Integrity Legal

It recently came to this blogger attention that anyone holding a non-immigrant visa (NIV) in Thailand may soon be required to obtain insurance coverage of 100,000 USD against COVID-19. The following was recently reported in the Bangkok Post:

All foreigners living in Thailand as non-immigrants will in the future have to prove they have insurance coverage of at least US$100,000 (three million baht) against Covid-19. The proposal was approved in principle by the cabinet yesterday and Traisuree Taisaranakul, deputy spokeswoman for the government, said it would apply to all holders of the one-year, non-immigrant visa (NIV). NIVs are awarded in four categories: marriage, work, business and retirement…Ms Traisuree said that since the cabinet had approved the new rule in principle the next step would be for the Immigration Bureau to publish full details and make it official. The Foreign Affairs Ministry will also work to improve the NIV application procedure while the Public Health Ministry and the Interior Ministry will be in charge of modifying related regulations and telling the public about them…

It is noteworthy that Thai business visas, marriage visas, and visas associated with work permits in Thailand were specifically mentioned. Meanwhile, The Nation reports the recent rule changes may provide some relief for retirees in Thailand:

The new rules offer a lifeline for expats over the age of 70 who cannot purchase insurance in Thailand and thus face having their applications for extension of stay rejected…If an insurer refuses coverage due to health risks, visa applicants must submit additional documents including the letter of refusal, plus securities, deposits and other health insurance accounting for at least 3 million baht.

Since the inception of the Emergency Decree in response to the COVID-19 situation in March 2020 there have been a number of changes to rules regarding entry to the Kingdom of Thailand. However, such changes had not yet impacted the immigration rules associated with remaining in Thailand on a Thai visa extension. Clearly, the rules are currently undergoing revision. However, it is worth noting that the specific regulations have yet to be promulgated as the cabinet appears to have only approved these measures in principle as of the time of this writing. Therefore, those to whom this announcement may pertain are well advised to wait until the specific regulations are promulgated before making irrevocable arrangements regarding their visa status. The aforementioned policy change does not appear to pertain to those holding permanent residence in the Kingdom of Thailand. We will keep this blog updated as the situation evolves.

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Posted in Thailand Visa, Thailand Work Permit | No Comments »

It recently came to this blogger’s attention that the Thai government has halted all incoming flights from overseas to Thailand. To quote directly from a recent article in Thai PBS World:

“[T]he prime minister wants to see stringent measures imposed on overseas arrivals for the period between April 2-15.  The Foreign Ministry has been tasked to find out ways to implement the directive from the prime minister.”

Further, in another article from The Nation, the following was noted:

“Taweesin Visanuyothin, spokesman for the Centre for Covid-19 Situation Administration, said Prime Minister Prayut Chan-ocha has told the Foreign Ministry to issue a new directive prohibiting new arrivals.”For the immediately foreseeable future, it appears that it will not be possible for anyone to enter Thailand by air.

Clearly, the Thai government has deemed the COVID-19 issues of a seriousness that it warrants across the board restriction of incoming flights. That stated, there appears to be a end date for these restrictions on the horizon. In a further article from the Bangkok Post:

“All passenger flights have been banned from landing in the country to curb the outbreak of the new coronavirus, the aviation agency said on Friday. The ban came into effect on Saturday morning and will run until the end of Monday, the Civil Aviation Authority of Thailand said in an order published late on Friday.”

Whether the government decides to extend this restriction on in-bound flights due to Coronavirus concerns remains to be seen. However, it seems logical to infer that if the restriction is lifted and in-bound flights are allowed to come to Thailand, the previously enacted restrictions on foreigners traveling to Thailand is likely to remain in effect over the medium term. To quote directly from the aforementioned Civil Aviation authority of Thailand:

With reference to the declaration of state of emergency in Thailand on 25 March 2020, the Civil Aviation Authority of Thailand hereby issues travel advisory to passengers planning to enter Thailand as follows:

1. Passengers or persons shall be permitted to enter, Transit or Transfer Thailand through international airport only if they fall under one of the following categories:

