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There was discussion that the “test and go” scheme, which effectively eliminated quarantine for foreign travelers, would be suspended and then the discussion became moot as authorities in Thailand announced that the scheme would end effective immediately. To quote directly from the Thai Enquirer website:

The Thai government said on Tuesday that it will scrap the recently implemented Test and Go Plan as Omicron variant cases spike worldwide. The Test and Go Plan, which allowed foreign arrivals to skip quarantine, and the Thailand Pass system will be suspended and reevaluated again on January 4.

This raises the question: what about those who already booked their travel plans and were expecting to use the “test and go” system? Well, apparently, they will be allowed to enter so long as they had already booked their travel, quoting further:

All travelers that previously applied for and received the Thailand Pass can still enter the kingdom until January 10 but must report two more PCR negative tests.

Meanwhile, it seems the Thailand Pass system may also be suspended. To quote directly from the ASEAN Now website:

Thailand has suspended its ‘Thailand Pass’ and ‘Test & Go’ schemes due to fears over the Omicron variant of COVID-19. Thailand’s Prime Minister Prayuth Chan-O-Cha has ordered the immediate suspension of new registrations for Thailand Pass and at the same reinstated mandatory quarantine effective immediately. The PM announced on Tuesday afternoon that Test & Go will be put on hold until at least January 4, 2022. The so-called ‘Sandbox’ programs will also be suspended. “After Dec. 21, there will be no new registrations for ‘Test and Go’, only quarantine or Phuket sandbox,” said deputy government spokeswoman Rachada Dhanadirek.

With a “stroke of the pen” the travel situation has reverted back to the status it was at in mid-summer of 2021. This raises the question: will certificates of entry once again be the order of the day when traveling to Thailand? It would appear so, although the situation remains in flux and could change rather rapidly as past events have shown.

Concurrently, many of those wishing to obtain visas to the USA are finding that backlogs are common throughout the Immigration process. Presently, there are very few interview being scheduled at the US Embassy in Bangkok, citing concerns about the pandemic. Furthermore, American tourist visa applications are not processing as quickly as they did in the past due to interviews being scheduled nearly a year out. Even cases that have seen interview are seeing issues as Administrative Processing is delaying a number of cases, sometimes for a prolonged period of time.

Hopefully, the overall situation will improve and we will update this blog as the situation evolves.

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Posted in Thailand Visa, US Visa Thailand | No Comments »

As Thailand’s recent reopening continues unabated the Thailand Pass appears to pose issues for some wishing to travel to Thailand. The following was quoted from the official website of the Bangkok Post:

Some hotels are deceiving visitors from overseas, taking room reservations but omitting transport from the airport and Covid-testing, which means they must buy a new package on arrival or be rejected. Apisamai Srirangson, a spokeswoman for the Centre for Covid-19 Situation Administration, said on Monday that some hotels misled visitors and booked them only for the room. The charge did not include a limousine service from the airport to the hotel or the RT-PCR Covid-19 test on arrival, even though both were required as conditions of entry on a Thailand Pass…Thailand Pass replaced the certificate of entry (CoE) on Nov 1 when the kingdom reopened to visitors. It requires visitors to have been fully vaccinated, have a clean RT-PCR test within 72 hours before boarding their flight and have US$50,000 health insurance.

Clearly, not all of the “bugs” have been worked out of the system as some of these issues may have been due to the vast number of technical issues associated with the increased logistics associated with traveling to Thailand under current conditions.

Meanwhile, there are rumors circulating that Thailand may soon see a reopening of the nightlife venues as the country moves forward. Prior announcements have stated that Thailand’s nightlife sector (bars, pubs, and entertainment zones) will not reopen until mid-January at the earliest, but there is now talk among some government officials that things may reopen sooner than that. However, an official announcement remains to be seen.

