
Integrity Legal
- Legal Blog
- Integrity Legal Home
- Thai Visa
- Company in Thailand
- Real Estate Thailand
- US Visa
- Contact Us
Posts Tagged ‘Thailand Visa’
28th December 2009
Thailand Visa Application Adjudication at Thai Consulates Abroad
Posted by : admin
This author has had the good fortune to witness the many different ways in which Thailand visa applications are adjudicated. Generally, the adjudication of Thai visa applications depends upon the post at which the applicant is applying.
At many of the Thai Consulates and Embassies in Southeast Asia a long term Thai visa can be difficult to obtain (long term meaning those visas issued with a validity of more than 90 days). This is likely due to the fact that many of the posts in Southeastern Asia have become used to so-called “visa runners” who use nearby Thai Consulates to obtain visas to remain in the country long term. At one time, the Royal Thai Consulate in Penang was popular among visa runners. This author recently had the opportunity to visit the Thai Consulate in Burma and was surprised to find an extremely efficient and well run post, but one that does not routinely issue visas with more validity than 90 days.
Unlike the United States, Thailand issues very few, if any, immigrant visas at Consulates and Embassies abroad. Part of this is likely due to the fact that these two Immigration systems are very different. However, another explanation could be the fact that Royal Thai Embassies and Consulates abroad may not have the capacity to handle the adjudication of Immigrant visas like a US Embassy or US Consulate. Also, Royal Thai Immigration is exclusively responsible for the adjudication of Immigrant visas (also known as Thai Permanent Residence) and such visa applications must be approved in Thailand.
Since Thai Embassies and Consulates generally only issue non-immigrant visas the next question that most people ask is: “how long are such visas valid.” This depends upon the category of the Thai visa, but Royal Thai Embassies generally have the discretion to issue visas with as much as 3 years validity. As a practical matter, the Consulate or Embassy will only issue a visa with a maximum validity of 1 year.
Some Consulates require the applicant to physically present themselves, while other allow for visas to be applied for by post. However, one should not assume that simply because the application is sent in by mail that the officer does not scrutinize the application. On the contrary, there are some who would argue that such applications are more heavily scrutinized compared to “walk in” applications.
Generally, Royal Thai Consulates post the general application requirements and it is incumbent upon the applicant to demonstrate that they meet the requirements and should therefore be granted the Thai visa. Thai tourist visas generally require the least expediture of resources on the part of the applicant. However, Thai Business visas, Thai Retirement visas, and Thai O visas can require a great deal of work in order for the applicant to obtain approval.
18th December 2009
Thai Work Permit Fees Raised
Posted by : admin
It has come to this author’s attention through the channels of Thaivisa.com that the Thai work permit fees are going up effective December 21, 2009. There is only a raise of the initial application fee as the approval fee has not be raised as of the time of this writing. To quote Thaivisa.com’s post about this issue:
“Per written announcement that we received this morning from Bangkok Work Permit Office, the APPLICATION FEE for work permits will increase, effective 21 December 2009 (next Monday) from 100 baht to 600 baht. This increase also applies to applications for changes/modifications of existing work permits. No increase to APPROVAL fees. I have attached to this posting the Thai-language announcement memo from Bangkok Work Permit Office. I have reported everything that I know about this change.”
A Thai work permit entitles the bearer to legally engage in employment activities within the jurisdiction of the Kingdom of Thailand. Many people in Thailand are under the mistaken impression that a Thai business visa entitles the bearer to work authorization in the Kingdom. In point of fact, this is not the case as a business visa is only a travel document and only has an impact upon one’s ability travel to the Kingdom and request admission.
That being said, a Thai business visa can be used as one component of a well-founded work permit application. This is notable because not all Thai visas can be easily used as a basis for submitting a work permit application. Holders of Thai ED visas , for example, hold a Thai visa category that the Ministry of Labour will routinely deny for work authorization. This is due to the fact that this type of visa is not intended for employment purposes and therefore any employment that a foreigner undertakes on this visa must be substantially related to his or her school or University.