(a) Being in the situation or a person exempted by the Prime Minister or Permanent Secretary of Ministry of Foreign Affairs, under certain conditions and prescribed time period

(b) Carriers of necessary cargoes, but required prompt exit after the mission is completed

(c) Pilot-in-command, and crew members of the flight entering Thailand with clear schedule to depart

(d) Persons on diplomatic or consular mission, or under International Organizations, representatives of the government performing their duties in Thailand or other persons or international agencies that the Ministry of Foreign Affairs gives permission, and their families. In this case, certificate of entry to the Kingdom issued by Ministry of Foreign Affairs is required.

(e) Non-Thai nationals with work permit or who have been granted permission from Thai government agencies to work in Thailand (Smart Visa only)

(f) Thai nationals with certificate of entry to the Kingdom issued by Royal Thai Embassy or Royal Thai Consulate in their country of residence certifying that they are Thais returning to Thailand, and a Fit to Fly Health Certificate.
2. The persons in (d) (e) and (f) must have Fit to Fly Health Certificate issued no more than 72 hours before traveling.
3. Passengers or persons permitted to enter Thailand shall strictly comply with disease prevention measures imposed by the government.
4. The immigration officers have the power to deny the entry of Non-Thai nationals who have been tested positive for COVID- 19, or under the suspicion of being infected or who refuse to undergo such test.
5. All previous Notifications of CAAT become ineffective.

With limited exception, the vast majority of foreigners are not going to be permitted to enter Thailand in the upcoming weeks. The vast majority of those who are permitted to enter the Kingdom are likely to be Thai Work Permit holders. Bearing that in mind, it is notable that foreign nationals in Thailand maintaining work permit as well as Thai business visa status are likely to find unforeseen issues in renewing their work permits in coming months. This will likely be due to the unintended consequences of all of the lay-offs, furloughs, terminations, and voluntary reductions of work hours for Thai employees working in the Thai business sector.

In order to maintain a Thai work permit and business visa it is required that a Thai company maintain a 4-to-1 ratio of Thai employees to foreign employees. For those foreigners using a Thai marriage visa as a platform for maintaining lawful status in Thailand as well as employment authorization the ratio of Thai employees to foreign employees is 2:1. With this in mind, the small business sector of Thailand is likely to see a significant contraction of its workforce in the second and third quarter of 2020. As Thai employees are furloughed, terminated, or resign (sometimes in order to be eligible for newly created Thai unemployment benefits) it is likely that this will have a direct impact upon the Thai/Foreign employee ratio. If the ratio of Thai to Foreign employees is not maintained within a Thai business organization, then an application for a Thai business visa extension or Thai work permit renewal may prove impossible. Therefore, those businesses, small and large, employing foreigners in Thailand should keep a sharp eye on their labor force if they wish to maintain their foreign employees’ lawful status. This can be an especially acute issue for self-employed foreign nationals in Thailand who are using their Thai limited company as a platform to maintain their status. Those in the precarious position are strongly encouraged to seek the advice and counsel of legal professionals experiences in Thai corporate compliance, accounting, staffing, immigration, and labor issues

Tags: 2 thai employees, 4 thai employees, 8 thai employees, accounting, Business in Thailand, Business Visa Thailand, company in Thailand, Company Thailand, coronaviurs, corporate compliance thailand, COVID, covid-19, covid19, covid19 thailand, employees thailand, immigration, labor, Marriage Visa Thailand, staffing, Thai Business Visa, Thai Company, Thai corporate compliance, thai employee, thai employees, Thai Marriage Visa, Thai Work Permit, Thailand Business, Thailand Business Visa, Thailand company, thailand employee, thailand employees, Thailand Marriage Visa, Thailand Work Permit, Work Permit, work permit extension, work permit renewal, work permit Thailand
Posted in Thailand Business | No Comments »

