected…If an insurer refuses coverage due to health risks, visa applicants must submit additional documents including the letter of refusal, plus securities, deposits and other health insurance accounting for at least 3 million baht.

Since the inception of the Emergency Decree in response to the COVID-19 situation in March 2020 there have been a number of changes to rules regarding entry to the Kingdom of Thailand. However, such changes had not yet impacted the immigration rules associated with remaining in Thailand on a Thai visa extension. Clearly, the rules are currently undergoing revision. However, it is worth noting that the specific regulations have yet to be promulgated as the cabinet appears to have only approved these measures in principle as of the time of this writing. Therefore, those to whom this announcement may pertain are well advised to wait until the specific regulations are promulgated before making irrevocable arrangements regarding their visa status. The aforementioned policy change does not appear to pertain to those holding permanent residence in the Kingdom of Thailand. We will keep this blog updated as the situation evolves.

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Posted in Thailand Visa, Thailand Work Permit | No Comments »

It recently came to this blogger’s attention that the Thai government has halted all incoming flights from overseas to Thailand. To quote directly from a recent article in Thai PBS World:

“[T]he prime minister wants to see stringent measures imposed on overseas arrivals for the period between April 2-15.  The Foreign Ministry has been tasked to find out ways to implement the directive from the prime minister.”

Further, in another article from The Nation, the following was noted:

“Taweesin Visanuyothin, spokesman for the Centre for Covid-19 Situation Administration, said Prime Minister Prayut Chan-ocha has told the Foreign Ministry to issue a new directive prohibiting new arrivals.”For the immediately foreseeable future, it appears that it will not be possible for anyone to enter Thailand by air.

Clearly, the Thai government has deemed the COVID-19 issues of a seriousness that it warrants across the board restriction of incoming flights. That stated, there appears to be a end date for these restrictions on the horizon. In a further article from the Bangkok Post:

“All passenger flights have been banned from landing in the country to curb the outbreak of the new coronavirus, the aviation agency said on Friday. The ban came into effect on Saturday morning and will run until the end of Monday, the Civil Aviation Authority of Thailand said in an order published late on Friday.”

Whether the government decides to extend this restriction on in-bound flights due to Coronavirus concerns remains to be seen. However, it seems logical to infer that if the restriction is lifted and in-bound flights are allowed to come to Thailand, the previously enacted restrictions on foreigners traveling to Thailand is likely to remain in effect over the medium term. To quote directly from the aforementioned Civil Aviation authority of Thailand:

With reference to the declaration of state of emergency in Thailand on 25 March 2020, the Civil Aviation Authority of Thailand hereby issues travel advisory to passengers planning to enter Thailand as follows:

1. Passengers or persons shall be permitted to enter, Transit or Transfer Thailand through international airport only if they fall under one of the following categories:

(a) Being in the situation or a person exempted by the Prime Minister or Permanent Secretary of Ministry of Foreign Affairs, under certain conditions and prescribed time period

(b) Carriers of necessary cargoes, but required prompt exit after the mission is completed

(c) Pilot-in-command, and crew members of the flight entering Thailand with clear schedule to depart

(d) Persons on diplomatic or consular mission, or under International Organizations, representatives of the government performing their duties in Thailand or other persons or international agencies that the Ministry of Foreign Affairs gives permission, and their families. In this case, certificate of entry to the Kingdom issued by Ministry of Foreign Affairs is required.

(e) Non-Thai nationals with work permit or who have been granted permission from Thai government agencies to work in Thailand (Smart Visa only)

(f) Thai nationals with certificate of entry to the Kingdom issued by Royal Thai Embassy or Royal Thai Consulate in their country of residence certifying that they are Thais returning to Thailand, and a Fit to Fly Health Certificate.
2. The persons in (d) (e) and (f) must have Fit to Fly Health Certificate issued no more than 72 hours before traveling.
3. Passengers or persons permitted to enter Thailand shall strictly comply with disease prevention measures imposed by the government.
4. The immigration officers have the power to deny the entry of Non-Thai nationals who have been tested positive for COVID- 19, or under the suspicion of being infected or who refuse to undergo such test.
5. All previous Notifications of CAAT become ineffective.

With limited exception, the vast majority of foreigners are not going to be permitted to enter Thailand in the upcoming weeks. The vast majority of those who are permitted to enter the Kingdom are likely to be Thai Work Permit holders. Bearing that in mind, it is notable that foreign nationals in Thailand maintaining work permit as well as Thai business visa status are likely to find unforeseen issues in renewing their work permits in coming months. This will likely be due to the unintended consequences of all of the lay-offs, furloughs, terminations, and voluntary reductions of work hours for Thai employees working in the Thai business sector.

