CHAPTER 20

IMMIGRATION

 

 

In general, visa required Any foreigner wishing to enter Thailand is required to obtain a visa from a Thai Embassy or Consulate-General.

 

No visa in advance required Nationals of certain countries do not require a visa, if they enter Thailand for the purpose of tourism, for a period of up to 30 days, in accordance with regulations. The countries are Australia, Austria, Belgium, Brazil (90 days), Bahrain, Brunei, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong SAR, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Korea (90 DAYS), Kuwait, Luxembourg, Malaysia, Netherlands, New Zealand, Norway, Oman, Peru (90 days), Philippines, Portugal, Qatar, Singapore, Spain, South Africa, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States of America, Vietnam.

 

Extension of temporary entry Nationals of the above countries who enter Thailand under the Tourist Visa Exemption category may re-enter and stay in Thailand for a cumulative duration of stay of not exceeding 90 days within any 6-month period from the date of first entry. When the 90 days has been reached, they will not be permitted to re-enter under this visa category, for a period of 90 days.

 

Countries with bilateral agreements Nationals of countries that have bilateral agreements with Thailand on exemption of visa requirements as follows:

 

Countries which have concluded agreements on the exemption of visa requirements for holders of diplomatic or official or service/special passports with Thailand and permitted to stay for a period of not exceeding 30 or 90 days: 

 

 

 

Countries which have concluded agreements on the exemption of visa requirements for holders of ordinary passports with Thailand and permitted to stay for a period of not exceeding 30 or 90 days

 

 

 

Note that nationals of countries which hold Agreements on Visa Exemption Requirements with Thailand who intend to work or stay in Thailand beyond the period referred to in the agreement must apply for an appropriate visa before entry into Thailand in order to submit an application for a work permit or otherwise.

 

Visa on arrival Nationals of specific countries may apply for a visa upon arrival in Thailand. Travellers with this type of visa are permitted to enter and stay in Thailand for a period not exceeding 15 days. They must present evidence of means and a return ticket. Application for extension not normally permitted. The 20 countries are: Bhutan, China, Taiwan, Cyprus, Czech Republic, Estonia, Hungary, India, Kazakhstan, India, Latvia, Lichtenstein, Lithuania, Maldives, Mauritius, Oman, Poland, Russian Federation, Saudi Arabia, Slovakia, Slovenia, Ukraine.

 

Visa application to be submitted in advance Nationals of certain countries are required to apply for a visa only at the Thai Embassy or Consulate in their home/residence country or at a designated Thai Embassy.

 

Procedure for visa application To apply for a visa, a foreigner must possess a valid passport or travel document and comply with general conditions In the Immigration Act (1979) and regulations. The applicant be outside Thailand at the time of the application. 

 

Application in person In general, applicants must apply for a visa in person. Thai embassies and consulates in some countries may also accept applications sent via representatives, authorized travel agents or by post.

 

Period of visa/period of stay The period of visa validity is different from the period of stay. The visa validity is a period during which a visa can be used to enter Thailand. Generally, the validity of a visa is 3 months, but in some cases, we also issue visas valid for 6 months or 1 year. The validity of a visa is granted by the Embassy or Consulate-General and shown in the visa. The period of stay depends on the type of visa and is granted by an immigration officer upon arrival at the port of entry.

 

Travellers who wish to stay longer than such period may apply for extension of stay at offices of the Immigration Bureau

 

APEC Travel card holders Holders of APEC travels cards may enter Thailand temporarily for business for up to 90 days.

 

Overstaying A person who overstays his visa for a short period must pay a fine of Baht 200 per day at the airport, subject to a maximum fine amount of Baht 20,000. A person who overstays his visa for an extended period may be taken to a District Court by the immigration authorities and fined. The fine is normally reduced by half, if the person pleads guilty. Where the fine cannot be paid, and in certain other cases, imprisonment may be imposed.

 

Entry for employment A visa does not normally allow the holder to work in Thailand. This is except that a person may apply to the Labour Department for permission to do urgent and essential work for a period of 15 days (see previous Chapter); or apply for a work permit from the Ministry of Commerce to work for a Representative Office established in accordance with Ministry of Commerce regulations.

 

Non-immigrant visas A person wishing to stay in Thailand for more than 60 days should normally apply for a non-immigrant visa, since this type of visa permits a initial stay of 90 days and a further application may be made to extend the stay for up to one, and in some cases, for two years.

