Integrity Legal

It recently came to this blogger’s attention that the Association of Southeast Asian Nations (ASEAN), the regional bloc which includes Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Burma (Myanmar), Cambodia, Laos, and Vietnam, celebrated it’s 46th birthday. To quote directly from the website thepeninsulaqatar.com:

DOHA: Ambassadors of Association of Southeast Asian Nations (Asean) in Qatar were in accord, saying Asean will meet its target to integrate the 10 nations’ economies by end of 2015, as they celebrated the 46th Asean Day yesterday at the Vietnam Embassy…Singapore Ambassador Wong Kwok Pun cited some areas that Asean has made progress on the implementation of the Asean Charter. In particular, he pointed out Asean has made headway on disputes settlement mechanism, has been working towards the implementation of the roadmap for the Asean community, and taken big steps toward an integrated and sustained economic development…

The implementation of policies which would create an ASEAN Economic Community (AEC) has been an oft-discussed topic among business and legal professionals throughout Southeast Asia. This issue is such a significant topic because by creating a unified Southeast Asian marketplace the countries which comprise ASEAN would become one of the largest markets in the world virtually overnight. That stated, there is a great deal of debate as to whether or not the transition into a unified market will occur smoothly. Some argue that the disparate laws, regulations, and policies throughout the ASEAN member states will not easily coalesce into a workable framework for businesses to operate in the region until governments in ASEAN can implement local policies to bring their regulations in line with the other ASEAN nations. On the  other hand, some argue that because ASEAN leaders have adopted a slow approach to integrating the ASEAN economies the nations which comprise this trading bloc will be able to integrate within the larger body relatively quickly.

Of further concern to both foreign nationals as well as nationals from ASEAN member nations is the promulgation of a single ASEAN visa scheme. Presently, there is not a single visa which one can obtain which would allow the bearer to travel unfettered throughout the the whole of ASEAN. However, leaders in some of the ASEAN countries are looking to remedy this. To quote from the website aseanvisa.com:

Ministers and tourism authorities of the Philippines, Myanmar, Cambodia, and Indonesia have expressed their intention to collaborate with relevant government agencies and other stakeholders to facilitate travel in the region by developing a common smart visa system…According to www.smartvisa.travel, a smart visa is a digital paperless substitute for a traditional visa that can be obtained by a traveler from a travel agent or participating airline…

Clearly, steps are being taken to create some sort of travel document which would provide immigration benefits in multiple ASEAN nations simultaneously. The impetus behind the push for a single ASEAN visa seems to stem from two sources. First, many of the ASEAN nations would appear to view an ASEAN visa as a means of increasing tourism throughout ASEAN. This would appear to especially be a concern to officials in those Southeast Asian nations which do not benefit from high tourism as compared to their other ASEAN counterparts. By creating a visa which allows for access to more than one ASEAN jurisdiction tourist travel to some countries might increase as travelers are no longer deterred in making “side trips” to less popular destinations due to a desire to avoid the need to obtain another visa. Another consideration would appear to be business travel, as ASEAN economic integration continues to gather steam it stands to reason that more foreign nationals will need to visit multiple ASEAN jurisdictions in order to conduct business in the region. By implementing policies to provide for a single ASEAN visa, business travel may increase throughout the region.

The aforementioned article also mentions the recent decision by Thai and Cambodian Immigration authorities to provide a unified visa scheme for travelers wishing to visit those two countries. To quote further from the aseanvisa.com article:

It [the single ASEAN visa scheme] also builds on the single visa scheme for tourism travel between Cambodia and Thailand, which was implemented on January 1, 2013. Progressive relaxation and an Asean common visa would also benefit non-Asean nationals who intend to visit the Asean countries…

One can speculate whether or not the Thai-Cambodian visa scheme mentioned above will one day be consolidated into a pan-ASEAN visa scheme. There are certainly arguments as to the benefits of such an integration, most notably the probable increase in tourism to all of the ASEAN nations. However, one thing remains clear: it appears that virtually all leaders of the ASEAN nations are assiduously studying the ramifications of a single ASEAN visa scheme and should their findings prove that such a scheme would be a benefit to all of ASEAN; then it is likely that such a scheme will eventually come into existence.

