Integrity Legal

In a recent announcement in the Royal Thai Gazette, it came to this blogger’s attention that new regulatory protocols are likely to soon take effect with respect to foreign labor in Thailand. Below is an English translation of the announcement, for the full un-translated announcement please see the aforementioned link:

Dated November 2,

Order of the Security Council

On Proving the Identity of foreign labour

As the system which is presently used for screening some category of people who enter the Kingdom cannot provide enough proof of identity which is needed to protect the stability of the country. Presently, many people are coming into the country to work as labour, both legally and illegally and it is not easy to confirm the identity of the labour force. The collection of the data which is needed to confirm the identity is presently confusing because the responsibility for the information is scattered between various departments depending on the duty and authority of the person involved.  Also, different methods are used creating confusion and delays in accessing the data if needed.  Therefore, a committee will be set up to oversee the collection and storage of data from the workers and set up a date base with all the history clearly shown. A system will be set up which will be legal and also maintain the confidentiality of the information and also prevent the information from being used against the wishes of each person. This is to prevent any destruction of the peace and also to ensure the safety of the country, in labor, economy and society.

The order following Matra 265 of the Constitution of Thailand and section 44 of the Constitution of Thailand (temporary) is as follows:

1. Committee refers to the Committee who will study how the data should be kept.

“22 provinces along the coast refer to Krabi, Chantaburi, Chachoengsao, Cholburi, Chumporn, Trat, Trang, Nakornsritammarat, Naratiwas, Prachuab, Pattani, Panga,  Petchburi, Phuket, Ranong, Rayong, Songkla, Satul, Samutprakarn, Samutsongkram, Samutsakorn and Surattani.

2. The member of the Committee are comprised of …………[list of committee members]

3. Duties  and Authority of the Committee

(1) Consider a method to set up a system to prove the identity of the immigrant laborers by collecting and keeping the data of the laborers in the fishing sector which the Harbor Department and the Labour Department are both handling at the moment. (2) Appoint a department which will have the duty and authority to collect the data which contains the relevant information on the identities including setting the criteria and method to be used and also linking the various agencies involved in collecting, maintaining, and proving the identities of the immigrant laborer so the data can be accessed conveniently and efficiently.

(3). Appoint a department which will have the duty and authority of saving the data under no (1) and (2) so it is safe and trustworthy enough to use in proving the identity of the laborers.

(4) Carry out duties delegated by the Prime Minister

4. The method of saving the data referred to in 3 (1) should commence with data of immigrant laborers in the fishing industry and sea food factories in the 22 coastal provinces. This must be completed by 31 March, 2018.

The committee may expand the area to include additional provinces as instructed by the Cabinet.

5. With regards to labor in other sectors, the committee should advise the Cabinet as to which department is responsible for the collection and saving of data and the time frame required to complete data base.

6.  The data on immigrant laborers already collected by the Labor Department prior to this new announcement should continue to be used until instructed otherwise by the Committee.

7. The Department of Budget should consider how much budget the Committee and departments authorized by the Committee will require to carry out the instruction.

8. If the Prime Minister or Cabinet member deems it necessary, the Council for Peace (not sure of the name) are allowed to change these instructions.

9. This instruction comes into force on the day of announcement.

The above translation should not be construed as a definitive interpretation of the material in Thai, but is simply provided for informational purposes of a general nature.

Although it appears that this announcement pertains specifically to migrant labor in the fishing sector it remains to be seen whether or not this announcement could have an impact upon labor matters in Thailand more generally. Meanwhile, as has been pointed out in prior postings on this blog regarding Thai work permit protocols: Thai labor regulation, and the enforcement thereof, has become increasingly strict in recent months. A previously proposed overhaul of the labor regulations and fines has been put on hold until the beginning of 2018 in order to allow employers and migrant labor time to adjust to the new regulations. How the enforcement mechanism will operate from January 2018 onward remains to be seen, but if the above announcement is any indication, the Labor authorities in Thailand appear committed to tracking and monitoring foreign workers in Thailand.

Tags: Royal Thai Gazette, Thai Visa, Thai Work Permit, Thai Work Visa, Thailand Business, Thailand Business Visa, Thailand company, Thailand Labor Ministry, Thailand Labour Law, Thailand Visa, Thailand Work Permit, Thailand Work Visa, Working in Thailand
Posted in Thailand Work Permit | 1 Comment »

If there is one overriding notion that can be gleaned from the whole of this blog it should be this: over time the process of obtaining immigration and work authorization benefits (regardless of the nation in which such benefits are sought) tends to get more time consuming and difficult over time.

