Integrity Legal

The past 3 years have been some of the most eventful in the history of the Thai immigration apparatus. For example, the “Good Guys In Bad Guys Out” initiative and the concurrent enforcement program known as “Operation X-Ray Outlaw Foreigner” have resulted in a large number of arrests, deportations, and the blacklisting of a number of foreigners in the Kingdom. Meanwhile, there have been a number of initiatives involving those in Non-immigrant status which have been noteworthy.

Changes to the Enforcement Rules for Thai Retirement Visas

A particularly hot topic since the beginning of 2019 has been how the rules regarding retirement visa income and financial evidence will be adjudicated moving forward. Whereas in the past it was possible for American, British, and Australian retirees in Thailand to obtain a certified letter or income affidavit regarding their abilities to financially support themselves since the conclusion of 2019 this type of evidence is no longer available as Embassies and Consulates of the aforementioned countries will no longer issue such documentation. Thereafter, in the first quarter of 2019 many announcements were made with respect to how evidence of financing would be adjudicated. Those seeking a retirement visa extension must now show that they have maintained a balance in their personal account of not less than 800,000 THB for 60 days prior to their application for a retirement visa extension and after the extension is issued it must be shown that the 800,000 THB remained on balance for an additional 90 days thereafter. Throughout the rest of the year 400,000 THB must be maintained. The Head of Thai Immigration Surachate “Big Joke” Hakparn has noted that for the year 2019 Immigration officers are permitted to be somewhat lenient, but after 2019 these rules are to be enforced strictly.

Thai Marriage Visa Applicants Increasingly Scrutinized for Sham Marriages

Meanwhile, those who are seeking Thai marriage visas should be careful to avoid entering into a marriage solely for the purpose of obtaining a Thai Immigration benefit as Immigration police are increasingly wary of sham marriages in the wake of a number of such unions being discovered. Furthermore, as is the case with retirement visas, financial requirements connected to Thai marriage visa applications are subject to new enforcement protocols in the aftermath of the discontinuation of the aforementioned income affidavit scheme.

The Business Visa Extensions Incur Increased Scrutiny

It is not only those seeking marriage or retirement visas who are feeling the watchful eye of Thai Immigration peering over their shoulder. An increasing number of small business owners are being subjected to inspection and document scrutiny in connection with their applications for business visa extension. In fact, according to this blogger’s experience virtually all first time visa extension applicants in Bangkok are being subjected to inspection. Whether this trend will continue in the future remains to be seen.

Education Visas have Become Far Less Easy to Obtain

Finally, the Education visa: this visa was once a rather straightforward extension to obtain if one could prove enrollment in some sort of government sanctioned education program, but in recent years such visas have been more difficult to obtain and those utilizing such documentation have been the subject of increased scrutiny as well as periodic Immigration raids. It appears Immigration officers believe certain schools were being used merely as a pretext for procuring immigration benefits and conducted a number of raids on such facilities culminating in a large amount of arrests and deportation.

In conclusion, it should also be noted that Immigration authorities have arrested a number of so-called “visa agents” for filing false documentation in connection with visa applications. All of the above evidence leads to one logical conclusion: the Immigration system is Thailand is becoming more sophisticated and focused on enforcement measures. The era of a lax immigration regime allowing a significant number of foreigners to remain in the Kingdom for no valid reason is drawing to a close.

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