Recent policy changes with respect to retirement visas (and indirectly, reentry permits) may be the cause of consternation among the expat retiree community. Insurance requirements for all Thai visas except business visa holders has been a major topic of discussion recently. Meanwhile, it appears on more than one Thai consulate website that the minimum financial requirements for Thai retirement visas is increasing. For example, on the Thai Consulate in Los Angeles‘s website it now appears that 1.2 million baht will be the requirement in a bank account to obtain a Thai O-A retirement visa. In the past, the requirement has long been 800,000 THB. Concurrently, the same website is stating 100,000 THB in pension income would also prove sufficient, where once 65,000 THB was considered adequate. After further review, the Thai Consulate in Sydney‘s website showed similar information. What precisely this means for those looking to undertake the Thai retirement visa process remains to be seen.

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There are a substantial number of news stories currently noting the announced reopening of Thailand for a broad swath of tourists beginning November 1. To quote directly from the Bangkok Post:

Thailand will allow fully vaccinated visitors from low-risk countries to enter the kingdom without quarantine from Nov 1 as a key effort by the government to boost the economy. In a televised broadcast on Monday night, Prime Minister Prayut Chan-o-cha said he has instructed the Centre for Covid-19 Situation Administration (CCSA) and the Public Health Ministry to consider reopening the country to fully vaccinated tourists without quarantine on Nov 1. However, pre-conditions are that international visitors will need to show that they are Covid-free at their time of travel with an RT-PCR test undertaken before they leave their home country, and then have a test in Thailand…

Clearly the government seems intent upon reopening, but there are some who question whether Thailand will actually reopen on the date selected. Some have pointed out that the deadlines remains tentative. As of the time of this writing the regulations regarding entry to Thailand remain as they have been since April of 2021 for the unvaccinated traveling to Thailand by land, while vaccinated travelers coming by air have seen their quarantine period reduced to 7 days and the unvaccinated must now only quarantine 10 days. Meanwhile, there is also discussion about abolishing the certificate of entry in favor of a “Thailand Pass”. To quote again from the Bangkok Post:

The Ministry of Foreign Affairs and the Digital Government Development Agency are developing a new system to replace the certificate of entry (CoE) for Thais and foreigners who wish to enter the country through an airport. Tanee Sangrat, spokesman for the Foreign Affairs Ministry, said on Thursday a new web-based application called the Thailand Pass system, where people can gather information and upload documents, is being developed for the kingdom’s Nov 1 reopening. Mr Tanee said the Thailand Pass will replace the CoE system and facilitate the filing of an immigration form known as the TM6 and a health declaration form known as T8…

Although the new Thailand Pass will replace the certificate of entry, many of the attributes of this new system appear very similar to the COE system and it should be noted that for some travelers a certificate of entry may still be required. The analysis regarding who requires a certificate of entry to be admitted to Thailand and who can use the Thailand Pass will depend upon the specific facts in a given case.

As Thailand appears to be easing restrictions associated with inbound travel, backlogs in the American immigration system persist. Presently, it is taking an extremely long time, compared to times past, to secure an appointment for an American tourist visa interview. Concurrently, those seeking a K-1 visa or a K-3 visa for a Thai fiancee or spouse to travel to the USA are seeing interview appointments allocated with a decreasing frequency. Furthermore, appointments being issued through the National Visa Center for CR-1 visas and IR-1 visas for immigrant spouses are also increasingly scarce. Hopefully, these delays are temporary and we will see speedier processing of these cases sooner rather than later.

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The lockdowns in Bangkok and other highly populated areas of Thailand appear to be abating as it has recently been decreed that certain retail businesses may reopen while restaurants and other eateries may again serve dine-in customers from today onward. There seems to be an implication that further easing will be forthcoming, but we have seen that attitude before only to see things suddenly reverse. Hopefully, the business community in Bangkok and Greater Thailand has finally come through the worst of these rather stringent measures and things can move on.

Meanwhile, various destinations in Thailand are attempting to “Move On“. Notably, Phuket has implemented initiatives in the “Phuket Sandbox” program to allow travelers in that location to travel to other destinations after an initial 7 days on the island in the “7+7” program. Although this is definitely good news tourism numbers remain far below normal and therefore it remains to be seen how many people will actually avail themselves of this opportunity. The sandbox initiative has not garnered the tourism interest that many had hoped, but with high season coming this could change. It is worth noting that a number of non-immigrant Thai visa holders have availed themselves of the sandbox scheme as it is viewed as less cumbersome compared to dealing with 14 days of quarantine when traveling to other parts of Thailand.

