The Thai government has implemented new visa regulations in an attempt to increase tourism while also closing loopholes by immigration scofflaws. With the number of tourist down significantly during the political unrest, the Thai government has made it easy for nationals of the 30-day visa waiver countries to extend their stay to get an extension stamp for an additional 30 days for only 1900 baht. This move is in addition to the implementation of a three-month visa fee waiver for travelers from China and Taiwan.

30-day Extensions for Thai Visa Waivers

In conjunction with the 30-day extensions for visa waivers, the Thai government has closed the loophole, which allowed foreign nationals to bypass Thai immigration law by going on a "visa run." These nationals previously were able to cross over the Thai border and renter Thailand on a new 30-day visa. Automatic extensions for those who repeatedly cross the border will no longer be allowed.

Thailand Education Visa

New rules are also coming into effect for Thai Education visas. For non-formal schools, Non-ED visa holders will only be allowed to remain in Thailand for a year before having to leave Thailand to obtain a new visa. In addition, the study requirements will be raised from a minimum of four hours a week to a minimum of eight hours per week. "A consequences of the eight-hour requirement will be that a course that is currently approved as a three-year course will now only have a value for 18 months. Another aspect is that the tuition fees now will have to be raised because of the extra teaching and the prices for a course will go up."

For more visa options, please visit the Types of Thailand Visa page by ThaiEmbassy.com.

During his weekly address, General Prayuth ordered that the Immigration Police be more flexible in the application of immigration laws for visa runners. The Coup Leader was concerned that a harsh application of the law would damage English schools and the tourist industry.

Currently many visa runners are teaching at English or acting as tour guides for foreign tourist where Thais are deficient in the language such as Korean, Japanese, or Russian. With the coming of the ASEAN Community in 2015 and English as the official language of ASEAN, the Thai population routinely scores one of the lowest in English proficiency among the world. In addition, the recent political turmoil over the past year has had devastating effect the nation’s tourism. The recent call for “flexibility” is a spotlight on the economic realities of the time.

However this has been a shock to the government bureaucracy who have been readying themselves for the new stringent immigration rules. The foreign nationals who use visa runs to stay illegally in Thailand are also illegally working without work permits or paying government taxes. The concern is that the General may have quasi-legitimized the illegal activities of the foreign visa runners.

Other Visa News

• Tourist who run their own business on the internet do not need a work permit. They can stay in Thailand as long as their non-immigrant visa such as a tourist visa or a retirement visa is still valid.
• Thai Immigration Officials will still not grant spousal visas to same-sex couples even if it is legal in their home country. The same-sex couple will need to qualify for a non-immigrant visa separately.
• Student in non-formal education programs such as language schools, meditation courses, or Thai boxing schools can only extend their visa for up to 90 days but cannot stay in their visa for more than one year. If they want to continue their study, they will have to leave the country and apply for a new visa to reenter Thailand. Students who are enrolled in government education institutes can continue to extend their visa for up to one year.
• Volunteers in Thailand can extend their state in Thailand for up to a year if they receive a letter of approval from the Ministry of Social Development and Human Security. Without the letter, they will only be issued a 90 day extension for up to one year.
• Dependents of non-immigrant visa holders can extend their stay in Thailand in one year increments. Children are considered dependents until the become 20 years old unless they have disabilities which prevent them living on their own without assistance.

Source: Chiang Mai City News

As a continuation of the crackdown on foreign nationals who have bypassed the Thai immigration laws to residing in Thailand, the Thai Immigration Bureau has issued a warning for those who overstayed their visa. Under the proposed regulations foreign nationals who overstayed their visa will be forbidden from re-entering the Kingdom of Thailand for a specific period of time. The following is a summary of the penalties:

Foreign Nationals who overstayed their visa and leave the country voluntarily will face the following ban from reentry:

• If the overstay was for more than 90 days, there is a 1 year ban from reentering Thailand.
• If the overstay was for more than 1 year, there is a 3 year ban from reentering Thailand.
• If the overstay was for more than 3 years, there is a 5 year ban from reentering Thailand.
• If the overstay was for more than 5 years, there is a 10 year ban from reentering Thailand.

*For those who overstayed for less than 90 days, there is still a 500 baht a day fine.

