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Posts Tagged ‘Thailand Visa’

20th December 2016

Many senior citizen expatriates living in Thailand are familiar with the Thai retirement visa. However, in recent weeks new information has come to light regarding possible changes to the retirement visa category. According to the Bangkok Post, the government in Thailand is willing to allow for a visa scheme which will provide individuals age 50 or older with a visa that could last for a duration of 10 years. To quote directly from the Bangkok Post:

The cabinet on Tuesday extended to 10 years from one the long-stay visa for foreigners aged 50 or more but they must report to immigration police every 90 days. The visa will be valid initially for five years and could be renewed for another five, Col Apisit Chaiyanuwat, vice minister at the Prime Minister’s Office, said.

It should be noted that as of the time of this writing, this blogger has yet to see this new visa scheme implemented in practice. However, it appears by all accounts that the government is serious about eventual implementation. According to the Bangkok Post and other sources the new visa fee will be 10,000 baht for these “extended retirement visas” and the applicant for such a visa will need to be able to demonstrate that he or she has maintained a bank balance of at least 3 million baht in a Thai bank account for one year prior to the application for such a visa. Of keen interest to many expats in Thailand is whether this scheme is intended to supplant the currently existing scheme granting 1 year Thai retirement visas. As of the time of this writing it appears that this newly proposed system will not have an impact on the 1 year retirement visa framework which is already in place, but will instead operate parallel to the current regime.

Meanwhile, while on the one hand the Thai government appears willing to provide more ease to certain individuals staying long term in Thailand, on the other hand the Immigration authorities seem very serious about keeping certain foreigners out of Thailand. According to a posting on the Stickboy Bangkok website, it appears that the era of so-called “visa runs” or “border runs” has finally come to an end once and for all. As noted on that site, it appears that new immigration rules have been promulgated through publication in the Royal Thai Gazette. It appears that the new rules will only allow 2 “border runs” per year. This will effectively put an end to the system of maintaining lawful status in Thailand by simply traveling outside of Thailand via overland border crossings and immediately coming back into the Kingdom.

It should be noted that the apparent ban on border running only applies to exemption stamps (the 30 or 15 day stamps granted to those of certain nationalities who arrive at a Thai border without a visa). It does not apply to multi-entry tourist visas or multi entry non-immigrant visas such as the business visa. It should be noted that the recent changes being implemented regarding border runs and the new enforcement of blacklisting foreign nationals who overstay in Thailand longer than 90 days creates a far less lax attitude toward immigration matters in Thailand.

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1st August 2016

In prior postings on this blog the issues of Thai immigration law and immigration enforcement have been discussed. In a rather recent posting it was noted that Thai immigration is placing increased scrutiny upon those seeking marriage visas (officially referred to as Thai O visas) in the Kingdom. It appears that after discovery of a spate of sham marriages perpetuated in order to obtain Thai immigration benefits, Thai immigration authorities began to subject Thai marriage visa applications to more intense scrutiny. This matter apparently remains a top priority of immigration officials in Thailand as a recent article in the Bangkok Post points out that high ranking officials with the Royal Thai Immigration Police have issued new directives with respect to this issue:

Pol Lt Gen Nathathorn warned officers against dishonest acts as he listed the bureau’s action plans to screen foreigners in the country illegally…He ordered immigration officers to investigate if authorities colluded with foreigners to help enable sham marriages.

This news comes amidst the recent revelation that the so-called “border run” method of maintaining lawful immigration status in Thailand is coming to an end. In a recent posting on the Love Pattaya Thailand website it has been noted that as of August 13th 2016 the days of visa running to obtain a 15, 30, or even 60 day stamp is coming to an end. To quote directly from the aforementioned website:

The Immigration Bureau have already told the officials to refuse entry to foreigners on visa runs as a measure to stop the exploitation of tourist visas and visa exemptions to live or work here. Tourists wishing to extend their stay in Thailand must now need to exit the country and apply for a proper tourist visa

In the past, one could hope to obtain a new thirty day stamp at the airport in Thailand so long one was willing to fly out of the country and immediately get on a plane and fly back in. It appears that this is no longer feasible as so-called “fly-out/fly-in” visa runs will be discouraged following August 13th to the point where presumably such travelers will be turned away and not permitted to reenter the country without a duly issued visa from a Royal Thai Embassy or Consulate abroad.

