Deportation in Thailand

Thailand welcomes foreigners into its midst, however it additionally reserves the right to deport someone back to their domestic country so long as there is enough legal grounds for the authorities to accomplish that. the kingdom’s authority to deport a foreigner is ruled by way of the Deportation Act B.E. 2499 of 1957, which became published on July 7, 1964 inside the Royal Thai government Gazette.

What’s Deportation?

Deportation is the act of seizing a foreigner and sending a foreigner back to their home country or any other country in certain situations. Grounds for deportation consist of the subsequent:

The alien has engaged in conduct this is deemed a threat to national safety, like traveling to Thailand with the only motive of engaging in protests against the government or organizing such activities with other locals.
The foreigner is diagnosed as an worldwide fugitive or an individual who is at the run from the regulation.
The foreigner has insufficient documentation or authorization for traveling to Thailand. that is the case whilst illegal immigrants are deported overseas.
Overstaying the provisions of one’s visa also can result in deportation. as an example, if a person is simply using a tourist visa and comes to a decision to overstay without making the necessary appearance before the authorities, then she or he is at risk of be deported when the overstaying is stated to the government authority.

Who offers the Deportation Order?

The Ministry of the interior holds the authority to offer a deportation order towards an errant foreigner. The Minister, of course, is likewise empowered to withdraw the deportation order towards an individual or a group of foreigners if they may be capable of prove inside the occasions that the grounds against them for deportation hold no merit. this can do by filing the right appeals to the Ministry of the interior at some point of the investigation period.

Is Deportation immediate?

No, however the authorities will need to conduct an investigation to decide whether or not there are certainly grounds for deporting the foreigner. The investigation period is typically conducted within 7 days after a foreigner is arrested through the government. If the investigation takes longer than 7 days, a foreigner can either be temporarily freed unless a courtroom approves the extended detention.

Are you able to return to Thailand After Deportation?

It’s tempting to try to cross again to Thailand after a selected period of time, but if you go back earlier than the deportation order expires, then the Thai government has grounds to imprison you for at most one year. you will also be deported again from Thailand in this situation, typically inside the same terms as the original deportation order.

Can you Differentiate Deportation from Blacklisting?

In a nutshell, deportation is extra or less temporary due to the fact its effective length is shorter than blacklisting. you could enter again to Thailand after the deportation order expires or is withdrawn. however, blacklisting approach which you are prohibited from going again to Thailand for a completely long term. Blacklists have an expiry period however they are longer than any individual’s lifetime so, if you are blacklisted, you immediately can’t visit Thailand once more.

Visa Thailand

Visa Run

One of the motives that Thailand’s government is currently cracking down on overstaying aliens and is being strict about returning foreigners (called falang in the local language) is the so-referred to as “visa run.” At this factor, the authorities is now ready to impose blacklisting on foreigners which have illegally stayed in Thailand past what they were allowed in their preliminary visa application.

What’s a Visa Run?

Because Thailand calls for tourists to go out the country first and follow for a visa extension afterwards in a neighboring country, travelers, for many years, were capable of make the most a loophole within the legal language and enabled themselves to stay past what their visa stipulates while not having to definitely observe for an extension. All they need to do is just take a journey to Malaysia, Cambodia, Vietnam and different neighboring nations, spend a while there, and go back to the kingdom after some time to get a free 30-day extension.

A visa run is viable due to Thailand’s lax rules toward tourists. entering Thailand as a traveler automatically offers you a free 30 days of stay inside the country, and then you will – theoretically – be required to report to immigration and get an extension to your visa as laws require.

For some cause, sure parties have seen an opportunity in having to go out Thailand and observe for an extension in a consulate out of doors the kingdom to get a free, no-frills-worried extension to their visitor visas. This presents plenty of problems for immigration officials.

Visa Runs are used by SOME Foreigners to work in Thailand

One of these problems is overstaying. Over the a long time, numerous foreigners have exploited the visa exemptions for people reputedly coming into as tourists so as to acquire unlawful employment within the kingdom. They locate work as expatriates in Thailand, stay for an initial 30 days as allowed via the visa exemptions, after which depart the country to meet the exit requirement of the visa exemption. They then go back and hold operating illegally.

Doing so really exposes them to risk and exploitation. As unlawful foreign employees, they do now not revel in the legal safety that is afforded those who undergo the process to reap a right work allow from the kingdom’s government.

these foreigners stay for as long as possible until they’re discovered out by immigration officials. Even then, they’re only required to pay a fine (which others have likely saved up for) and they can continue staying in the country. With the new guidelines in place, but, that is sure to change.

Doing It Legally is the safest way to Do It

In case you’re planning to work in Thailand, investing in the legal procedure to achieve a proper visa or work allow is the best thing that you can take in this matter. If discovered without a proper visa or work permit, you may find yourself deported and banned from getting into the kingdom once more for a particular range of years. The longer you have overstayed, the longer your ban is so, if you don’t want to be stored far from coming into the beautiful country of Thailand, you then should do things within the legal way.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Thailand elite

Thailand Elite Visa Program

One of the most hard processes in getting into to a country is getting the right visa approved for you via that country’s authorities. Thailand isn’t an exception. even though it is really friendly to travelers and those coming in for business, the country does have a specific process for obtaining a visa.