The penalty for overstaying is harsher if the foreign national was apprehended by a Thai public official and was found to have overstayed their visa:

• If the overstay was for less than 1 year, there is a 5 year ban from reentering Thailand.
• If the overstay was for more than 1 year, there is a 10 year ban from reentering Thailand.

All foreigners are who enter the Kingdom of Thailand have to sign a new form entitled "The Acknowledgment of Penalties for Visa Overstay." There is no right to appeal the penalties for a finding of overstays or the penalties.

Local embassies have been issuing warnings to its nationals about the penalties for overstaying their visas. The United States Embassy specifically stated that they will not intervene on behalf of United Citizens who have been denied re-entry at the border or at airports.

Source: http://bangkok.immigration.go.th/popup_anounce.html

Recently, there has been news of an immigration crackdown in Thailand as Thai border officials are closing off the ability for non-Thais from entry into Thailand if they have had multiple entries in the recent past. This is an attempt at stopping visa runs for foreigners who attempt to stay in Thailand without going through the traditional long term visa process.

With the visa runs being closed off as an alternative for bypassing the Thai immigration system, many foreigners have been moving toward obtaining a Non-Immigrant Education (ED) visa so that they can remain in Thailand. The ED visa allows foreigners to stay in Thailand while they are attending school.

The non-Thai that is enrolled in a Thai educational institution, a foreigner can enroll in a Thai education institution and apply for a 12 month education visa. Currently, the definition of an educational institution is amorphous. The type of educational institutions range from international university degree courses, Muay Thai boxing schools, Thai language schools, cooking schools and even meditation courses. The only requirement is that the educational institution be certified and recognized by the Thai education ministry.

The benefits of an ED non-immigrant visa is attractive to many non-Thais who would like to stay long term in Thailand but do not fit in the other visa categories. With any attractive option, there are some foreigners and faux educational institutions who abuse the ED non-immigrant visa. Some ED visa holders might sign up for a yearlong Thai language course but never attend classes. And there have been some "educational institutions" who don't conduct any classes but are essentially ED visa mills.

Thai authorities understand how some ED visa holders and faux educational institutions abuse the system. There have been recent steps in cracking down on visa abusers. Authorities will have a random check of schools to ensure that ED visa holders are attending classes or even if there are actual classes. Some ED visa holders will be given impromptu Thai language tests if they have been in a Thai language program for multiple years. Thai authorities have also looked into instituting minimum course requirements to ensure the integrity of the program.

New regulations will be introduced in the fall of 2014. The new regulations proposed that an ED visa will only be good for one year if they are studying the same course or subject. For example, if someone has been studying a Thai language course for multiple years. Under the previous regulations, the ED visa can be used for up to five years as long as the student extended their stay every 90 days at the local immigration office. The new regulations will require the ED visa holder to leave Thailand and obtain a new ED visa at a Thai consulate at a foreign country to reenter Thailand. In addition, the new ED visa will require proof of income to ensure that the non-Thai ED visa holder has the financial means to support themselves while in Thailand.

Thai visa regulations is constantly in flux. Prior to applying for a non-immigrant visa or a long stay visa in Thailand, please contact a Thai immigration specialist.

See other types of Thai visa you can apply for for a longer term stay.

There has recently been news of a visa crackdown in Thailand as Thai border officials are closing off the ability for non-Thais from entry into Thailand if they have had multiple entries in the recent past. This is an attempt at stopping visa runs for the purpose of bypassing Thai immigration law. The crackdown has started at land border crossing and will be extended to international airports on August 12, 2014.

A visa run is for nationals of countries who do not require a visa to enter Thailand. Thailand allows citizens of multiple countries around the world to enter the country without a visa for a fixed period of time. The fixed period ranges from 15 to 90 days. If the foreigner wants to remain in Thailand beyond the granted period, they can go to the immigration office and apply for a tourist extension.

Some foreigners do not want to go through the bureaucratic process or fear that an extension may not be granted. These people go on a visa run where they crossed over a local border checkpoint and re-entered Thailand to get a new period of stay. For some, the visa run option is no longer viable.

The Thai government has decided to stop visa runs for people who use the automatic extensions to live in Thailand for an indefinite period. Tourist who come to Thailand who visit border countries will not be prevented from re-entering Thailand as long as they have proof of their short term stay including their itinerary. However, if the immigration officer believes that the foreigner has stayed in Thailand too long on a tourist visa, the officer may bar the foreigner from entering Thailand and the foreigner might be blacklisted.