Meanwhile, Japan just recently solidified her position as the number one tourist destination of people from Southeast Asia. Japan tops the list of most favored tourist destinations among Thai nationals. It appears that Thai tourism numbers in Japan has been on the upswing since the easing of visa rules for Thai nationals including 15 day visa free travel.

This news comes at the same time as news that Taiwan is allowing Thai tourists to travel visa free to that country starting August 1st. It will be interesting to see if this move has a positive impact upon the tourism sector in Taiwan.

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10th April 2016

In previous postings on this blog the recent policies of the Royal Thai Immigration Police regarding visa overstayers in Thailand have been noted. In follow up to those articles, it should be noted that Thai immigration officials have recorded a sharp decline in the number of people physically present in Thailand beyond the expiration date of their visa. In a recent Bangkok Post article, the drop in overstay was noted:

The more than 39% decline, from 810,522 in October last year to 486,947 in March, shows “our new measure is effective”, Immigration Bureau chief Nathathorn Prousoontorn said on Friday.

While immigration officers chalk up a victory in the campaign to thwart overstaying foreigners it appears that a new issue has come to the forefront. In another article in a more recent edition of the Bangkok Post suspicious trends in Thai Marriage registration numbers were reported:

Bureau chief Nathathorn Prousoontorn said several foreign nationals are believed to have resorted to sham marriages as a loophole to stay in the country…The [Royal Thai Immigration Police] received a tip-off from the Public Anti-Corruption Commission (PACC) that at least 150 Thai women in one district of a northeastern province had married foreigners in the past few months.

Clearly, the recent spike in marriages and the recent change in immigration overstay policy cannot be assumed to be coincidental. However, the upshot of these developments is the very strong probability that all upcoming Thai marriage visa applications (otherwise referred to as O visa applications) will be more heavily scrutinized when compared to similar applications lodged in the past. This blogger can personally attest to the fact that since policy changes at Thai immigration in late 2015 the process of obtaining or renewing a Thai business visa has been a more intensive endeavor as Immigration officials scrutinize all business visa applications and supporting documentation extremely thoroughly. Therefore, this recent news regarding marriage scrutiny could easily lead one to infer that future marriage visa extension applications and renewal applications could require more documentation and the backlog for issuing such documents could become exacerbated as a result of the increased scrutiny and documentation requirements.

As a general rule, this blogger has advised those interested in remaining in Thailand to understand that the process of obtaining a long term Thai visa and/or a Thai work permit is becoming increasingly complex. As a result of this increased complexity, the notion that the Thai immigration process is something that is quick and easy is simply a fallacy. Thai immigration matters are arguably as complicated and time consuming as immigration issues arising in countries such as the USA or the UK. Those undertaking Thai immigration matters for the first time are strongly encouraged to retain the assistance of a competent professional.

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2nd March 2016

In a recent posting on the website of the National News Bureau of Thailand the possibility of issuing Thai work permits with a validity of two years was discussed. To see the announcement please read this quotation from the aforementioned website:

The Cabinet has approved the extension of the work permit for foreign nationals to two years while giving employers four months to bring their workers to apply for the document. Director-General of the Department of Employment Arak Prommanee revealed that Cabinet approval has been granted to the proposal of the committee in charge of foreign labor management policies to have the life of foreign workers’ temporary work permit, or the pink card, extended from one year to two years. As a result, workers whose permits will expire on March 31, 2016 will be allowed to stay in the Kingdom for two more years, pending the nationality verification process. To apply for the new permit, employers will be required to take their foreign employees to report themselves at registration spots designated by the Department of Employment within 120 days from April 1. The Cabinet also assigned the Department of Employment to adopt regulations in support of the permit extension within 120 days, with consideration to be given to the prevention of foreign labor shortage, national security, prevention of permanent residency, assurance of workers’ protection and establishment of an efficient management system.

