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Even less-than-avid readers of news regarding Thai Immigration matters are probably aware that there have been a number of changes which have occurred within the ranks of the Immigration Bureau in Thailand (including the appointment of Surachate Hakparn also known as “Big Joke” as head of Immigration). Also, there have been a number of incidents which point to an overall shift in the paradigm of Immigration officers in the Kingdom of Thailand. For example, the ongoing raids occurring throughout Thailand under the Operation X-Ray Outlaw Foreigner program and the follow-on arrests, deportations, and blacklisting associated therewith.

Meanwhile, Immigration Checkpoints at various ports of entry throughout the country have seen multiple postings of signs explaining that there is to be “No Tipping” of Immigration personnel by those entering the Kingdom from abroad. The initiative appears to be especially aimed at those arriving in Thailand in need of a Visa on Arrival. This news came upon the heels of reports that individuals were recently arrested in connection with an immigration matter as it was found that the individuals in question were apparently attempting to use forged documents in order to obtain a Thai visa extension. The upshot of these arrests has resulted in increased scrutiny of those filing applications for Thai visa extension. As of the time of this writing, the heightened scrutiny of extension applications appears to be being applied across the board and not exclusively to cases which may be deemed suspicious. This is resulting in delays and difficulties for many people seeking to extend their non-immigrant visa status in the Kingdom.

It recently came to this blogger’s attention via the Bangkok Post that there are even further developments with respect to Thai Immigration. To quote directly from a recent Bangkok Post article:

The defence minister has ordered the IB to strictly enforce the law against foreign nationals overstaying their visas and those who remain in the country despite their visas having been revoked…Lt Gen Kongcheep added the foreign nationals identity database has to be integrated with the immigration screening facilities at border checkpoints and airports to help identify more quickly those who might pose as a threat to national security. Meanwhile, Pol Maj Gen Surachate announced IB will begin to deport visa overstayers — of which there are at least 40,000 — within a month.

These developments would represent substantial changes in terms of the way Immigration authorities currently enforce the law. Moreover, it is notable that the Immigration database will soon be linked to a more broad identity database which will likely result in better coordination between different government ministries in Thailand. As a result, Immigration authorities will be better equipped to identify and possibly forestall those deemed to be undesirable from entering or reentering the Kingdom.

If there are actually 40,000 individuals currently overstaying their status in Thailand it seems logical to infer that the implementation of these measures along with those previously implemented will result in a large number of such individuals being apprehended and possibly deported from Thailand. It should be noted that those arrested in Thailand for visa overstay are likely to be placed on the Blacklist and precluded from returning to the Kingdom for a prolonged period of time.

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In a recent posting on the website of the National News Bureau of Thailand the possibility of issuing Thai work permits with a validity of two years was discussed. To see the announcement please read this quotation from the aforementioned website:

The Cabinet has approved the extension of the work permit for foreign nationals to two years while giving employers four months to bring their workers to apply for the document. Director-General of the Department of Employment Arak Prommanee revealed that Cabinet approval has been granted to the proposal of the committee in charge of foreign labor management policies to have the life of foreign workers’ temporary work permit, or the pink card, extended from one year to two years. As a result, workers whose permits will expire on March 31, 2016 will be allowed to stay in the Kingdom for two more years, pending the nationality verification process. To apply for the new permit, employers will be required to take their foreign employees to report themselves at registration spots designated by the Department of Employment within 120 days from April 1. The Cabinet also assigned the Department of Employment to adopt regulations in support of the permit extension within 120 days, with consideration to be given to the prevention of foreign labor shortage, national security, prevention of permanent residency, assurance of workers’ protection and establishment of an efficient management system.

It should be noted that the announcement above seems unclear regarding the type of work permit discussed. Some foreign nationals, such as Burmese, Cambodian, and Lao nationals, have a different work permit regime compared to other foreign nationals and from the above information it is difficult to ascertain whether the proposed 2 year Thai work permit scheme is meant for all foreign work permits or a specified subset. Further information will be provided for clarification should a further announcement be made.

Meanwhile, while it appears from the above announcement that Thai officials may be poised to implement more favorable conditions regarding foreign labor regulations, Thai immigration rules are poised to become much more stringently applied. New immigration rules have been on the horizon for some time now as evidenced by a January 2016 articlein the Bangkok Post discussing the proposed rule changes:

In just under two months, the Immigration Bureau will officially begin arrests and tough new penalties against foreign law-breakers. The programme is in the hands of Pol Lt Gen Nathathorn Prousoontorn, one of the most experienced immigration officers. He has spent some time drawing up new laws, rules and regulations, as part of the first major overhaul of immigration enforcement in decades.

