Integrity Legal

For those present in Thailand on a Thai business visa, or another type of Thai visa (except for the F visa), it is incumbent upon the foreigner to obtain a Thai work permit if he or she wishes to take up employment in the Kingdom of Thailand. That being said, Thai work permits are generally only granted with a one year validity. There are exceptional instances where this is not the case. For example, BOI companies can get work permits for their employees that have a validity of two years. In any case, if a foreign national has a work permit in Thailand and wishes to work past the permit’s initial validity, he or she will need to obtain a Thai work permit extension.

A Thai work permit extension is somewhat similar to a Thai visa extension. In both cases, the original document is issued with a short term validity (usually one year, although work permits can be issued for three, six, nine, or twelve months at the individual officer’s discretion). After the permit expires the foreigner will no longer be legally entitled to work in the Kingdom.

In order to obtain a work permit extension, the foreign national must submit an extension application to the Thai Ministry of Labour. Depending upon the makeup and details of the Thai company, it may be possible to submit a work permit extension application to the One Stop Service Center. Upon application approval the work permit will be extended according to the duration approved by the officer.

At each application for extension, the underlying employment will be reexamined to ensure the employment falls in line with the relevant provisions of the Thai foreign business act, the US-Thai Treaty of Amity, and the Thai Civil and Commercial code. There are many protective measures in Thailand which restrict foreigners from certain occupations. Accordingly, non-Thais are not allowed to conduct certain types of activity. Therefore, one must be careful when deciding upon the duties to be undertaken in any type of employment in order to make sure that none of the activities in the work permit are restricted under Thai law. Since work permits must constantly be extended, there is always a possibility that one officer will consider a foreigner’s occupation to be in accordance with Thai law, while another officer will consider the same activity to be in contravention of applicable employment regulations.

Working in Thailand is a daunting proposition for some as the bureaucracy can seem overwhelming. However, it is always a good idea to make sure that one is legally employed in the Kingdom as unlawful employment could lead to civil, criminal, and immigration sanctions. It should also be noted that the Ministry of Labour has proposed an increase in work permit fees. When the fee increase will take effect is still unknown at the time of this writing.

Tags: BOI Company, Thai Business Visa, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand Visa, Thailand Work Permit, Treaty of Amity
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | No Comments »

In an apparent effort to deal with a are number of foreign nationals using Thai Tourist visas for unintended purposes, the authorities at the Ministry of Foreign Affairs are instructing Consular Officials at Royal Thai Embassies and Consulates to heavily scrutinize applicants for tourist visas. This edict seems especially targeted at Consulates and Embassies in the Southeast Asia region.  Thaivisa.com is covering the story and quotes the edict directly:

“As there has been a number of visa applicants having entered Thailand via tourist visa and misused it to illegally seek employment during their stay and, upon its expiry, sought to re-apply their tourist visas at the Royal Thai Embassy or the Royal Thai Consulate in neighboring countries, requests for visa renewal by such applicants are subject to rejection as their applications are not based on tourism motive, but to continue their illegal employment, which is unlawful.

This is in accordance with the Immigration Act, B.B. 2552 which stipulates that visa applicants are required to clearly express their real purpose of visiting Thailand. Should the case be found that the applicant’s real intention were concealed, the application will be rejected.

Please be informed that the intention of applicants to repeatedly depart and re-enter Thailand via tourist visa issued by the Royal Thai Embassy or the Royal Thai Consulate in neighboring countries in recent years upon its expiry, is considered as concealment of real purpose of visiting Thailand. Thus their visas applications will be rejected.”

Unlike the Thai O visa and the Thai Business visa, the Thai Tourist visa is not designed for those who wish to work in the Kingdom.  One present on a tourist visa is not entitled to apply for a Thai work permit. Due to this restriction, many foreigners opt to stay in Thailand and work illegally or “off the books.” Although tolerated at one time, this practice is viewed with increasing animosity by Thai Immigration officials particularly since the world wide economic downturn.

