Integrity Legal

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 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.

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Posted in Thailand Visa | 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.

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

In a recent posting on ThaiVisa.com, this issue of Thailand’s economic situation was discussed. In recent months, Thailand has been the victim of political turmoil, but many are hopeful that the future will bring tranquility and economic progress. To quote the aforementioned posting:

Bank of Thailand (BOT) Deputy Governor Bandid Nijathaworn yesterday listed the five factors as the global economic momentum, tourism recovery, drought conditions, trends in the policy interest rate and access to funding by small and mediumsized enterprises (SMEs). He said businesses, especially SMEs, must monitor these indicators closely, so they can adjust quickly to any situation. Bandid made his remarks at a seminar entitled “Thai SMEs in the Era of a Free Asian Economy”, hosted by Bangkok Bank. He said the first factor was whether the global economy would enjoy a healthy recovery.

The US economy has yet to pick up fully, while some European countries are experiencing public debt problems. However, many Asian countries are seeing strong economic growth, so if the US and European economies do not pick up more in the second half, Thai exports will have to focus more on Asian markets.
The second factor is the tourism industry. It recovered in six months after the 2003 Sars epidemic, five months after the 2004 tsunami and seven months after the 200809 [sic] political turmoil. It is expected to take six months to recover from the latest round of political turmoil, but that will also depend on the global economy and government measures to entice tourists back to Thailand. The third factor is the draught, and it remains to be seen how that will play out. The fourth one is the policy interest rate, which has been kept at a low 1.25 per cent in a bid to boost economic recovery. Many times, the BOT has indicated that if the domestic economy recovers and the global economic crisis abates, it may consider increasing the rate at an appropriate time.

The fifth factor that could affect second half economic growth is SMEs’ loan accessibility. SMEs have yet to enjoy full access to loans, which means they still suffer a high cost burden. Bandid said many commercial banks had stepped in to help SMEs gain easier access to loans. He believes the country’s economy will grow 45 per cent this year. Bandid said while Thailand’s economy showed positive growth in the first quarter, the economy was affected in the second quarter by the political turmoil. Tourism suffered severely from the chaos, but other key sectors were also hurt, such as agriculture, exports and real estate.

Many agree that it will be interesting to watch Thailand’s recovery as many are of the opinion that Thailand is set for further economic growth. Many Expatriates feel that although tourism figures are lower than desired the country’s many natural attractions will act as a catalyst for new growth in tourism. Furthermore, Thailand boasts of better infrastructure relative to many of the other jurisdictions in the region. Also, Thailand’s position as a key actor in the Association of SouthEast Asian Nations (ASEAN) will likely result in a better overall position for the Thai economy moving forward, when compared with other countries in the region.

Finally, Thailand’s positive relationships with countries such as the United States and Japan, as embodied in the US-Thai Amity Treaty and the Japanese-Thai Free Trade Agreement, respectively, are indicative of Thailand’s ability to effectively negotiate longstanding mutually beneficial trade arrangements. Some believe that Thailand’s economic situation remains poised for growth notwithstanding recent disturbances.

For information about business travel to Thailand please see: Thailand business visa.

Tags: Amity Treaty, Thai Business News, Thailand Business News, Thailand Business Visa, US-Thai Treaty of Amity
Posted in Amity Treaty, General Legal Information, News, Thailand Business | No Comments »

The following was posted on the official website of the US Embassy in Bangkok, Thailand:

At the time of this writing, the US Embassy in Bangkok is closed to those seeking routine services due to the unrest in the areas near the Embassy compound. In Bangkok, the situation seems to have stabilized. However, the city remains tense as most Bangkok residents seem to be hoping for an end to the unpleasantness and a return to relative normality.

On a related note, the Thai Tourism Industry is preparing for a major downturn moving forward. To quote the website ThaiVisa.com:

Thailand’s violent political turmoil has had a “disastrous” effect on the vital tourism sector, the country’s finance minister said Friday, stressing that the overall economy remained sound. “Tourism in value terms accounts for six percent of our GDP,” Finance Minister Korn Chatikavanij told a Tokyo conference, adding that the sector also accounts for “as much as 15 to 20 percent of the total employment.” “And clearly, with the events that took place over the past several weeks, and the pictures of these events flashing across TV screens across the world, it is going to have a very disastrous impact on tourism.” Thai security forces on Wednesday crushed a six-week protest by anti-government protesters in street battles that left 15 people dead and saw arsonists torch some 36 key buildings across the capital Bangkok. The stock exchange and the nation’s biggest shopping mall were among locations torched in the chaotic aftermath of the campaign to end the “Red Shirt” protesters’ occupation of Bangkok’s top retail district. Korn said that “we anticipate that the impact on the GDP of the protest so far is probably between 0.3 and 0.5 percent of GDP.” However, he stressed that the wider economic picture was sound in the kingdom, telling the conference that “we expect the formal Q1 (first quarter) figure to be in two digits” this year.