Thai O visas can support work permits, but work permit approval is highly dependent upon the reason for O visa issuance. If the O visa is issued because the foreign national is related to a Thai, either by blood or marriage, then work authorization is generally obtained rather easily. Meanwhile, if a foreign national obtains a Thai visa categorized as “O” simply because it is a long term visa, then it may be difficult to obtain work authorization.
Work permit issues are generally not a concern for those present in the Kingdom of Thailand on a Thai retirement visa because retirees are strictly barred from undertaking employment in the Kingdom. Therefore, a raise in work permit fees will probably not have an effect upon those present in the Kingdom for retirement purposes.
17th December 2009
Thai Immigration Heavily Scrutinizing ED Visa Extensions
Posted by : admin
In a recent announcement posted on Thaivisa.com one individual renewing his visa in Thailand was taken aback by the fact that a Royal Thai Immigration officer wanted to test his knowledge of Thai before a Thai visa extension would be granted. To quote the posting directly:
“[I]went to pattaya/jomtien immigration today with all my paperwork to extend my ed visa (callen & walen) for the next 3 months. [A]ll ok on desk number 5 then she pass’s my paperwork to a desk behind her and moves me. [T]he lady starts talking to me in [T]hai, then tells me they are now testing applicants from there 2nd renewal onwards , ie after 6 months on a ed visa. [S]he stated my [T]hai was not up to scratch and that if i did not pass on the next renewal [I] would have my application refused next time. [S]he made it very clear they were now cracking down on ed visa applicants, not surprising really [I] guess with all the signs appearing claiming 1-10 year ed visa’s freely available.”
In recent years Thai ED visas have become extremely popular amongst those who wish to remain in Thailand for a long period of time without resorting “visa runs.” Many have speculated whether these visas would continue to be promulgated as easily as they have been up until this point. One of the popular reasons for obtaining such visas is based upon the applicant’s enrollment in Thai language classes. Until recently, Thai proficiency examinations were not required in order for foreign nationals to remain in the Kingdom on ED visas, but as the above quotation points out, this is no longer the case as Thai immigration officers seem to increasingly demand that applicants for ED visa renewal show some sort of proficiency in the Thai language.
A Thai visa classified as “ED” can be a useful travel document for a student in Thailand, but they are not particularly useful for those who wish to obtain a Thai work permit. Under current Thai immigration and labor regulations it is very difficult to obtain a Thai work permit if the applicant is present in the Kingdom on an ED visa. In some limited cases it may be possible to obtain a work permit on an ED visa if the work is in connection with the applicant’s school. For those interested in working or owning a business in Thailand it may be wise to apply for a Thai business visa as this document can be used, in conjunction with other documentation, as a basis for submitting a work permit application.
8th December 2009
Authorities in Thailand Cracking Down on Drunk Driving
Posted by : admin
In most jurisdictions of the United States of America driving under the influence is considered to be a very serious offense. Commonly known as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) this offense often carries with it stiff fines and penalties. In Thailand, drunk driving is illegal as well, but in some provinces enforcement of the relevant law can be spotty at best. Thaivisa.com in conjunction with The Nation Newspaper are currently reporting that Thai police are increasing their efforts in enforcing drunk driving statutes. This will likely have a major impact upon drivers in the coming weeks as there are many holidays (both western and Thai) during the month of December. As one of the penalties for drunken driving is license suspension or revocation, a brief overview of the process to obtain a Thai driving license is also appropriate.
To quote Thaivisa.com:
“The government is imposing a strict law against drunk driving, under which violators will be arrested immediately and be subject to prosecution within 48 hours, a Bangkok seminar on road safety was told yesterday.A mandatory fine of between Bt5,000 and Bt20,000 will also be imposed on convicted violators, along with the drivers’ licence being suspended for six months or forever for repeat offenders, judge Prasong Mahaleetrakool said…The law will be strictly enforced during the holiday period.”