By any estimate, 2019 was not a great year for those dealing with either the American or Thai Immigration systems. In 2019, those seeking to live in Thailand under an O retirement or marriage visa saw many of the rules regarding that visa category changed. For example, it is now no longer possible for many expats in Thailand to use income affidavits issued from the Embassies or Consulates of their home country in order to prove their financial ability to remain in the Kingdom. Concurrently, the regulations regarding the income or bank balance requirements associated with the marriage and retirement visas are now more strictly enforced and may require a more prolonged maintenance of a bank balance compared with times past. Meanwhile, with respect to Thai retirement visas specifically, the rules regarding retirement visa issuance and extension underwent another adjustment with the introduction of the rule that retirement visa holders in Thailand must obtain health insurance coverage in order to cover medical expenses while maintaining their retiree status in Thailand. Although there were no specific changes with regard to the rules pertaining to Thai business visas, 2019 saw a level of scrutiny with respect to adjudication which is rather unprecedented.

Meanwhile, in the USA the Immigration apparatus has seen a great deal of administrative transformation. Some Immigration practitioners in the USA are calling this the “Invisible Wall” in reference to the current President’s promise to build a wall to deter illegal immigration. With respect to US visas from Thailand specifically, it should be noted that 2019 saw the closing of the USCIS office in Bangkok. Moving forward through 2020 and beyond it appears that those who could once file for Immigration benefits through that office, including applications for IR-1 and CR-1 visas from Thailand, must now file their cases through the relevant USCIS office in the USA. Furthermore, it appears that the number of requests for evidence in cases involving American family based cases is on the rise while it remains to be seen exactly what the National Vetting Center is doing as cases processing through the National Visa Center seem to be processed in increasingly slowly. In cases involving K-1 visas from Thailand the overall process has seen little fundamental change, but the as with other American immigration petitions there seems to be a rise in the number of RFEs issued especially in the wake of changes to the relevant forms associated with such matters.

What can be expected moving forward? With respect to Thai Immigration it seems unlikely that fundamental changes to the retirement visa category (such as the medical insurance requirement) are in the offing. In fact, it seems that the current regulatory framework has been set in place as a rather permanently. However, there is speculation that insurance requirements may be imposed for other categories such as marriage visas and perhaps even business visas, but this remains pure speculation. Further, in light of recent down turns in certain parts of the Thai tourism sector and the increasing strength of the baht it seems Immigration officials are signaling a more moderating tone in order to forestall damage to the tourism sector. With regard to American immigration it seems logical to surmise that the trends of 2019 will continue into 2020 with everyone focusing upon the forthcoming election in November as a possible indicator of where immigration policy will be heading in the forthcoming decade.

Tags: American Embassy Thailand, American Visa Thailand, invisible wall, National Vetting Center, National Visa Center, Thai Business Visa, Thai Immigration, Thai O Visa, Thai Retirement Visa, Thai Visa, Thailand B Visa, Thailand Business Visa, Thailand Immigration, Thailand o visa, Thailand Retirement Visa, Thailand Visa, thaivisa, us embassy thailand, US Visa Thailand, USA Visa Thailand
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It is becoming increasingly clear that Thai Immigration officials are becoming ever more concerned with those who are working illegally in Thailand. Therefore, this state of affairs begs the question: how does one obtain and/or maintain work authorization in Thailand?

It should be noted that there are two ways in which one can obtain employment authorization in Thailand. One way is to receive an offer of employment from a Thai company. Generally, if the prospective employee is offered employment while abroad, then a WP3 work pre-authorization letter will need to be obtained and the foreign worker will need to apply for a Thai business visa before traveling to Thailand to have their work permit booklet issued. However, if the foreign worker is not abroad, then that individual may need to travel abroad in order to see to it that a WP3 is issued as the Thai Labor Department will only issue such documentation on foreign workers who are physically residing outside of Thailand. Within Southeast Asia, the WP3 is increasingly necessary as those Royal Thai Embassies and Consulates in the region which issue Thai business visas will only do so for those who have been issued a WP3.