For related information please see: Thailand visa.

Tags: AEC, ASEAN, Asean Charter, Asean common visa, ASEAN community, ASEAN Day, ASEAN Economic Community, ASEAN Visa, ASsociation of Southeast ASian Nations, Brunei, Burma, Cambodia, Cambodia Visa, Cambodian Immigration, Cambodian Visa, Indonesia, Laos, Malaysia, Myanmar, pan-ASEAN visa, Philippines, Singapore, Singapore Ambassador Wong Kwok Pun, single ASEAN visa, Single ASEAN visa scheme, smart visa, smart visa system, Southeast Asia, Thai Immigration, Thai Visa, Thai-Cambodian visa, Thailand, Thailand Visa, travel agent, Vietnam, Vietnam Embassy
Posted in ASEAN 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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It recently came to this blogger’s attention that the Ministry of Foreign Affairs in Japan has made a new policy regarding visa-free travel for Thai nationals. In order to explore this issue more fully it is necessary to quote directly from the official website of the Japanese Ministry of Foreign Affairs:

In celebration of the 40th Year of ASEAN-Japan Friendship and Cooperation, the Government of Japan has decided that from July 1, nationals of the Kingdom of Thailand in possession of ordinary IC passports who wish to enter Japan for a period not exceeding 15 consecutive days for short-term stay will be made exempt from the visa requirements. The further development of Japan-Thailand exchange is expected as a result of the exemption of visa requirements, including increases in the number of tourists from Thailand who visit Japan and the enhancement of the ease of business transactions between the two countries.

Prior to this announcement, Thai nationals wishing to visit Japan, even for a short period of time, were required to obtain a visa in advance. Although limited to only 15 days of visa-free lawful status in Japan, this policy change is likely to have a significant impact upon Thai-Japanese travel patterns with the upshot that Japan is likely to see a rise in Thai tourists visitng that country. The Japanese government also noted that visa-free travel privileges do not extend to all travelers wishing to visit Japan:

However, those entering Japan with intentions other than those noted above; or in other words, those who wish to stay in Japan for short-term stay of over 15 days or who wish to stay for purposes such as work, will be required to obtain visas in advance. In addition, this visa exemption applies only to those with an ordinary IC passport. Nationals of the Kingdom of Thailand who do not hold an ordinary IC passport continue to be required to obtain a visa.

Those interested in this recent announcement are encouraged to click upon the hyperlink noted above to view this announcement in detail. It would appear that although Japan is granting limited visa-free travel privileges to Thais these privileges are only to be used by those wishing to travel to Japan for short periods of time as tourists. In much the same way that Thailand grants Thai Visa Exemptions to passport holders from many different countries, but requires those wishing to work or reside in Thailand to obtain a long term visa (and later extension) prior to arrival; so too are Japanese officials attempting to make certain that those lawfully present in Japan are there only for short periods of time and not utilizing this privilege as a means of maintaining permanent presence.

For related information please see: Thailand Business Visa.

Tags: ASEAN, ASEAN-Japan Friendship and Cooperation, ASsociation of Southeast ASian Nations, exemption of visa requirements, Government of Japan, Japan Visa, Japan-Thailand exchange, Kingdom of Thailand, ordinary IC passports, Thai Visa, Thailand Visa, Visa Exemption, Visa free, visa requirements, Visa-free travel
Posted in ASEAN Visa, Thailand Visa | No Comments »

It has come to this blogger’s attention that Thai authorities may one day require that tourists traveling to the Kingdom of Thailand purchase health insurance prior to being granted entry, to quote directly from the website UPI.com:

Lawmakers in Thailand say they want all foreign tourists to be required to purchase travel and health insurance before arriving in their country. Thailand’s Public Health Ministry Wednesday proposed the measure…The health ministry has suggested the cost of health insurance coverage might be included in visa fees, Public Health Minister Pradit Sinthawanarong said at the meeting. Those visiting Thailand without visas would be required to buy insurance at immigration checkpoints or the fees could be added to the cost of airline tickets.