Those overstaying a visa in Thailand will soon face strict fines and penalties. Moreover, those caught committing a crime while overstaying could see themselves barred from entering Thailand for as long as ten years. There are some who would argue that these changes are long overdue. For decades, Thailand’s immigration rules have been quite lax when compared with the rules and regulations of other countries (notably the United States which has, since the mid 1950s, had severe bars for overstaying enshrined in the provisions of the United States Immigration and Nationality Act), but that era appears to be coming to an end. In the future, those overstaying more than 90 days could see themselves barred from reentering Thailand for varying periods of time depending upon the amount of time they have overstayed.

In a more recent article in the Bangkok Post further clarification was provided regarding how far immigration officials are seemingly willing to go in enforcing the soon-to-be enacted rules for overstayers:

Overstaying just got serious. After decades of treating visa-overstay less seriously than jaywalking, there now will be real and lasting consequences…the computerised blacklist operators at every airport and border crossing are going to kick out those who have overstayed, and not let them back. This is the really new part of the plan – exile.

Finally, notwithstanding the previously noted implementation of stricter overstay rules, it appears that those in Thailand as journalists may face increased scrutiny from immigration. In the aforementioned article, new rules for M visa holders (“M” standing for Media) was discussed:

The Foreign Ministry announced tweaked rules for the M-class non-immigrant visa and extension. Minister Don Pramudwinai himself helped to write, signed off, defended and will oversee the new rules for journalists.

Although presently there are no clear guidelines yet set regarding the new regime for administering M visas the consensus seems to be that M visa issuance may become more selective. Some have surmised that fewer freelance journalists will be granted M visas moving forward. This blog will continue to provide updates on the situation as the rules come into effect and the methods of enforcing new rule changes become clearer. Readers are strongly encouraged to follow the links above and conduct their own research on these matters as failure to adequately understand these policies could lead to problems in the future. New rules for overstay in Thailand are set to be implemented in mid-March 2016.

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In a recent article in the Pattaya Mail it was noted that those who overstay their visa in Thailand will soon be facing harsh consequences. To quote directly from the aforementioned article:

For those who surrender, foreigners overstaying up to one year will be banned for a year from coming back to Thailand. Three-year bans await overstayers of 1-3 years while those who have lived here without a visa for 3-5 years will be banned for five years. Overstayers of more than five years will be banned for 10 years.

It appears from reading the original notice from immigration that even those who overstay for a period of 90 days will be blacklisted for a 90 day period following their last departure. It would also appear that in conjunction with the recently announced blacklisting rules the Royal Thai Immigration Police have measures in place which will greatly improve that organization’s ability to monitor travelers arriving in Thailand. To quote directly from a recent article in the Bangkok Post:

Immigration police announced Monday the opening of a centralised mechanism to oversee and control the entry and exit of foreigners. The newly established Thai Immigration 24/7 Centre, located at Immigration Bureau headquarters, is divided into three working rooms where officers can monitor real-time CCTV footage at airports, ports and border checkpoints. An advance passenger processing system installed at the centre will allow officers to know personal details of visitors before they arrive, with more than 50 airlines cooperating.

Clearly, Immigration authorities in Thailand are committed to more thorough enforcement of Thailand’s immigration laws. The practical impact of these measures remains to be seen as the new rules regarding overstay are not to come into wide effect until March 20, 2016.

What do these developments mean for foreigner nationals traveling, living, and working in Thailand? First, it is clear that foreigners who once used Thailand’s somewhat lax overstay policy to remain in the Kingdom long term will no longer be able to remain in Thailand this way without some serious repercussions. Also, as Thailand recently announced changes in tourist visa and visa exemption stamp policies it seems clear that although true long term tourists will be able to remain longer in the Kingdom, those who simply use tourist visas as a means of living in Thailand will see this avenue closed in the future.

The Thai business visa remains a viable option for some who wish to remain in Thailand long term while those with a Thai spouse can avail themselves of the O visa to remain in Thailand with their family. Meanwhile, for those who qualify, the Thai retirement visa and the Thai Education visa are also methods of maintaining long term status in the Kingdom.