Thailand’s policy regarding this practice is similar to Section 214b of the United States Immigration and Nationality Act. This statute creates the presumption that those entering the United States on a non-immigrant visa, like a US Tourist visa, are in fact intending immigrants. United States Consular officers often reject tourist visa applicants because they cannot demonstrate true “tourist intention,” meaning that they do not have sufficiently strong ties to a country outside of the US which would compel them to depart the United States.  Working in the United States on a tourist visa without work authorization is also considered to be a major violation of non-immigrant status (although not a ground of inadmissibility). Thailand seems like it is beginning to tighten up immigration protocols and coincidentally these measures are making the system resemble the US Immigration system.

Tags: 214 b, 214(b), Thai Business Visa, Thai Immigration, Thai O Visa, Thai Tourist Visa, Thai Visa, Thailand Business Visa, Thailand Immigration, Thailand o visa, Thailand Tourist Visa, Thailand Visa, US Immigration, US Visa Thailand
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Visa, Upcoming Legislation, US Tourist Visa, US Visa and Immigration, US Visa Thailand | 2 Comments »

Speculation abounds as rumors circulate about possible price increases for Thai work permits. A common misunderstanding regarding Thai law is that the right to work is built into a foreigner’s Thai visa. This misconception is particularly acute with regard to the Thailand Business Visa. It is easy to believe that a business visa would entitle the holder to work in the country, but in Thailand, as in the United States on a B1 visa, foreign nationals are only allowed to work after obtaining Thai Ministry of Labour approval in the form of a Thai work permit.

The Nation, in conjunction with Thaivisa.com is reporting on the matter, to quote their report:

“The Phuket Gazette has learned that recent rumors of substantial increases in work permit fees may be well-founded. Discussions are underway in the Department of Employment that could once again lead to massive hikes in these annual fees.”

This situation appears quite alarming to expats in Thailand because within recent memory another dramatic fee increase caused consternation due to the enormity of the difference in cost before and after the fee increase took effect. To quote further from the Thaivisa.com website:

“The last hike in work permit fees occurred in September 2002, delivering an impressive 200% hike, an event that triggered lively and colorful comments on ThaiVisa.Com, host to Thailand’s largest English-language Web forum. Some recent comments in that forum, albeit from sources undisclosed and/or unofficial, foreshadow this month’s hike as likely to be something well over 100%.”

Six thousand Thai baht is only roughly equivalent to approximately two hundred United States dollars and compared to the Immigration system in the United States, United Kingdom, or many countries in the European Union the fees are relatively low when one takes into account the fact that the bearer of a work permit is given the right to work in a foreign country. Even keeping these factors in mind, an increase of one hundred percent is still considerable and substantial, particularly for the small Thai business employing foreigners or for the expat living in Thailand and running a small business.

One explanation for this fee increase could be economic. Although not as hard hit by the worldwide economic crisis, Thailand still has had flat numbers in tourism and the economy is sagging. Further compounding the problem is the prospect of another less-than-optimal high season and the specter of new demonstrations causing foreign investment to flee in search of economies with more stable government. These factors could explain why this fee increase is being brought forward at this time as protectionist attitudes and the need for government revenues increases. It is uncertain if or when the fee increase will occur, but one thing is certain: some foreigners will always want to work in Thailand and they will probably always have to pay some sort of government fee for the privilege.

Tags: B1 visa, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand Immigration, Thailand Work Permit, Thailand Work Permit fee
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa, Upcoming Legislation | No Comments »

The popular Website Thaivisa.com and the Nation Newspaper are reporting on the news that There is a planned expansion of Thailand’s current international airport. To quote the article:

“Airports of Thailand plans to build a domestic passenger terminal at Suvarnabhumi Airport while inviting the private sector to invest in six projects at the old Don Mueang Airport. Construction of the new terminal will start in 2012 for completion in 2015, to accommodate an additional 20 million passengers a year.”

A question upon the lips of many who read this blog is likely: “What about Getting a Reentry Permit at the airport?” Although these two subjects seem only tenuously related, they may in fact be more related than it appears at first glance.

Up until January 1, 2009 it was possible for long term residents of Thailand to obtain a Reentry Permit at the airport. This is an important stamp to obtain for those present in the Kingdom on a Thai visa extension. When one enters the country on a Thai visa, the visa has a set validity. However, it is possible to have one’s visa extended past the visa’s initial validity. Once obtained this instrument is known as a visa extension. However, the extension does not explicitly permit the bearer to leave the country and return while simultaneously remaining in status. Therefore, it may be necessary to acquire a Reentry permit so that one may leave the Kingdom and return while maintaining the same visa status.