It should be noted that the announcement above seems unclear regarding the type of work permit discussed. Some foreign nationals, such as Burmese, Cambodian, and Lao nationals, have a different work permit regime compared to other foreign nationals and from the above information it is difficult to ascertain whether the proposed 2 year Thai work permit scheme is meant for all foreign work permits or a specified subset. Further information will be provided for clarification should a further announcement be made.

Meanwhile, while it appears from the above announcement that Thai officials may be poised to implement more favorable conditions regarding foreign labor regulations, Thai immigration rules are poised to become much more stringently applied. New immigration rules have been on the horizon for some time now as evidenced by a January 2016 articlein the Bangkok Post discussing the proposed rule changes:

In just under two months, the Immigration Bureau will officially begin arrests and tough new penalties against foreign law-breakers. The programme is in the hands of Pol Lt Gen Nathathorn Prousoontorn, one of the most experienced immigration officers. He has spent some time drawing up new laws, rules and regulations, as part of the first major overhaul of immigration enforcement in decades.

Those overstaying a visa in Thailand will soon face strict fines and penalties. Moreover, those caught committing a crime while overstaying could see themselves barred from entering Thailand for as long as ten years. There are some who would argue that these changes are long overdue. For decades, Thailand’s immigration rules have been quite lax when compared with the rules and regulations of other countries (notably the United States which has, since the mid 1950s, had severe bars for overstaying enshrined in the provisions of the United States Immigration and Nationality Act), but that era appears to be coming to an end. In the future, those overstaying more than 90 days could see themselves barred from reentering Thailand for varying periods of time depending upon the amount of time they have overstayed.

In a more recent article in the Bangkok Post further clarification was provided regarding how far immigration officials are seemingly willing to go in enforcing the soon-to-be enacted rules for overstayers:

Overstaying just got serious. After decades of treating visa-overstay less seriously than jaywalking, there now will be real and lasting consequences…the computerised blacklist operators at every airport and border crossing are going to kick out those who have overstayed, and not let them back. This is the really new part of the plan – exile.

Finally, notwithstanding the previously noted implementation of stricter overstay rules, it appears that those in Thailand as journalists may face increased scrutiny from immigration. In the aforementioned article, new rules for M visa holders (“M” standing for Media) was discussed:

The Foreign Ministry announced tweaked rules for the M-class non-immigrant visa and extension. Minister Don Pramudwinai himself helped to write, signed off, defended and will oversee the new rules for journalists.

Although presently there are no clear guidelines yet set regarding the new regime for administering M visas the consensus seems to be that M visa issuance may become more selective. Some have surmised that fewer freelance journalists will be granted M visas moving forward. This blog will continue to provide updates on the situation as the rules come into effect and the methods of enforcing new rule changes become clearer. Readers are strongly encouraged to follow the links above and conduct their own research on these matters as failure to adequately understand these policies could lead to problems in the future. New rules for overstay in Thailand are set to be implemented in mid-March 2016.

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22nd January 2016

In a recent article in the Pattaya Mail it was noted that those who overstay their visa in Thailand will soon be facing harsh consequences. To quote directly from the aforementioned article:

For those who surrender, foreigners overstaying up to one year will be banned for a year from coming back to Thailand. Three-year bans await overstayers of 1-3 years while those who have lived here without a visa for 3-5 years will be banned for five years. Overstayers of more than five years will be banned for 10 years.

It appears from reading the original notice from immigration that even those who overstay for a period of 90 days will be blacklisted for a 90 day period following their last departure. It would also appear that in conjunction with the recently announced blacklisting rules the Royal Thai Immigration Police have measures in place which will greatly improve that organization’s ability to monitor travelers arriving in Thailand. To quote directly from a recent article in the Bangkok Post:

Immigration police announced Monday the opening of a centralised mechanism to oversee and control the entry and exit of foreigners. The newly established Thai Immigration 24/7 Centre, located at Immigration Bureau headquarters, is divided into three working rooms where officers can monitor real-time CCTV footage at airports, ports and border checkpoints. An advance passenger processing system installed at the centre will allow officers to know personal details of visitors before they arrive, with more than 50 airlines cooperating.

Clearly, Immigration authorities in Thailand are committed to more thorough enforcement of Thailand’s immigration laws. The practical impact of these measures remains to be seen as the new rules regarding overstay are not to come into wide effect until March 20, 2016.

