Visa & Customs

GENERAL INFORMATION:

As a general rule, any foreigner seeking entry into the Kingdom of Thailand for business, investment, study, medical treatment, mass media, religion, employment and other purposes is required to apply for a visa from a Thai Embassy or Consulate-General. To do so, a foreigner must possess a valid passport or travel document that is recognized by the Royal Thai Government and comply with the conditions set forth in the Immigration Act B.E.2522 (1979) and its related provisions.

Foreigners who fall into any of the following categories are prohibited to enter the Kingdom.

Having no genuine and valid passport or document used in lieu of passport; or having a genuine and valid passport or document used in lieu of passport without visaing by the Royal Thai Embassies or Consulates in foreign countries; or from the Ministry of Foreign Affairs, except if a visa is not required for certain types of aliens in special instances.    

Visaing and visa exemption will be under the terms and conditions as provided in the Ministerial Regulations.

Having no appropriate means of living following entrance into the Kingdom. 

Having entered into the Kingdom to take occupation as a labourer, or to take employment by using physical energy without skills or training, or to work in violation of the Alien Work Permit Law.

Being mentally unstable or having any of the diseases as prescribed in the Ministerial Regulations.

Having not yet been vaccinated against smallpox or inoculated or undergone any other medical treatment for protection against disease and having refused to have such vaccinations administered by the Immigration Doctor. 

Having been imprisoned by the judgement of the Thai Court; or by a lawful injunction; or by the judgement of the Court of foreign country, except when the penalty is for petty offence or negligence or is provided for as an exception in the Ministerial Regulations.

Having behaviour which would indicate possible danger to the Public or likelihood of being nuisance or constituting any violence to the peace or safety of the public or to the security of the public or to the security of the nation, or being under warrant of arrest by competent officials of foreign governments.

Reason to believe that entrance into the Kingdom was for the purpose of being involved in prostitution, the trading of women of children, drug smuggling, or other types of smuggling which are contrary to the public morality.

Having no money or bond as prescribed by the Minister under Section 14 of the Immigration Act B.E. 2522.

Being a person prohibited by the Minister under Section 16 of the Immigration Act B.E. 2522.

Being deported by either the Government of Thailand that of or other foreign countries; or the right of stay in the Kingdom or in foreign countries having been revoked; or having been sent out of the Kingdom by competent officials at the expense of the Government of Thailand unless the Minister shall consider exemption on an individual special case basis.

The examination and diagnosis of disease of a physical or mental nature, including protective operations as against disease, shall be conducted by the Immigration Doctor.

Information on location and contact number of the Thai Embassy and Consulate-General abroad could be obtained from the Ministry of Foreign Affairs, Department of Consular Affairs, Visas and Travel Documents Division, 123 Chaengwattana Road, Bangkok 10210, Tel. (662) 981-7171 ext. 3201-2, 3204-5 or direct line 575-1062-4, Fax. (662) 575-1066, E-mail: div1303@mfa.go.th

Note: Please check the period of stay stamped in your passport by the immigration officer. Visitors who overstay their visa will, at the time of their departure, be fined 500 baht for each excess day.

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Immigration:
 Maj Gen Pongdej Chaipravaj RTP, Commander General Staff Division Pol Col Supamith