Once in Thailand with a B visa, the prospective employee can seek their work permit booklet. Their employer must formally request such documentation as the employer is the sponsor of the work permit. After the permit is issued it should remain either on the premises of the place of business or if the employee must travel to another location to undertake work-related activity a copy should go along with the employee. It is worth noting that in March of 2018 the Thai Labor Department relaxed Thai work permit rules and therefore it is now possible for foreign work permit holders to engage in work activity away from their sponsoring-business’s premises.

The protocols regarding work permit issuance in the context of a business owner are qualitatively different compared to work permit issuance for someone wishing to be employed at a company in Thailand. One significant difference, especially in the context of an SME or a startup company is the “Catch-22” situation some prospectively self-employed foreigners find themselves in. For example, in order for an entrepreneur to obtain a work permit, they need a business visa, a WP3 is often necessary, and in order to obtain a WP3 a company is necessary. Therefore, Thailand company registration is often the first step toward obtaining a Thai business visa and work permit. Those wishing to setup a Thai company are well advised to seek professional guidance as there are multiple ways to incorporate a Thai business which, depending upon the legal structure, may provide differing benefits.

Tags: B Visa Thailand, business incorporation thailand, Thai B Visa, thai business setup, Thai Business Visa, Thai Work Permit, Thailand B Visa, Thailand Business Registration, thailand business setup, Thailand Business Visa, Thailand company registration, Thailand Work Permit, work permit Thailand, Work Visa Thailand, working visa thailand, WP1, WP3
Posted in Thailand Work Permit | No Comments »

Integrity Legal has been providing legal services in Bangkok, Thailand for 12 years. In that time, the legal system in Thailand along with the Thai Immigration and tax collection systems have evolved. As a result, accounting and issues pertaining to corporate compliance are having an increasingly direct impact upon immigration matters for foreign nationals who own or work in companies in Thailand. For example, maintenance of payroll records and records contributions to Thai Social Security can be critical for those seeking Thai work permits and Thai business visa extensions. Meanwhile, Thai Immigration initiatives which would seem to only be relevant in a personal context can have ramifications in a corporate context. For example, a foreign national working in a Thai company could see their application for a business visa extension rejected due to failure to file a TM30 form providing relevant information regarding address location.

Due to the increasing complexity of Thai law and regulatory enforcement, a more holistic approach to business incorporation, visa extension, work permit application, accounting, payroll maintenance, and corporate services is necessary. For this reason Integrity Legal is proud to announce the foundation of Integrity Services. Integrity Services provides corporate maintenance services, accountancy services, and also tax advisory services (in both a Thai and an American context). Integrity Services is managed by a Thai accountant with fluency in English. The firm will also provide consultation and tax advisory services from an American tax attorney where necessary.

Integrity Services can provide ongoing support to businesses in Thailand with a special emphasis upon companies with foreign ownership or management. Concurrently, with recent changes to the American tax laws, advisory services from an American tax attorney with experience in Thai corporate matters can provide a great deal of benefit to firms with American stakeholders or management. Meanwhile, Integrity Services will provide assistance to clients of Integrity Legal, where necessary, in a seamless manner. By blending standard legal services with, corporate compliance, immigration, and accounting the teams of both Integrity Legal and Integrity Services can provide comprehensive assistance to our clients in all matters pertaining to business in Thailand.

Contact us today to learn more about how your business could be improved with Integrity.

Tags: accounting in thailand, Corporate Law, corporate services thailand, thai corporate services, thailand accountant, Thailand Accounting, Thailand Business Visa, Thailand Company Incorporation, thailand tax advisor, thailand tax advisory, thailand tax attorney, Thailand Work Permit
Posted in Thailand Business | No Comments »

The past 3 years have been some of the most eventful in the history of the Thai immigration apparatus. For example, the “Good Guys In Bad Guys Out” initiative and the concurrent enforcement program known as “Operation X-Ray Outlaw Foreigner” have resulted in a large number of arrests, deportations, and the blacklisting of a number of foreigners in the Kingdom. Meanwhile, there have been a number of initiatives involving those in Non-immigrant status which have been noteworthy.