In Thailand, over the course of recent months there have been dramatic changes to both the Thai visa process as well as the process by which Thai work permit authorization is granted.

Initially, this trend began with the promulgation of the so-called “Good Guys in Bad Guys Out” policy which was initiated by a newly appointed Thai Immigration Chief. At first, the program focused upon those who were clearly in Thailand with less-than-optimal intentions. In fact, the beginning of the sea change in immigration policy could be said to have occurred when there was a rather significant round-up of suspected criminals and over-stayers which culminated in significant numbers of deportations. Quickly thereafter it became clear that those wishing to effectively live in Thailand using things such as 30 day stamps and tourist visas would be a thing of the past as a clear cap was placed on issuance of 30 day visa exemption stamps and those with multiple tourist visas began to become the subject of enhanced scrutiny at border check points. This scrutiny has been recently evidenced by the fact that those entering Thailand on tourist visas with a history of multiple tourist visas are being asked to show that they have 20,000 baht in their possession at the time of entry into the Kingdom.

Meanwhile, recently promulgated legislation has created more severe penalties with respect to working illegally in Thailand. Enhanced civil and criminal penalties are at the forefront of the recent changes. As of the time of this writing a sort of moratorium has been placed upon the implementation of these new rules, but it has been made very clear by relevant authorities that these new provisions are set to come into effect as of January 1, 2018. It is this blogger’s opinion that the moratorium was only enacted to stem the exodus of migrant workers from neighboring countries and will effectively have no bearing upon foreign workers in Thailand from Western countries or countries further afield than those which border the Kingdom.

What can be taken from these developments? First, certain aspects of the immigration and work authorization regimes were outdated and needed to be upgraded. Meanwhile, Thai authorities have made it clear that they expect those who wish to live and work in Thailand to make appropriate efforts to obtain proper immigration and employment documentation. Where there was something of a lax attitude regarding these issues in the past such laxity cannot be expected to exist moving forward. Therefore those wishing to live and work in Thailand in the future are well advised to do substantial research before traveling to Thailand and after ascertaining the correct legal documentation, take necessary steps to only be physically present in Thailand on appropriate documentation.

Tags: Royal Thai Immigration Police, Thai Visa, Thai Work Permit, Thailand Ministry of Labor, Thailand Visa, Thailand Work Permit
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It recently came to this blogger’s attention that there are new penalties associated with violation of the laws and rules regarding foreign nationals working in Thailand as set forth by the Thai Ministry of Labor. Specifically on June 22 of 2017 an Emergency Decree was promulgated stipulating some new rules and new penalties associated with both new and old regulations. Please see below for a distilled translated summary of the important points noted in this recent decree:

1. Should an employer employ a foreign national to work in a position specifically restricted to Thai nationals, such employer shall be fined between 400,000 and 800,000 Baht per employed foreign national.
2. Should an employer allow a foreign national to work outside the scope of the employment specifically noted in the work permit they shall be fined no more than 400,000 Baht for each employed foreign national.
3. Should a foreign national work without first obtaining a work permit or work in a position specifically restricted to Thai nationals, they may be subject to imprisonment of no more than five years and/or fined between 2,000-100,000 Baht, or both.
4. Should a foreign national work on a matter which is deemed immediate and important and do so without acknowledgment of a Labour Ministry officer by receiving form WP-10, they may be fined not more than 100,000 Baht.
5. Should a foreign national work outside the scope of the job description set forth in the work permit, they may imprisoned not more than 6 months and/or fined not more than 100,000 Baht, or both.
6. If an individual, through deceptive means, explicitly or implicitly advertises that they are able to bring a foreign national to work in Thailand in a dmestic capacity without a work permit, they may be imprisoned 3-10 years and/or fined 600,000-1,000,000 Baht, or both.
7. Anyone found operating as a foreign job placement agency without a proper license shall be subject to possible imprisonment for 1-3 years and/or fines ebtween 200,000-600,000 Baht, or both.
8. There appears to be a deposit/pre-authorization requirement being imposed by this decree, but the implications of this section are somewhat unclear. We will update this posting or post again to provide clarification on this point if necessary.

It should be noted that the above summary and translation is for informational purposes only and should be viewed as neither exhaustive nor as a substitute for fully analyzed legal research and translation. Those interested in delving further into this topic are urged to view the full decree in its entirety by following this link provided by the official wesbite of the Royal Thai Gazette.

