Integrity Legal

The Nation and Thai Visa are reporting some interesting developments with regard to Thailand’s Legal environment. First off, the all-but-abandoned Thailand Elite Card program is apparently still alive, but on life support. To quote the Nation via ThaiVisa:

“In November 2003, Mr Thaksin proudly presented 80 gold Thailand Elite cards to international VIPs and eminent people, including Japanese trade chiefs and US banking and financial supremos. The cards promised fast-tracked immigration, discounts at luxury resorts and golf courses, and many other perks. The optimistic estimates to attract the world’s wealthy were mind-boggling; a million subscribers to generate a trillion baht in revenue. But early signs were not encouraging. After four months, a meagre 400 memberships had been sold, barely a dent in the 100,000 target for the first year of operation. Panicky officials talked of targeting China’s nouveau riche, and predicted they would attract 30,000 Chinese within 12 months. But six years later, the total number of members is a risible 2,570, and the Thailand Privilege Card Company (TPC), set up by the Tourism Authority of Thailand (TAT), to run the scheme has a crippling net loss of 1.4 billion baht.”

As stated previously on this blog, the current government of Thailand has opted not to continue the Thai Immigration benefits accorded to Elite Card holders. As a result, the central pillar of the scheme has been toppled resulting in nearly no demand for the card. It will be interesting to see what the ultimate fate of the Elite Card will be, but at this time it appears that card holders are attempting to get as many benefits out of the card as possible in order to offset the cost of acquiring it.

In further reports from the Nation and ThaiVisa, it would appear that the Thai government is looking to crack down on Karaoke bars in Thailand, “The [Thai] Cabinet has approved new regulations that prohibit karaoke parlours from providing drinking or singing partners to customers, with their business licences being revoked if they do.” It will be interesting to see if these provisions will be stringently enforced and, if so, what effect this legislation will have upon the already crippled Thai tourism industry.

The government also is proposing regulations to limit the amount of time that Thai children can utilize computer gaming facilities. This seems like an attempt to reign in children who play computer games virtually non-stop. Finally, a proposed film rating system. The system would impose rating categories upon Thai films. The categories would span the spectrum from films which would be “encouraged” to those which would be “banned.”

(This post is merely opinion, no attorney-client relationship is created from reading this piece.)

Tags: Thai Government, Thai Law, Thai Visa, Thailand Elite Card, Thailand Immigration, Thailand Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Upcoming Legislation | 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
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Travelers coming to Thailand have different Thai visa options depending upon the passport they hold. Some people will be granted a visa exemption upon arrival in the Kingdom while others may be granted an actual visa when they arrive. The validity of this extension can vary depending upon relations between the passport holder’s home country and the Kingdom of Thailand. Below are lists of countries and the special Thai Immigration privileges accorded to their nationals. For those thinking of traveling to Thailand it is probably wise to double check the visa rules before coming to Thailand as Thai Immigration regulations can change relatively quickly. As a result, the information contained below can become out of date.

Passport holders from the following countries shall be entitled to apply for a 15 day visa on arrival in Thailand:

Bhutan, China, Cyprus, Czech Republic, Estonia, Hungary, India, Kazakhstan, Latvia, Liechtenstein, Lithuania, Maldives, Mauritius, Oman, Poland, Russia, Saudi Arabia, Slovakia, Slovenia, Taiwan, Ukraine, Australia.

Passport holders from this list of countries may enter Thailand on a 30 day visa exemption:

Australia, Austria, Belgium, Bahrain, Brunei, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Luxembourg, Malaysia, Monaco, The Netherlands, New Zealand, Norway, Oman, The Philippines, Portugal, Qatar, Singapore, Spain, South Africa, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States of America, Vietnam

Passport holders from this list of countries may enter Thailand on a 90 day visa exemption:

Peru, Brazil, The Republic of Korea

Passport holders from these countries may enter Thailand for 30 days without a visa based upon a bilateral Treaty or Agreement with the Kingdom of Thailand:

Hong Kong, Laos, Macau, Mongolia, Russia, Vietnam

Passport holders from these countries may enter Thailand for 90 days without a visa based upon a bilateral Treaty or Agreement with the Kingdom of Thailand:

