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In previous postings on this blog the recent policies of the Royal Thai Immigration Police regarding visa overstayers in Thailand have been noted. In follow up to those articles, it should be noted that Thai immigration officials have recorded a sharp decline in the number of people physically present in Thailand beyond the expiration date of their visa. In a recent Bangkok Post article, the drop in overstay was noted:

The more than 39% decline, from 810,522 in October last year to 486,947 in March, shows “our new measure is effective”, Immigration Bureau chief Nathathorn Prousoontorn said on Friday.

While immigration officers chalk up a victory in the campaign to thwart overstaying foreigners it appears that a new issue has come to the forefront. In another article in a more recent edition of the Bangkok Post suspicious trends in Thai Marriage registration numbers were reported:

Bureau chief Nathathorn Prousoontorn said several foreign nationals are believed to have resorted to sham marriages as a loophole to stay in the country…The [Royal Thai Immigration Police] received a tip-off from the Public Anti-Corruption Commission (PACC) that at least 150 Thai women in one district of a northeastern province had married foreigners in the past few months.

Clearly, the recent spike in marriages and the recent change in immigration overstay policy cannot be assumed to be coincidental. However, the upshot of these developments is the very strong probability that all upcoming Thai marriage visa applications (otherwise referred to as O visa applications) will be more heavily scrutinized when compared to similar applications lodged in the past. This blogger can personally attest to the fact that since policy changes at Thai immigration in late 2015 the process of obtaining or renewing a Thai business visa has been a more intensive endeavor as Immigration officials scrutinize all business visa applications and supporting documentation extremely thoroughly. Therefore, this recent news regarding marriage scrutiny could easily lead one to infer that future marriage visa extension applications and renewal applications could require more documentation and the backlog for issuing such documents could become exacerbated as a result of the increased scrutiny and documentation requirements.

As a general rule, this blogger has advised those interested in remaining in Thailand to understand that the process of obtaining a long term Thai visa and/or a Thai work permit is becoming increasingly complex. As a result of this increased complexity, the notion that the Thai immigration process is something that is quick and easy is simply a fallacy. Thai immigration matters are arguably as complicated and time consuming as immigration issues arising in countries such as the USA or the UK. Those undertaking Thai immigration matters for the first time are strongly encouraged to retain the assistance of a competent professional.

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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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Starting November 13th it will be possible for foreign tourists to apply for and obtain a 6 month Thai tourist visa. To provide more insight into this development it is necessary to quote directly from the Bangkok Post:

Unlike current tourist visas, which offer from one to three entries, the six-month multiple-entry visa will allow unlimited border crossings during the validity period. However, to prevent foreigners from basically living in Thailand on tourist visas, each entry will be limited to 60 days. The new multiple-entry visa will cost 5,000 baht, versus 1,000 baht for a single-entry, 60-day visa, which can be extended in-country for up to 30 days for an additional fee.

As noted above the new tourist visas will be more costly than previously, but the validity period will be longer. Meanwhile, those in Thailand on such visas will be required to adhere to the regulations which are already in place. It would appear that the Thai government is attempting to provide a long term visa solution for those travelers who wish to stay in Thailand for an extended period of time. It should be noted that in recent months Thai Immigration authorities have been cracking down on long term users of Thai visa exemption stamps as well as those attempting to remain in the Kingdom utilizing the Thai Education visa (also referred to as the ED visa). It remains to be seen whether Thai Immigration officers and Consular Officers at the various Royal Thai Embassies and Consulates abroad will be willing to issue multiple Thai 6 month tourist visas, but the creation of this new type of visa should provide a much needed option to longer term tourists.

It may still be possible to obtain a 1 year multiple entry Thai visa from certain countries. Such one year visas are often issued for those wishing to conduct business or work in Thailand (the Thai business visa), stay in the Kingdom with a Thai family member including spouses (the Thai O visa), or retire in Thailand (the retirement visa, also known as the O-A visa). Under certain circumstances a Thai ED visa may still be an option for long term stay, but it has been reported that those staying in the Kingdom on an ED visa to attend Thai language school are being frequently tested on their language capability.

Those who enter the Kingdom in B, O, O-A, or ED visa status may be eligible for a visa extension provided the applicant can provide certain documentation.