This author is happy to see the Thai law enforcement authorities taking an active role in discouraging drunken driving. Foreigners in the Kingdom of Thailand should take note of the possibility of license revocation. Obtaining a Thai driving license can be difficult for foreign national’s as a showing of residence in Thailand is required. Residence in Thailand can be difficult to prove for foreigners as many find it difficult to be registered on a Tabien Baan (House Registration Booklet). Foreign Tabien Baans are not easily issued which is likely due, at least in part, to the fact that many of the officers working at a Thai Amphoe Office (Civil Registrar’s Office) are unaccustomed to issuing them. That being said, registration on a Tabien Baan is not the only method of proving residence and once the foreign national demonstrates his or her residence is in Thailand, then it may be possible to obtain a Thai drivers license. In Thailand, separate licenses are issued for cars and motorcycles. This system is similar to most jurisdictions the USA except that Thai officers at the Transportation office actually issue these two licenses on two different cards rather that putting all of the information on one document.
Since driving while intoxicated could lead to the loss of a foreign national’s Thai driving license, it is both wise and prudent for a foreigner to refrain from drinking and driving in the Kingdom of Thailand. Foreign nationals should also note that a drunk driving offense could also lead to the loss of one’s Thai visa as Royal Thai Immigration authorities would probably take a dim view of one who violates the laws of the Kingdom while in the country on a Thailand visa. Those with a Thai fiancee who is the proposed beneficiary of a K1 visa would also be wise in explaining that a drunken driving charge may have an adverse impact upon her ability to obtain this fiancee visa as the US Embassy takes a dim view of criminal convictions when adjudicating visa applications.
5th December 2009
Thailand Work Permits: Activities Constituting Employment
Posted by : admin
Work Permits can be a major issue for those engaging in non-recreational activity in Thailand. Thaivisa. com is reporting that some of those involved with the King’s Cup Regatta were worried that the Ministry of Labour and the Royal Thai Immigration Police may crackdown on foreigners participating in the Regatta. The reason for the possible crackdown was supposedly to be due to unsanctioned employment-like activity. Fortunately, as Thaivisa.com is reporting, rumors of a crackdown are unfounded as authorities have stated that no sailors will be detained for work permit violations connected with the event.
Quoting Thaivisa.com:
Rumors of an imminent crackdown on foreign sailors taking part in the King’s Cup Regatta over work permit violations are untrue, the head of Phuket Immigration has confirmed. A thread on the popular Thai Visa web forum yesterday started with the post: ’Latest from Phuket Town… raiding King’s Cup regatta tomorrow for professional sailors without work permits….’ As Immigration Police would have to play a role in any such crackdown, the Gazette contacted Phuket Immigration Police Superintendent Col Chanatpol Yongbunjerd to see if the rumor was true; it wasn’t, and isn’t. ‘I guarantee that such arrests won’t happen,’ he said.”
Although it may seem trivial, some officials take work permit violations very seriously. As a result, some activities which foreigners consider to be “non-employment,” are used as a basis for fining or detaining individuals in the Kingdom for violations of Thai Labor law.
Immediately following the relatively recent Tsunami in Southern Thailand, many volunteers arrived to assist in relief efforts. Some of these volunteers were disturbed to be informed by Thai authorities that they were in violation of Thai labor regulations. To quote Thailandqa.com:
“‘More than 1,000 foreign volunteers from about 25 countries helping tsunami survivors rebuild shattered lives were outraged yesterday to hear they face legal action by the Labour Ministry unless they have a work permit. Sombat Boonngam-anong, director of the Chiang Rai-based Krajok Ngao Foundation, said confusion and anger reigned among the foreign volunteers at Khao Lak in Phangnga’s Takua Pa district when a Labour Ministry official told a local English-language newspaper that they were required to register with the ministry for a work permit otherwise legal action would be taken against them starting March 1.’ — Bangkok Post, 2nd March 2005, PENCHAN CHAROENSUTHIPAN”
Normally, in order for a foreign national to obtain a Thai work permit the applicant must also present a validly issued Thai visa. Many Thailand visa categories enable the bearer to apply for a work permit. However, the most optimal visa category to support a work permit is the business visa. Unfortunately, it can be difficult to obtain a Thai business visa from a Thailand Embassy or Consulate abroad and therefore many opt to stay in Thailand on tourist visas or exemption stamps. Neither of these documents, on their own, can be used as a basis for submitting a Thai work permit application. Therefore, those wishing to work in the Kingdom should seriously consider applying for a proper visa prior to arrival.