As we have previously discussed on this blog, the Thai Ministry of Foreign Affairs has waived fees for Thai Tourist Visas. However, the fees associated with applications for the Thai business visa and the Thai O visa remain the same.

For further information about attorney assistance with Consular Processing of US visa applications please see: US Embassy. For further information about closure of the US Embassy in Thailand please see: US Embassy Bangkok. Finally, to learn more about Thai Immigration please see: Thai Visa.

Tags: Bangkok Riots, O visa, Thai Business Visa, Thai Immigration, Thai Tourist Visa, Thai Visa, Thailand Business Visa, Thailand o visa, Thailand Riots, Thailand Tourism, us embassy bangkok, US Embassy Bangkok closed, us embassy thailand, US Embassy Thailand Closed
Posted in Thailand Visa, us embassy bangkok, US Embassy Thailand | No Comments »

Recently, the website Thaivisa.com has reported that the Thai Ministry of Foreign Affairs has announced that the Tourist visa waiver program will be extended. The following is a direct quote from Thaivisa.com:

“Thailand extends tourist visa fee exemption scheme until 31 March 2011

BANGKOK: — The Royal Thai Government has extended the tourist visa fee exemption scheme that had expired in March 2010. As a result of the decision, foreign citizens that qualify for a tourist visa are not subjected to a visa fee. The exemption scheme will be in effect from 11 May 2010 until 31 March 2011 (the fee exemption is not extended to other types of visas).

For further information please contact the Consular Department, Ministry of Foreign Affairs of Thailand (662-981-7171)or the Royal Thai Missions or visit Visas and Travel Documents webpage.”

Although the impact of this program remains to be seen it can be assumed that this can only benefit the Thai Tourism sector, particularly in light of the recent disturbances in Bangkok. Hopefully, this fee waiver, along with a concerted effort by Thai Tourism authorities will lead to an increase in the annual number of tourists traveling to the Kingdom of Thailand.

It should be noted that this will likely not have any impact upon the fees associated with other categories such as the O visa and the ED visa. However, business travelers to Thailand still seem to be applying for the Thai business visa with the same frequency as was the case prior to the recent slump of travelers to Thailand.

Those interested in obtaining a Thai tourist visa should contact the nearest Royal Thai Embassy or Consulate. In the immediate vicinity of the Kingdom of Thailand the most popular destinations for “visa runs” are Laos, Malaysia, and Myanmar. Although Cambodia is a frequent destination for Thai visa runners it is not generally the location of choice for those wishing to obtain a new visa, but is instead rather popular for those who simply wish to travel to the border and get stamped in and out of Thailand.

The Royal Thai Consulate in Penang was once a popular locale for “visa runs,” but fewer visa runners seem to be using this post since they seem to only allow issuance of one Tourist visa per applicant. Recently the Thai Embassy Kuala Lumpur began requiring a that applicants have a work permit with a rather lengthy period of validity remaining  when applying for a 1 year Thailand business visa. This has caused many who seek 1 year Thai visas to opt to seek such travel documents at other Consulates.

For further information please see: Thailand Tourist visa.

Tags: Thai Business Visa, Thai Consulate Penang, Thai ED Visa, Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand Embassy Kuala Lumpur, Thailand Visa
Posted in Thai Embassy Kuala Lumpur, Thailand Business, Thailand Embassy, Thailand Visa, Upcoming Legislation | 16 Comments »

Traveling to the United States of America, for any purpose, can be a costly and arduous endeavor. Recently the American Immigration Lawyers Association distributed a a memorandum that was promulgated by the United States Customs and Border Protection (USCBP) Service. In this memorandum the Foreign Affairs Manual was referenced. The following is a direct quotation from that memorandum:

“The Department of State (DOS) recently revised 9 FAM 41.104 Exhibit I, entitled, “Countries that Extend Passport Validity for an Additional Six Months after Expiration.” The Inspector’s Field Manual (IFM) Appendix 15.2 will be amended to reflect the new DOS 6-month list.”

