Integrity Legal

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law against foreign nationals overstaying their visas and those who remain in the country despite their visas having been revoked…Lt Gen Kongcheep added the foreign nationals identity database has to be integrated with the immigration screening facilities at border checkpoints and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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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
Posted in Amity Treaty, Thailand Business, Thailand Visa | No Comments »

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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In recent weeks there seems to have been some confusion related to the issue of overstaying one’s visa in Thailand. It would appear that there was a certain amount of consternation being created as a result of postings on the internet discussing Thai Immigration policies regarding overstay. Apparently, Thai Immigration authorities are heavily scrutinizing departing foreigners’ visas to ensure that those leaving the Kingdom of Thailand remained in lawful status for the duration of their stay and those not in lawful status at the time of departure must face legal consequences in the form of fines and possible incarceration. Penalties for overstay in Thailand have always been prescribed by relevant Thai Immigration law, but confusion seems to have arisen as a result of a posting on the internet stating that Thai Immigration procedures would be changing. However, the Phuket Gazette website phuketgazette.net subsequently reported that such speculation was incorrect. To quote directly from the Phuket Gazette:

Col Panuwat today told the Gazette, “I contacted the legal department at Immigration Bureau Headquarters on Soi Suan Plu in Bangkok, the Phuket Airport Immigration Superintendent and other authorities as well.”

“All have assured me that they are still following all the terms of the Immigration Act 1979, enacted on February 29 that year,” he said.

Under the Act, “any alien who stays in the Kingdom without permission, or with permission expired or revoked, shall be punished with imprisonment not exceeding two years, or a fine not exceeding 20,000 baht, or both.”

Penalties for Immigration violators can be rather severe, but in many cases individuals find that they have overstayed their visa by a matter of days. In a situation similar to this it is reasonable to believe that Immigration officers are unlikely to impose more than a fine on the offending party as they depart Thailand of their own accord. However, as the duration of one’s unlawful presence increases so too could one assume that the potential penalties might increase as well. Bearing that in mind, those pondering the overstay issue are wise to note that Royal Thai Immigration Officers have significant discretion in matters involving visas, admission to Thailand, and overstay in Thailand. As the aforementioned posting went on to note:

The Phuket Gazette notes that Immigration officers at checkpoints have always had complete discretion on what punitive measures to take with overstays, as specified above.

They can also deny entry to anyone arriving at a border checkpoint for any reason, even if the person arriving is in possession of a valid visa.

In the United States, Immigration matters are generally dealt with under Congressional plenary power and Immigration officers at the United States Customs and Border Protection Service (USCBP) are empowered with the authority to place prospective entrants into expedited removal proceedings or to simply deny a foreign national, even if said individual has a valid visa, admission to the USA. Thailand’s immigration rules are different from those of the United States, but one thing remains constant: Immigration Officers at any checkpoint throughout Thailand retain a great deal of discretion in matters pertaining to overstay under Thai law. Therefore, foreign nationals in Thailand should expect for overstay matters to be handled on a cases by case basis as each case is unique and no one has a right to remain in the Kingdom of Thailand without being in lawful status.

For related information please see: Thailand visa or I-601 waiver.

Tags: expedited removal, Overstay in Thailand, Plenary Power, Royal Thai Immigration, Royal Thai Immigration Police, Thai Visa, Thai Visa Overstay, Thai Visas, Thailand Immigration, Thailand Visa, Thailand Visa Overstay, Visa Overstay in Thailand
Posted in I-601 Waiver, Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Embassy Myanmar, Thailand Embassy Singapore, Thailand Visa, USCBP | No Comments »