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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.

Tags: Royal Thai Consulate, Royal Thai Embassy, Royal Thai Embassy London, Royal Thai Honorary Consulate, Thai B Visa, Thai Business Visa, Thai ED Visa, Thai Education Visa, Thai Immigration, Thai O Visa, Thai Tourist Visa, Thai Visa, Thai Visa Extension, Thailand B Visa, Thailand Business Visa, Thailand ED Visa, Thailand Education Visa, Thailand Immigration, Thailand o visa, Thailand Tourist Visa, Thailand Visa, Thailand visa extension
Posted in Thailand Embassy, Thailand Visa | No Comments »

The rules regarding processing and adjudication of applications for one year multiple entry Thai visas appear to have changed. The following was recently posted on the official website of the Honorary Thai Consulate in Birmingham, UK:

With immediate effect all Non-Immigrant Multiple Entry visas can not be issued on the same day, as we require authorisation from the Royal Thai Embassy  in London. Once approval has been granted the visa will be issued.
If your application is declined you will be informed.
Please ensure we have your UK contact telephone number.
All other visas will be issued on the same day as usual  providing we have all the correct documentation.

Although the procedural change noted above may not negatively affect Thai visa applicants, it may be an indication that Thai authorities are more diligently scrutinizing long term visa applications. Some visa issuance procedures have been in a state of flux for some time now, as many Royal Thai Honorary Consulates in the United States have already placed information on their websites which states that only 90 day Thai business visas will be issued and those wishing to remain longer in the Kingdom of Thailand must make a request for a Thai work permit and Thai visa extension.

As noted above, in the past it was possible to obtain one year multiple entry Thai visas from some Honorary Thai Consulates in as little as a day. However, as new non-immigrant multiple entry visa applications appear to be subject to increased scrutiny from Thai Consular Officers it could be argued that more long term Thai visa applications may be denied in the future.

The posting of these processing changes have come shortly after recent reports that Thai visa stickers destined for Thai Embassies and Consulates abroad went missing and that some foreign nationals in Thailand had been found with previously unaccounted for stickers in their passports. Perhaps Thai authorities are implementing stricter visa processing and adjudication rules in an attempt to curtail immigration fraud, or these rule changes could simply be the result of the naturally evolving state of Thai immigration policy. On a related note, it was recently reported that Thai immigration officials are thinking of implementing new E-visa procedures at the various Thai Consulates and Embassies around the world in order to maintain more security in the visa process. In any case, it appears that those seeking long term Thai visas from Thai Consulates and Embassies abroad will see their applications examined more closely compared to the past.

Tags: Thai Consulate, Thai Embassy, Thai Non-Immigrant Visa, Thai Visa, Thai Visa Extension, Thai Visas, Thai Work Permit, Thailand Consulate, Thailand Embassy, Thailand Non-Immigrant Visa, Thailand Visa
Posted in Thailand Visa | No Comments »

It recently came to this blogger’s attention that the procedures for obtaining a Thai visa extension on an expiring passport have changed. In order to provide further insight into these developments it is necessary to quote directly from the official website of the Royal Thai Immigration Police:

According to the New Regulation from August 13, 2013,
when submitting application for Visa Extension if the validity of passport of the applicant is not longer than one year left before expiry,
the extension of stay will be permitted not exceeding the expired date of passport.
After the renewal of your passport of obtaining a new passport,
you have to re-apply for Visa Extension by submitting required document and paying extension fee ( 1,900 Baht).
In case of overstay, the fine is 500 Baht per day.

Clearly, those who have a passport expiring shortly following their Thai visa extension deadline will want to take measures either to renew their passport prior to visa extension renewal or be prepared to possibly pay more visa extension fees following renewal of a passport subsequent to extension.

Thai visa extensions are common among the expatriate community in Thailand as those holding non-immigrant visas such as the Thai Business Visa (categorized by Thai Immigration as Non-immigrant category “B”), the Thai O visa (often used by those who are married to a Thai or maintain a family relationship with a Thai national [in some cases a Thai O visa may be obtained by those who simply fall into the "miscellaneous" immigration category, Thai condominium owners being the most notable case in point]), the Thai Education visa (categorized as the ED visa), or the Thai Retirement Visa (classified as a Thai O-A visa) must obtain extensions in order to maintain lawful presence.