1st December 2009
Thailand Retirement Visas: Age Requirement for Visa Applicants
Posted by : admin
There are many who dream of retiring in beautiful Thailand with its sunny skies, temperate climate and beautiful beaches. For many, retirement in Thailand is akin to retirement in paradise, but under Thai immigration rules, “retirement,” does not begin until an individual reaches fifty years of age. Recently, this author has been questioned by many regarding the age requirement of the Thai retirement visa. In many western countries “early retirement,” is a common occurrence. In Thailand, this is not so common and the Thai Immigration regulations reflect this cultural difference. Fortunately, there are alternatives to the retirement visa that can be used in a similar manner.
Many people in their late forties go into retirement or semi-retirement in Thailand. The benefit of a retirement visa from the standpoint of some is the fact that this visa does not require regular “border runs” or “visa runs.” This is mostly due to the fact that Thai retirement visas are similar to Thai visa extensions. When one is granted a visa extension in Thailand, the person is allowed to remain in the Kingdom for the uninterrupted period noted in their passport. Therefore, if one is granted a 1 year extension, then that individual may remain in Thailand for an entire year without leaving. The visa holder must check in with Royal Thai Immigration once every 90 days, but otherwise there are no further requirements.
For those under 50 wishing to remain in Thailand, obtaining a visa extension can be very difficult. For the Business visa holder, one must have a valid work permit as well as a sponsoring company in order to be granted a visa extension. An O visa holder must have a bona fide reason for extending the underlying visa. In many cases, showing kinship with a Thai national is enough to get a Thai visa extension. However, this does not guarantee extension application approval. As extensions can be difficult, many look to the retirement visa as a way of remaining in the Kingdom. However, there are no exceptions to the age requirement and therefore pursuing such a visa would be futile for someone under 50.
In many ways, a Thai business visa is a superior travel document as it is more flexible than the retirement visa because it does not “pigeon hole” the visa holder into only one activity. There is no prohibition on Business visa recipient’s remaining in the Kingdom unemployed. Instead, the visa holder need simply maintain lawful status and avoid becoming a ward of the state. If these requirements are met, then the business visa holder can remain in the Kingdom long term.
26th November 2009
Passports Aliases: Not Just An Issue For Deposed Prime Ministers
Posted by : admin
In recent months, the former Prime Minister of Thailand, Thaksin Shinawatra, has been in the news as he evades requests for extradition from the Kingdom of Thailand. The website Thaivisa.com is reporting the following:
“Thaksin’s name in passports issued by Nicaragua, Uganda and Montenegro has been changed to “Takki Shinegra,” he said. The Thai government has revoked Thaksin’s diplomatic passport issued during his premiership. He was believed to have an ordinary Thai passport. Some African countries have issued him a special passport to facilitate his travels and his visit to the countries. [Vice Foreign Minister] Panich said Thaksin’s new name may cause problem for Thailand’s attempt to bring him back to face two-year jail term on charge of corruption.” [sic]
The change of Mr. Thaksin’s name is a major obstacle for those who wish to make him return to Thailand. Thaivisa.com further quotes Mr. Panich:
“Problems can happen when we ask foreign countries to extradite him. We name him in our request as Thaksin Shinawatra but when those countries check his presence, they would not find him because he used different name.” [sic]
The issue of dual nationality and different names is not exclusively the problem of Thai authorities. Many people around the world have dual nationality and in many cases, they have different names depending upon their country of Citizenship. This can create a great deal of consternation for Immigration officials.