For foreigners who want to stay in Thailand for the long term, what are their options?

Business (Work) Visa - Non-Immigrant B visa

The foreigner can invest in Thailand and start a business. Foreigners entering on a Non-Immigrant B visa will initially be granted a period of stay in Thailand for up to 90 days. The business visa has documentary requirements to prove that the foreigner is entering Thailand for business or investment purposes. The period of stay can be extended for additional one year periods depending on the discretion of the officer. Through the Non-immigrant B visa, the foreigner may be able to obtain a work permit.

Retirement Visa - Non-Immigrant O-A Visa

If the foreigner is over 50 years old, does not want to work, and has 800,000 baht or a monthly income (pension) of 65,000 baht or more, the foreigner may be able to obtain a retirement visa. The retirement visa or the Non-Immigrant O-A visa provides the foreigner a one year period of stay which may be extended annually for one year periods depending on the discretion of the officer.

Spouse Visa – Non-Immigrant O Visa

If the foreigner is married to a Thai national, they can apply for an accompanying spouse visa. The foreign national must submit evidence of being married to a Thai national including the original marriage certificate, the spouse’s Thai ID, and household registration. The original visa will entitle the foreigner to enter Thailand on a three month visa. For an extension, the foreigner will have to show proof of 400,000 baht in a Thai bank account or joint income of a minimum of 40,000 baht per month.

Education Visa – Non-Immigrant ED Visa

The foreigner can enroll in a Thai education institution and apply for a 12-15 month education visa. There is a quarterly requirement to make a trip to the immigration office to submit evidence of continued enrollment. The education visa can be renewed up to five years. There are a number of quality educational institutions with international programs in Thailand. Other qualified educational programs include Thai language school or even Thai boxing. The educational institution must be certified and recognized by the Thai department.

All of the above options are complex for individuals who do not have experience dealing with the Thai bureaucracy or individuals who cannot read or understand Thai. It is recommended that those who apply for the above visas seek the assistance of an experienced professional.

Reports of entry refusals in Thailand surfacing in many news outlets and online forums have steadily mounted border insecurity among tourists. Adding to their anxiety is the fact that many of those tourists who have been denied border entry were holding a valid tourist visa. As a result, the issue on having the assurance of successful entry to Thailand without the hassle of being stopped at the immigration has become a major concern.

The regulation imposed following the crackdown is rather deemed as a stricter implementation of existing rules towards people who, for several times, express the intent to travel to Thailand on a tourist visa. But that does not seem to be the case from the perspective of the embassies and consulates in many countries where a person can apply for a tourist visa as long as he can prove that the purpose of his travel is tourism.

Factors that Immigration Officers Weigh at the Border

Looking at the recent incidents of refused border entries, it appears that some border checkpoints observe a more discerning regulation in allowing people into Thailand. For instance, an officer at the Sungai Kolok border checkpoint said that they no longer allow passport holders from Russia, Laos, Vietnam and South Korea to enter Thailand through their checkpoint and provided a suggestion to go to Kuala Lumpur and fly to Thailand instead.

Other border checkpoints in Thailand may be less restrictive at this time but will likely follow the more stringent rules if the government directives continue.

While the disposition of an immigration officer in allowing border entry may be sometimes unpredictable, we can contemplate on the common denominators of denied border entry incidents and arrive at a logical conclusion on the factors being considered:

• Foreigners with previous history of multiple visa exemption entries.
• Passport with recent back-to-back issuance of tourist visa.
• Individuals who have acquired extensions on their visas for several times in the past year or so.

Points to be Considered

Having a valid tourist visa may not completely guarantee successful entry at the border. Here are some recommendations that will help tourists get the entry approval from an immigration officer:

• Make preparations for your supporting evidence of your short term visit - like having an onward travel ticket, hotel reservations and proof of sufficient funds, that might be asked by an immigration officer.
• Anticipate questions from immigration querying about the purpose of your travel to Thailand.
• Lastly, know the location of where you plan on crossing the border, ensure that someone knows where you plan on crossing, and prepare contingency travel plans in the unlikely event that entry through the border is not granted.

If you want to stay or work in Thailand, procuring the proper visa will allow you to bypass the issues presented by the latest immigration policies. Securing a long term visa under a category where all qualifications are met and all requirements can be obtained will give non-tourist peace of mind.