The Inspectors Field Manual is important because it notes the countries that will extend passport validity by six months past the date of passport expiration. The memorandum goes further and discusses specific countries that will no longer be recognized as allowing this type of extension past the underlying passport’s validity:

“Among the countries that have been removed from the 6-month list since the last revision of the IFM are the following: Bangladesh, Cuba, Ecuador, Holy See, Italy, Jordan, Kazakhstan, Kuwait, Laos, Oman, Russia, Senegal, Sudan, Syria, and Togo.“

We have posted this information in order to better inform those travelers from the aforementioned countries who are accustomed to traveling to the USA on a passport with little, or no, official validity left. It would be unfortunate for an individual from one of the countries listed above to travel to the USA only to find that they are inadmissible due to the fact that they no longer have a travel document that is recognized as valid by United States Customs and Border Protection.

Thai Authorities generally require that those applying for a Thai visa have at least 6 months of stated validity on their passport. This is due to the fact that Thai officials do not like to issue visas with a validity that stretches substantially past the the date of the underlying passport’s validity period. In some cases, a Thai tourist visa can be obtained when there is little validity left on the passport, but these cases are rare. In cases involving the multiple entry one year Thai business visa or the one year Thai O visa, it has become practically a hard and fast rule that the validity of the passport be more than 6 months before a visa will be issued.

For further information about passports and travel to the USA please see: US Visa Thailand. For further insight into Thai Immigration matters please see: Thailand visa.

Tags: passport, Thai Immigration, Thai O Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand Visa, United States Customs and Border Protection, US Immigration, US Visa, US Visa Thailand, USCBP
Posted in Department of Homeland Security, General Legal Information, Thailand Visa, US Visa and Immigration, US Visa Thailand, USCBP | No Comments »

In a recent posting of the website ThaiVisa.com, the issue of Thai tourist was discussed in the context of Thai Immigration. Frequent readers of this blog will remember that until March of this year, Thai Tourism officials, in conjunction with the Ministry of Foreign Affairs, had been granting tourist visas to Thailand free of charge. Apparently, this program is to be extended. The following is quoted from ThaiVisa.com:

“The Ministry of Tourism and Sports has extended tourism stimulus measures for one year until 31 March 2011 to assist tourism related entrepreneurs who were affected from the demonstration of the United Front of Democracy Against Dictatorship (UDD). Tourism and Sports Minister Chumpol Silapa-archa announced on Thursday that the ministry has resolved to extend the assistance measures to help tourism related entrepreneurs while road show activities must be organized on a continuous basis to further stimulate tourism. The stimulus measures include the exemption of visa fees for foreign tourists, travel insurance for foreign tourists of not more than 10,000 USD, low interest rate loans, and extension of loan payment periods.”

Hopefully, these measures will provide a benefit to Thailand’s struggling tourism sector which will likely be adversely impacted by the unrest in Bangkok that has occurred over the recent weeks. The report went on:

“The minister added that the number of tourists travelling [sic] into Thailand at airports in general have not decreased, but on the other hand, is more than the number in the same period last year because the figure last year was very low. Mr Chumpol admitted that tour bookings in Bangkok would be affected from the mass rally of the UDD now taking place at Ratchaprasong Intersection. However, those in other areas, especially in the southern islands of Phuket and Samui would not be affected.”

This author would argue that although Tourism has been impacted by recent events in Thailand. There may be another explanation for the seemingly lower tourism figures (or at least the lower numbers of people pursuing Thai Tourist visas). One of the causes could be the fact that more and more tourists in Thailand are “Long Stay” tourists, meaning that they prefer to remain for 3,6, 9, or even 12 months at a time. Many such travelers prefer to come to Thailand using an O visa as such a visa can be granted with a validity as long as one year. Others prefer to use a Thailand business visa. A Thai business visa provides the benefit of creating a foundation for a Thai work permit application should the need for such documentation arise. Although an individual present in the Kingdom on a business visa does not strictly meet the definition of “tourist,” many people come to Thailand using a “B” visa and conduct business meetings in Thailand before pursuing more recreational activities.

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

Many people ask this author: Why do I need a Thai work permit? There is a common misconception that the Thai Labor and Immigration authorities take a lax stance with regard to unauthorized employment. Many others labor under the misconception that a Thai visa, particularly a Thai business visa, confers the right to work in Thailand. Unfortunately, many people believe that the Thai “mai pen rai” (no worries) attitude extends to those working illegally in the Kingdom. This is simply untrue as Thais view unauthorized employment as a serious violation of Thai law.