Although this policy is still in the discussion stage, if Immigration officials in Thailand eventually do decide to require foreign tourists to obtain health insurance then surely this would increase the costs associated with being granted entry to the Kingdom. Currently, those wishing to enter the Kingdom of Thailand for tourism purposes are required to obtain a Thai tourist visa. A single entry Thai tourist visa grants the bearer lawful presence in Thailand for 60 days, with an optional 30 day extension. It should be noted that foreign nationals from many countries can currently enter Thailand on a Thai visa exemption which is granted at an immigration checkpoint at the foreign national’s port of entry. In most cases a Thai visa exemption stamp in a foreign national’s passport will grant the bearer 30 days of lawful prensence in the Kingdom of Thailand.

Those wishing to travel to Thailand for the purpose of conducting business are required to obtain a Thai business visa which is categorized as a non-immigrant “B” visa by immigration authorities in Thailand. Once present in Thailand if the foreign national holding a business visa wishes to work then a Thai work permit must be first obtained before undertaking any type of labor in Thailand. Those traveling to Thailand to reunite with family may obtain a Thai “O” visa. This type of visa may allow the bearer to apply for a work permit depending upon the bearer’s circumstances. Foreign nationals wishing to retire in Thailand may obtain a Thai retirement visa which will permit the retiree to remain in the Kingdom for one-year intervals. However, those holding a retirement visa cannot apply for a work permit. Also, retirement visa seekers must be over the age of 50 and meet certain financial requirements. Some foreign nationals opt to travel to Thailand in order to receive schooling, in such cases it may be possible to obtain a Thai education visa (officially classified as an “ED” visa). It should be noted that in virtually all cases an ED visa holder cannot obtain a work permit.

For related information please see: Thailand Visa.

Tags: ED Visa, Ed Visa Thailand, health insurance, immigration checkpoint, O visa, O Visa Thailand, Public Health Minister Pradit Sinthawanarong, Thai Business Visa, Thai ED Visa, Thai Immigration, Thai O Visa, Thai Public Health Ministry, Thai Retirement Visa, Thai Tourist Visa, Thai Visa, Thailand Business Visa, Thailand o visa, Thailand Public Health Ministry, Thailand Retirement Visa, Thailand Tourist Visa, Thailand Visa, travel insurance
Posted in Thailand Visa | No Comments »

It recently came to this blogger’s attention that new attention is apparently being directed toward the positive aspects of backpacking in Southeast Asia. In order to shed further light upon these developments it is necessary to quote directly from an article posted on the official website of the Sydney Morning Herald:

Every now and then on the Laos hippy trail you spy a traveller wearing a T-shirt that reads “Been There Don Det”. Most people think it is yet another pun based on the ‘hilarities’ of the language barrier (see “Same Same But Different”) but actually it’s an inside joke for those who had ventured far enough south to visit a small island hidden in the mist of the Mekong River. South of the capital Vientiane, the Mekong breaks its banks creating an anarchic sprawl of islands called Si Phan Don, which translates to “4000 Islands”.

The administration of the web log recommends that these readers click on the relevant hyperlinks noted above to read this truly insightful article in further detail.

On a related note, it also came to this blogger’s attention that the Association of Southeast Asian Nations (ASEAN) appear to have signed a memorandum of understanding with India in an effort to boost tourism in the Southern Asia region. For further elucidation it is necessary to quote directly from The Jakarta Post via the Asia News Network:

Members of the Association of Southeast Asian Nations (Asean) and India have agreed to promote cooperation in tourism to help boost travel between the subcontinent and the Southeast Asian region. A memorandum of understanding (MoU) on tourism cooperation was signed by Aseantourism ministers and their counterpart during Asean Tourism Forum in Manado, North Sulawesi, on Thursday…

Again, the administration of this blog recommends that readers click on the hyperlinks noted above to gain full insight into this developing story.

Tourism seems to have been a traditional source of revenue in the for both the Kingdom of Thailand and the Greater ASEAN region. Hopefully the signing of the memorandum noted above will provide economic benefits for both the ASEAN region as well as the Indian Sub-Continent. That stated, with the increasing velocity of economic expansion in Asia as a whole there is strong evidence to suggest that tourism may prove to be simply a gateway to further economic integration between all of the global economies. How these trends will play out in the future remains to be seen. However, the benefits of tourism could arguably be a true “win-win” situation for both the tourist as well as the host nation. ASEAN itself is a prime example of how tourism and increasing levels of tourists can lead to more robust levels of economic activity as a whole.