What do these developments mean for foreigner nationals traveling, living, and working in Thailand? First, it is clear that foreigners who once used Thailand’s somewhat lax overstay policy to remain in the Kingdom long term will no longer be able to remain in Thailand this way without some serious repercussions. Also, as Thailand recently announced changes in tourist visa and visa exemption stamp policies it seems clear that although true long term tourists will be able to remain longer in the Kingdom, those who simply use tourist visas as a means of living in Thailand will see this avenue closed in the future.

The Thai business visa remains a viable option for some who wish to remain in Thailand long term while those with a Thai spouse can avail themselves of the O visa to remain in Thailand with their family. Meanwhile, for those who qualify, the Thai retirement visa and the Thai Education visa are also methods of maintaining long term status in the Kingdom.

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23rd March 2015

Many expatriates in Thailand have been finding it increasingly difficult to obtain a long term (1 year or more) visa in Thailand. This frustration may be due in part to the fact that in 2014 new immigration rules were promulgated and the governmental administration in Thailand went through a transition. Moreover, it would also appear as though Thai Consular Officers abroad have been increasingly less inclined to issue one year non-immigrant multiple entry visas to foreign nationals seeking such documents outside of Thailand. Even 90 day visa applications are being placed under increased scrutiny compared to years past. Whether one agrees with these policies is basically irrelevant  as foreign nationals must acclimate themselves to the notion that staying in Thailand long term is becoming more difficult.

In fact, there is a great deal of anecdotal evidence to suggest that remaining in Thailand on an Education visa is not as simple as it used to be. In fact the cost of going to classes has increased for students in various Thai schools. This would appear to be the result of the fact that many so-called “visa mill” schools have been under review or in some cases even closed as they seem to exist only for the purpose of providing long term ED visas to foreign nationals.

Fortunately, all is not completely bleak on this topic. Some genuine schools which offer genuine classes are still able to offer Thai ED visas. That stated, it should be noted that attendance in such classes is being monitored more carefully. Also, if one wishes to conduct legitimate business in Thailand then it is possible to obtain a Thai business visa. However, such applications are being carefully reviewed. The same can be said for Thai retirement visa applications as applicants are finding their financial status reviewed carefully before new retirement visas or new  retirement visa extensions are being issued. Further, it appears that those present in the Kingdom of Thailand on a Thai marriage visa are being subjected to review and in some cases it appears that officers are traveling to marriage visa holder’s homes in order to ascertain whether or not such marriages are in fact genuine. Meanwhile, immigration authorities have imposed new rules requiring digital photographs of those seeking visa extensions notwithstanding the fact that such applicants routinely provide passport sized photos with their application.

In short, it appears that reforms of the Thai immigration system have changed the way in which foreign nationals apply for visas and the result could prove to be a more costly and/or cumbersome process for those seeking immigration benefits in Thailand.

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20th August 2014

The Thailand Easy Access Card

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In recent postings on this blog, the issue of immigration crackdowns has been discussed. Specifically, it appears that the so-called in/out 30 day visa run is a thing of the past and those overstaying their lawful immigration status could find themselves barred from reentering the country. Meanwhile, it appears that obtaining one year multiple entry Thai visas is becoming more and more difficult although not impossible where the applicant meets the requirements.

This brings this blogger to a related topic, in the past the Thailand Elite Card program allowed for long term stays in Thailand, but the price was usually not cost effective for the average traveler. It should also be noted that the initial Elite Card scheme allowed for a lifetime visa. Eventually the program went somewhat defunct, only to be re-vamped and reintroduced as a 20 year visa scheme. Those seeking an Elite Card must pay 2 million baht up-front with a yearly 20,000 baht administrative fee. Again, even the current Elite Card cost is not affordable for many. This may be why the Elite Card promoters have implemented a less expensive alternative: The Thailand Easy Access Card. This card allows the holder to obtain what is essentially a 5 year visa rather than a 20 year visa, but the cost is only 500,000 baht up-front as opposed to 2 million, there are other curtailed benefits that come with Thailand Easy Access Card obtainment which are more fully described in a pamphlet issued by the facilitators of the Easy Access card:

As a business traveler who frequently travels to Thailand you truly deserve the exclusive benefits the Thailand Easy Access Membership entitles. Your arrivals will be practically effortless with assistance by our professional Elite Personal Assistants who will be waiting for you at the plane’s door. From your first step into the Kingdom until your departure they will escort and guide you through the airport assisting you with all formalities and immigration procedures. In addition to the exclusive privileges within the airport your private limousine is available to drive you to your destination as quickly and as hassle-free as possible.

