Integrity Legal

Those following this blog are likely well aware that that the Coronavirus (or COVID-19) is having a dramatic impact upon logistical issues around the world. In Thailand, the Immigration Bureau has promulgated regulations to allow certain tourists stranded in Thailand to automatically extend Thai visa status. Meanwhile, while the American Embassy in Bangkok has been assiduous in providing up to date information regarding the ongoing ramifications of the crisis with respect to travel arrangements to the USA, a recent segment of a Health Alert from the Embassy drew this blogger’s attention. To quote directly from the Embassy’s website:

When booking a flight out of Thailand we urge you to do so at the earliest opportunity, ideally within the next several days.  If you have booked a flight after this time period, you should consider rebooking for an earlier date or make plans to stay in Thailand indefinitely. [Emphasis Added]

Although readers were likely aware that COVID-19 is causing consternation in booking travel arrangements, this particular warning definitely made this reader acutely cognizant of the possible long term ramifications of failing to make timely travel arrangements back to the USA. On the one hand the term “indefinitely” could be viewed simply as “unspecified period” or “foreseeable future,” but, on the other hand, it certainly has a somewhat ominous undertone. Therefore, those with an intention to return to the USA sooner rather than later are well advised to make all necessary arrangements as soon as possible in order to forestall a situation wherein one’s return to the USA is delayed for a substantially prolonged period of time. Concurrently, those wishing to remain in Thailand are strongly advised to fully ascertain the posture of their visa status as falling into overstay could result in the precarious predicament of being stuck in Thailand out of visa status while simultaneously being unable to return to the USA. This could lead to a situation wherein one finds themselves arrested and/or placed in the Thai Immigration Detention Center. Under such circumstances detention could prove to be a prolonged ordeal as  arranging an expedited deportation could prove difficult in light of the fact that international flights have been severely truncated and the latitude of travel for the deportee may be restricted as other countries may not wish to accept such an arrival especially if onward travel to the USA cannot be readily arranged.

Although we will be updating this blog as the situation evolves, the administration of this platform strongly urges readers to seriously ponder their situation as failure to make a decision in a timely manner could have serious consequences in the future.

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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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The Coronavirus, also referred to as COVID-19, has been a major issue in recent days and it appears to be having a substantial impact upon immigration policy in the United States of America and the Kingdom of Thailand. In a recent article from the Bangkok Post, it was noted that visa exemption stamps and visa on arrival privileges are being suspended for citizens of certain countries, quoting directly from a recent article:

Thailand on Wednesday cancelled the grant of visa on arrival for 18 countries and visa exemption for three others…The 18 places are: Bulgaria, Bhutan, China (including Taiwan), Cyprus, Ethiopia, Fiji, Georgia, India, Kazakhstan, Malta, Mexico, Nauru, Papua New Guinea, Romania, Russia, Saudi Arabia, Uzbekistan, and Vanuatu. Visa exemption will be cancelled for South Korea, Italy and Hong Kong…

It also appears that Thai Embassy and Consulate officials will begin requiring medical certificates by visa applicants, to quote directly from a recent article in Reuters:

Chatree Atchananant, director-general of the foreign ministry’s Consular Affairs Department, said visa applicants will need to present medical certificates and insurance as part of the screening at Thai embassies.

Meanwhile, some days ago officials in the USA had previously announced that US visa issuance and travel would be greatly curtailed by those either coming from China or other areas impacted by the virus. More recently, it has been announced that all travel from Europe to the United States will be suspended. To quote directly from a recent article from Bloomberg:

President Donald Trump said he will suspend all travel from Europe to the U.S. for the next 30 days, the most far-reaching measure yet in the administration’s efforts to combat the spread of coronavirus…The World Health Organization earlier Wednesday declared the outbreak is now a pandemic and urged governments to step up containment efforts as the number of worldwide cases topped 123,000 and deaths exceeded 4,500.

As the coronavirus outbreak continues the travel industries of various countries are reeling. In Thailand, the tourism industry has taken a major hit. Concurrently, the immigration systems of both the USA and Thailand are dealing with the issue in different ways. Although the laws governing Thai visa and American visa issuance have not substantively changed, Thai and American immigration and customs officials have broad plenary and discretionary authority to deal with public health and safety matters as they see fit. Exactly how this situation will continue to evolve remains to be seen, but we will continue posting information and analysis on the legal and immigration ramifications of this pandemic.

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