Changes to the Enforcement Rules for Thai Retirement Visas

A particularly hot topic since the beginning of 2019 has been how the rules regarding retirement visa income and financial evidence will be adjudicated moving forward. Whereas in the past it was possible for American, British, and Australian retirees in Thailand to obtain a certified letter or income affidavit regarding their abilities to financially support themselves since the conclusion of 2019 this type of evidence is no longer available as Embassies and Consulates of the aforementioned countries will no longer issue such documentation. Thereafter, in the first quarter of 2019 many announcements were made with respect to how evidence of financing would be adjudicated. Those seeking a retirement visa extension must now show that they have maintained a balance in their personal account of not less than 800,000 THB for 60 days prior to their application for a retirement visa extension and after the extension is issued it must be shown that the 800,000 THB remained on balance for an additional 90 days thereafter. Throughout the rest of the year 400,000 THB must be maintained. The Head of Thai Immigration Surachate “Big Joke” Hakparn has noted that for the year 2019 Immigration officers are permitted to be somewhat lenient, but after 2019 these rules are to be enforced strictly.

Thai Marriage Visa Applicants Increasingly Scrutinized for Sham Marriages

Meanwhile, those who are seeking Thai marriage visas should be careful to avoid entering into a marriage solely for the purpose of obtaining a Thai Immigration benefit as Immigration police are increasingly wary of sham marriages in the wake of a number of such unions being discovered. Furthermore, as is the case with retirement visas, financial requirements connected to Thai marriage visa applications are subject to new enforcement protocols in the aftermath of the discontinuation of the aforementioned income affidavit scheme.

The Business Visa Extensions Incur Increased Scrutiny

It is not only those seeking marriage or retirement visas who are feeling the watchful eye of Thai Immigration peering over their shoulder. An increasing number of small business owners are being subjected to inspection and document scrutiny in connection with their applications for business visa extension. In fact, according to this blogger’s experience virtually all first time visa extension applicants in Bangkok are being subjected to inspection. Whether this trend will continue in the future remains to be seen.

Education Visas have Become Far Less Easy to Obtain

Finally, the Education visa: this visa was once a rather straightforward extension to obtain if one could prove enrollment in some sort of government sanctioned education program, but in recent years such visas have been more difficult to obtain and those utilizing such documentation have been the subject of increased scrutiny as well as periodic Immigration raids. It appears Immigration officers believe certain schools were being used merely as a pretext for procuring immigration benefits and conducted a number of raids on such facilities culminating in a large amount of arrests and deportation.

In conclusion, it should also be noted that Immigration authorities have arrested a number of so-called “visa agents” for filing false documentation in connection with visa applications. All of the above evidence leads to one logical conclusion: the Immigration system is Thailand is becoming more sophisticated and focused on enforcement measures. The era of a lax immigration regime allowing a significant number of foreigners to remain in the Kingdom for no valid reason is drawing to a close.

Tags: big joke, business visa extension, certified income letter, Income Affidavit, marriage visa extension, retirement visa extension, surachate hakpal, surachate hakparn, Thai Business Visa, Thai Immigration, Thai Marriage Visa, Thai Retirement Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand Visa
Posted in Thailand Visa | No Comments »

In recent months, the rules upon which the regime for issuing and maintaining Thai work permits and visas have been undergoing some changes. However, the permanence of these changes remains to be seen and the practical implications of these changes are also open to speculation. Hopefully the following posting with provide some clarification with respect to where work permit and visa rules currently stand.

Work Permit Restrictions Appear to be Loosened

Since the promulgation of the Emergency decrees regarding work permits in Thailand analysts seem increasingly convinced that regulations regarding time, place, and manner of work in Thailand have loosened. In the past, Thai work permit regulations (and the enforcement agencies associated therewith) viewed the rules very strictly when it came to the specific locations where foreigners could undertake labor, the specific functions foreigners could perform, and the timing of when a foreign worker could begin working. For example, foreign temporary workers had to await issuance of a work permit book or temporary work document in order to begin working. Meanwhile, those issued with long term work permits were at one time restricted to performing their job only within the premises of the business acting as the work permit sponsor. Later, the geographic scope of labor endeavor was expanded to allow foreigners to undertake work throughout a specific province in Thailand. However, under any circumstances the foreign national with work authorization had to be circumspect in their endeavors as the work activities they undertook had to fall within the boundaries of the job description specified within the provisions of the work permit itself.