As has been noted, in recent weeks and months there has been increased scrutiny from the Royal Thai Immigration Police with respect to Thai business visa applicants in the form of surprise inspections. This recent announcement regarding heightened penalties associated with imporperly obtained Thai work permits leads this blogger to infer that heightened scrutiny and possible inspections could be imposed upon foreign nationals working in Thailand in the relatively near future.

Tags: Corporate Services, Thai Business, Thai Company, Thai Visa, Thai Work Permit, Thailand Business, Thailand Business Registration, Thailand company, Thailand company registration, Thailand Work Permit, Work Permit, Working in Thailand, WP1, WP10, WP3
Posted in Thailand Work Permit | No Comments »

It recently came to this blogger’s attention that the officials of the Royal Thai Immigration Police have made policy changes regarding passport holders of certain countries. It appears that passport holders from 37 different countries will now be able to obtain a 30 day visa exemption stamp by crossing a land border into Thailand. The recently announced list includes the following countries:

Australia, Austria, Belgium, Bahrain, Brunei, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Kuwait, Liechtenstein, Luxembourg, Malaysia, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Qatar, Singapore, Slovakia, Slovenia, Spain, South Africa, Sweden, Switzerland, and Turkey

It should be noted that most holders of passports on the above list were already eligible to receive 30 day exemption stamps when arriving at one of Thailand’s many international airports. However, 30 day exemption stamps were apparently not available when arriving at land borders. While this liberalization is likely welcome news to prospective tourists who wish to travel to countries surrounding Thailand it should be be analyzed in conjunction with recent announcements regarding so-called border runs.

As previously noted on this blog and other sites, Thai border runs are effectively a thing of the past as recent laws have been enacted which bar individuals from making border runs more than 2 times per calendar year. Although this new rule is unlikely to impact genuine tourists in Thailand, those who have used ostensibly temporary visas and visa exemption stamps to live in Thailand are likely to find maintaining their status in this way to be very difficult in the future. This news comes at the same time as a number of foreign owned or managed businesses in Thailand are reporting significant increases in immigration inspections as well as well known hostels are being raided by those seeking not only criminals, but over-stayers in particular. How this will all play out in 2017 remains to be seen, but one thing is certain: staying long term in Thailand is becoming increasingly difficult, expensive, and time consuming.

Meanwhile, as Thai Immigration cracks down, it appears that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has made new regulations regarding the forms which must be submitted in connection with petitions for various immigration benefits. Forms such as the I-130 (associated with spousal immigration petitions for visas such as the CR-1 or the IR-1) have been upgraded and apparently the USCIS will no longer accept forms of an older pedigree. The same is apparently true with respect to the I-129f (the form associated with the K-1 visa used to bring fiancees of American Citizens to the USA) as that form has been updated.

Concurrently, it appears that there has been an across-the-board increase in the fees associated with the filing of certain immigration petitions. It is advised that those interested in this matter either speak with a qualified professional or conduct their own research to ascertain the current costs and fees associated with a visa to the USA.

Tags: 30 day visa exemption, CR-1, CR-1 Visa Thailand, IR-1, IR-1 Visa Thailand, K-1 Visa, K-1 Visa Thailand, K1 Visa, Thai border run, Thai land border, Thai Visa, Thai visa border run, Thai visa exemption, Thailand border run, Thailand Visa, US Immigration, USCIS
Posted in CR1 Visa, IR1 Visa, K1 Visa, K1 Visa Thailand, Thailand Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Many senior citizen expatriates living in Thailand are familiar with the Thai retirement visa. However, in recent weeks new information has come to light regarding possible changes to the retirement visa category. According to the Bangkok Post, the government in Thailand is willing to allow for a visa scheme which will provide individuals age 50 or older with a visa that could last for a duration of 10 years. To quote directly from the Bangkok Post:

The cabinet on Tuesday extended to 10 years from one the long-stay visa for foreigners aged 50 or more but they must report to immigration police every 90 days. The visa will be valid initially for five years and could be renewed for another five, Col Apisit Chaiyanuwat, vice minister at the Prime Minister’s Office, said.

