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Thailand Visa Update

By Ben Hart

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Published: 29Nov2009
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Well it is that time of year again, the high season is getting ready to start and many readers currently in their cubicles overseas are thinking of their time soon to be spent among the beautiful women and tropical beaches that Thailand is famous for.

However, much like Shangri-La there seem to be more impediments to returning to this paradise. Most notable among these obstacles is the plethora of competing visa regulations being promulgated from the ordinance drafting machine that is Thai Immigration. To add confusion to complexity, many of the regional Consulates and Embassies are running things according to their own rules in a similar manner to the way a local chieftain runs his own fiefdom.

The rules get more complicated, but the game continues. Hopefully this will provide some insight for those looking to stay in the Kingdom for a long (or short) period of time.

Thailand Visa Exemption Stamps

First and foremost on the minds of short term travelers is the issue of Thailand visa exemptions. The visa exemption stamp is the 30 day stamp given to most tourists arriving at the Airport. Currently Thai Immigration is giving 30 day exemption stamps at the airport to anyone holding a passport from a country on the exemption list (US, UK, CA, most EU, AU, NZ, etc). Technically, these stamps are supposed to given an infinite number of times, provided the entrant is always coming through the airport. That being said, I have heard reports that this is not the case and more than about 3 entrances will get your passport heavily scrutinized (they can always turn you away as well).

Currently, at land borders, entrants seeking visa exemption stamps are only given 15 days of lawful presence. This is important to note because local immigration requires at least 21 days of status to process a visa extension or conversion. Therefore, the immigration officers have effectively barred long term status to those entering Thailand via a land border without a proper visa. If you are looking to stay long term, do not go about it this way.

Thailand Tourist Visas: Free If You Can Get One

After the less than spectacular tourist numbers last year, the Thai government announced a fee waiver for all Tourist visas sought abroad. This led to something of a backlash from Consulates overseas as the workload increased and the resources decreased. However, the plan seems to have had some positive effects as there has supposedly been an increase in tourist visa applications (possibly due to the fact that visa exemptions are now harder to come by).

Although initial tourist visa applications are being approved (if sometimes begrudgingly), subsequent applications are being viewed with a critical eye. The Royal Thai Consulate in Penang, the on-again off-again visa run destination for most farangs in Thailand has made the policy that they will not issue multiple tourist visas. This seems to be the prevailing attitude throughout the region, with some exceptions. As a result, those planning on remaining longer than 1,2, or 3 months may be wise to seek a visa other than a visa exemption or a Tourist visa.

The Rise of the Non-Immigrant Visa

It appears that non-immigrant visa applications are on the rise. Although tourist visas technically are classified as non-immigrant, for these purposes we are talking about B visas, O visas, and retirement visas. O visas are always popular with those staying in Thailand long term as they allow for 90 days per entry. If one obtains a one year multiple entry visa then it can be used for at least 4 entries of 90 days each. The Business visa is also popular for those who may be looking at making their vacation more full time by attempting to gain employment and applying for a work permit. Obtaining a business visa can be somewhat difficult if one does not have corporate sponsorship, but it is the most versatile visa once in the Kingdom. Finally the retirement visa: perfect for those over 50 who can prove financial resources to cover their living expenses. The only major downside to this one is the fact that employment is prohibited, but in general it is much easier to obtain than some other categories. Those interested in possible employment should look at the Business visa.

In my opinion, the non-immigrant visa categories will become more popular as the border run is slowly phased out, but then again this time next year we could be talking about how no such visas get issued anymore. Long term status in Thailand can be hard to come by in Asia, so act accordingly if you are still back in your corner of the world because: prior planning prevents police detention.

Benjamin Hart is a lawyer in the United States and Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Integrity Legal at 1-877-231-7533 or email them at info@integrity-legal.com. See more information at Thailand visa or Thai visa.

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