Pursuant to the provisions of the second emergency decree regarding the management of foreign workers in Thailand it appears that many of the restrictions regarding geographic scope of activity have been lifted. Meanwhile, the strict scrutiny of job functions appears to be a thing of the past as well (although a list of occupations restricted to Thai nationals is still in force so long as the activity in question is not specifically in violation of that list the foreign worker should be free from sanction). Furthermore, it appears that certain temporary workers who are brought into Thailand for a short period of time may be able to perform their function in a much more immediate manner compared to the past as, depending upon circumstances and subject to the aforementioned list of restricted activity, many workers may be able to immediately begin performing their functions.

The Return of the One Year Multiple Entry Visa?

It would seem that there is another possible change to Thai regulations regarding work authorization and business visas in Thailand. Apparently, regulations now stipulate that some of those working for a foreign company in Thailand (such as a Representative Office) are no longer required to obtain a work permit. This new exemption apparently only extends to Directors of such organizations. Furthermore, it appears that so-called Amity Treaty Companies (those corporations certified as American and therefore accorded protections pursuant to the US-Thai Treaty of Amity) are now subject to such exemption. Under such circumstances the directors of such companies are able to apply for a 1 year multiple entry visa from their country of origin. As of the time of this writing, this blogger has yet to personally deal with a matter arising under these new rule changes, but the creation of new immigration options is always noteworthy. It should be noted that these regulatory changes appear to be exclusive to Labor matters. Thai immigration regulations have not changed with respect to the rules regarding visa extension in the Kingdom. At the present time a work permit appears to still be required for those wishing to remain in the Kingdom long term via a Thai business visa extension application.

Tags: Alien Workers Act 2008, Amity Company, Amity Treaty, business visa, Non-Thais Working Management Emergency Decree, Non-Thais Working Management Emergency Decree 1, Non-Thais Working Management Emergency Decree 2, Thai Business Visa, Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand Treaty of Amity, Thailand visa extension, Thailand Work Permit, Thailand Work Visa, Treaty of Amity, Treaty of Amity Company, US-Thai Treaty of Amity, work permit Thailand, Work Visa Thailand
Posted in Amity Treaty, Thailand Business, Thailand Visa, Thailand Work Permit | No Comments »

As noted in the prior entry on this blog, Thai immigration policies, procedures, and enforcement protocols are in a state of flux. This entry will attempt to provide a sort of round up regarding the recent developments with respect to changes in the Thai Immigration apparatus.

In recent weeks, there have been further crackdowns on visa violators. Most notably, there have been raids which have netted a number of foreign nationals either physically present in Thailand while on overstay or present in Thailand with no evidence that the nationals in question had ever been lawfully admitted to the Kingdom in the first place. It seems that this trend of conducting raids at venues where illegal aliens may be present is set to continue. It is notable that schools of all types are being included in such raids.

Furthermore, where once the bureaucracy associated with accepting and processing visa applications (particularly Business visa applications) seemed primarily concerned with simply ascertaining whether the formalities required to secure a visa or visa extension were in place. Now, Immigration authorities and adjudicating officers seem to be prioritizing heightened scrutiny of Thai visa applications.  This is having the effect of seeing further requests for documentation especially in business visa extension applications. This change in attitude also has an investigative component as it seems to be required that all new B visa extension applicants be subjected to inspection by Thai Immigration officers.