In order to maintain a Thai work permit and business visa it is required that a Thai company maintain a 4-to-1 ratio of Thai employees to foreign employees. For those foreigners using a Thai marriage visa as a platform for maintaining lawful status in Thailand as well as employment authorization the ratio of Thai employees to foreign employees is 2:1. With this in mind, the small business sector of Thailand is likely to see a significant contraction of its workforce in the second and third quarter of 2020. As Thai employees are furloughed, terminated, or resign (sometimes in order to be eligible for newly created Thai unemployment benefits) it is likely that this will have a direct impact upon the Thai/Foreign employee ratio. If the ratio of Thai to Foreign employees is not maintained within a Thai business organization, then an application for a Thai business visa extension or Thai work permit renewal may prove impossible. Therefore, those businesses, small and large, employing foreigners in Thailand should keep a sharp eye on their labor force if they wish to maintain their foreign employees’ lawful status. This can be an especially acute issue for self-employed foreign nationals in Thailand who are using their Thai limited company as a platform to maintain their status. Those in the precarious position are strongly encouraged to seek the advice and counsel of legal professionals experiences in Thai corporate compliance, accounting, staffing, immigration, and labor issues

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It now appears that all visa services provided to foreign nationals at American Embassies and Consulates abroad have been suspended. In a recent article from Reuters, the following was reported:

The United States is suspending all routine visa services as of Wednesday in most countries worldwide due to the coronavirus outbreak, a spokeswoman for the State Department said, an unprecedented move that will potentially impact hundreds of thousands of people…The State Department spokeswoman said U.S. missions abroad will continue to provide emergency visa services “as resources allow,” and that the services to U.S. citizens will remain available.

Concurrently, the following message was issued by the US Embassy in Thailand:

Information for Immigrant Visa applicants regarding novel coronavirus: As of March 19, 2020, the United States Embassy and Consulate in Thailand are cancelling Immigrant Visa appointments until further notice.  We will resume routine Immigrant Visa services as soon as possible but are unable to provide a specific date at this time.  Once we resume Immigrant Visa operations, we will contact you with a new appointment date. Applicants who had their Immigrant Visa interviews cancelled due to the cessation of operations will be given first priority for rescheduling.

Meanwhile, it now appears that all intending entrants to Thailand will be required to present a medical certificate prior to boarding a plane for Thailand. To quote directly from a recent article in the Bangkok Post:

The Civil Aviation Authority of Thailand now requires all air passengers, Thai and foreign, to show Covid-19-free health certificates and Covid-19 insurance before boarding their flights to Thailand…Airlines must require passengers to present health certificates issued no more than 72 hours before the  flight departs. The certificates must guarantee that the passengers are free of Covid-19, regardles where they board. Airlines must also require that passengers have insurance covering Covid-19 treatment in Thailand, up to at least US$100,000.

We will keep this blog updated as the situation evolves.

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We have been trying to keep up on the news regarding Coronavirus (also know as COVID-19) in #Thailand. In prior posts on this blog we noted that a number of countries have had their visa on arrival or 30 day stamp privileges suspended. It now appears that Americans coming to Thailand will need to deal with new protocols upon entry. To quote directly from a recent Health Alert from the US Embassy:

There is an ongoing outbreak of Coronavirus (COVID-19) first identified in Wuhan, China.  The global public health threat posed by COVID-19 is high, with more than 145,000 reported cases worldwide. The government of the Kingdom of Thailand has implemented enhanced screening and quarantine measures to reduce the spread of COVID-19.  On March 13, 2020, the Kingdom of Thailand’s Ministry of Public Health added the United States to its list of countries with ongoing local transmission. Travelers entering the Kingdom of Thailand who have been in the United States within the prior 14 days are subject to self-monitoring and reporting requirements.  There are no mandatory quarantine requirements in effect at this time for travelers arriving from the United States who do not display signs of infection.  Travelers should be prepared for travel restrictions to be put into effect with little or no advance notice.  Visit the website of Ministry of Public Health for additional information on these new measures.

We urge readers of this blog to click on the link above to read the complete announcement. Clearly, Thai officials are taking increasingly stringent precautions as the coronavirus pandemic continues to accelerate. It appears officials from the American Embassy will be assisting Americans where possible in the coming days. We will keep readers updated on this blog as the situation evolves.

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Posted in Thailand Visa, US Consulate Chiang Mai, US Embassy Thailand | No Comments »

It now appears that the previously discussed restrictions of visa exemption and visa on arrival privileges will be implemented. To quote a recent article from The Nation:

(Update) Beginning on Friday (March 13), visitors to Thailand from 18 countries will no longer be eligible for visas on arrival, Interior Minister Anupong Paochinda announced on Thursday…Anupong said visitors must apply for visas in their home countries and bring a certificate of sound health…Visitors from hard-hit locales Italy, South Korea and Hong Kong also become ineligible for visa-free entry, he said. The 18 countries are Bulgaria, Bhutan, Cyprus, Ethiopia, Fiji, Georgia, India, Kazakhstan, Malta, Mexico, Nauru, Papua New Guinea, Romania, Russia, Saudi Arabia, Uzbekistan, Vanuatu and “China (including Taiwan)”…Department of Consular Affairs’ director-general Chatree Atchananant said earlier today that there would be no official announcement of the measure until the Cabinet considers it on March 17, before Anupong came out later to confirm that the measure would be implemented tomorrow (March 13).

As evidenced from the back-and-forth noted above, the coronavirus (or COVID-19) pandemic is causing a great deal of confusion at a policy level as officials seem hard pressed to come to a coherent solution which will protect the uninfected while simultaneously having the least detrimental impact upon foreign tourism and the overall Thai economy.

As this situation continues we will update this blog accordingly.

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