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During the month of October 2015, it came to this blogger’s attention that the Thai government began to heavily enforce regulations against those overstaying their Thai visa and those utilizing nominees in order to control companies in Thailand. In a recent article on the Khaosod English website it was noted that more than 9000 people were arrested and detained pending deportation for overstaying their visas. The article went on to note:

The penalties announced Sunday are identical to regulations announced by the immigration bureau last year that have been in effect since Aug. 17, 2014. Foreign nationals who remain in the country more than 90 days after their visa expires are to be banned for one year. Those who overstay for one year, three years or five years are forbidden from re-entering the country for three years, five years and 10 years respectively. If they don’t turn themselves in and are instead caught by police, those who have overstayed less than a year would be blacklisted for five years while those with over a year face a 10-year ban…

The penalties referred to above were apparently applied to those detained in the aforementioned roundup and it would appear that such measures are likely to be applied to overstayers in the future. For this reason it is strongly recommended that those wishing to stay in Thailand obtain a visa and leave within the specified period of validity unless a Thai visa extension is obtained. There are many types of Thai visa categories including business visas, retirement visas, O visas for family members of Thai nationals, and the greatly anticipated long stay tourist visa which is set to begin being issued in mid-November.

Meanwhile, Thai officials in the Ministry of Commerce seem to be implementing stricter enforcement of rules regarding the use of nominee shareholders in Thai companies. Under the Foreign Business Act, foreign nationals are not permitted to use Thai nominee shareholders in order to circumvent the restrictions on foreign ownership of Thai companies. Those caught violating this law can face fines or possible imprisonment. Apparently, officials with the Department of Business Development will be investigating certain companies to determine if nominees are in use. To quote directly from The Nation:

The 10 sectors to be inspected are food and beverage, tourism, property rental, the property trade, car rental, spa, handicraft and souvenir retail, Internet retailing, direct sales, and education consultants. Chainarong said that those sectors would be targeted because it was believed that a high proportion of their businesses were foreign controlled through the use of Thai nominees…

Clearly Thai regulators are becoming increasingly serious regarding the enforcement of Thai law in both the realm of immigration and business. It should be noted that American Citizens are permitted to own 100% of certain types of Thai corporations pursuant to the provisions of the US-Thai Treaty of Amity.

Tags: 90 day overstay Thailand, business visas, Foreign Business Act, Nominee Company Thailand, nominees, O visas, Retirement visas, Thai blacklist, Thai blacklisted, Thai Nominees, Thai Visa Extension, Thai Visa Overstay, Thailand Blacklist, Thailand blacklisted, Thailand Nominees, US-Thai Treaty of Amity, visa overstay Thailand
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In recent weeks, sweeping new changes have been announced regarding Thai visa exemptions and so-called visa runs. As has been previously noted on this blog, as of August 12, 2014 those using the in/out method to obtain 30 day visa exemption status will no longer be permitted to do so. However, in the weeks leading up to this clampdown anecdotal evidence has been noted which shows that those currently seeking to enter the country this way have been denied entry. Meanwhile, further information has come to light which shows that some have been stopped at the Thai border attempting to enter on Thai 60 day tourist visas, many such individuals have apparently been turned away.

It further came to light that Thai immigration authorities will be imposing a blacklisting scheme to bar those who have overstayed in the country from reentering for certain designated periods of time. What this system will ultimately look like remains to be seen as it was recently rumored that officials are re-looking at the plan in an effort to ensure that consequences are not excessively harsh. However, it would appear that long term overstayers and visa runners could see themselves turned away at the border in the future and possibly banned from returning for an extended period depending upon their situation.

A bright note was reported this week, as officials have apparently announced that visa exemption extensions may be granted in the future for 30 days as opposed to a mere 7.  Apparently, immigration officials are looking into allowing 30 day extensions for those in Thailand on a 30 day exemption stamp. Obviously, the decision to grant a 30 day extension will be made on a case by case basis and at this time it seems that the proposed plan would require the foreign tourist to pay 1900 baht when seeking a visa extension.

All of these developments mean that in the future those wishing to remain in the Kingdom of Thailand for a prolonged period of time are well advised to obtain a long term Thai visa in a category in which they qualify. For example, those coming to Thailand to work or start a company are well advised to seek a Thai business visa as well as a Thai work permit. Meanwhile, those wishing to study in Thailand may do so, so long as they obtain a Thai education visa from a school duly accredited by the Thai Ministry of Education. Retirees may remain in the Kingdom on a Thai retirement visa so long as they have the requisite funds or pension. Concurrently, those with family in Thailand could apply for a Thai O visa so long as they meet the necessary financial requirements.

Tags: Thai 30 day stamp, Thai 30 day visa, Thai blacklist, Thai Immigration, Thai Visa, Thai visa exemption, Thai Visa Overstay, Thai visa run, Thailand Blacklist, Thailand Immigration, Thailand Visa
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