Integrity Legal

In recent days, the political situation has grown tense between Thailand and Cambodia. We will not go into the details about the politics here, but there has been some apprehension that the Thai-Cambodia border may be closed. However, according to the website Thaivisa.com the border will remain open for time being. To quote the site directly:

“The Thai-Cambodian border situation in Thailand’s eastern provinces of Sa Kaeo and Chanthaburi remains normal, although some worried Cambodians have flocked to border markets in both Thai provinces to buy consumer goods due to fear of the checkpoints’ closure…However, Thai soldiers on the local site explained to tourists wanting to cross the border that the situation is still normal and there has been no decision to close the border.”

For those who are unaware, a “visa run,” is basically a trip to the border to renew one’s visa status. Visa runs have been slowly diminishing as the Thai visa rules change. However, many foreigners in Thailand still opt to do a “visa run” in order to keep themselves in status. A closure of the Thai-Cambodian border would likely result in difficulties for those dependent upon said border for status renewal. That being said, the Thai-Lao border may be a viable option for visa runners while some simply opt to acquire a long term Thai visa.

Currently Thai border police and Immigration officials are only granting 15 days lawful status to those entering the Kingdom via a land border. This type of status is also known as a visa exemption. At airports, one can expect to be granted a 30 day Thai visa exemption stamp (depending upon the entrant’s nationality).

For more information regarding Thai Immigration and Visa Issues Please see: Thailand visa.

Tags: Cambodia Visa Run, Thai Visa, Thai-Cambodian Border, Thailand Cambodia Border, Thailand Visa, Visa Run, Visa Runners
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In Thailand, any foreign national who wishes to be employed in the Kingdom must first obtain a work permit. Any Thai company that wishes to employ a foreigner must first meet certain requirements before the Thai Ministry of Labour will issue a work permit to a foreign national. Most notable among the requirements: any company employing a foreigner must have at least 2 million baht in registered capital (There may be exceptions for those with Thai Permanent Residence or an O visa based upon marriage to a Thai national). For the most part, employees in Thailand will only have one employer. However, sometimes situations arise where a foreign worker wishes to take up a second job. In this case a second employer will need to be noted in the work permit booklet.

There is a common misconception that a Thai work permit allows a foreigner to work anywhere in any capacity within the Kingdom of Thailand. Unfortunately, this is not the case, the work permit simply allows the foreigner to be engaged in the specifically noted activity stipulated in the work permit. Further, the work permit only allows the foreigner to be employed at the place of employment noted in the work permit booklet. Therefore, the address of the employer could be inferred as the only location where the foreigner is eligible to work.

Should secondary employment be sought by the foreigner, then it may be possible have another employer noted in the foreigner’s work permit. However, the first employer must agree to have a second employer noted therein. Further, the activity specified in the permit must be in conformity with the employment restrictions in the Thai Foreign Business Act. This legislation restricts foreigners from engaging in certain business activities in the Kingdom of Thailand.

The addition of a second employer should not have an impact upon the foreign national’s visa status in the Kingdom provided the original employer continues to meet the Thai Immigration rules regarding requirements for sponsorship of a Thai visa extension. Basically, the foreign national will continue to maintain one visa (sponsored by the original employer), but will have two work authorizations (one for the original employer and another for the secondary employer).

In a case where the original employment is ending, but the foreign national wishes to continue to reside in the Kingdom and work for what had been his second employer, a new Thailand visa extension could be issued if the foreigner quickly petitions for such an extension (it usually must be within 7 days) and the secondary employer meets the requirements for sponsoring a Thai visa extension.

Tags: Thai Visa, Thai Visa Extension, Thai Work Permit, Thailand Business, Thailand company, Thailand Visa, Thailand visa extension, Work Permit, work permit Thailand
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | 1 Comment »

For those interested in purchasing property in the Kingdom of Thailand, Condominiums can be an attractive proposition. One of the major benefits of Thai Condo ownership is the fact that a foreign national is allowed to take possession of foreign freehold title to that particular piece of Thai Real Estate. In Thailand, foreigners are greatly restricted with regard to Thai property as they cannot own land outright. There are certain situations in which a Thai company can be utilized in such a way that a foreigner enjoys the benefits of land ownership, but these type of structures can be cumbersome and recently the Thai authorities have been cracking down on such entities.