In the United States, the expansion of some of the powers of the Department of Homeland Security has resulted in the relatively new phenomenon of Federal agents raiding businesses in search of those aliens working illegally. Operations such as this fall under the mandate of agencies such as the Immigration and Customs Enforcement (ICE) Service. In the Kingdom of Thailand, the Immigration and Labor authorities are not nearly as sophisticated as their counterparts in the United States of America, but they seem to take their jobs no less seriously.

As a case in point, recently the Pattaya Daily News website is reporting the following:

“A Briton, who was working illegally as a bar cashier at a beer bar in Pattaya’s Walking Street, was arrested by Immigration officials and will be prosecuted under the terms of the Immigration Act dealing with offending aliens.”

A long term expatriate in Thailand would not be greatly surprised by this announcement as most long term residents are used to some of the more draconian measures that are sometimes taken with regard to unauthorized employment in Thailand. With that said, compared to the United States, the Thai authorities are generally fairly lenient on most immigration matters, but there are exceptions and unauthorized employment can be problematic for the person working illegally. To quote the aforementioned website further:

“Pattaya, March 17, 2010, [PDN]: at 1am this morning, a team from Chonburi Immigration Office (which has recently amalgamated the respective Immigration departments of Pattaya and Chonburi), led by Superintendent of Immigration, Police Colonel Athisavis Kamolruth, surrounded [a bar], located [on] Walking Street, as it had come to their notice that there was at least one foreigner working there illegally, without a work permit…The team duly identified themselves as officers of the Immigration Police and asked for [the foreigner's] passport and work permit. When he was unable to produce a  work permit, the Immigration Police took him to the Chonburi Provincial Immigration Office at Jomtien for further questioning...He was duly cautioned that as an alien, temporarily in the kingdom, he was not allowed to work and would be prosecuted for having contravened the law.“

One aspect of this article that is interesting to note is the fact that Immigration agencies in Chonburi are consolidating and it would seem that by doing so they are becoming a more dynamic organization with an eye toward better enforcement of Thai Immigration and Labor laws.

For further information about Immigration to Thailand please see: Thailand visa.

Tags: Thai Business Visa, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand Immigration, Thailand Visa, Thailand Work Permit, unauthoarized employmnet, working without a work permit in Thailand
Posted in Thailand Visa, Thailand Work Permit | No Comments »

For general information on this subject please see our main page at: Education Visa Thailand.

One Thai visa category that is not often discussed on the pages of this blog is the Thai ED visa. This visa category was created for those who wish to remain in the Kingdom of Thailand for the purpose of pursuing academic study. In the past, this seemed to have been limited to colleges and universities, but increasingly many people are seeing the benefits of holding a Thai ED visa while also seeking proficiency in the Thai language. Many Thai language schools have been established in the last 5 years in order to cater to the increasing demand for Thai language study.

The Thai language can be extremely difficult for westerners to pick up because the language is tonal. This means that the entire word can be changed merely by the way it is tonally pronounced. This author can say from experience that proficiency with the Thai tones can be a difficult feat, but once this obstacle is overcome the benefits are extraordinary as Thai people greatly appreciate those foreigners (farangs, falangs) who take an interest in learning the Thai language.

Thai is a very subtle and complex language that has a rich history. As Thailand was never colonized by one of the so-called “Great Powers” the language was never displaced by an alien tongue. This creates and interesting linguistic environment as Thais have taken in those parts of other cultures’ languages while retaining their own linguistic identity.

As to the Immigration privileges accorded to those on a Thai visa for education: first, a major benefit is the fact that an ED visa holder does not need to worry about so-called “border runs” or “visa runs” since the ED visa allows the bearer to remain for the course of study. That being said, ED visas are not very beneficial for those wishing to work in Thailand as they do not entitle the bearer to apply for a Thai work permit, except in extremely rare circumstances. However, if one is on an ED visa and gets a job in Thailand, then it may be possible to change visa status and apply for a work permit, but this is not the most efficient way of getting Thai work authorization so if one is not yet in Thailand and may wish to work, then it may be best to apply for a Thai business visa prior to departing for Thailand as a long term business visa could be easily obtained by certain applicants.

Tags: ED Visa, ED visas, Education Visa Thailand, Thai Business Visa, Thai ED Visa, Thai Visa, Thai work authorization, Thai Work Permit, Thailand Business Visa, Thailand Education Visa, Thailand Visa
Posted in General Legal Information, Thailand Visa | 53 Comments »