For further information regarding legal issues in Southeast Asia please see: Legal.

For more general insights regarding visa issues in Thailand please see: Thai Visa.

Tags: ASEAN region, ASEAN Tourism, Asian Tourism, ASsociation of Southeast ASian Nations, Association of Southeast Asian Nations Tourism, India, Indian Sub-Continent, Indian Tourism, Kingdom of Thailand, Memorandum of Understanding, MoU, Thai Visa, Thailand Visa
Posted in ASEAN Business, ASEAN Visa, Cambodia Business, India Business, Indonesia Business, Laos Business, Malaysia Business, Myanmar (Burma) Business, Thailand Business, Thailand Visa, Vietnam Business | No Comments »

It recently came to this blogger’s attention that the Prime Minister of the Kingdom of Thailand made no comment regarding the possibility of a Cabinet reshuffle although she did note that attendance at upcoming children’s day festivities is apparently encouraged by the Thai government. To quote directly from the official website of the Thai-ASEAN (Association of Southeast Asian Nations) News Network at Tannetwork.tv:

“Prime Minister Yingluck Shinawatra avoided answering questions about a possible Cabinet reshuffle today and only smiled at reporters...The PM added that she would like to invite children to attend the Children’s Day celebration on Saturday at Government House as she has prepared some surprises for the kids…”

Concurrently it also came to this blogger’s attention that the government of Canada seems to have made some comments regarding same sex marriages performed in that nation. To quote directly from the website Advocate.com:

“Thousands of non-resident same-sex couples married in Canada may not be legally wed if the marriage is not recognized in their home country or state, according to the Canadian government…”

The issues surrounding the status of same sex couples has been an issue of debate in the United States of America especially as the Presidential elections continue to draw closer. However, politics does not appear to be the core concern of those who are the most effected by these issues. For example, those families wishing to maintain a same sex bi-national relationship with a non-American in the United States could be deeply impacted by both American and Canadian policy regarding same sex marriage. This issue could further be hypothetically defined where the same sex marriage (or civil union depending upon the jurisdiction) takes place outside of the United States as such a fact pattern could place the merits of the marriage under the purview of the United States Citizenship and Immigration Service (USCIS). How this issue will ultimately be resolved in North America remains to be seen, there is one thing that seems to be a certainty: this issue is not one that will simply disappear since there are many in the LGBT (Lesbian, Gay, Bisexual, and Transgender) Community who wish to see full equality in matters reflecting their marital status. American Courts have dealt with this issue in recent months although a definitive decision does not seem to have been reached hopefully this issue will be resolved in short order.

For related information please see: Full Faith and Credit Clause.

For general legal information pertaining to South East Asia please: Legal.

Tags: American Visa, American Visa Thailand, Children's Day, CR-1 Visa, Full Faith and Credit, Horizontal Full Faith and Credit, IR-1 Visa, K-1 Visa, Legal, Thai Visa, Thailand Visa, United States Citizenship and Immigration Service, us embassy bangkok, us embassy thailand, US Visa, US Visa Thailand, USCIS, Vertical Full Faith and Credit
Posted in Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, lgbt immigration, Miscellaneous, News, same sex visa, States' Rights, US Consulate Chiang Mai, us embassy bangkok, US Embassy Cambodia, US Embassy Hanoi, US Embassy Phnom Phen, US Embassy Thailand, US Embassy Vietnam, US Mission ASEAN, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog routinely posts about issues related to Thailand visas and Thai Permanent Residence in an effort to provide some information on these issues to the general public. It would appear that there is some consternation among foreign nationals in Thailand who are awaiting the adjudication of Thai permanent residence applications at the Ministry of Interior.  To quote directly from a recent opinion piece on the website PhuketGazette.net:

PHUKET: It’s time for the Ministry of Interior (MoI) to set up a special task force to begin fast-tracking the processing of the huge backlog of permanent residency (PR) applications it is now sitting on in silence.

Such a move would have multiple benefits for all parties involved, including, especially, foreign investors (potential and extant) and Thailand’s all-important tourism industry.