It should be noted that as of the time of this writing, this blogger has yet to see this new visa scheme implemented in practice. However, it appears by all accounts that the government is serious about eventual implementation. According to the Bangkok Post and other sources the new visa fee will be 10,000 baht for these “extended retirement visas” and the applicant for such a visa will need to be able to demonstrate that he or she has maintained a bank balance of at least 3 million baht in a Thai bank account for one year prior to the application for such a visa. Of keen interest to many expats in Thailand is whether this scheme is intended to supplant the currently existing scheme granting 1 year Thai retirement visas. As of the time of this writing it appears that this newly proposed system will not have an impact on the 1 year retirement visa framework which is already in place, but will instead operate parallel to the current regime.

Meanwhile, while on the one hand the Thai government appears willing to provide more ease to certain individuals staying long term in Thailand, on the other hand the Immigration authorities seem very serious about keeping certain foreigners out of Thailand. According to a posting on the Stickboy Bangkok website, it appears that the era of so-called “visa runs” or “border runs” has finally come to an end once and for all. As noted on that site, it appears that new immigration rules have been promulgated through publication in the Royal Thai Gazette. It appears that the new rules will only allow 2 “border runs” per year. This will effectively put an end to the system of maintaining lawful status in Thailand by simply traveling outside of Thailand via overland border crossings and immediately coming back into the Kingdom.

It should be noted that the apparent ban on border running only applies to exemption stamps (the 30 or 15 day stamps granted to those of certain nationalities who arrive at a Thai border without a visa). It does not apply to multi-entry tourist visas or multi entry non-immigrant visas such as the business visa. It should be noted that the recent changes being implemented regarding border runs and the new enforcement of blacklisting foreign nationals who overstay in Thailand longer than 90 days creates a far less lax attitude toward immigration matters in Thailand.

Tags: 10 year retirement visa, 10 year Thai visa, Retirement visa, Thai border run, Thai Retirement Visa, Thai Visa, Thailand border run, Thailand Retirement Visa, Thailand Visa, Thailand visa run
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In a previous posting on this blog the issue of one year multiple entry Thai visas issued at Royal Thai Honorary Consulates in the United Kingdom was discussed. It appeared at that time that honorary Consulates were no longer allowed to issue such travel documents as they could only be obtained from the Royal Thai Embassy in London. This same trend appeared across the Channel as Honorary Thai Consulates on the Continent apparently were also being foreclosed from issuing Thai multiple entry visas. Events since that previous wrting have proven that the only method of obtaining a multiple entry visa for Thailand arises from applying for such a document via an Embassy or non-honorary Consulate.

As of this time of this writing, it seems that the aforementioned trend in Europe has spread to North America. A recent posting on the website of a Royal Thai Honorary Consulate in the United States of America reads:

EFFECTIVE AUGUST 15, 2016, WE ARE NO LONGER ABLE TO ISSUE MULTIPLE ENTRY TOURIST OR NON-IMMIGRANT VISAS. YOU MAY APPLY FOR SINGLE ENTRY TOURIST, TRANSIT, AND NON-IMMIGRANT O, B, OR ED VISAS ONLY. YOU MAY APPLY FOR MULTIPLE ENTRY VISAS AT THE LOS ANGELES CONSULATE OR THE ROYAL THAI EMBASSY IN WASHINGTON, DC

Although this message cannot necessarily be assumed to apply to all similar posts in the USA or Greater North America, a trend is appearing. It seems logical to infer that in the future it will no longer be possible to obtain long term multiple entry Thai visas from Honorary Consulates. This situation should not be misunderstood: there appears no reason to assume that Embassies and Consulates (which are not honorary appointments) will be precluded from issuing such travel documents. On the contrary, the trend appears to support the conclusion that such posts will be the exclusive issuers of such documents.

For those unaware, in recent months an announcement has been made that Thai Embassies abroad would begin issuing 6 month multiple entry tourist visas. However, it appears that much like non-immigrant visas such travel documents will only be issued from non-honorary posts. There are a few main visa categories commonly utilized by those wishing to remain in the Kingdom long term: Thai Business visas, Thai Retirement visas, Thai O visas (for family members of Thai nationals), and Thai Education visas. If one is seeking a Thai visa of any of the aforementioned categories and wish said document to be issued with a one year validity and multiple entries allowed, then it appears the only way to obtain said visa would be to apply at either a Thai Embassy or regularly established Consulate.