There used to be a Royal Thai Immigration Office at Suvarnabhumi Airport that issued Reentry permits to travelers immediately before they left the country. As could be reasonably assumed, this office was very convenient for those leaving Thailand and wishing to return in status. However, for some unknown reason, this office was closed and currently it is not possible to get a Royal Thai Immigration extension issued at the airport. Those wishing to get a reentry permit must do so at another Thai Immigration office.

Hopefully, with the addition of a new terminal, the increased space at the airport may make it possible to reopen an Immigration office in order to facilitate the issuance of reentry permits. This being said, there appears to be no plan in place for opening any new Immigration offices at the airport.

It should be reiterated that anyone staying in Thailand on a visa extension should obtain a reentry permit before they depart from the Kingdom in order to forestall falling out of lawful visa status upon departure. Those present in the Kingdom on a multiple entry visa can depart and return to the Kingdom until the end of their visa’s validity.

For related information please see Thailand business visa

Tags: Reentry Permit, Thai Visa, Thai Visa Extension, Thailand Business Visa, Thailand Immigration, Thailand Visa
Posted in Thailand Business | No Comments »

For those who opt to take up an expatriate lifestyle the issue of Thai visa status can be a crucial one. One’s Thai visa status is determined by the category of visa that is initially issued. Therefore, if a Thai consulate outside of the Kingdom of Thailand issues an applicant a Thailand Business visa, then that entrant’s visa category, and therefore status, is “B.”

In cases where a foreigner wishes to remain in Thailand in order to pursue legitimate educational objectives, then a Thai ED Visa is the category used to remain present in the Kingdom. For “miscellaneous” purposes and for reasons related to filial kinship, the O visa category is the proper Thai visa to acquire. Depending upon the reason for Thailand O Visa issuance, a Thai work permit may or may not be easily obtainable.

The ability to file for a Thai work permit depends heavily upon one’s status in the Kingdom. For instance, the holder of a Thai Education visa generally cannot obtain a Thai work permit. A situation such as this is one where change of status comes into play. A foreigner in possession of a Thai education visa will need to switch to another category in order to apply for a Thai work permit. An interesting corollary to this notion is the Thai F visa category which is a visa for official or quasi-official purposes (this is different from the US F visa, which is an education visa). Those who hold an “F” category Thai visa do not need to obtain a Thai work permit in order to work in the Kingdom because the right to work is inherent in the visa itself.

Visa status conversion can be a somewhat difficult process within the Kingdom. There is always the option of going abroad, obtaining a new visa, and reentering under a different immigration classification, but for those who do not wish to leave the country, this option may be unacceptable.

When changing categories in the Kingdom, the general rule is that the applicant for change of status must have at least 21 days of validity left on their current Thai immigration stamp. Changing status from one category to another can be more difficult depending upon the original category. Generally, the Royal Thai Immigration Police do not prefer to change an applicant’s status from visa exemption to a proper category. In these situations, they prefer that the applicant depart the country, obtain a proper visa, and return for a Thai visa extension at a later date. That being said, conversion from an exemption to a visa category can be achieved, but conversion is done at the discretion of the Royal Thai immigration officer.

It should be noted that change of status is different from obtaining a Thailand visa extension. For those who enter the Kingdom on a 60 day Thai tourist visa, it may be possible to obtain an extension of the visa for thirty days at the Immigration office. However, this does not mean that the applicant has changed visa category, only that they have increased the valid period of their Tourist visa. This is the same for those who enter the Kingdom upon a business visa and opt to extend the visa to have a year’s validity. The applicant remains in “B” visa status, but the validity period is extended.

Tags: Thai Immigration, Thai Visa, Thai Work Permit, Thailand Business Visa, Thailand ED Visa, Thailand Immigration, Thailand o visa, Thailand Visa, Thailand Work Permit
Posted in Miscellaneous, Thailand Business, Thailand Visa | No Comments »

Tuesday July 22, 2009 the website Thaivisa.com is reporting that the Royal Thai Consulate in Penang has apparently made a rule restricting issuance of multiple Thai tourist visas. As can be imagined, this is causing something of a stir among expats and long term vacationers in Thailand because the Royal Thai Consulate in Penang has long been a traditionally convenient post for those wishing to extend their stay in Thailand.