Thai Condos provide the benefit of allowing the foreign national to be registered on the Thai Chanote (Title Deed). Further, by being the owner of a Condo in Thailand, the foreigner can apply to obtain a foreign Tabien Baan (house registration booklet) which can be a major benefit as this document is very useful in conducting legal and business transactions in the Kingdom of Thailand. Further, a Thai Condo owner may be able to enjoy some immigration benefits in the form of a Thailand visa as the owner can show that they are living in the Kingdom and contributing to the economy.

One notable issue that often arises in cases involving Thai Condominiums is the requirement that all funds used to purchase the Condo must originate from overseas. This requirement can be met by those earning an income in Thailand, but a great deal of paperwork must be submitted in order to use income earned in Thailand. An even more pressing issue, however, is that of capital flight after the future sale of a Thai Condo unit. The government of Thailand along with the Thai banks have promulgated policies in order to keep foreign capital in the Kingdom when that capital has been previously used to purchase Thai real estate. For example, if a foreigner in Thailand has a Condo unit and opts to sell it. The proceeds from the sale could be practically impounded in the sense that the Thai authorities will place many restrictions on sending said funds abroad. This situation can be averted throught prior planning. If one seeks the advice of a Thailand Real Estate lawyer, they could provide advice and strategies about how one can structure a Thai Condo purchase in such a way that the proceeds from a future sale can be moved abroad at a future point in time, should a sale even occur.

Tags: Thai Condo, Thai Condominium, Thailand Condo, Thailand Condominium, Thailand Property, Thailand Property Law, Thailand Real Estate, Thailand Real Estate Law, Thailand Visa
Posted in Legal Opinion, Miscellaneous, Thailand Condo, Thailand Property, Thailand Real Estate, Thailand Visa | 1 Comment »

For those traveling to Myanmar information on the Myanmar (Burmese) Embassy in Bangkok, Thailand may be helpful in making preparations for a Myanmar visa application. The government of the Union of Myanmar requires a sort of “exit visa” for those leaving the country if they have not received a Myanmar visa before entering the country. Therefore, it is highly advisable to obtain a Myanmar visa before traveling to the country as it will make the entrance and exit process a great deal more streamlined. Myanmar requires many foreign nationals to obtain a visa in any event. That being said, the Myanmar visa application process can be a rather cumbersome undertaking as the Myanmar Consular Section, although very courteous and polite, seems to have a very heavy caseload of visa applications.

Out of all the countries in the Association of Southeast Asian Nations (ASEAN), Myanmar is the only one that does not allow visa free travel for nationals of member nations. Therefore, those wishing to travel to Myanmar will likely need a visa unless they are able to enter on some sort of visa exemption.

The Myanmar Embassy is in Bangkok near Sathorn Road in the Silom area. Currently, the Consular Section is undergoing renovations so the waiting room is in a state of some disarray. Therefore, foreknowledge of the protocols may be beneficial. Currently, all applicants must submit their visa applications in person. Therefore, one cannot send a messenger in one’s stead. Applicant’s must get a number from the first window. The Consular officer will go over the visa application and if approved they will ask the applicant to remit their passport and return to pick it up. If the applicant submits the application late in the day, then it may be necessary to wait until the following day to pick up the visa and passport.  Myanmar visas are usually issued with a validity of 30 days. That being said, unlike a Thailand visa or an American visa, the Myanmar visa only allows presence in the country during that time period. Unlike Thai or US visas the entrant will not be stamped into the country in lawful status that may surpass the underlying visa’s initial validity. Something akin to a Thai visa extension must be obtained in order to remain in the Union of Myanmar longer than the initial visa’s validity period.

The Consulate will give the applicant a visa stamp in their passport as well as another slip which must be presented along with the visa at the Immigration checkpoint in Myanmar. After being stamped into Myanmar, the entrant can remain until the visa expires. Myanmar allows for tourist as well as business visas. That being said, business visas can be difficult to obtain.

Tags: Burma Embassy Bangkok, Burma Embassy Thailand, Burma Visa, Burmese Visa, Myanmar Embassy Bangkok, Myanmar Embassy Thailand, Myanmar Visa, Thailand Visa
Posted in General Legal Information, Miscellaneous, Thailand Visa, US Visa and Immigration | 1 Comment »

There are many Thai Embassies and Consulates throughout Southeast Asia. One of the major posts in the region is definitely the Royal Thai Embassy in Kuala Lumpur. Thailand and Malaysia share a border and are two of the larger members of the Association of Southeast Asian Nations (ASEAN). This likely explains why both nations maintain relatively large diplomatic and consular posts in each of  these countries. Kuala Lumpur is also a major destination for those wishing to acquire a Thai visa at a Consular post abroad.