Increased enforcement activity has not been confined only to Business visas in recent weeks. In fact, it seems further scrutiny of Thai O visa applications is likely in the future especially in light of authorities recently uncovering what would appear to have been an ongoing scheme to defraud the immigration system though use of sham marriages in Thailand. Although not directly attributable to concern over sham marriages the fact is that fewer and fewer Multiple Entry O visas are being issued by Thai Embassies and Consulates abroad when compared to times past. It is this blogger’s personal opinion that the decline in the number of such visas issued is directly attributable to the fact that Thai Immigration authorities are seeking to scrutinize those living in the Kingdom on a permanent basis and multiple entry visas do not accord them the level of scrutiny as would exist in the adjudication of an O visa extension.

It has been this blogger’s observation that many expats in Thailand take the position that efforts like these eventually fade into the background as the initial zealousness of those undertaking these policies and enforcement measures wanes. However, to assume that these new policies of heightened scrutiny and increased enforcement activities will “just go away” would fail to take into consideration the fact Thai Immigration authorities seem very keen on implementing long term policies and utilizing technology which will preclude regressive tendencies in the system moving forward.

Tags: Good Guys in Bad Guys out, Immigration Crackdown, Operation XRay Outlaw Foreigner, Thai B Visa, Thai Business Visa, Thai Immigration, Thai Visa, Thailand B Visa, Thailand Business Visa, Thailand Immigration, Thailand Visa, Visa Crackdown
Posted in Thailand Embassy, Thailand Visa | No Comments »

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 »

In recent postings on this blog we have tracked the increasingly prevalent theme of Royal Thai Immigration Officers zealously enforcing immigration laws and regulations. In a recent posting on the website Asian Correspondent it was noted that Immigration officials have apparently taken their duties on the road as they appear to be traveling to foreign nationals stated addresses in an effort to ascertain if the individual in question actually resides at said address and more. It may be best to quote directly from Asian Correspondent:

Three foreigners living in Thailand have complained of receiving visits by policemen asking them to furnish personal details…[They] were visited at home by the uniformed officials who asked them to provide details like their monthly income, height, weight, and even skin color…They claimed that they were asked to provide the details in the ‘Personal Information’ form from the ‘Transnational Crime Coordination Unit Region 5 (TCCU R5).

This and many other events which have occurred recently with respect to Immigration policy appears to stem from the rather recently promulgated “Good Guys in, Bad Guys Out” campaign. It has been clear for some time that Thai immigration officers are increasingly ardent in their efforts to scrutinize foreign nationals in order to ensure adherence with Immigration law. Until this point it appeared that such zealousness was only experienced when foreign nationals traveled to an immigration office to seek some form of benefit or undertake some activity in an effort to stay in compliance with regulations (visa extension, reentry permit, 90 day report, etc).

From the information imparted above it seems logical to assume that this more fervent scrutiny may result in occasional visits by Immigration personnel to foreign nationals’ residences in the future. This being stated, it is difficult to foresee whether these developments portend the possibility that this may become a routine occurrence in the future or if this situation is simply a “one-off” event stemming from a non-routine set of circumstances. It remains to be seen if circumstances similar to those noted above will play out again in the future.

It should be noted that this blogger has personally received anecdotal information describing situations similar to those noted above. It may be of interest to readers that in all such instances this blogger has personally become aware of, the foreign national in question was present in Thailand on a Marriage visa. As has been noted in previous postings, it appears Thai Immigration officials are taking steps to tighten up the regulations and enforcement protocols pertaining to Thai marriage visa holders. This is not to imply that holders of other visa categories have not been subjected to heightened scrutiny (which this blogger can attest has definitely occurred, especially in the context of business visa extensions), but it appears that presently Thai immigration officers are taking a keen interest in those present in Thailand on a Thai O category marriage visa.

Tags: 90 day report, Bad Guys Out, Good Guys in, Good Guys in Bad Guys out, Personal Information form, Reentry Permit, Royal Thai Immigration Police, TCCU R5, Thai Business Visa, Thai Immigration Officer Home Visit, Thai Immigration Officer Visit Address, Thai Marriage Visa, Thai O Visa, Thai Visa Extension, Thailand Business Visa, Thailand Marriage Visa, Thailand o visa, Thailand visa extension, Transnational Crime Coordination Unit Region 5, visa extension
Posted in Thailand Visa | No Comments »