Holders of the Thai Business visa often obtain a visa extension when maintaining long term employment in the Kingdom of Thailand. It should be noted that those employed in Thailand must also obtain a Thai work permit as well as a Thai business visa extension in order to remain in the Kingdom for a long period of time to undertake employment activities. Those remaining in Thailand on a retirement visa, while able to obtain visa extensions, are generally unable to obtain a work permit as employment activities are not permitted while present in the country on an O-A visa. Holders of a Thai ED visa may also be eligible for one or more visa extensions, but are generally not allowed to obtain a work permit, except under very narrowly defined circumstances. Thai O visa holders may be able to obtain a Thai work permit depending upon the reason for the visa’s issuance. Those married to Thais, or those granted an O visa based upon having a Thai child are often able to obtain a Thai work permit.

Tags: Expired Passport, Expiring Passport, Royal Thai Immigration Police, Thai B Visa, Thai Business Visa, Thai ED Visa, Thai O Visa, Thai O-A visa, Thai Retirement Visa, Thai Visa, Thai Visa Extension, Thailand B Visa, Thailand Business Visa, Thailand ED Visa, Thailand o visa, Thailand O-A visa, Thailand Retirement Visa, Thailand Visa, Thailand visa extension
Posted in Thailand Visa | No Comments »

There have been some recent developments with respect to Thai visas. The following information is for general use only and should not be construed to apply to every unique situation as there are often numerous Thai visa options for those wishing to travel and remain in the Kingdom of Thailand for a prolonged period of time.

Thailand Business Visas

It has recently come to this blogger’s attention that 12 month multiple entry Thai business visas are becoming increasingly difficult to obtain from Royal Thai Embassies and Consulates abroad. For example, the Royal Thai Embassy in Kuala Lumpur recently announced that it will no longer issue 12 month multiple entry business visas to applicants as applicants are now only able to obtain a 90 day Thai Business Visa (officially referred to as the Non-Immigrant “B” Visa) at that post. Applicants are encouraged to first obtain a 90 day Thai business visa and subsequently apply for a Thai work permit and visa extension in the Kingdom of Thailand. However, it would appear that the Royal Thai Consulate in Penang may issue 12 month multiple entry business visas under limited circumstances. It seems that those who have previously obtained a multiple entry Thai business visa and Thai work permit may be eligible to obtain another one year Thai business visa from the Thai Consulate in Penang. Meanwhile it would seem that the other Thai Embassies and Thai Consulates around the world are becoming increasingly hesitant to issue one year multiple entry Thai business visas and in those situations where such visas are issued they are only granted after significant scrutiny by the Consular officers issuing such travel documents.

Thailand Retirement Visas

In some cases, a foreign national may be eligible to obtain a Thai retirement visa. However, Thai Immigration officials are carefully reviewing applications for Thai retirement visas. In fact, this blogger has  learned that issues surrounding the finances of the applicant for a Thai retirement visa are of increasing concern for Thai Immigration officers. In fact, Thai Immigration officers seem to be seeking larger amounts of evidence concerning a retiree’s financial situation compared to past applications.

Thailand O Visas

The O visa in Thailand is technically classified as a miscellaneous visa category. Generally, this visa category is used by foreign nationals with family in Thailand (this is why this category is sometimes referred to as a Thai marriage visa notwithstanding the fact that  it could be used by any family member of a Thai national). As is the case with the Thai retirement visa, the finances of the foreign national seeking an O visa is of central concern to the Thai Immigration authorities especially when the foreign national is seeking a Thai O visa based upon marriage to a Thai. Therefore, those seeking Thai O visas should be prepared to show substantial evidence of ability to financially support oneself, and one’s spouse, while in Thailand.

Thailand Education Visas

The Thai Education visa (categorized by Thai Immigration as the “ED” visa) is more widely used by foreign nationals in Thailand compared to times past. That stated, Immigration officials examine such applications with a great deal of thoroughness. It should be noted that those staying in the Kingdom on an ED visa based upon attendance at a Thai language school may be tested on their Thai language ability by Immigration officers. Therefore, if one has been present in Thailand on an ED visa for a significant period of time, but cannot show a basic understanding of Thai the ED visa could be revoked.

For related information please see: Thailand work permit. 

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Posted in Thailand Visa | No Comments »

Those who read this blog may likely have noticed that the issue of Thai immigration is a frequent topic of discussion. Recently, this author came upon an interesting announcement regarding the issuance of Thai reentry permits at the Suvarnabhumi International Airport in Bangkok, Thailand. The following is quoted directly from the official website of Suvarnabhumi International Airport:

In a previous posting on this blog, the administration pondered the prospect of Thai reentry permits and whether they would ever again be available at the airport as opposed to the Royal Thai Immigration Headquarters at Chaeng Wattana. It would appear that from this point onwards, Thai reentry permits will be available to departing foreign nationals at the airport.