In recent years, the Royal Thai Consulate in Penang has tightened their regulations with regard to issuance of the Thai business visa. In many cases, applicants were continuously traveling to Penang, Malaysia in order to obtain visas for extended stays in the Kingdom with the bonus of having the right to petition for a Thailand work permit should it be deemed necessary at a later date.

The Thai Tourist visa is, by definition, not a visa intended for those wishing to engage in employment activities within the Kingdom of Thailand. Instead, it is a visa designed to allow foreign  nationals entry into Thailand for recreational purposes.  There have been cases where the Thai tourist visa was used to remain in Thailand and work illegally. A similar situation occurs in the United States when foreign nationals enter America using a US Tourist Visa and subsequently obtain employment. As the holder of a US Tourist visa does not have work authorization in the United States, this method of immigration is illegal. In both cases, the respective governments feel the need to crackdown on such activity in order to keep up enforcement of administrative and labor regulations.

That being said, in the case of restriction of Thai Tourist Visas one has to wonder if now was the appropriate time to make the rules more stringent. Currently Thai tourism is at one of its lowest ebbs in years. A combination of domestic turbulence, airport closures, and the world economic crisis has left much of the tourist sector in dire financial straits. Although, this author agrees that the Thailand immigration rules must be enforced, it seems an inopportune moment to begin such enforcement.

It should also be noted that this may not be a rule initiated by the Immigration authorities in Thailand. Consulates and Embassies abroad are governed under the jurisdiction of the Thai Ministry of Foreign Affairs. That being said, Consulates and Embassies are allowed to set their own rules with regard to who they will issue visas to and under what conditions. It would seem that the Consulate in Penang has exercised their discretion in order to clamp down on those abusing the Thai Tourist Visa.

(This is not legal advice, nor should it be used as such. A lawyer-client relationship is not created by reading this posting.)

Tags: Royal Thai Consulate Penang, Thai Business Visa, Thai Immigration, Thai Tourist Visa, Thailand Business Visa, Thailand Immigration, Thailand Tourist Visa
Posted in Legal Opinion, Thailand Business, Thailand Visa | No Comments »

There are certain misunderstood aspects of the Thailand Business Visa that may need to be cleared up in order to properly understand how Thai Immigration views those non-Thai nationals in possession of a Thailand B visa.

First, a Thai business visa should not be inferred to impart the right to work in Thailand. Those holding Thai B Visas (Business), must still obtain a Thai work permit before they will be allowed to enjoy employment rights. Even then, Thai law, which in this respect is similar to United States Immigration law, restricts work authorization to a specified geographic location, namely the official address of the employer. That being said, it may be possible to get a second employer stamped into one’s Thai work permit and thereby allow employment with multiple organizations by officially authorizing such employment.

One very difficult concept for many to grasp is the idea that a visa does not confer the “right” to enter the country. This causes some confusion particularly with regard to United States Immigration. A USA visa simply gives the bearer the right to seek permission to enter the United States of America.

The Kingdom of Thailand views visas and travel documents in a similar light. In fact, it may be possible to be turned away at a port of entry in Thailand even where the prospective entrant has what is otherwise considered to be a valid visa. This issue became of acute concern nearly 5 years ago when operators began springing up throughout Thailand who offered to send one’s passport out of the Kingdom and have it sent back in with a new valid visa issued from an Embassy or Consulate abroad. In this situation, even though the visas were issued legally, the Thailand Immigration authorities at the port of entry began not only turning prospective entrants away, but also nullifying visas issued to someone who was in Thailand when the visa was issued at a diplomatic post abroad.

Another common mistake regarding Thai Business visas involves the definition of “multiple entry.” Specifically, does a one year multiple entry Thai visa imply that the bearer may remain in Thailand uninterrupted without being forced to leave? Put simply: No. A Multiple entry visa holder must leave at least every 90 days in order to remain in legal immigration status in the Kingdom.  That being said, the multiple entry visa is commonly confused with the Thai visa extension. The extension allows the bearer to remain in Thailand for up to one year without being compelled to depart every 90 days.  The downside of the extension is the fact that one needs to obtain a reentry permit in order to leave the country. The multiple entry visa allows the person holding it to leave the Kingdom and return on the same visa so long as it remains valid. Hence the name, “multiple entry.”