Dual nationality is not, in and of itself, a problem for those wishing to obtain US or Thai Immigration benefits. However, it can raise many issues with regard to the identity of the individual seeking the immigration benefit. For example, if an individual is born in Hong Kong under one name, but later takes Australian nationality under another name, then that individual’s birth certificate will not likely match his or her Australian passport. This can lead to problems with Immigration authorities as two names can cause confusion and lead to increased scrutiny.
When petitioning for Immigration benefits in any country, it is often required that the applicant divulge any aliases that they may have. For those applying for a Thailand visa or an American visa this is often required and failure to note an alias could result in relatively serious sanctions.
Many countries allow their citizens to have aliases noted in their passport. For United States Citizens, this is definitely a possibility, but requires approval of an application to have a different name noted in a US passport. For those resident in Thailand, it is possible to have an alias noted in a US passport, but one must submit an application to the Consular Officer at the American Citizen Services section of the US Embassy in Bangkok or the US Consulate in Chiang Mai. US Embassies and Consulates elsewhere can perform this service as well. Thai Consulates and Embassies could also note aliases in one’s Thai passport, but one must check with the Consulate beforehand as not all posts are able to complete this task.
25th November 2009
New Thai Work Permit Rules to Be Implemented in 2010
Posted by : admin
The Thai Ministry of Labour seems to be preparing for a major overhaul of the Thai work permit rules. Currently, Thai work permit regulations are relatively straightforward and the process is not particularly cumbersome. However, it would appear that new rules will be put into effect in the beginning of 2010. The following is a brief overview of the proposed rules and requirements.
Currently, there is a list of jobs that foreigners can and cannot engage in, an updated list of the types of employment which foreign nationals will be permitted to engage in will be promulgated on or before February 23, 2010. Pursuant to recent drafts of the updated Ministerial Regulations on the kinds of work that foreign nationals are permitted to engage in, these updated rules and will impact on currently valid work permits as they will be reevaluated upon extension.
The new protocols will force foreign nationals, when submitting a request for a work permit to be issued or renewed, to explain both the type of work (apparently, there will be between six and eight employment categories) and the actual job title that the foreign national will apply for.
Information regarding Ministry approved positions will not be available to the public as only officers at the Thai Ministry of Labour will have the list of approved positions. This list will be in an “internal guidebook,” which will only be distributed within the Ministry.
If a foreigner applies for a position that is not listed in the Ministry’s “internal guidebook,” the application will likely be denied. The foreign national may submit a new application but it will be placed under heavy scrutiny by the officers.
The sponsoring company’s business plan will also be required as well evidence showing that the company attempted to employ a Thai national in the position, but was unsuccessful in finding anyone to fill the role.
It should be noted that although these new rules will not have a direct affect upon one’s Thailand visa, failure to obtain a Thai work permit before one’s visa extension application is due could result in an inability to obtain a new visa extension and thereby cause the foreigner to fall out of status. For those staying in Thailand on a business visa, it may be wise to keep an eye upon the work permit rules as these rule changes will likely affect a foreigner’s ability to remain in the Kingdom in their current position. Those who own a company in Thailand should stay abreast of the rules as they could have a major impact upon a company’s human resources department.
19th November 2009
Thailand Visa Run: Do I need another visa?
Posted by : admin
Although not a major topic on this blog, the visa run is an issue for many expatriates, or expats, in Thailand. There was a time when remaining in Thailand for a virtually indefinite period of time simply required a “visa run” or “border run,” once every thirty days. However, Thai Immigration regulations have been in a state of flux for approximately 5-10 years and one of the biggest changes was the end of the infinite 3o day visa exemption. Today, a foreigner will usually only receive a 15 day visa exemption at a land border in Thailand. This is unhelpful for those wishing to remain in Thailand for a long period of time as Thai Immigration officials require at least 21 days of lawful status to convert a Thai visa or extend a Thai visa.