The reason for the attraction is likely based largely upon the fact that there are frequent flights from Bangkok to Kuala Lumpur and these flights are relatively cheap compared to airfares for other destinations in the region. Recently, the Royal Thai Consulate in Penang, Malaysia began restricting the issuance of Thai tourist visas to those who have been remaining in Thailand for long periods of time. As a result, many so called “visa runners” have been searching for more flexible consulates in the region. There seems to be no doubt that the Royal Thai Embassy in KL is maintaining a visa issuance policy similar to Penang. However, many visa runners opt to use different posts in an effort to obtain a new visa.

For those thinking of traveling long term in Southeast Asia, it may be wise to develop a strategy regarding one’s visa needs before leaving one’s home country. For example, obtaining a 1 year multiple entry visa before traveling to Thailand would create a great deal of flexibility for the traveler even if he or she does not stay in Thailand for a year and opts to travel throughout the region. This would be a benefit because a long term Thai visa such as this allows for 90 days upon each entry and permits infinite entries for as long as the visa is valid. Therefore, if one is backpacking throughout the region and Thailand is the main country to be toured, a long term visa would be a great deal more beneficial than simply using visa exemption stamps or single entry tourist visas because one cannot cross land borders and be admitted multiple times using either of these methods. Currently, one will only be granted 15 days of lawful presence at any land border port of entry to Thailand.

For the most part, Consulates and Embassies in Southeast Asia will only issue non-immigrant visas such as the Thai Business visa and the Thai O visa for a duration of 90 days.  Therefore, if one obtains a non-immigrant visa at one of these posts, then it may be necessary to acquire a visa extension through the Royal Thai Immigration Police Department in Thailand.

For more information please see: thailand visa

Tags: Thai Embassy KL, Thai Embassy Kuala Lumpur, Thai Embassy Malaysia, Thai Visa, Thai Visa Kuala Lumpur, Thailand Embassy KL, Thailand Embassy Kuala Lumpur, Thailand Embassy Malaysia, Thailand Visa, Thailand Visa Malaysia, Thailand visa run, Thailand Visas
Posted in General Legal Information, Miscellaneous, Thai Embassy Kuala Lumpur, Thailand Embassy, Thailand Visa | No Comments »

In Thailand, a major concern for expatriates, tourists, and permanent residents is banking. Many people need to set up Thai bank accounts in order to transact personal business in the Kingdom or for international financial purposes. Unfortunately, like many things in Thailand, setting up a Thai bank account can be somewhat difficult, especially for a new arrival trying to establish themselves. In Thailand, each financial institution has its own unique set of rules and regulations imposed upon those who wish to set up an account. Compounding this byzantine situation is the fact that rules and requirements depend upon the type of account one wishes to set up. Business accounts, Foreign Currency accounts, personal savings accounts, and checking accounts all have differing documentation requirements.

For those entering the Kingdom on a Thai visa exemption, opening a bank account in Thailand may prove difficult as many banks are now requiring that an applicant have at least a long term non-immigrant Thailand visa. Some banks take their due diligence efforts one step further and require that a prospective account holder provide a Thai work permit. The practice of requiring a Thai work permit seems to have become a common requirement for nearly all Thai banks in recent months.

There are others who wish to set up Thai corporate bank accounts in the Kingdom, these people are often either the Managing Director of a Thai company or they are thinking of setting up a Thai company. In either case, a great deal of documentation must be submitted in order to obtain a Thai bank account for a Thai corporation. Even where a corporate account can be established, a personal savings account may be necessary if one wishes to have a debit card. As a general rule in Thailand, banks will not issue debit cards for corporate checking accounts. Credit Cards are also notoriously difficult to obtain for corporations as well as individuals who are not Thai Citizens. It is possible to obtain a Thai Credit card, but in many cases the requirements are extremely stringent.

An issue ancillary to Thai banking is Thai mortgages. Obtaining a Thai mortgage can be very difficult for a foreigner. For those wishing to buy a Thai condo it must be remembered that funds for purchase must be brought into the Kingdom from abroad. How this requirement interacts with issues surrounding the Thai mortgage likely is dependent upon the unique facts of the situation.