For reasons that have apprently never been divulged by the MoI, the stacks of stale PR applications, submitted in good faith and at great expense by law-abiding, long resident “visitors” to Thailand, continue to gather dust at the ministry.[sic]

Those reading this blog are highly encouraged to click upon the hyperlinks above to learn more about this issue.

Clearly, this is a significant issue for foreign nationals in Thailand, especially those who have been in Thailand for a long enough duration so as to be eligible to apply for Thailand Permanent Resident status. Those holding permanent resident status in Thailand are permitted to be placed upon a Tabien Baan (also referred to as a house registration booklet). This should not be confused with a Yellow Tabien Baan or Foreign Tabien Baan which allows foreign nationals, without Permanent Residence status, to obtain a house booklet under certain circumstances.

Unlike the United States Permanent Resident process, the Thai PR process can be quite long and cumbersome. Many have noted that there currently exists a substantial backlog of Thailand Permanent Resident status applications as there have yet to be any new Permanent Residence booklets issued for many years.

Those wishing to obtain Thailand Permanent Residence should note that this status is highly coveted amongst foreign nationals while simultaneously being difficult to obtain. Those seeking permanent residence in Thailand are only eligible after remaining in Thailand on Thai visa extensions for a period not less than 3 years. Also, most permanent residence applicants must also have maintained a Thai work permit for a significant period of time at a salary level which comports with relevant Thai Ministry regulations.

There is a common misconception about Thailand regarding the country’s immigration procedures. Many from so-called “Western” countries do not understand that Thais take immigration issues quite seriously and make rules and regulations which could be described as stringent. This is especially true in matters pertaining to Thai permanent residence as Thai PR applications are capped by a nationality quota and subjected to intense scrutiny by the Royal Thai Immigration Police and the Thai Ministry of Interior. Therefore, those thinking of applying for Thai permanent residence are well advised to conduct research into the issue and, in some cases, retain qualified counsel to assist in such an undertaking.

For related information please see: Thai Visa.

Tags: Blue Tabien Baan, Foreign Tabien Baan, Permanent Residence in Thailand, Permanent Resident in Thailand, Royal Thai Immigration Police, Tabien Baan, Tambien Baan, Thai Immigration, Thai Ministry of Interior, Thai permanent residence, Thai Permanent Resident, Thai PR, Thai Visa, Thailand Immigration, Thailand Ministry of Interior, Thailand Permanent Residence, Thailand Permanent Resident, Thailand PR, Thailand Visa, Yellow Tabien Baan
Posted in Thailand Visa | No Comments »

ผู้ที่ติดตามอ่านบล็อกนี้อาจจะสังเกตว่าประเด็นเรื่องการเข้าเมืองของประเทศไทยเป็นเรื่องที่มีการถกเถียงกันอยู่บ่อยครั้ง เมื่อเร็วๆนี้ ผู้เขียนเห็นว่า มีเรื่องที่น่าสนใจคือการอนุญาตให้กลับเข้าไปใหม่ในไทยที่สนามบินสุรรณภูมิในกรุงเทพ อ้างจากเว็บไซต์ทางการของสนามบินสุวรรณภูมิ

ขั้นตอนการกลับเข้ามาอีกครั้งและหลักเกณฑ์ของสนามบินสุวรรณภูมิ

1.      คนต่างด้าวต้องยื่นแบบฟอร์มด้วยตัวเอง

2.      วันที่ยื่นแบบฟอร์มต้องเป็นวันที่เดินทางออก

3.      เตรียมเอกสารที่ต้องใช้ ดังนี้

-          พาสปอร์ต หรือเอกสารการเดินทาง (ต้นฉบับและสำเนา 1 ฉบับ)

-          รูปถ่ายปัจจุบัน (ขนาด4X6 เซนติเมตร )

-          ค่าธรรมเนียม แบบครั้งเดียว 1,000 บาท

-          แบบหลายครั้ง 3,800 บาท

4.      ยื่นแบบฟอร์มและเอกสารดังกล่าวที่ส่วนงานคนเข้าเมืองขาออก(ฝั่งตะวันออก) ที่สนามบินสุวรรณภูมิ