For further information, Please see the US-Thai Treaty of Amity as certain Immigration rights are created under this bilateral agreement.

(This is not legal advice. For such advice contact an attorney. No lawyer-client relationship should be assumed to exist between author and reader.)

Tags: B Visa Thailand, Business Visa Thailand, Thai B Visa, Thai Business Visa, Thai Work Permit, Thailand B Visa, Thailand Business Visa, Thailand Work Permit
Posted in Thailand Business, Thailand Visa | No Comments »

US Immigration and Thai Immigration have a great deal in common and also many differences. I decided to write a quick blog post exploring the differences between the two systems in order to provide more clarity for those seeking to immigrate to either Thailand or the United States.

With regard to ease of visa obtainment, overall it is generally more difficult to obtain a USA visa than a Thai Visa. That being said, there are certain aspects of US Immigration that are far more generous than Thailand’s system. For example Thai Permanent Residence is very difficult to obtain from a practical standpoint and almost no one enters the country with Permanent Residence, especially if they have never been to Thailand before. In contrast, the United States confers lawful permanent residence upon entry to the USA for those married to a United States Citizen for longer than 2 years at the time of visa application.  For those married less than 2 years at the time of application, conditional permanent residence is immediately granted upon entry and the conditionality must be lifted later.

A Thai Business Visa is somewhat similar to an American Business Visa in that both allow for travel to the USA or Thailand for business purposes. However, neither visa actually confers the right to work in either country. This is where the similarities end because in order to obtain lawful employment in the USA the immigrant would need to get a visa that has work authorization. In Thailand, the immigrant would need to obtain a Thai work permit. Getting work authorization for Thailand is somewhat easier in Thailand than in the United States.

The Thai Tourist Visa and the American Tourist Visa are quite similar. They both are non-immigrant visas designed for recreational purposes. Currently, the Thai Tourist visa is being offered free of charge to those wishing to visit the Kingdom of Thailand. This is not the case for the American tourist visa as a non-immigrant application fee and pin number fee are required for those applying for a tourist visa.

One of the most significant differences between United States Immigration and Immigration to Thailand is the fact that Thailand does not have any provisions in its Immigration law for a Fiance visa. The Fiancee Visa in the United States is commonly know by its visa category classification: K-1 visa. No matter what it is known as, it is designed to allow a Fiancee of an American Citizen entry into the United States for the purpose of marriage and permanent residence in the USA. Thailand has nothing remotely resembling this type of visa. Further, it does not appear that Thailand will be creating anything like the K1 Visa anytime soon.

Overall, Thai Immigration is dissimilar to American Immigration because US Immigration is far more substantially funded and has more agents operating under the aegis of USCIS and the US State Department.

(Nothing contained in this blog post should be used as legal advce. No Attorney/client relationship shall be created between author and reader.)

Tags: American Visa Thailand, K-1 Visa Thailand, Thai Visa, Thailand Business Visa, Thailand Visa, US Immigration Thailand, us visa lawyer thailand, US Visa Thailand
Posted in Fiance Visa Thailand, General Legal Information, K1 Visa Thailand, Legal Opinion, Miscellaneous, Thailand Visa, US Embassy Thailand, US Visa and Immigration, US Visa Thailand, Visa Waiver | 1 Comment »

There are many immigration options for those wishing to stay in Thailand on either a full time or part time basis. The Immigration option most familiar to short term travelers is the Thai visa exemption which allows a non-Thai national entry into the country without obtaining a visa. Many people who enter Thailand on a visa exemption believe they are actually on a visa. In reality, they have been granted lawful presence in Thailand without a visa.

Map to Thailand Immigration Bureau

Thai Education Visas

An Education visa in Thailand is very useful as a long term visa option particularly in light of the proliferation of affordable Thai schools that offer assistance in applying for a Thai ED visa. The major downside to the ED visa is the fact that there is no automatic right to work inherent to the visa. Also, the ED visa does not accrue time necessary to obtain Thai Permanent Residence.

