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Integrity Legal

Posts Tagged ‘ThailandPass’

26th February 2022

In what can only be described as good news for the tourism industry in Thailand, it appears the re-introduced “Test and Go” scheme is about to be less cumbersome. To quote directly from a recent article in the Bangkok Post:

The government will further relax entry rules for foreign visitors starting next month, bowing to demand from the local tourism industry to lower costs as more countries ease border controls to lure holidaymakers. Vaccinated arrivals to Thailand will not be required to undergo a mandatory polymerase chain reaction test on the fifth day of the arrival starting March 1. Instead, they can do a self-antigen test, scrapping the requirement to have a confirmed hotel reservation for the test. The Centre for Covid-19 Situation Administration (CCSA), the main virus task force chaired by Prime Minister Prayut Chan-o-cha, also lowered the minimum medical insurance coverage for visitors to no less than $20,000 from $50,000.

The 5 day test requirement proved to be a major sticking point for many prospective travelers especially as it created a rather expensive accommodation requirement. It is also noteworthy that insurance requirements have been eased as well. Insurance requirements have proven to be a point of concerns for many would-be tourists to Thailand. It is also a concern for many retirees in Thailand. This is especially the case as new regulations are set to come online in October which would require those with an O-A retirement visa to obtain 100,000 USD coverage for health insurance. For those unable to obtain such coverage, it may be possible to utilize new rules allowing for “self-insurance“. That stated, the requirements would mean a substantially higher burden on some prospective retired expats. It is worth nothing that these requirements do not appear to apply to those holding an O retirement visa, but only the O-A subcategory.

The Thailand Elite Visa will now have the option for issuance of a Thai work permit, but with a price tag of 32 million Baht, and the fact that the Elite visa does not confer Thai permanent residence, it seems unlikely that a large number for foreign nationals will avail themselves of the privilege.

Meanwhile, in an American immigration context, backlog appears to be the greatest overall concern. Quoting directly from a recent article from the Guardian:

America’s immigration courts are struggling to function at the most basic level, with courts that are already woefully understaffed and judges often undertrained now overwhelmed by a growing backlog of more than 1.6m cases, industry leaders have warned. The system is so damaged that judges, scholars and attorneys all share concerns about whether immigrants due in court will even receive notice before their hearings so they know to show up and aren’t ordered deported in absentia – an urgent concern made worse by volatile immigration policies at the US-Mexico border.

Many similar issues are occurring in the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) as backlogs and slow processing plague cases of those seeking a K-1 fiance visa or marriage visas such as the K-3 visa or the immigrant spouse visa categories such as the CR-1 or IR-1 visa. There is legitimate concern that these backlog issues are straining the underlying relationships in these cases to the point where they are sometimes destroyed. Hopefully these issues will be rectified in the foreseeable future.

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17th October 2021

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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