5.      เปิดให้บริการทุกวัน

บทความก่อนหน้านี้ที่อยู่ในบล็อก ผู้เขียนได้กล่าวถึงมุมมองของการกลับเข้าเมืองอีกครั้งหนึ่งและอย่างไรก็ตามอาจจะขอได้อีกครั้งที่สนามบินสุวรรณภูมิเนื่องจากถูกคัดค้านที่สำนักงานการตรวจคนเข้าเมืองแจ้งวัฒนะ ปรากฏอย่างชัดแจ้งว่า จากมุมมองดังกล่าว การอนุญาตให้กลับมาอีกครั้งหนึ่งนั้นชาวต่างชาติผู้ที่กำลังจะเดินทางออกไปสามารถดำเนินการได้มที่สนามบิน

สำหรับผู้ที่ไม่คุ้นเคยกับนโยบายและกฎที่เกี่ยวข้องกับการเข้าเมืองของไทย บางคนที่อยู่ในประเทศไทยและถือวีซ่าไทยต้องได้รับการอนุญาตที่จะกลลับเข้ามาอีกครั้งหหนึ่งก่อนที่เขาจะเดินทางออกนอกประเทศไทย สำหรับผู้ที่ไม่ได้รับการอนุญาตให้กลับเข้ามาอีกครั้งหนึ่งก่อนที่จะเดินทางออกไปนั้นอาจจะสูญเสียวีซ่าไทยในช่วงที่เดินทางออกไปได้ ด้วยเหตุผลนี้ ผู้ที่ยังคงถือวีซ่าไทยและประสงค์ที่จะกลับเข้ามายังประเทศไทยควรจะได้รับการอนุญาตกลับเข้ามาอีกครั้งหนึ่ง คำถามที่มักพบบ่อยคือ ถ้ายังอยู่ในประเทศไทยฐานะที่ได้รับการยกเว้นวีซ่าแล้วต้องขออนุญาตกลับเข้ามาใหม่หรือไม่ คำตอบสั้นๆคือ ไม่ ผู้ที่เข้าประเทศไทยโดยการได้รับการยกเว้นวีซ่าไทยไม่สามารถที่จะได้รับการอนุญาตกลับเข้ามาอีกเนื่องจากว่าในทางเทคนิคเขาไม่ได้ครอบครองวีซ่าไทยที่สมบูรณ์ ผู้ที่อยู่ในประเทศไทยระหว่างการขยายระยะเวลาวีซ่าต้องได้รับการอนุญาตให้กลับเข้ามาก่อนที่จะเดินทางออกเนื่องจากเกรงว่า ชาวต่างชาติจะไม่อยู่ในสถานะเดิมหากเดินทางออก  เป็นเช่นเดียวกับผู้ที่อยู่ในประเทศไทยอย่างถูกต้องตามกฎหมายฐานะเป็นผู้มีถิ่นฐานถาวร ผู้มีถิ่นฐานถาวรในประเทศไทยต้องได้รับการอนุญาตที่จะเดินทางออกนอกประเทศในขณะเดียวกันยังคงมีสถานะทางกฎหมายในราชอาณาจักรหรือมิฉะนั้นอาจจะพบกับการเสียสถานะในขณะที่เดินทางออกไป

ผู้ที่อยู่ในประเทศไทยด้วยวีซ่าไทยหนึ่งปีแบบที่สามารถเดินทางเข้าออกประเทศไทยได้หลายครั้งไม่ควรจะได้รับการอนุญาตกลับเข้ามาอีกเมื่อเดินทางออกนอกประเทศไทยแล้ว แต่ผู้ที่ถือวีซ่าแบบที่สามารถเดินทางเข้าออกประเทศไทยได้หลายครั้งโดยทั่วไปแล้วต้องเดินทางออกนอกอาณาจักรอย่างน้อยทุกๆ 90 วันเพื่อที่จะรักษาสถานะทางกฎหมาย

To view this posting in English please see: Thailand visa

Tags: Thai Immigration, Thai Reentry Permit, Thai Visa, Thailand Immigration, Thailand Visa, การกลับเข้ามาในเมืองไทย, การเข้าเมืองของประเทศไทย, การเข้าเมืองไทย, คนเข้าเมืองในประเทศไทย, วีซ่าไทย, สนามบินสุวรรณภูมิิ
Posted in วีซ่าไทย | 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 »

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 »