It is notable that Thailand is one of the only jurisdictions in Southeast Asia which is permitting tourists to enter the country. Not to mention non-immigrant visa holders (most of whom were completely barred from reentry last summer). That stated, issues still arise for foreign nationals in Thailand as there are those who have problems either maintaining their status due to unforeseen work issues or no longer meet the requirements of their lawful status. Under such circumstances it is optimal to avoid falling into overstay and attempt to obtain a Thai visa conversion in order to remain in the Kingdom.

American immigration is not moving as quickly as was the case prior to 2020. That stated, things are moving more quickly compared to the situation in 2020. Although appointments for non-immigrant visas to the USA such as tourist visas are difficult to come by and even obtaining an appointment for a K-1 visa interview can be difficult. There are those who hope that a change in administration in the USA will result in concrete changes to the American immigration apparatus, but any improvements remain to be seen.

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As the current economic situation in Thailand continues down a precarious path due to lockdowns. There are many who fear tourism may not return to Thailand in high numbers any time in the near future. In fact, quarantine rules do not look like they are going away and the Phuket sandbox has proven to be less of a draw than initially anticipated. There are some who have speculated that Thailand may have come to overly rely upon tourism as an integral component of the overall economy. Whether or not this is true is difficult to ascertain, but it should be noted that anyone predicting the events of 2020 and 2021 in, say, the year 2018 would have been called worse names than crazy so the notion that Thailand came to overly depend upon tourism is only an argument that operates logically in hindsight.

Although the Phuket sandbox has been discussed a great deal as of late, there is also a similar program which has been initiated in Samui and those wishing to avail themselves of this tourism opportunity may do so by traveling through Bangkok in “sealed terminals” in order to undergo “sandbox quarantine” for 14 days on that island. Presently, travel restrictions in Thailand have precluded wide travel latitude for those wishing to leave the Phuket sandbox, but this does not appear to currently be an issue in the Samui system. Those wishing to travel to Bangkok from abroad may do so, but they are still required to undergo quarantine in a Bangkok hotel via the Alternative State Quarantine system.

Business travelers to Thailand are not precluded from using either the Samui or Phuket sandboxes so those with a Thai business visa and/or Thai work permit may return to Thailand without undue hardship. It is worth pointing out that Thailand is one of the few jurisdictions in Southeast Asia which is trying to maintain tourist travel as well as admitting non-immigrant visa holders such as the aforementioned B visa holders as well as those holding an O visa for marriage to a Thai or for retirement. Thai Embassies and Consulates are still issuing O-A retirement visas to those retirees abroad. Thailand remains one of the few countries in Southeast Asia actively issuing visas to foreign retirees.

Those seeking visas to the USA may continue to do so under present circumstances although appointment scheduling has proven somewhat cumbersome in recent months as the American Embassy in Bangkok appears to be either understaffed or unable to process a large caseload due to restrictions associated with the response to COVID-19. However, appointments are available, albeit it in a relatively limited number.

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As the first two weeks of the “Phuket Sandbox” scheme have elapsed, it appears that program is gaining increasing momentum in terms of tourist interest. Although the program has not been without issues as recent arrivals testing positive for COVID-19 have created situations where Alternative State Local Quarantine measures have been undertaken. That stated, the overall program seems to be proceeding smoothly and offers a glimmer of hope for the Thai tourism industry. It should be noted that the Phuket Sandbox is not reserved for tourists, it is possible for those with a non-immigrant visa to use the Phuket Sandbox as well.

Meanwhile, the island resort of Samui is reopening in a limited capacity to foreign tourists. The Samui Sandbox, or what some have dubbed the Samui corridor (due to the sealed pipeline of travelers transitioning through Bangkok), has commenced in recent days although there seems to be less than optimal demand for this program compared to its Phuket counterpart. To quote directly from a recent article titled “No foreign tourists on first day of Samui reopening” in The Nation:

Only 11 foreigners – all members of the media – will take the Bangkok Airways flight from Bangkok to Samui on Thursday, according to the Koh Samui Tourism Promotion Association. “We do not expect a lot of travellers to visit Thailand in the third quarter this year as the rise in the country’s daily Covid-19 cases would affect their confidence,” association chairman Ratchaporn Poolsawas said on Wednesday. “However, what we can do is start tourist operations in line with standard procedure in a bid to stimulate the country’s tourism.”