 

Categories of Non-Immigrant visa The commonest types of non-immigrant visas are those related to:

 

1.    Foreigners coming for employment

 

2.    Investment visas

 

3.    Dependants of applicants under (1) and (2)

 

4.    Foreigners who are married to a Thai or have other specified relationships

 

5.    Foreigners coming for retirement.

 

Non-immigrant visas for employment A non-immigrant visa may be applied for at a Thai embassy or consulate. A Non- Immigrant B Visa is issued to applicants who wish to enter Thailand to work or to do business.

 

Procedure The following documents must be submitted:

 

 

Foreigners who wish to do business in Thailand The following documents should be submitted:

 

 

 

 

 

 

 

 

 

 

 

Permitted period of stay Holders of this type of visa are entitled to stay in Thailand for 90 days. An extension of stay for up to one year counting from the date of arrival in Thailand can be applied for.

 

Business approved visa (category '"B-A") A Business Approved Visa may be applied for at Embassies or Consulates abroad but approval shall be given by the Immigration Bureau in Bangkok before a visa is issued to the qualified applicant.

 

The company in which the applicant will invest or do business with can also apply for this type of visa at the Immigration Bureau. The holder of a B-A visa will be permitted to stay for a period of one year from the date of arrival in Thailand.

 

Investment and business visa (category "IB") This visa is issued to foreign employees working in projects promoted by the Board of Investment of Thailand (BOI). The project must benefit the country in the following ways:

 

 

After entry, application must be made for a work permit (see chapter on Work Permits). An application for visa extension(s) can be made until such time as a decision is reached on the work permit application.

 

Three year visa With effect from September 2006, it is possible to apply for a three year visa to foreigners who wish to conduct business (but not to work) in Thailand.  The applicant must be a businessman who runs a business in the country in which the application is submitted. Documents to verify the applicant’s status are required.

 

The visa entitles the holder to multiple entries during the three year period, provided he does not stay for longer than 90 days during each visit.  This visa may not be extended from within Thailand. Nor may the holder apply for a work permit.  If the holder wishes to apply for a work permit the three year visa will be cancelled.

 

An applicant must submit evidence to prove his status, corporate documents of the associated partners/companies in Thailand and copies of correspondence with business partners in Thailand. A fee of 10,000 Baht is payable.  

 

This type of visa may assist non-resident executives or directors who may wish to visit their Thai associated company from time to time.

 

Visa for dependants of the principal applicant Dependants of persons who come for employment or for investment as above, can apply for a visa, subject to proof of relationship and (in the case of marriage) provided the marriage is registered and the parties are living together. For children, the child must be aged under 20, unmarried and living with the family. A parent must be aged over 50 years

 

Visa for family members The spouse, parents, child or adopted child, or child of a spouse of a Thai national, may apply for a visa, subject to submitting proof of relationship and (in the case of a spouse) provided the marriage is registered and the parties are living together.

 

For children, the child must be aged under 20, unmarried and living with the family. A parent must be aged over 50 years.

 

For a foreigner with a Thai wife, either he or the parties jointly must have income of 40,000 Baht per month, or hold not less than 400,000 Baht in a bank account for not less than 3 months.

 

Where such a visa is granted, it will be valid for 3 months, and may be extended annually, provided the applicant complies with the same requirements.

 

Retirement visa A person may apply for a retirement visa provided he is aged over 50 years and can show income of not less than 65,000 Baht per month or not less than 800,000 Baht deposited in a bank in Thailand for at least three months or annual income plus bank account deposit of not less than 800,000 Baht.

 

Where such a visa is granted, it will be valid for 12 months, and may be extended annually provided the applicant complies with the same requirements. More liberal rules apply to retirees who entered Thailand before 21 October 1998.

 

One Stop Service Centre Applicants who fall into certain categories can apply for expedited visas and work permits:

 

1. Foreigners who are executives or experts who have privileges under other laws e.g. Investment Promotion Act, Petroleum Act, Industrial Estates Authority of Thailand Act.

 

2. Investors - those investing not less than 2 million Baht can be granted a one year visa, if not less than 10 million Baht, a two year visa. The applicant must have his place of work in Bangkok only.