Tags: Royal Thai Embassy in London, Royal Thai Honorary Consulate, Royal Thai Honorary Consulates in the United Kingdom, Thai B Visa, Thai Business Visa, Thai Business visas, Thai ED Visa, Thai Education Visa, Thai Education visas, Thai O Visa, Thai O Visas, Thai O-A visa, Thai Retirement Visa, Thai Retirement Visas, Thai Visa, Thai Visas, Thailand B Visa, Thailand ED Visa, Thailand O-A visa
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In prior postings on this blog the issues of Thai immigration law and immigration enforcement have been discussed. In a rather recent posting it was noted that Thai immigration is placing increased scrutiny upon those seeking marriage visas (officially referred to as Thai O visas) in the Kingdom. It appears that after discovery of a spate of sham marriages perpetuated in order to obtain Thai immigration benefits, Thai immigration authorities began to subject Thai marriage visa applications to more intense scrutiny. This matter apparently remains a top priority of immigration officials in Thailand as a recent article in the Bangkok Post points out that high ranking officials with the Royal Thai Immigration Police have issued new directives with respect to this issue:

Pol Lt Gen Nathathorn warned officers against dishonest acts as he listed the bureau’s action plans to screen foreigners in the country illegally…He ordered immigration officers to investigate if authorities colluded with foreigners to help enable sham marriages.

This news comes amidst the recent revelation that the so-called “border run” method of maintaining lawful immigration status in Thailand is coming to an end. In a recent posting on the Love Pattaya Thailand website it has been noted that as of August 13th 2016 the days of visa running to obtain a 15, 30, or even 60 day stamp is coming to an end. To quote directly from the aforementioned website:

The Immigration Bureau have already told the officials to refuse entry to foreigners on visa runs as a measure to stop the exploitation of tourist visas and visa exemptions to live or work here. Tourists wishing to extend their stay in Thailand must now need to exit the country and apply for a proper tourist visa

In the past, one could hope to obtain a new thirty day stamp at the airport in Thailand so long one was willing to fly out of the country and immediately get on a plane and fly back in. It appears that this is no longer feasible as so-called “fly-out/fly-in” visa runs will be discouraged following August 13th to the point where presumably such travelers will be turned away and not permitted to reenter the country without a duly issued visa from a Royal Thai Embassy or Consulate abroad.

Meanwhile, Japan just recently solidified her position as the number one tourist destination of people from Southeast Asia. Japan tops the list of most favored tourist destinations among Thai nationals. It appears that Thai tourism numbers in Japan has been on the upswing since the easing of visa rules for Thai nationals including 15 day visa free travel.

This news comes at the same time as news that Taiwan is allowing Thai tourists to travel visa free to that country starting August 1st. It will be interesting to see if this move has a positive impact upon the tourism sector in Taiwan.

Tags: 15 day stamp, 30 day stamp, 60 day stamp, border run Thailand, fly in/fly out, in/out visa, Marriage Visa, Royal Thai Immigration Police, Sham Marriage, Thai border run, Thai Immigration, Thai Marriage Visa, Thai marriage visa application, Thai O Visa, Thai Tourist Visa, Thai Visa, Thai visa run, Thailand Immigration, Thailand Marriage Visa, Thailand o visa, Thailand Tourist Visa, Thailand Visa, Thailand visa run, Visa free, visa run Thailand
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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.

Tags: marriage of convenience, O visa, O Visa Thailand, Overstay in Thailand, Royal Thai Immigration Police, Sham Marriage, Thai B Visa, Thai Business Visa, Thai Immigration, Thai Marriage Visa, Thai O Visa, Thai Visa, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand Immigration, Thailand Marriage, Thailand Marriage Registration, Thailand Marriage Visa, Thailand o visa, Thailand Visa, visa overstay, visa overstay Thailand
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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.

Tags: 2 year Thai work permit, 2 year work permit Thailand, 90 day overstay, 90 day overstay Thailand, blacklist, journalist visa Thailand, M visa, Overstay Thailand, Thai blacklist, Thai Department of Employment, Thai M visa, Thai Visa, Thai Work Permit, Thailand Blacklist, Thailand Department of Employment, Thailand M visa, Thailand Visa, Thailand Work Permit, visa overstay, visa overstay Thailand, Visa Thailand
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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.

Tags: blacklisted Thailand, Immigration Blacklist, Immigration Blacklist Thailand, overstay, Overstay in Thailand, Thai blacklist, Thai Business Visa, Thai Education Visa, Thai Immigration, Thai Immigration 24/7 Center, Thai Immigration 24/7 Centre, Thai Retirement Visa, Thai Tourist Visa, Thai Visa, Thailand Blacklist, Thailand Immigration, Thailand Overstay, Thailand Tourist Visa, Thailand Visa, visa overstay Thailand
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