Argentina, Brazil, Chile, The Republic of Korea, Peru

Holders of Diplomatic Passports from the following countries may enter and remain in the Kingdom of Thailand without a visa:

Cambodia, China, Hong Kong, Laos, Macau, Mongolia, Myanmar, Oman, Vietnam

Holders of Diplomatic Passports from these countries may enter and remain in Thailand for 90 days without obtaining a visa:

Argentina, Austria, Belgium, Bhutan, Brazil, Chile, Costa Rica, Croatia, Czech Republic, Germany, Hungary, India, Israel, Italy, Japan, Republic of Korea, Luxembourg, Malaysia, Mexico, The Netherlands, Nepal, Panama, Peru, The Philippines, Poland, Romania, Russia, Singapore, Slovakia, South Africa, Switzerland, Liechtenstein, Tunisia, Turkey,
Ukraine, Uruguay

For more information, please see the Thai Ministry of Foreign Affairs by clicking here

(Please do not mistake this post as being a suitable substitute for legal advice from a licensed professional. No attorney-client relationship is created between the reader and the author of this posting.)

Tags: passport, Thai Visa, Thailand Immigration, Thailand Visa
Posted in Thailand Visa | No Comments »

There have been some interesting developments regarding the Thai Tourist visa. Recently the Thai government authorities and Royal Thai Immigration announced that they would extend the free tourist visa program. This initiative was designed to spur tourism to Thailand which has been a sector of the economy that was hard-hit by the airport closures in late 2008, government instability at the beginning of 2009, the Asean summit cancellation, the  Songkran disturbances, and the worldwide economic distress. A recent statistic published in Thailand has stated that Tourism in Thailand has decreased by 50% year-on-year, for a country heavily dependent upon foreign tourist currency this finding was disconcerting. By providing free tourist visas the Thai government hopes recreational travel to Thailand will increase.

The free tourist visa program would seem to be just one pillar of Thailand’s long term Immigration program. It would seem that Thai Immigration Authorities want to ween foreigners off of the Thai visa exemption and onto the use of Thai visas. Many foreigners are under the mistaken impression that when they are stamped through the immigration counter at the airport in Thailand, they are provided with a 30 day visa. In reality, the stamp for a person entering without a visa is a 30 day visa exemption. This stamp allows a non-Thai national to remain in Thailand without a visa for the time period stipulated on the foreigner’s passport (currently 30 days at the airport and 15 days at land border immigration checkpoints).

At one time, foreigners were able to remain in Thailand for a nearly indefinite period so long as they made a “visa run” every 30 days to renew their exemption stamp. The authorities issuing Thai visas first put a stop to this practice approximately 3 years ago when they mandated that a person was only entitled to visa exemptions for 90 out of every 180 days. Approximately 6 months ago, the Immigration authorities again changed the regulations. Currently, 15 day visa exemptions will be granted to foreigners at the land border and 30 days will be granted at the airport.  Further, those using visa exemption stamps at a land border will only be able to get 4 consecutive 15 day stamps.

This change of policy has created the necessity for longer term visas. Currently the Thai government is providing free Tourist visas to those who wish to travel to Thailand. The visa has a validity of 60 days, but one can travel to the Thai Immigration office in Thailand and, for an extra fee, one can extend the visa for an extra 30 days intra-country.  Another option is the “double entry” Thai tourist visa. this has a double validity for 60 days (with extendability) and if used properly can confer lawful status to a foreigner in Thailand for 6 months.

Apparently, the free tourist visa scheme is not being well received by some of Thailand’s honorary consulates around the globe, because these posts make a substantial portion of their revenue from Tourist visas. According to government officials in Thailand, these posts will receive reimbursement for the free visas they issue. The free visa promotion does not affect the price of the Thailand Business visa, Thailand O Visa, or the Thailand Retirement Visa.

For information on a related topic please see: US Tourist Visa

(This post is for informational purposes only and is not legal advice. No attorney-client relationship is created between reader and author.)