The border run or “visa run” is still important for many as it is still required of one in the Kingdom on a long term multiple entry Thai visa. A one year multiple entry visa for Thailand provides the bearer with 90 days of lawful status per entry. In the case of the Thai business visa, business travelers often leave Thailand before their duration of stay has ended. However, in cases where the traveler must remain past 90 days he or she will need to leave the country and be stamped back in at a port of entry.
A common method of fulfilling this Thai Immigration requirement is through use of a land border. A very popular “border run” or “visa run” destination for those residing in Bangkok is Cambodia. Although currently their are some tensions with Cambodia that threaten to close the Cambodia border. At present, it would appear that the border will remain open. That being said, another issue arises. Namely, does one need a visa to enter Cambodia on their “visa run?” For most passport holders the answer to this question is: Yes. With the exception of ASEAN nations, most foreign passport holders need a visa to enter Cambodia. Currently the price of a Cambodian visa is $20 although this price could change.
Some border runners and visa runners opt to travel to other countries near Thailand as a method of fulfilling Thai Immigration requirements. Popular destinations are Burma (Myanmar), Laos, and Malaysia. Currently, Malaysia has a visa waiver program for most passport holders while Burma (Myanmar) requires a visa for those from nearly every nation. A Burmese visa can be obtained at the Myanmar Embassy in Bangkok. As to Laos, a visa exemption or visa on arrival is granted to most entrants when they are admitted to Laos at a port of entry.
Some opt to do their “visa run” using an airport. In this situation the visa runner needs to leave Thailand by plane and be stamped back into the Kingdom upon return. Malaysia has become a popular destination as the Royal Thai Embassy in Kuala Lumpur is popular for short term Thai visa applications.
Thailand visa rules can act as an inconvenience to many foreigners in Thailand, but through research on the current Immigration laws one can make the process as hassle-free as possible.
9th November 2009
Maintaining Visa Status for Permanent Residence in Thailand
Posted by : admin
Many long term expatriates in Thailand eventually begin to think about the possibility of applying for Thai Permanent Residence. As with many things in Thailand, acquiring Thailand Permanent Residence can be a very time consuming proposition and failure to maintain one’s Immigration status prior to the submission of a Permanent Residence application could result in major delays and frustration.
Although it can be somewhat simple to obtain a short term Thailand visa (Thai tourist visa, ED visa, etc), obtaining a long stay Thai visa can be extremely difficult in some situations. For many, obtaining a Thai business visa can be a daunting endeavor. Even more difficult is the visa extension process which requires a great deal of documentation for those who are seeking to extend a validly issued Thai business visa. For those who are staying in Thailand on a visa that is based upon a relationship to a Thai national, the extension process generally requires less documentation, but does require a showing of financial sufficiency.
The reason the extension process is mentioned above is due to the fact that it has a critical impact upon the Permanent Residence application. Under current Thai Immigration regulations a foreign national in Thailand must have maintained at least 3 years of unbroken visa status in Thailand in order to be eligible for Permanent Residence. This means that the foreigner needs to have had 3 visa extensions with no “gaps” of unlawful presence.
Maintaining said status for three years can be a difficult task particularly for those who are employed by multiple companies. One in this position must make certain that their visa status remains unbroken despite changes of employment and/or visa sponsorship. For the self-employed who own their own Thai Company and use it to maintain a Thai visa and work permit, this is less of an issue. Even then, one should keep a close eye upon one’s visa status.
A common question with regard to Thai Permanent Residence and prior visa status involves the Thai Reentry Permit. A Thai reentry permit allows a foreigner to leave the country and return while still maintaining the same visa status. If a reentry permit is obtained then lawful status can be maintained and so long as it is maintained for 3 or more years the visa holder may apply for permanent residence in Thailand provided the other requirements are met. If a visa holder does not return to the Kingdom to maintain their status they will fall out of status and subsequently become ineligible for Permanent residence.
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.