Clearly, demand for the Samui project is not as robust as some might hope. However, as the weeks go by the Samui program may prove to be a desired destination for future tourists. Also, it may prove to be an alternative to the Phuket Sandbox in a hypothetical situation where the Phuket program must be rolled back even though this does not appear to be a likely possibility as of the time of this writing.

While positive news abounds for Phuket and Samui, Bangkok remains under severe lockdown conditions presumably throughout the remainder of July. Restaurants cannot provide dine-in services, alcohol service of all kinds are banned, shopping malls are closed, and the city remains in a de facto state of severe lockdown. When exactly this will end remains to be seen as calls from within Thailand and in other jurisdictions are being made for a paradigm shift in the way pandemic response is undertaken with some arguing that the containment strategy is no longer viable especially in light of the devastating economic impact these measures have had and which will presumably continue should these policies continue to be enforced.

While the American Embassy in Thailand continues to provide US visa interviews and other routine services (albeit in a rather truncated manner) some have argued that the Embassy should provide vaccinations for expats Americans. As of the time of this writing, the Embassy has stated this service will not be provided and it seems unlikely this will change any time soon.

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It recently came to this blogger attention that anyone holding a non-immigrant visa (NIV) in Thailand may soon be required to obtain insurance coverage of 100,000 USD against COVID-19. The following was recently reported in the Bangkok Post:

All foreigners living in Thailand as non-immigrants will in the future have to prove they have insurance coverage of at least US$100,000 (three million baht) against Covid-19. The proposal was approved in principle by the cabinet yesterday and Traisuree Taisaranakul, deputy spokeswoman for the government, said it would apply to all holders of the one-year, non-immigrant visa (NIV). NIVs are awarded in four categories: marriage, work, business and retirement…Ms Traisuree said that since the cabinet had approved the new rule in principle the next step would be for the Immigration Bureau to publish full details and make it official. The Foreign Affairs Ministry will also work to improve the NIV application procedure while the Public Health Ministry and the Interior Ministry will be in charge of modifying related regulations and telling the public about them…

It is noteworthy that Thai business visas, marriage visas, and visas associated with work permits in Thailand were specifically mentioned. Meanwhile, The Nation reports the recent rule changes may provide some relief for retirees in Thailand:

The new rules offer a lifeline for expats over the age of 70 who cannot purchase insurance in Thailand and thus face having their applications for extension of stay rejected…If an insurer refuses coverage due to health risks, visa applicants must submit additional documents including the letter of refusal, plus securities, deposits and other health insurance accounting for at least 3 million baht.

Since the inception of the Emergency Decree in response to the COVID-19 situation in March 2020 there have been a number of changes to rules regarding entry to the Kingdom of Thailand. However, such changes had not yet impacted the immigration rules associated with remaining in Thailand on a Thai visa extension. Clearly, the rules are currently undergoing revision. However, it is worth noting that the specific regulations have yet to be promulgated as the cabinet appears to have only approved these measures in principle as of the time of this writing. Therefore, those to whom this announcement may pertain are well advised to wait until the specific regulations are promulgated before making irrevocable arrangements regarding their visa status. The aforementioned policy change does not appear to pertain to those holding permanent residence in the Kingdom of Thailand. We will keep this blog updated as the situation evolves.

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It recently came to this blogger’s attention via the website of the US Embassy in Thailand that there is a new policy in place regarding the expired passports of US Citizens. To quote directly from the aforementioned website:

U.S. citizens may directly return to the United States with certain expired U.S. passports.

If you are overseas and your passport expired on or after January 1, 2020, you may be able to use your expired passport to return directly to the United States until December 31, 2021.