Duangpamorn, Superintendent 2 Pol Maj Unan anvaekjit, Inspector Subdivision 2 Pol Maj Krisdakorn Klinkesorn, Inspector Subdivision 2
Joint Foreign Chambers of Commerce
 Peter van Haren, JFCCT, Chairman Barry Petersen, Australian Chamber of commerce Mr. Keisuke Matsumoto, Japanese Chamber of Commerce, Secretary General Mrs. Roongtiva Manothirakul, Japanese Chamber of Commerce, Secretary Mr. Thomas Gerber, Swiss Thai Chamber of Commerce, Executive Director
Subjects discussed
a) Tourist Visa
b) Non B Visa extension
c) New kind of Non Immigrant Visa
d) Ninety day Reporting
e) Resident Permit for retirees
f) Resident permit , requirement of Thai Language
g) Business visa for short term business without work permit
h) One Stop office Labour and Immigration at the Labour Ministry site
A) Tourist  Visa
 The new regulations have to be understood as following: during 6 Months the person can only remain 90 days in Thailand, so the immigration counts per day, upon each entry the persons get 30 days, until the 90 days are used up. [30 x 3 days is possible]
B) Non B Visa Extension
 Earlier, the Visa issuance and renewal were categorized in three groups according the size of share capital and /or corporate tax paid, the larger ones in group A, middle one in group B and smaller ones (share capital less than 10 Mio / corporate tax less than 3 Mio) in group C, with most smaller companies assigned to group C, where the visa extension was granted only max 30 days for the first 3 times, then 1x 9 months when applying for 1 year visa.
 This A-B-C-Group Qualification as been canceled and only 2 groups exist now: Group 1: all companies with share capital =2 Mio or higher, and equity above 1 Mio (and the other criteria’s fulfilled) => 1x 30 days for consideration, then 1x 11 months
 Group 2: all companies with 2 Mio share capital but equity below 1 Mio: the immigration considers case by case, and if the company attaches to the application feasible reasons why the equity is below 1 Mio the visa can still be granted. The official at the immigration counter has no approval authority, he only has to collect and check the documentation, and if ok, accept it and forward to higher ranks for approval or rejection.
A) New kind of Non Immigrant Visa
 Khun Maj Gen Pongdej Chaipravaj informed that foreigners can now obtain a 3 year multiple Non Immigrant Visa with multiple entry at every Thai embassy or consulate abroad for a fee of 10’000 Baht, granting the traveler a period of max 90 days in Thailand per arrival.
 Details can be found of the website of the Ministry of Foreign affairs.
 Khun Pongdej suggested to contact the Thai embassies in the foreign countries to find out what kind of documentation is required for obtaining such a visa.
 Note: None of the attending representatives of the Joint Foreign Chambers of Commerce have ever heard anything about this kind of Visa.
B) Ninety Day reporting
 Immigration explains this rule re-implemented under former Immigration Authorities bases on a 30 year old law. Khun Pongdej will investigate possibilities to get it abolished within 6 months.
C) Resident Permit for retirees
 This earlier abolished category should be re-implemented, as under the current situation a retiree hesitates understandably to transfer all his assets to Thailand if he can only get a 12 month Retiree Visa and has no guarantee for his further stay in Thailand. However, Immigration informs that there are no such changes considered right now.
D) Resident Permit, requirement for Thai Language
 As a resident permit is much less than a naturalization/Thai Nationality, the requirement for the foreigner to speak Thai just for the resident permit should be abolished, as in most other countries an international language is sufficient, none requires the native language for obtaining this status. Immigration informs that no changes are expected in the near future to abolish this requirement (implemented 4 years ago by Interior Minister Khun Purachai)
E) Business Visa for short term
 Worldwide most countries allow foreigner to visit for a short period of time with a business visa and attend meetings, congresses, exhibitions, marketing promotions, short working periods etc/ without having to obtain a work permit. Thailand is the only country in the world which requires every foreigner to obtain additional to the Non B Visa also a work permit, even he attends a meeting just for 1 hour. It was suggested to abolish this requirement in Thailand (in order to prevent that every honest business man coming to Thailand behaves illegal from the time of entry). Thailand should either accept the short term working under the Non B Visa, or issue easy obtainable Business Visa to such business man. It is understood that this business visa shall NOT entitle this foreign person to gain income or employment in Thailand under this business visa.
A) One Stop Office for Visa and Work permit at the Ministry of Labor site
 JFCCT suggested to keep this very convenient office (allowing the business people to extend Visa and Work permit at the same location) in operation, as the issuance of this 2 documents are strongly related and it is extremely inconvenient to run each time from Immigration to Labor department and backwards, as it has always to be done at the same time. The Immigration official informed that the inter – linkage of this 2 will be eased by new regulations of the labor department, which will issue in the future 1 or 2 or 3 year work permit  independent from length of Non-B visa. Therefore and also due to change in line of command the office might be closed soon. The JFCCT would deeply regret this closing.
Remarks: New info shall be published on Immigrations website within this week
The new regulations will be implemented now, and the JFCCT is asked to give some feedback on the procedures after they were applied for a due period of time, e.g. 6 months. Peter van Haren of the Joint Foreign Chambers of Commerce thanked the Immigration Commander for the very fast feedback on our letter, the immediate kind invitation to present our thoughts as well as the very fruitful meeting and discussions today.
(recorded by Thomas Gerber, 9. Oct 2006)
Annex 1: new regulations by immigration as published on it’s website on 1 October 2006
New Visa Regulations per 1. October 2006
The Immigration department released on its website some new regulations for different visas, see a copy here:
 A] Principle and Reason: Because the previous immigration procedures have not been updated since 1997 the immigration Bureau has improved and revised the above mentioned in order to provide travelers with our best services as well as to strengthen national security.
 B] Visa Exemption (Visa on arrival): Passport holders from 36 exempted countries will be able to enter into the Kingdom of Thailand without visa and remain in Thailand for 30 days per each visit. However the total duration of stay should not exceed 90 days within a six month period, counting from the date of first entry.
 C] Tourist Visa: Nationals of 40 listed countries may enter the Kingdom of Thailand with a tourist visa, in accordance with Ministry of Interior’s regulations, for a maximum stay of 60 days for the purpose of tourism only. Other nationals may enter the Kingdom of Thailand with a tourist visa of 30 days.
 D] Extension for Business (Non-B-Visa): Foreigners must have work permit. The business must have registered share capital of at least 2 Million Baht. The business must have enough income to pay the salary of their employees including all fringe benefits for all foreigners in their company’s next year account. Total Shareholders equity in the balance sheet must be more than 1 Million Baht.
Immigration website:
http://www.immigration.go.th/nov2004/2notice/newpro.html
http://www.immigration.go.th/nov2004/en/base.php