Tags: Thai Bank Account, Thai Banking, Thai Company, Thai Condo, Thai Credit Card, Thai Mortgage, Thai Visa, Thai Work Permit, Thailand Bank Account, Thailand Banking, Thailand company, Thailand Credit Card, Thailand Visa
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Property, Thailand Real Estate | No Comments »

There are many expatriates living in the Kingdom of Thailand who opt to run their own business(es). In cases where the expat is not married to a Thai national, then it is highly likely that a Thai business visa will be used in order to remain in the Kingdom long term. A somewhat tongue-in-cheek question that often arises in the context of Thai business is: why do I need to pay my taxes? Although no one actually expects to be granted some sort of tax amnesty, the fact remains that no one really relishes paying taxes. It can be even more difficult when one takes into account the fact that Thailand is predominantly a cash based economy. However, for expats basing their visa status upon small business ownership in the Kingdom, visas and taxes are inexorably linked.

Each year, each and every limited company in Thailand must submit an up-to-date balance sheet reflecting the profits and losses for the previous fiscal year. The managing director of a Thai limited company can do themselves a great disservice by failing to submit a yearly balance sheet as this can be punishable by strict sanctions and fines. Thailand, like many nations, imposes a corporate tax upon nearly all legal entities operating within the jurisdiction of the Kingdom of Thailand.  Further a corporate witholding tax is required for certain transactions.

In Thailand, the most well known method of taxation is the Value Added Tax (aka VAT). The government places a value added tax of seven percent upon most goods and services. The consequences for a business that fails to pay these taxes can be severe.

The reader is likely asking themselves: “Ok, I understand, Thailand has taxes, but how does this effect my Thai visa?” One of the major concerns of Thai Immigration officers is that those present in the Kingdom of Thailand on a business visa will use a “shell company,” in order to maintain Business visa status. In order to forestall such chicanery, Thai Immigration routinely looks at the tax records of companies that employ foreigners. This mostly occurs when the foreign national attempts to obtain a visa extension or a visa extension renewal. This type of scrutiny can also occur at the Ministry of Labour when a foreigner submits an application for an extension of his or her Thai work permit. In cases such as this, it is always better to have a good record of tax payment as this can greatly facilitate the quick issuance of a Thai visa or work permit.

Tags: Thai VAT, Thai Visa, Thai Visa Extension, Thailand Immigration, Thailand taxes, Thailand VAT, Thailand Visa, Thailand Work Permit, VAT
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa | No Comments »

It is interesting to discuss recent changes in Thai Immigration rules with the so-called “old timers” or “old Thailand hands” because they can remember far simpler times when Thai Immigration rules were far less byzantine and self-contradictory. That being said, Thailand was also a far less hospitable place in the past and a by-product of Thailand’s overall economic expansion has been a tightening of Thai Immigration regulations.

At one time, immediately following the second world war any entrant into the Kingdom was immediately accorded immigrant status which today would be known as Thai Permanent Residence. Although not Thai Citizens, Immigrant in the Kingdom were accorded a great many legal rights and privileges.

As time passed, a new immigration category was added: Non-immigrant. This category was initially intended for obvious tourists and other persons present in the Kingdom with non-immigrant intent. At this point it was still relatively easy to acquire permanent resident status in the Kingdom of Thailand. A visa holder classified as non-immigrant could generally convert their visa to the immigrant visa category within a few weeks and legally take up permanent residence (a process called adjustment of status in present USA visa parlance).

In the early to middle nineteen seventies, the sub-stratification of the non-immigrant visa category began. Within the non-immigrant visa category, the entrant was deemed to be in the Kingdom for a certain purpose. As a result there were Thai tourist visas, Thai business visas, Thai O visas, etc. Also, at this time, Thai Permanent Residence became extremely difficult to obtain when compared to the ease with which it could have been acquired in the past. Quotas were set regarding the number of applications that would be accepted for applicants of differing nationality.  An applicant was also required to remain in the Kingdom for at least three consecutive legally unbroken years before an application for residence would be accepted.

It is also interesting to hear about times past because the Thai work permit was originally not an issue. For a long time, it was not necessary for a foreign national in Thailand to obtain a work permit in order to be employed in the Kingdom. In the nineteen seventies, this situation changed and any non-Thai national was compelled to acquire a work permit to be employed in Thailand. Originally, many people were granted lifetime work permits. In other cases, the work permit itself had to be renewed but the particulars of the permit were not reviewable. This meant that although one had to maintain the necessary fees, the Ministry of Labour could not cancel the permit for any reason other than failure to pay the administrative fee. All of this is very different than the system today where Thai work permits are constantly renewable and visa regulations seem to change with the wind.

Tags: Thai Business Visa, Thai O Visa, Thai permanent residence, Thai Work Permit, Thailand Business Visa, Thailand Permanent Residence, Thailand Visa, Thailand Work Permit
Posted in Legal Opinion, Miscellaneous, Thailand Business, Thailand Visa, Weird Law | No Comments »

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 »