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Many expatriates in Thailand have been finding it increasingly difficult to obtain a long term (1 year or more) visa in Thailand. This frustration may be due in part to the fact that in 2014 new immigration rules were promulgated and the governmental administration in Thailand went through a transition. Moreover, it would also appear as though Thai Consular Officers abroad have been increasingly less inclined to issue one year non-immigrant multiple entry visas to foreign nationals seeking such documents outside of Thailand. Even 90 day visa applications are being placed under increased scrutiny compared to years past. Whether one agrees with these policies is basically irrelevant  as foreign nationals must acclimate themselves to the notion that staying in Thailand long term is becoming more difficult.

In fact, there is a great deal of anecdotal evidence to suggest that remaining in Thailand on an Education visa is not as simple as it used to be. In fact the cost of going to classes has increased for students in various Thai schools. This would appear to be the result of the fact that many so-called “visa mill” schools have been under review or in some cases even closed as they seem to exist only for the purpose of providing long term ED visas to foreign nationals.

Fortunately, all is not completely bleak on this topic. Some genuine schools which offer genuine classes are still able to offer Thai ED visas. That stated, it should be noted that attendance in such classes is being monitored more carefully. Also, if one wishes to conduct legitimate business in Thailand then it is possible to obtain a Thai business visa. However, such applications are being carefully reviewed. The same can be said for Thai retirement visa applications as applicants are finding their financial status reviewed carefully before new retirement visas or new  retirement visa extensions are being issued. Further, it appears that those present in the Kingdom of Thailand on a Thai marriage visa are being subjected to review and in some cases it appears that officers are traveling to marriage visa holder’s homes in order to ascertain whether or not such marriages are in fact genuine. Meanwhile, immigration authorities have imposed new rules requiring digital photographs of those seeking visa extensions notwithstanding the fact that such applicants routinely provide passport sized photos with their application.

In short, it appears that reforms of the Thai immigration system have changed the way in which foreign nationals apply for visas and the result could prove to be a more costly and/or cumbersome process for those seeking immigration benefits in Thailand.

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With recent changes to Thai Immigration regulations, it has become clear that many long term travelers or prospective expatriates should get their status regularized either in the Kingdom or prior to arrival. While in the past it was possible to remain in Thailand in what were otherwise ostensibly short term Thai tourist visas or thirty day exemption stamps, now it seems that obtaining a long term visa extension is going to be necessary. For those under 50 years of age, this would mean obtaining a Thai marriage visa, a Thai business visa, or a Thai Education visa. However, for those over 50, the Thai retirement visa (often referred to as the O-A visa) could prove to be an effective way of remaining in the Kingdom. One reason this is the case, a retiree in Thailand does not need (and legally cannot get) a work permit in Thailand. The work permit process can be difficult and document-intensive. Meanwhile, a retirement visa, unlike and education visa, does not require that the visa holder attend any type of schooling. Also, for those not married to a Thai the retirement visa is generally a good option since such a visa does not require marriage to a Thai unlike a marriage visa. Retirement visa extensions are issued in one-year intervals and so long as the visa holder has the requisite pension or savings, then the process of obtaining such a visa is rather straightforward. Like any other type of Thai visa, it is expected that the retirement visa holder continually check in ever 90 days to inform immigration of their place of residence. However, for those who leave prior to 90 days, this is not necessary. However, it should be noted that in order to maintain visa status while outside of Thailand, the visa holder would need to obtain a reentry permit.

For those over 50 who work in industries such as the offshore oil business, which only requires the employee to work in given intervals, the retirement could prove to be a substantially better visa option compared to other types of temporary Thai visas as a retirement visa allows the bearer to remain in the Kingdom for a year as well as enter and exit as necessary provided the reentry permits are in order. Those looking at this as an option should bear in mind that the retirement visa holder cannot work in Thailand, but if working outside of Thailand there would really not be any issue as to immigration status in the Kingdom.

When dealing with Thai business visas, the holder of such an extension generally needs to have corporate sponsorship as well as a Thai work permit. Meanwhile, those remaining in Thailand on a marriage visa must be married to a Thai national. Finally, those staying in the Kingdom on an Education visa must be attending a course of study approved by the Ministry of Education. For many, the retirement visa is a much less difficult type of visa to obtain and also does not require a great deal of supporting documentation other than proving the financial ability to support oneself long term while present in the Kingdom.