You qualify for this exception if all the following are true:

• You are a U.S. citizen.
• You are currently abroad seeking direct return to the United States.
• You are flying directly to the United States, a United States territory, or have only short-term transit (“connecting flights”) through a foreign country on your direct return to the United States or to a United States Territory.
• Your expired passport was originally valid for 10 years. Or, if you were 15 years of age or younger when the passport was issued, your expired passport was valid for 5 years.
• Your expired passport is undamaged.
• Your expired passport is unaltered.
• Your expired passport is in your possession.

You do not qualify for this exception if:

• You wish to depart from the United States to an international destination.
• You are currently abroad seeking to travel to a foreign country for any length of stay longer than an airport connection en route to the United States or to a United States territory.
• Your expired passport was limited in validity.
• Your expired passport is a special issuance passport (such as a diplomatic, official, service, or no-fee regular passport).
• Your expired passport is damaged.
• Your expired passport is altered.
• Your expired passport is not in your possession…

This is a major departure from standard procedures regarding American passports. Those keenly interested in this issue are advised to click the link above to read the entire announcement. Clearly, the United States Embassy in Thailand is attempting to provide solutions to Americans abroad who have seen their passports expire as the duration of the Thai government’s response to the COVID situation drags on. Although this is something of an “ad hoc” initiative the State Department’s policy is laudable as it creates flexibility for many Americans abroad who otherwise would be unable to return home.

Meanwhile, Thai Immigration policy continues to evolve. There has been significant progress made with regard to the proposed “Phuket Sandbox” initiative which, once implemented, would allow travelers to be admitted to Phuket, Thailand without being required to quarantine in their hotel for 14 days. However, there are been a number of developments in recent weeks which appear both positive and negative. For example, the following was noted in a recent article on ThaiVisa.com:

Over 50 percent of foreigners who had confirmed they would visit Phuket as part of the ‘Phuket Sandbox’ project have now cancelled their plans, Thailand’s tourism minister has said. Pipat Ratchakitprakarn, Minister of Tourism and Sports, told Spring News that after the Center for Economic Situation Administration (CESA) increased the minimum period of stay from 7 days to 14 days, 29,700 foreigners have now cancelled plans to visit Phuket. Under the Phuket Sandbox scheme, vaccinated foreigners do not need to be quarantined in a hotel room, but they are required to remain in Phuket before travelling to other provinces in Thailand…

The fluidity of regulations pertaining to the sandbox initiative seems to be alienating a number of otherwise interested travelers. Meanwhile, ThaiVisa.com went on to note that:

The Phuket Sandbox project, the launch of which is best described as chaotic, suffered another blow last week after it was announced that bars and pubs in Phuket would remain closed when the first tourists start arriving from July 1.

It seems immigration and quarantine policy are not the only obstacles standing in the way of substantial tourist numbers returning. It should be noted that the Phuket initiative has yet to be brought online so it remains to be seen if the “sandbox” plan will actually be implemented. It seems prudent to infer based upon comments from relevant Thai government officials that the sandbox program will be implemented. However, the popularity of such a plan remains to be seen. Presently, those arriving in other parts of Thailand, including Bangkok and Chiang Mai, are required to undergo 14 days of alternative state quarantine (ASQ) before being released. This quarantine pertains not only to foreign tourists, but also to those entering Thailand on non-immigrant visas such as the business visa, retirement visa, marriage visa as well as Thai nationals and permanent residents. The end date for quarantine enforcement in Thailand remains to be seen.

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The overall posture of American immigration has improved considerably since the beginning of 2021. With the transition to a new administration there have been a number of changes in how immigration cases are processed. As noted previously, the public charge rule has reverted back to pre-Trump criteria. Concurrently, it appears the current administration has rolled back a potentially disturbing policy regarding collection of biometric data from not only intending immigrants to the United States, but American petitioners and sponsors as well. Presently, there are a number of backlogs holding up cases at various points in the US immigration process. For example, processing times at USCIS are longer overall. Meanwhile issues at the National Visa Center are prolonging case processing. Finally, the US Embassy in Bangkok, Thailand has had to postpone a number of appointments citing the COVID situation. Although it seems the Embassy is prioritizing family based Immigrant Visa Unit matters over the non-immigrant visa unit as some level of priority seems to be conferred to cases such as applications for the K-1 visa (for fiances of America citizens) and the marriage visa cases (K-3, IR-1, and CR-1 visas). There does seem to be some hope on the horizon that things will start looking better as this administration does not seem as intent on being deliberately obtuse with respect to processing immigration cases.