Thailand Retirement Visa

A Thailand retirement visa is very useful for those who fit the criteria set forth under Thailand Immigration Law. One of the major criterion for obtainment of a Thai retirement visa is that the applicant be at least 50 years old at the time of application. Another requirement is that the applicant meet the minimum financial threshholds determined by the Thai Immigration Bureau’s internal regulations. A positive aspect of the Thai retirement visa is the fact that one holding such a visa does not need to go on “border runs,” every 90 days. However, a person present in Thailand on a retirement visa will not be able to secure a Thailand work permit.

Thailand Business Visas

As discussed in previous posts, a Thai Business visa is a very flexible option for those wishing to remain in Thailand in order to work, invest, or conduct business negotiations. The visa itself does not confer a right to work, a Thai work permit is still a necessity, but a work permit is usually easy to obtain where the visa holder has secured legitimate employment or has registered a Thai company.

Thailand Other Visas

The Thai “O” Visa, the “O” stands for other, is a designation for a visa that does not really fit into any of the aforementioned categories. The “O” visa is used for Thailand Family Immigration especially where a foreign spouse of a Thai national wishes to reside in Thailand. For those present in Thailand on an “O” visa, there may be some difficulty securing a work permit if the visa is not based upon filial realtionship to a Thai.

Thanks for Reading,

For information on US Immigration from Thailand please see:

multiple entry visa

Fiance Visa Thailand

Marriage Visa Thailand

US Embassy Bangkok

(No content written in this post should be used instead of consulting an attorney. No attorney-client relationship is created between the writer and any readers of this post).

Tags: Thailand B Visa, Thailand Business Visa, Thailand company, Thailand ED Visa, Thailand Immigration, Thailand Long Stay Visa, Thailand o visa, Thailand Other Visa, Thailand Visa
Posted in Thailand Business, Thailand Visa | No Comments »

Thailand O Visa

The Thailand O visa is something of an anomaly because it is truly a “catch-all” visa category. Generally O visas in Thailand are used by spouses of either Thai nationals or spouses of those present in Thailand on some other type of Thai Visa. The O visa confers work authorization insofar as it allows the holder of said visa to petition for a Thai work permit.

Although legally eligible to obtain a work permit, there are sometimes work permit difficulties for the O visa holder. As a practical matter, some Thai immigration officers and Ministry of Labour officials do not like to see work permits issued to those in Thailand on an O visa unless the O visa is based upon an underlying spousal relationship to either a Thai National, Permanent Resident in Thailand, or business visa holder (in the case of the spouse of a business visa holder, the O visa holder may have some difficulty obtaining a work permit).

Thailand Elite Card

The Thailand Elite Card program was a program designed with the idea of improving business tourism in Thailand. The card offered many benefits that would be convenient and useful for the prospective business traveler in Thailand. Most notably, there were some very positive immigration benefits conferred upon businesspeople holding a Thailand Elite Card.

At one time, there was a 3 year multiple entry visa conferred upon foreigners under the Thailand Elite Card program. Under this program applicants paid a one time fee of 1.5 million baht and received a card that entitled them to special benefits throughout Thailand. The program also had a special relationship with Thai Immigration that allowed card holder to obtain 3 year multiple entry non-immigrant B visas.

Recently, with governmental shakeups in Thailand the Elite Card program has been canceled with regard to immigration matters. Therefore, although one could conceivably still obtain the elite card, the immigration benefits of the card are no longer granted and therefore the special three year visa is no longer conferred upon card holders.

At present, it would appear to be quite difficult, if not practically impossible, to obtain a 3 year non-immigrant business visa to Thailand. That being said, one year Thai visas are still available for qualified applicants.

For more information please see:

Thailand Visa

Thailand Business Visa

US Visa Lawyer Thailand

(Note: All information in this post should be used for general purposes only. No attorney-client relationship is created between the reader and author of this post. This post should not be used as a substitute for individualized legal advice from a licensed professional.)

Tags: Thai permanent residence, Thai Visa, Thai Visas, Thailand Business Visa, Thailand Elite Card, Thailand Immigration, Thailand o visa
Posted in Thailand Visa | 5 Comments »