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In recent postings on this blog, the issue of immigration crackdowns has been discussed. Specifically, it appears that the so-called in/out 30 day visa run is a thing of the past and those overstaying their lawful immigration status could find themselves barred from reentering the country. Meanwhile, it appears that obtaining one year multiple entry Thai visas is becoming more and more difficult although not impossible where the applicant meets the requirements.

This brings this blogger to a related topic, in the past the Thailand Elite Card program allowed for long term stays in Thailand, but the price was usually not cost effective for the average traveler. It should also be noted that the initial Elite Card scheme allowed for a lifetime visa. Eventually the program went somewhat defunct, only to be re-vamped and reintroduced as a 20 year visa scheme. Those seeking an Elite Card must pay 2 million baht up-front with a yearly 20,000 baht administrative fee. Again, even the current Elite Card cost is not affordable for many. This may be why the Elite Card promoters have implemented a less expensive alternative: The Thailand Easy Access Card. This card allows the holder to obtain what is essentially a 5 year visa rather than a 20 year visa, but the cost is only 500,000 baht up-front as opposed to 2 million, there are other curtailed benefits that come with Thailand Easy Access Card obtainment which are more fully described in a pamphlet issued by the facilitators of the Easy Access card:

As a business traveler who frequently travels to Thailand you truly deserve the exclusive benefits the Thailand Easy Access Membership entitles. Your arrivals will be practically effortless with assistance by our professional Elite Personal Assistants who will be waiting for you at the plane’s door. From your first step into the Kingdom until your departure they will escort and guide you through the airport assisting you with all formalities and immigration procedures. In addition to the exclusive privileges within the airport your private limousine is available to drive you to your destination as quickly and as hassle-free as possible.

Those seeking a detailed breakdown of Easy Access Card benefits are encouraged to click HERE.

Clearly, the Easy Access Card provides benefits besides long term visa status, but for those wishing to remain in the Kingdom of Thailand for a period longer than one year this may be an option. It should be noted that those entering the Kingdom on either an Elite Card or an Easy Access card enter in tourist visa status. Those wishing to enter Thailand based upon marriage should do so on a Thai marriage visa. Retirees may obtain a Thai retirement visa, while those seeking an Education in Thailand should think about the Thai ED visa.

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Posted in Thailand Business, Thailand Visa | 1 Comment »

Followers of this blog will likely have noticed the recent news that Thai visa runs are being curtailed in an effort to stop those who abuse the 30 day visa exemption stamp system in the Kingdom of Thailand. The following is quoted directly from a recent announcement made by the Royal Thai Consulate-General in Savannakhet:

Announcement Concerning the Strict Implemmentation of the Visa Exemption Scheme

From 12th August 2014, Thai Immigration Bureau will strictly implement the border crossing law and regulations to prevent visa runners from abusing the visa exemption scheme by prohibiting entry into the country.

The purpose of this scheme is for tourism only. The Royal Thai Consulate-General in Savannakhet advises those wishing to enter Thailand for other purposes to apply for appropriate visa in all circumstances.

In accordance with Immigration Act B.E. 2522 and other relevant law and regulations, employment is prohibited when entering Thailand without appropriate visa and violation is punishable by up to 5-year imprisonment or up to 100,000-baht fine or both.

Royal Thai Consulate-General Savannakhet

June 27, 2014

Clearly, beginning in mid-August immigration officers will be scrutinizing travelers entering Thailand on 30 day visa exemptions. Those deemed to be utilizing the exemption scheme inappropriately could find themselves barred from entering the Kingdom. Meanwhile, this annoucment seems to also imply that those using the scheme to work illegally in the Kingdom could find themselves facing incarceration or serious fines. Anyone thinking of traveling to Thailand long term are strongly encouraged to seek an appropriate visa. Those thinking of working in Thailand should also be prepared to undertake the process of obtaining a Thai work permit.

At present there are multiple visa options for long term tourists and others wishing to remain in the Kingdom long term. The Thai business visa can be utilized by those wishing to conduct business in the Kingdom. Meanwhile, those with spouses or family in Thailand could obtain a Thai O visa (sometimes referred to as a Thai marriage visa) in order to remain lawfully present in the Kingdom. Those wishing to undertake an educational course in Thailand may be eligible for a Thai ED visa. Those over 50 years of  age who wish to retire in Thailand may be eligible for a Thai retirement visa.

Long term tourists who wish to remain in Thailand longer than 30 days are strongly encouraged to obtain a Thai tourist visa at a Thai Embassy or Consulate abroad in order to forestall possible problems that may arise as a result of the new stricter enforcement of the Thai visa exemption system.