Turning to Thai immigration news, the situation in Thailand has turned less positive since April and the upshot in an immigration context is the re-extension of the quarantine time in Thailand. As of the time of this writing, all travelers (including those vaccinated) arriving in Thailand are required to undergo a 14 day quarantine. On a more general note, Thailand remains under a state of pseudo-lockdown which is having a tremendously negative impact upon the SME sector. However, there is hope that things will begin to turn around as the COVID vaccination is rolled out in early June. Key officials in Thailand have also stood firm behind their commitment to reopen Phuket for the “sandbox” initiative in July. This is apparently still moving forward and, as yet, this doesn’t seem likely to be cancelled. That stated, many initiatives (such as “travel bubbles” or reduced quarantine) have been proposed and ultimately shot down or have been rolled out only to be rolled back. Therefore, it is difficult to predict exactly how things will progress moving forward in the course of the next few weeks, but hopefully these days ahead will be better than those recently transpired.

Tags: American Embassy, American Visa, CR-1, CR-1 Visa, CR1, CR1 Visa, CR1 Visa Thailand, immigration, IR-1, IR-1 Visa, IR1, IR1 Visa, IR1 Visa Thailand, K-1, K-1 Visa, K-1 visas, K-3, K-3 Visa, K1, K1 Visa, K1 Visa Thailand, K1 visas, K3, K3 Visa, K3 Visa Thailand, Thai, Thai Embassy, Thai Immigration, Thai Visa, Thai Visas, ThaiEmbassy, Thailand, Thailand Immigration, Thailand Visa, Thailand Visas, thaivisa, US Embassy, us embassy bangkok, us embassy thailand, US Visa, US Visa Thailand, US Visas, USA Visa, visa, visas
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As the government’s response to the COVID situation persists, there are a number of tangential effects reverberating in an Immigration context. For example, the oft discussed “sandbox” initiative in Thailand to allow particularly Phuket to reopen in July may be under threat. To quote a recent article from The Phuket News:

The question of re-opening Thailand to Tourism, starting with Phuket, has obviously taken a knock backwards. The Tourism and Sports Minster said, “The key determinant is insufficient vaccines, we are concerned about the re-opening timeline. We still need to discuss the vaccine administration plan. If the herd immunity goal cannot be achieved, we may have to consider opening only certain areas in Phuket,” he said.

Although July, the proposed month to begin the sandbox program, is some time off and the future is difficult to predict it seems increasingly unlikely that the program will be implemented in that time frame. That stated, a recent excerpt from the Bangkok Post could be viewed as more optimistic:

However, authorities will continue with their plan to bring in vaccinated international visitors via a pilot project called Phuket Sandbox in July. The Tourism and Sports Ministry will help distribute Covid-19 vaccines to cover 70% of Phuket’s residents to prepare for international tourists.

Meanwhile, the truncated quarantine policies, allowing for 7 days of quarantine and 10 days of quarantine for foreign vaccinated and unvaccinated travelers, respectively appears unchanged. This appears to be the case so long as said foreign nationals are not originating from “high risk” countries. In that case, the 14 day quarantine remains the standard. These protocols also include those traveling to Thailand on Thai retirement visas as well as visas for marriage and business purposes.

The economy in Thailand has been taking a hit due to the recently announced “lockdown” measures (although officials are at pains to point out that an actual “lockdown” is not in effect). All bars and entertainment establishments have been ordered closed and restaurants cannot serve alcohol for some weeks. How exactly this situation plays out remains to be seen, but Thai business leaders have voiced their concerns about the devastating economic impact of these policies.

In the realm of American immigration, the situation has had something of an impact upon those seeking visas to the USA, but cases continue to process out of the National Visa Center and the Embassy continues to conduct interviews. Whether this trend continues remains to be seen, but we will provide updates on the situation as it continues to evolve.

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