Tags: Thai Immigration, Thai Tourist Visa, Thailand Immigration, Thailand Tourist Visa, Thailand Visa, Thailand Visas, tourist visa thailand
Posted in Thailand Visa | No Comments »

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 »

Some Visas in Thailand do not confer resident status which can be beneficial for a number of reasons. Thai education visas and Thai tourist visas do not confer resident status and as a result accrual of time spent in Thailand on either of these visas will not count towards the necessary time requirements for Thai permanent residence.

Currently, Thailand is issuing visa exemptions (the right to remain in Thailand without a proper visa) for 30 days at an airport and for 15 days at a land border. However, Thai tourist visas are currently free to applicants at certain Embassies.

Thai “O” Visas or Other Visas, are issued to those who are either a family member of a Thai national, permanent resident, or visa holder, based upon a filial relationship to the visa holder. Currently, it is possible to obtain O visas for Non-Thai children, but for those children under a certain age, it is not possible to overstay in Thailand. This situation is similar in US Immigration where non-Citizen children cannot accrual unlawful presence in the United States. A child may be overstaying a visa, but the child cannot accrue time as a person present in the USA unlawfully.

At one time, Thai work permits were used as a basis for granting business visa extensions in Thailand. Before that time, a business visa extension could be obtained without obtaining a work permit, but this situation was considered unacceptable because it left many non-Thais in Thailand on business visas, some of whom were working, but without a work permit. For a period of time, the work permit was the foundation of the business visa extension application. Recently, the Thai work permit was “untied” from the business visa extension and as a result it is easier to obtain a work permit, but seemingly more difficult to obtain a Thai visa extension.

Many people forget that a Thai multiple entry visa is good until its expiration date and the visa holder will be granted a stay of 90 days upon entry. This leads to the situation where the non-Thai presents his visa to Thai Immigration one day before the visa’s expiration, but is granted entry into Thailand for nearly 90 days past the visa’s expiration.

(Please note: this post is not a substitute for personal legal advice from a licensed attorney. No lawyer-client relationship is created between author and reader.)

Tags: O visa, overstay, Permanent Resident, Thai Visa, Thailand Immigration, unlawful presence
Posted in General Legal Information, 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 »

Many people dream of living and working in Thailand. Some love the beaches, while others love the exotic atmosphere and “mai pen rai,” attitude of the Thai people. Still others see Thailand as a land of unexploited opportunity. Whatever employment opportunities Thailand holds, it is imperative that a non-Thai seeking employment in Thailand first acquire a Thai work permit before they begin working in the Kingdom.

The Difference Between a Thai Work Permit and a Thai Business Visa

Unlike some other countries, notably Korea, Thailand has a system in which a long term visa is a different document from a work permit. A common misconception is the belief that a Thai Business Visa gives the bearer the right to work in Thailand. A Business visa and a Thai work permit are two different documents issued by two different Thai government agencies. The Thai work permit is issued by the Thai Ministry of Labour while the Thai Business Visa is issued at a Royal Thai Consulate overseas and extended at a Royal Thai Immigration police office within the Kingdom.

Who Needs A Thai Work Permit?

In Thailand a work permit is a necessity for the expat wishing to earn a living in the tropical Kingdom. Many people in Thailand opt to work without obtaining the proper work permit. Still others work for companies and are told that a Thai work permit is not needed. This scenario is often played out where teaching is involved. Many teachers are told by their schools that they do not need a work permit. In reality, anyone engaging in any sort of labor in Thailand must obtain a work permit. Even those participating in charity work must get a Thai work permit.

How can a Thai Lawyer Assist in Obtaining a Thai Work Permit

A Thai lawyer can give specific advice regarding the steps that must be taken in order to obtain a Thai work permit. Also, a competent legal professional can accompany the non-Thai work permit seeker to the Thai Ministry of Labour (Labor) in order to submit the work permit application and ultimately obtain the actual Thai work permit. It is always recommended that those seeking a Thai work permit retain the services of a legal professional in order to expedite the application properly.

Note: None of the above post should be used in lieu of legal advice from a licensed attorney in the jurisdiction in which one wishes to conduct business.

Tags: Thai Ministry of Labor, Thai Work Permit, Thailand Business Visa, Thailand Employment Law, Thailand Immigration, Thailand Work Permit
Posted in Thailand Business | No Comments »