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Integrity Legal

Posts Tagged ‘Thai Visa’

23rd March 2015

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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20th August 2014

The Thailand Easy Access Card

Posted by : admin

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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21st July 2014

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.

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2nd July 2014

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.

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15th May 2014

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.”
However, there may be room for some discretion by Immigration officers to allow legitimate tourists back into the country on an exemption stamp as the General further noted:
“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.”
Clearly, those without a plausible reason for remaining in Thailand could face severe sanctions. These efforts appear to be less focused on business or marriage visa holders and instead directed at those who use the current Thai visa exemption system and tourist visa system to illegally work in Thailand as the General further pointed out:
“Lots of nationalities come to Thailand on tourist visas but they come to work. I really want them to do the right thing, not try to dodge around the law and evade taxes…If you are coming here not as a tourist, then please get the correct visa. Do it properly…”
This appears aimed primarily at visa exemption stamps, but as noted above even those with an actual tourist visa could be affected. This blogger has learned anecdotally that some travelers with multiple entry tourist visas have been stopped at the border and, in some situations, apparently turned away if they have multiple tourist visas in their passports. How this will impact tourism remains to be seen, but it is clear that those wishing to remain in Thailand for a long period of time should obtain a long term visa or visa extension in the category that fits with their intentions. Currently, it is possible to remain in Thailand for one year intervals by obtaining a Thai business visa, a Thai ED visa (Education), a Thai Marriage Visa, or a Thai retirement visa.  In some cases, long term multiple entry visas in the aforementioned categories can be obtained at Thai Embassies and Consulates abroad. However, regulations regarding such travel documents have become more stringent in recent years when compared with the past. It appears immigration and the Ministry of Foreign Affairs would prefer that a foreign national obtain a 90 day visa abroad and thereafter apply for a Thai visa extension once in the Kingdom.
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25th April 2014

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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12th January 2014

During the early morning hours on Monday January 13th in Bangkok protestors calling for the resignation of the current Thai government commenced their “Operation: Bangkok Shutdown”. It appears from initial reports that 7 key intersections in Bangkok have been blocked including areas near government facilities. Protest leaders have noted their intention to continue the shutdown until the end of January. Should their demands be met, the shutdown may end sooner. The administration of this blog will not comment upon the politics behind these recent developments (leaving that task to news sites and political commentators). However, it is important to note that this situation will likely cause delays in government services, especially those sought in the Bangkok Metropolitan area.

The Thai government has taken measures to deal with the inconvenience this situation may cause. Most notable to foreign nationals in Bangkok was the recent announcement that provisional immigration offices have been established to deal with visa matters for foreign nationals unable to travel to the usual immigration offices located in facilities which are likely to be blocked by the protestors. The Office of the Royal Thai Immigration Police made the following announcement:

ADDITIONAL OFFICES DURING THE DEMONSTRATION SITUATION

Due to the demonstration, please be known that Immigration Services for all foreigners are also provided at ::

1. Immigration Service Center for 3 national Legalized Labors, Major Hollywood Suksawat, 1st Floor,
Suksawat Road, Ratburana, Bangkok.
2. Immigration Service Center for 3 national Legalized Labors, Imperial World Ladprao, 5th Floor,
Ladprao Road, Wang Tong Lang, Bangkok.

This temporary service will be started from January 13rd, 2014 until the better situation. We apologize for inconvenience.

Many foreign nationals remain in the Kingdom of Thailand on long term visas such as business visas, retirement visas, and marriage visas. Those present in the country for periods longer than 90 days are required to check in with immigration officials. Therefore, the current situation could adversely impact those wishing to travel to immigration offices for their quarterly “90 day check-in”. Furthermore, foreign business owners in Bangkok are likely to have issues not only in procuring government services, but also with logistics as a result of the demonstrations.

Hopefully, the situation in Bangkok will be resolved quickly and peacefully. In the meantime, it may be necessary to schedule extra time when traveling throughout the city and foreign nationals are encouraged to stay away from protest areas. The administration of this blog will continue to post updates regarding this situation as developments evolve.

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13th September 2013

It appears that Thailand intends to implement an E-visa system by the year 2015, Thailand Television Channel 3 is reporting. Apparently, the plan will allow visa seekers to apply for a Thai visa online. Currently, those seeking tourist visas and non-immigrant visas (such as the Thai business visa, the Thai O visa, and the Thai ED visa) are required to apply at the nearest Royal Thai Embassy or Royal Thai Consulate in their country of origin or residence. As of the time of this writing, it is not clear which visa categories will be available online. It is also unclear whether passport holders from all countries outside of Thailand will be eligible to apply for an e-visa online, or if e-visa application will be restricted to foreign nationals from certain jurisdictions. In contrast to the current method of obtaining a Thai visa, which requires a physical visa stamp or visa sticker being placed in a traveler’s passport, the new system will not require any stamp or sticker in the passport itself. Instead, the proposed plan will create a system where the e-visa will be connected to the traveler’s passport number via computer and thereby accessible to Royal Thai Immigration officers as well as airline personnel.

The topic of e-visas was recently raised by officials at the Thai Ministry of Foreign Affairs after a spate of incidents occurred which resulted in the disappearance of a number of Thai visa stickers destined for various Thai Embassies and Consulates abroad. It is thought that by creating an e-visa protocol the security of both the Thai Immigration and the Thai Foreign Service systems would be enhanced.  As pointed out  previously on this blog, Thai Honorary Consulates abroad have been in the process of changing their visa processing procedures as heavier scrutiny seems to be being placed upon long term Thai visa applicants. The proposed e-visa system may be implemented in order to provide prospective travelers with both a convenient avenue for obtaining a Thai visa as well as a system which maintains the integrity of the Thai visa application process.

Currently, it is possible for foreign nationals of some countries to enter the Kingdom of Thailand without applying for a visa since Thai Immigration officials routinely grant 30 day visa exemption stamps to many travelers arriving in Thailand by air, and 15 day visa exemption stamps to those being admitted into Thailand via a land border. Whether or not the new e-visa system will affect the current visa exemption system remains to be seen. Also, as noted previously, questions remain as to the types of visas which will be made available via online application. Thai Immigration officials have apparently noted that further information regarding specific aspects of the proposed e-visa program will be available in upcoming announcements.

On a regional level, many officials from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) have expressed a desire to promulgate a pan-ASEAN visa scheme which would allow holders of such visas to gain admission to multiple ASEAN countries on one travel document. As of now, the prospect of a single ASEAN visa scheme is still being discussed.

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29th August 2013

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.

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27th August 2013

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.

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