Those seeking a detailed breakdown of Easy Access Card benefits are encouraged to click HERE.

Clearly, the Easy Access Card provides benefits besides long term visa status, but for those wishing to remain in the Kingdom of Thailand for a period longer than one year this may be an option. It should be noted that those entering the Kingdom on either an Elite Card or an Easy Access card enter in tourist visa status. Those wishing to enter Thailand based upon marriage should do so on a Thai marriage visa. Retirees may obtain a Thai retirement visa, while those seeking an Education in Thailand should think about the Thai ED visa.

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21st July 2014

In recent weeks, sweeping new changes have been announced regarding Thai visa exemptions and so-called visa runs. As has been previously noted on this blog, as of August 12, 2014 those using the in/out method to obtain 30 day visa exemption status will no longer be permitted to do so. However, in the weeks leading up to this clampdown anecdotal evidence has been noted which shows that those currently seeking to enter the country this way have been denied entry. Meanwhile, further information has come to light which shows that some have been stopped at the Thai border attempting to enter on Thai 60 day tourist visas, many such individuals have apparently been turned away.

It further came to light that Thai immigration authorities will be imposing a blacklisting scheme to bar those who have overstayed in the country from reentering for certain designated periods of time. What this system will ultimately look like remains to be seen as it was recently rumored that officials are re-looking at the plan in an effort to ensure that consequences are not excessively harsh. However, it would appear that long term overstayers and visa runners could see themselves turned away at the border in the future and possibly banned from returning for an extended period depending upon their situation.

A bright note was reported this week, as officials have apparently announced that visa exemption extensions may be granted in the future for 30 days as opposed to a mere 7.  Apparently, immigration officials are looking into allowing 30 day extensions for those in Thailand on a 30 day exemption stamp. Obviously, the decision to grant a 30 day extension will be made on a case by case basis and at this time it seems that the proposed plan would require the foreign tourist to pay 1900 baht when seeking a visa extension.

All of these developments mean that in the future those wishing to remain in the Kingdom of Thailand for a prolonged period of time are well advised to obtain a long term Thai visa in a category in which they qualify. For example, those coming to Thailand to work or start a company are well advised to seek a Thai business visa as well as a Thai work permit. Meanwhile, those wishing to study in Thailand may do so, so long as they obtain a Thai education visa from a school duly accredited by the Thai Ministry of Education. Retirees may remain in the Kingdom on a Thai retirement visa so long as they have the requisite funds or pension. Concurrently, those with family in Thailand could apply for a Thai O visa so long as they meet the necessary financial requirements.

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15th May 2014

It has been reported that officials at the Immigration Department in Thailand are taking steps to curtail the use of 30 day Thai visa exemptions by those traveling to the Kingdom of Thailand. It also appears that usage of Thai tourist visas is to be increasingly scrutinized. Apparently, these measures are being undertaken in an effort to decrease purported abuse of the immigration system by those who routinely travel to border crossings, depart the country, and immediately re-enter in order to gain a new visa exemption stamp or further status on a multiple entry tourist visa. These so-called “visa runs” have been a mainstay in Thailand for a number of years as many long term tourists have used this method to maintain lawful status. It appears that moving forward these methods may no longer be possible.