Tags: Thai Business Visa, Thai ED Visa, Thai Marriage Visa, Thai O Visa, Thai Tourist Visa, Thai Visa, Thai visa run, Thailand visa run, visa run Thailand
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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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It has been reported that officials at the Immigration Department in Thailand are taking steps to curtail the use of 30 day Thai visa exemptions by those traveling to the Kingdom of Thailand. It also appears that usage of Thai tourist visas is to be increasingly scrutinized. Apparently, these measures are being undertaken in an effort to decrease purported abuse of the immigration system by those who routinely travel to border crossings, depart the country, and immediately re-enter in order to gain a new visa exemption stamp or further status on a multiple entry tourist visa. These so-called “visa runs” have been a mainstay in Thailand for a number of years as many long term tourists have used this method to maintain lawful status. It appears that moving forward these methods may no longer be possible.

The Phuket News has recently reported that “Out-In” visa runs have officially been deemed a thing of the past. Citing Lieutenant General Phanu Kerdlaphon the aforementioned publication quoted the General as saying:

“We have been very lenient about this. I’ve had many comments about [our excessive leniency]…Thirty days should be enough for a normal tourist.”

“If they really want to travel around the country for more than 30 days, then they must show us a plausible plan. If officers are suspicious, then they will carry out checks…If we believe their purpose in coming to Thailand is not what they say it is, then we will order them to leave and they will be blacklisted. They will not be able to return to Thailand, ever.”

Tags: In-Out Visa Run, Thai 30 day visa exemption, Thai Business Visa, Thai ED Visa, Thai Education Visa, Thai Immigration, Thai Marriage Visa, Thai Retirement Visa, Thai Tourist Visa, Thai Visa, Thai Visa Extension, Thai visa run, Thailand Business Visa, Thailand ED Visa, Thailand Marriage Visa, Thailand Tourist Visa, Thailand Visa, Thailand visa run
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In recent years there has been a strong feeling among expatriates and travelers to Thailand that getting a Thai visa is more difficult when compared to the past. In another posting on this blog it was noted that rules regarding application for one year multiple entry visas from Thai honorary Consulates in the United Kingdom had changed. Notably, applications for such long term visas are henceforth to be forwarded to the Royal Thai Embassy in London for review prior to adjudication. There are some who believe that this change in the process has resulted in fewer long term visas being sought, and/or fewer such visas being issued. As of the time of this writing there is no way to discern whether this processing change resulted in fewer multiple entry visas being issued. However one thing is clear, the rules regarding application for long term multiple entry Thai visas are being more strictly enforced. Therefore, some explanation regarding the general application guidelines may be warranted.

One significant concern of Thai immigration officials, as reflected in recent rule changes and enforcement procedures, would seem to be the physical location of the applicant. At one time, it was common to see foreign nationals in Thailand using less than reputable visa services to procure visas from Thai Embassies and Consulates abroad while physically remaining in Thailand. This practice was severely curtailed by immigration authorities in a few notable “crack-downs”.  At this point, it is very clear that immigration authorities strongly prefer that those applying for a Thai visa at an Embassy or Consulate abroad be physically present in the jurisdiction where the post is located. Moreover, it also seems clear that documentary requirements for those applying for one year multiple entry visas are more substantial compared to the past and it seems logical to assume that such requirements may be more stringent in the future.

It seems that immigration authorities now prefer that those wishing to remain in Thailand for a significant period of time obtain a 90 day visa from abroad, travel to Thailand, and upon meeting further criteria; apply for a Thai visa extension. This should not be inferred to mean that obtaining a 1 year Thai multiple entry visa is impossible, but rules regarding application for such travel documents vary by jurisdiction and for some simply obtaining a 90 day visa and then seeking an extension may be a more efficient option.

There are multiple visa categories under Thai immigration law. Some of the most commonly sought visas are: the Thai Business Visa (“B” Visa), the Thai “O” visa for the family of Thai nationals, the Thai retirement visa, the Thai tourist visa, and the Thai education visa (“ED” visa); although there are many other specific visa categories. Depending upon the needs and intentions of the visa seeker the rules for applying for such travel documents may vary. In any case, it may be prudent to seek the advice of those who routinely deal with Thai immigration matters as the rules and regulations regarding those issues can be complex.

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