For those who are unfamiliar with the protocols and rules associated with Thai immigration, anyone present in the Kingdom of Thailand on a Thai visa must obtain a reentry permit prior to leaving the Kingdom of Thailand. Those who fail to obtain a Thai reentry permit prior to departing Thailand may lose their Thai visa status upon departure. For this reason, reentry permits should be obtained by anyone in Thai visa status who wishes to return to Thailand. A frequently asked question in this vein is: do I need a reentry permit if I am present in the Kingdom on a visa exemption? The short answer: no. Those who enter the country on a Thailand visa exemption cannot obtain a reentry permit as they are not technically in possession of a valid Thai visa. Those present in the Kingdom of Thailand on a Thai visa extension are required to obtain a Thai reentry permit prior to departure lest the foreign national fall out of status entirely upon departing Thailand. The same can be said for those who are present in Thailand with lawful permanent residence. A Permanent Resident in Thailand must receive authorization to leave the country whilst simultaneously maintaining lawful status in the Kingdom or else face the prospect of falling entirely out of status upon departure.

Those who are present in the Kingdom of Thailand on a multiple entry one year Thai visa should not need to obtain a Thai reentry permit when departing the Kingdom, but those with a multiple entry visa are generally required to depart the Kingdom at least every 90 days in order to maintain lawful status.

Fore related information please see: Thailand business visa or Thai Work Permit.

Tags: Multiple Entry Thai Visa, Multiple Entry Thailand Visa, One Year Thai Visa, One Year Thailand Visa, Reentry Permit, Suvarnabhumi, Suvarnabhumi International Airport, Thai B Visa, Thai Business Visa, Thai Immigration, Thai O Visa, Thai permanent residence, Thai Reentry Permit, Thai Retirement Visa, Thai Visa, Thai Visa Extension, Thai Visas, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand ED Visa, Thailand Education Visa, Thailand Immigration, Thailand o visa, Thailand Permanent Residence, Thailand Reentry Permit, Thailand Retirement Visa, Thailand Visa, Thailand visa extension, Thailand Visas
Posted in News, Thailand Business, Thailand Visa, Thailand Work Permit | No Comments »

Thai business visa rules can be confusing for some as those who are new to the Kingdom of Thailand can become confused by the Thai Immigration system. Even seasoned expatriates in Thailand have trouble keeping up with the constantly changing rules and administrative procedures. The reason for the confusion can at least be partially attributed to the fact that, like US immigration rules and regulations, there are two Thai government agencies with overlapping authority where Thai visa matters are concerned. The first agency is the Royal Thai Immigration Police who are similar to United States Immigration officials at the Department of Homeland Security in that they oversee the administration of Thai Immigration rules from inside the Kingdom. Then there is the Thai Ministry of Foreign Affairs. The Thai Ministry of Foreign Affairs, through Thai Embassies and Consulates abroad, is tasked with adjudicating visa applications outside of Thailand and when said visa applications are approved they are tasked with promulgating visas.

This brings us to the issue of Thai visa extensions. For many foreign nationals working in the Kingdom of Thailand a visa extension is necessary in order to remain in the Kingdom long term. Some opt to use multiple entry visas, but generally, these visas are not convenient for those who wish to remain uninterrupted or eventually apply for Thai Permanent Residence.

In recent months there has been some discussion among Thai government officers about tightening up the Ministry of Labour regulations regarding foreign workers. Apparently, new rules will go into effect in February 2010 which would make Thai work permit rules more stringent. This will likely have a collateral impact upon those seeking Thai visa extensions as work permit renewal is usually required by Thai Immigration before they will extend a Thai visa. At one time, the One Stop Service could be used by employees of companies with a high registered capital or BOI Companies. One Stop Service allowed foreigners to apply for both a work permit renewal and a visa extension at the same time.

However, One Stop’s jurisdiction has been significantly curtailed and the service itself is effectively non-existent for small businesses. Now, most foreigners wishing to renew their work permit and visa must do so by first making a trip to the Ministry of Labour and then traveling to the Royal Thai Immigration Police headquarters to extend the visa after work permit renewal. At this time, the process seems cumbersome, but there is some hope that the system will be streamlined so as to facilitate more efficient processing of work permits and visas.