The Phuket News has recently reported that “Out-In” visa runs have officially been deemed a thing of the past. Citing Lieutenant General Phanu Kerdlaphon the aforementioned publication quoted the General as saying:

“We have been very lenient about this. I’ve had many comments about [our excessive leniency]…Thirty days should be enough for a normal tourist.”
However, there may be room for some discretion by Immigration officers to allow legitimate tourists back into the country on an exemption stamp as the General further noted:
“If they really want to travel around the country for more than 30 days, then they must show us a plausible plan. If officers are suspicious, then they will carry out checks…If we believe their purpose in coming to Thailand is not what they say it is, then we will order them to leave and they will be blacklisted. They will not be able to return to Thailand, ever.”
Clearly, those without a plausible reason for remaining in Thailand could face severe sanctions. These efforts appear to be less focused on business or marriage visa holders and instead directed at those who use the current Thai visa exemption system and tourist visa system to illegally work in Thailand as the General further pointed out:
“Lots of nationalities come to Thailand on tourist visas but they come to work. I really want them to do the right thing, not try to dodge around the law and evade taxes…If you are coming here not as a tourist, then please get the correct visa. Do it properly…”
This appears aimed primarily at visa exemption stamps, but as noted above even those with an actual tourist visa could be affected. This blogger has learned anecdotally that some travelers with multiple entry tourist visas have been stopped at the border and, in some situations, apparently turned away if they have multiple tourist visas in their passports. How this will impact tourism remains to be seen, but it is clear that those wishing to remain in Thailand for a long period of time should obtain a long term visa or visa extension in the category that fits with their intentions. Currently, it is possible to remain in Thailand for one year intervals by obtaining a Thai business visa, a Thai ED visa (Education), a Thai Marriage Visa, or a Thai retirement visa.  In some cases, long term multiple entry visas in the aforementioned categories can be obtained at Thai Embassies and Consulates abroad. However, regulations regarding such travel documents have become more stringent in recent years when compared with the past. It appears immigration and the Ministry of Foreign Affairs would prefer that a foreign national obtain a 90 day visa abroad and thereafter apply for a Thai visa extension once in the Kingdom.
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25th April 2014

In recent years there has been a strong feeling among expatriates and travelers to Thailand that getting a Thai visa is more difficult when compared to the past. In another posting on this blog it was noted that rules regarding application for one year multiple entry visas from Thai honorary Consulates in the United Kingdom had changed. Notably, applications for such long term visas are henceforth to be forwarded to the Royal Thai Embassy in London for review prior to adjudication. There are some who believe that this change in the process has resulted in fewer long term visas being sought, and/or fewer such visas being issued. As of the time of this writing there is no way to discern whether this processing change resulted in fewer multiple entry visas being issued. However one thing is clear, the rules regarding application for long term multiple entry Thai visas are being more strictly enforced. Therefore, some explanation regarding the general application guidelines may be warranted.

One significant concern of Thai immigration officials, as reflected in recent rule changes and enforcement procedures, would seem to be the physical location of the applicant. At one time, it was common to see foreign nationals in Thailand using less than reputable visa services to procure visas from Thai Embassies and Consulates abroad while physically remaining in Thailand. This practice was severely curtailed by immigration authorities in a few notable “crack-downs”.  At this point, it is very clear that immigration authorities strongly prefer that those applying for a Thai visa at an Embassy or Consulate abroad be physically present in the jurisdiction where the post is located. Moreover, it also seems clear that documentary requirements for those applying for one year multiple entry visas are more substantial compared to the past and it seems logical to assume that such requirements may be more stringent in the future.

It seems that immigration authorities now prefer that those wishing to remain in Thailand for a significant period of time obtain a 90 day visa from abroad, travel to Thailand, and upon meeting further criteria; apply for a Thai visa extension. This should not be inferred to mean that obtaining a 1 year Thai multiple entry visa is impossible, but rules regarding application for such travel documents vary by jurisdiction and for some simply obtaining a 90 day visa and then seeking an extension may be a more efficient option.

There are multiple visa categories under Thai immigration law. Some of the most commonly sought visas are: the Thai Business Visa (“B” Visa), the Thai “O” visa for the family of Thai nationals, the Thai retirement visa, the Thai tourist visa, and the Thai education visa (“ED” visa); although there are many other specific visa categories. Depending upon the needs and intentions of the visa seeker the rules for applying for such travel documents may vary. In any case, it may be prudent to seek the advice of those who routinely deal with Thai immigration matters as the rules and regulations regarding those issues can be complex.

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