 

3. Foreigners who are executives and experts who work for a company with registered capital or total assets of not less than 30 million Baht.

 

4. Foreigners who are officials of a branch office of an overseas bank, the foreign banking office of an overseas bank, a provincial foreign banking office of an overseas bank and the representative office of a foreign bank which are certified by the Bank of Thailand.

 

5. Foreigners who work for the branch of a foreign business. 

 

6. Foreigners who work on a necessary and urgent basis for a period for not longer than 15 days.

 

Those who do not qualify for this fast track service, must follow the conventional visa application process as explained above, and for extensions as indicated below.

 

Application for visa extension Applications for an extension of visa may be made at any immigration office in the area in which the applicant is living, or at the Immigration Bureau headquarters in Bangkok. The applicant must submit the documents required depending on the type of application submitted, together with his passport and photographs in the correct size and pay the required fee.

 

Visa extensions for employees or businessmen Employees or businessmen applying for an extension of a visa must, must in addition to the documents referred to above, submit corporate documents and tax documents from the sponsoring employer, proof of personal income tax paid, and certain other documents.

 

Immigration Committee Applications for extension are considered by an immigration committee. They will be granted where the extension appears to be in the interests of Thailand.

 

In this respect, the amount of tax paid by the company and the applicant are taken into account. Normally, an unmarried applicant must show he has income of at least Baht 50,000 a month and a married applicant must show he has income of at least Baht 80,000 a month and proof of payment of personal income tax on the same must be submitted.

 

An initial application may take a number of months to be considered, but during this time the applicant will be granted temporary monthly extensions until a decision is made.

 

Persons who are employed by companies sponsored by the Board of Investment, the Department of Mineral Resources or the Ministry of Commerce with respect to a representative office and other official offices receive expedited processing.

 

If an extension is granted, it may be renewed before expiry by submitting a further application. Documents already submitted need not be submitted again, unless there has been a change, but in any event current tax returns, balance sheets, profit and loss statements of the sponsoring employer must be submitted, as well as evidence that the work permit is still valid.

 

Dependent(s) of the principal applicant must each file a separate application, but the applicant and his dependant(s) will have their applications considered together.

 

Retirement visa A retirement visa can be applied for by applicants aged 50 years or more. Holders of this type of visa will be permitted to stay in Thailand for one year and may not work while staying in Thailand.

 

Requirements The applicant for a retirement visa:

 

 

 

 

 

 

A holder of a retirement visa is not allowed to work in Thailand.

 

Documents to be submitted Applicant must submit:

 

 

 

 

 

 

 

 

 

Spouse of retiree Where the applicant wishes to have his/her spouse stay together in the Kingdom but the spouse is not qualified for an "O-A" visa, their marriage certificate must be produced as evidence and should be notarized by a notary or the applicant's diplomatic/consular mission. (The spouse will be considered for temporary stay under category "0").

 

Residence permits Applications for permanent residence may be submitted after a foreigner has been in Thailand for three years under a non-immigrant visa. Applications will take into account the applicant's character, income, assets, educational background, employment, family circumstances and other matters. Applications are categorised on the basis of investment, employment

or humanitarian grounds based on marital or other relationships, and on certain other categories. Applicants must pass an oral and written Thai language test. Applicants are interviewed. Applications are quotaed on the basis of 100 persons, per country, per year. Applications are submitted once a year. They are subject to a pre-approval process. Applications that are pre- approved are then considered again before final approval.

 

In 2006 a total of only 115 applications for permanent residence were approved.

 

The Board of Investment and the Immigration Bureau have special programmes for granting lifetime residence permits to certain investors.

 

Application for Thai nationality After holding a residence permit for not less than five years, a foreigner may apply for Thai nationality.

 

Applicants must have good character, have regular income and employment and must pass an oral and written Thai language test. Applicants will be interviewed. Final approval will be given by the Interior Ministry. In the past, applicants for nationality were required to adopt a Thai first and second name. This is no longer required and applicants may retain their existing name.

 

Change of address All foreigners who change their addresses in Thailand must report such change to a local Immigration Office or police station.

 

3 month reporting requirement All foreigners, other than those holding resident permits, and including businessmen and employees holding non-immigrant visas and staying in Thailand for more than 90 days, must every 90 days report their current address to the immigration authorities, regardless of whether it has changed.

 

Revised 1 December 2006

 

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