Tags: BOI Company, Thai Business Visa, Thai permanent residence, Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand Visa, Thailand visa extension, Thailand Work Permit
Posted in Thailand Business, Thailand company, Thailand Visa, Upcoming Legislation | No Comments »

In a recent announcement posted on Thaivisa.com one individual renewing his visa in Thailand was taken aback by the fact that a Royal Thai Immigration officer wanted to test his knowledge of Thai before a Thai visa extension would be granted. To quote the posting directly:

“[I]went to pattaya/jomtien immigration today with all my paperwork to extend my ed visa (callen & walen) for the next 3 months. [A]ll ok on desk number 5 then she pass’s my paperwork to a desk behind her and moves me. [T]he lady starts talking to me in [T]hai, then tells me they are now testing applicants from there 2nd renewal onwards , ie after 6 months on a ed visa. [S]he stated my [T]hai was not up to scratch and that if i did not pass on the next renewal [I] would have my application refused next time. [S]he made it very clear they were now cracking down on ed visa applicants, not surprising really [I] guess with all the signs appearing claiming 1-10 year ed visa’s freely available.”

In recent years Thai ED visas have become extremely popular amongst those who wish to remain in Thailand for a long period of time without resorting “visa runs.” Many have speculated whether these visas would continue to be promulgated as easily as they have been up until this point. One of the popular reasons for obtaining such visas is based upon the applicant’s enrollment in Thai language classes. Until recently, Thai proficiency examinations were not required in order for foreign nationals to remain in the Kingdom on ED visas, but as the above quotation points out, this is no longer the case as Thai immigration officers seem to increasingly demand that applicants for ED visa renewal show some sort of proficiency in the Thai language.

A Thai visa classified as “ED” can be a useful travel document for a student in Thailand, but they are not particularly useful for those who wish to obtain a Thai work permit. Under current Thai immigration and labor regulations it is very difficult to obtain a Thai work permit if the applicant is present in the Kingdom on an ED visa. In some limited cases it may be possible to obtain a work permit on an ED visa if the work is in connection with the applicant’s school. For those interested in working or owning a business in Thailand it may be wise to apply for a Thai business visa as this document can be used, in conjunction with other documentation, as a basis for submitting a work permit application.

Tags: ED Visa, Ed Visa Thailand, ED Vise Thai, Royal Thai Immigration, Thai Business Visa, Thai ED Visa, Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business Visa, Thailand ED Visa, Thailand Immigration, Thailand Visa
Posted in Thailand Visa, Upcoming Legislation | No Comments »

Many long term expatriates in Thailand eventually begin to think about the possibility of applying for Thai Permanent Residence. As with many things in Thailand, acquiring Thailand Permanent Residence can be a very time consuming proposition and failure to maintain one’s Immigration status prior to the submission of a Permanent Residence application could result in major delays and frustration.

Although it can be somewhat simple to obtain a short term Thailand visa (Thai tourist visa, ED visa, etc), obtaining a long stay Thai visa can be extremely difficult in some situations. For many, obtaining a Thai business visa can be a daunting endeavor. Even more difficult is the visa extension process which requires a great deal of documentation for those who are seeking to extend a validly issued Thai business visa.  For those who are staying in Thailand on a visa that is based upon a relationship to a Thai national, the extension process generally requires less documentation, but does require a showing of financial sufficiency.

The reason the extension process is mentioned above is due to the fact that it has a critical impact upon the Permanent Residence application. Under current Thai Immigration regulations a foreign national in Thailand must have maintained at least 3 years of unbroken visa status in Thailand in order to be eligible for Permanent Residence. This means that the foreigner needs to have had 3 visa extensions with no “gaps” of unlawful presence.

Maintaining said status for three years can be a difficult task particularly for those who are employed by multiple companies. One in this position must make certain that their visa status remains unbroken despite changes of employment and/or visa sponsorship. For the self-employed who own their own Thai Company and use it to maintain a Thai visa and work permit, this is less of an issue. Even then, one should keep a close eye upon one’s visa status.

A common question with regard to Thai Permanent Residence and prior visa status involves the Thai Reentry Permit. A Thai reentry permit allows a foreigner to leave the country and return while still maintaining the same visa status. If a reentry permit is obtained then lawful status can be maintained and so long as it is maintained for 3 or more years the visa holder may apply for permanent residence in Thailand provided the other requirements are met. If a visa holder does not return to the Kingdom to maintain their status they will fall out of status and subsequently become ineligible for Permanent residence.

Tags: Thai Business Visa, Thai permanent residence, Thai Visa, Thai Visa Extension, Thailand Business Visa, Thailand Permanent Residence, Thailand Visa, Thailand visa extension
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | No Comments »

In Thailand, any foreign national who wishes to be employed in the Kingdom must first obtain a work permit. Any Thai company that wishes to employ a foreigner must first meet certain requirements before the Thai Ministry of Labour will issue a work permit to a foreign national. Most notable among the requirements: any company employing a foreigner must have at least 2 million baht in registered capital (There may be exceptions for those with Thai Permanent Residence or an O visa based upon marriage to a Thai national). For the most part, employees in Thailand will only have one employer. However, sometimes situations arise where a foreign worker wishes to take up a second job. In this case a second employer will need to be noted in the work permit booklet.

There is a common misconception that a Thai work permit allows a foreigner to work anywhere in any capacity within the Kingdom of Thailand. Unfortunately, this is not the case, the work permit simply allows the foreigner to be engaged in the specifically noted activity stipulated in the work permit. Further, the work permit only allows the foreigner to be employed at the place of employment noted in the work permit booklet. Therefore, the address of the employer could be inferred as the only location where the foreigner is eligible to work.

Should secondary employment be sought by the foreigner, then it may be possible have another employer noted in the foreigner’s work permit. However, the first employer must agree to have a second employer noted therein. Further, the activity specified in the permit must be in conformity with the employment restrictions in the Thai Foreign Business Act. This legislation restricts foreigners from engaging in certain business activities in the Kingdom of Thailand.

The addition of a second employer should not have an impact upon the foreign national’s visa status in the Kingdom provided the original employer continues to meet the Thai Immigration rules regarding requirements for sponsorship of a Thai visa extension. Basically, the foreign national will continue to maintain one visa (sponsored by the original employer), but will have two work authorizations (one for the original employer and another for the secondary employer).

In a case where the original employment is ending, but the foreign national wishes to continue to reside in the Kingdom and work for what had been his second employer, a new Thailand visa extension could be issued if the foreigner quickly petitions for such an extension (it usually must be within 7 days) and the secondary employer meets the requirements for sponsoring a Thai visa extension.

Tags: Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business, Thailand company, Thailand Visa, Thailand visa extension, Work Permit, work permit Thailand
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | 1 Comment »

There are many expatriates living in the Kingdom of Thailand who opt to run their own business(es). In cases where the expat is not married to a Thai national, then it is highly likely that a Thai business visa will be used in order to remain in the Kingdom long term. A somewhat tongue-in-cheek question that often arises in the context of Thai business is: why do I need to pay my taxes? Although no one actually expects to be granted some sort of tax amnesty, the fact remains that no one really relishes paying taxes. It can be even more difficult when one takes into account the fact that Thailand is predominantly a cash based economy. However, for expats basing their visa status upon small business ownership in the Kingdom, visas and taxes are inexorably linked.

Each year, each and every limited company in Thailand must submit an up-to-date balance sheet reflecting the profits and losses for the previous fiscal year. The managing director of a Thai limited company can do themselves a great disservice by failing to submit a yearly balance sheet as this can be punishable by strict sanctions and fines. Thailand, like many nations, imposes a corporate tax upon nearly all legal entities operating within the jurisdiction of the Kingdom of Thailand.  Further a corporate witholding tax is required for certain transactions.

In Thailand, the most well known method of taxation is the Value Added Tax (aka VAT). The government places a value added tax of seven percent upon most goods and services. The consequences for a business that fails to pay these taxes can be severe.

The reader is likely asking themselves: “Ok, I understand, Thailand has taxes, but how does this effect my Thai visa?” One of the major concerns of Thai Immigration officers is that those present in the Kingdom of Thailand on a business visa will use a “shell company,” in order to maintain Business visa status. In order to forestall such chicanery, Thai Immigration routinely looks at the tax records of companies that employ foreigners. This mostly occurs when the foreign national attempts to obtain a visa extension or a visa extension renewal. This type of scrutiny can also occur at the Ministry of Labour when a foreigner submits an application for an extension of his or her Thai work permit. In cases such as this, it is always better to have a good record of tax payment as this can greatly facilitate the quick issuance of a Thai visa or work permit.

Tags: Thai VAT, Thai Visa, Thai Visa Extension, Thailand Immigration, Thailand taxes, Thailand VAT, Thailand Visa, Thailand Work Permit, VAT
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | No Comments »