With the Thailand Elite Visa initiative, the process turns into a lot less complicated for you as you’ve got nearly everything that you need to get visa approval. Plus, you furthermore may get to experience extraordinary benefits as a member that other travelers can’t get access to without enrolling in the application.

The Perks of the Thailand Elite Visa program

The Visa service is part and parcel of your club in the Thailand Elite service, wherein you get to enjoy one-of-a-kind Elite private Assistant service for everything of your membership. travelling to Thailand allows you to apply these Assistants to do your bidding, and to make sure that you are able to get what you require. you’re a friend of Thailand, and you have the privilege of experiencing the country the way that regular foreigners are not able to do.

Now, under the Thailand Elite Visa program, those Elite private Assistants will take your place free of charge within the mandatory appearance before the Thai Immigration Bureau in Chaengwattana, Bangkok office. this is very handy if you are in Thailand for urgent business matters that make it not possible for you to appear before the Bureau in the 90-day time limit. you could avail of the Elite personal Assistants for your appearance everywhere in Thailand, however there are more expenses associated with the service outside Chaengwattana, Bangkok.

Typically, you would need to go out the country sooner or later and go back to conform with the requirements of a more than one entry visa. The Thailand Elite Visa application gives you the Privilege entry Visa which waives that requirement. the program is designed to offer members the distinctive privilege of staying within the country like a regular Thai resident or citizen. The Privilege access Visa is legitimate for 5 years and can be renewed without difficulty along with your membership in Thailand Elite.

With the Visa to your disposal, you can stay as much as 365 days in Thailand without having to leave for a few weeks within that period as otherwise required through normal visas. in case you initially applied for a 90-day stay and you want to extend, you may try this effortlessly with this Visa as long as your membership is legitimate and active.

The Visa is exclusive to Thailand Elite members. As a member, all you need to do is apply for the visa on the Royal Thai Embassy or the Royal Thai Consulate- general, in addition to in Phuket international Airport and the Chiang Mai office of the Thai Immigration Bureau.

With the Privilege entry Visa you may follow for as a member of Thailand Elite, you could concentrate more on doing your business within the country or really to enjoy the country with out thinking about regulatory requirements.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Tourist visa

Visa Free Travel To Thailand

If you need to go to Thailand, you would possibly want to analyze first what the requirements are for foreigners getting into the kingdom of Thailand. luckily, as it is a totally tourist-friendly country, you may discover it easier to go to Thailand as compared to visiting other nations within the Asia-Pacific. there may be really a way so that you can enter Thailand while complying with a minimum number of requirements.

Visa Exemption

If you are from the US, then you may really enter Thailand without having to apply for a Visa. this is why many nationals of the USA select Thailand for their vacations – the US has an agreement with Thailand for a visa-free entry for tourists for a limited quantity of days. in particular, US nationals can live on the kingdom of Thailand for a duration of 30 days by air or land without making use of for a visa. because of this people staying for a holiday may be positive that they will be able to capable of achieve this without being rejected by the Thailand authorities. not often does a vacation go as much as 30 days, and that’s already long sufficient to unwind and get your bearings returned. in the event that you decide to stay longer than 30 days, that is when you’ll have to apply for a visa from the Thai immigration.

If an individual does not depart Thailand prior to expiration of his/her airport permit or visa, the individual is in the country illegally. In order to depart Thailand, it will be necessary to pay an overstay fine. The fine for overstaying a visa is 500 Baht per day, up to a maximum of 20,000 Baht. The fine is payable to the Immigration Bureau, the Suvarnabhumi Airport Immigration office, or other departure point.

Other requirements

First, you may want to show files that you’ll be exiting the country inside 30 days. the kingdom wishes evidence that you may no longer overstay beyond the 30-day limit so one can approve your entry. because of this you’ll ought to present airline or train tickets that provide evidence that you’ll be exiting Thailand after 30 days. That should be easy to procure – you could book your self ahead of time, and simply re-book ought to you exchange your thoughts and increase your stay.

You need to additionally provide financial statements that prove your financial capability to fend for your self at some point of your stay in the country. each person is required to show economic statements of THB10,000 for anyone. For families, there must be an accumulative capability of THB20,000.

Last but not the least, you have to have a passport that is valid for as a minimum six months from your date of entry into Thailand. British topics, however, can enter using their 12-month prolonged passports as reflected by new measures added within this yr.

No Working Visa

Even as it is a not unusual practice to enter a country on a tourist visa and secure work at some point of that term, this type of practice is unlawful in Thailand and unlawful workers are actively prosecuted. you will need to use a separate visa if you are going to Thailand for employment. You need help out of your corporation with the intention to enter Thailand as an employee, and you will have to renew the visa after one year.

If you are interested by having a vacation in Thailand, you will definitely be relieved to understand approximately the 30-day Visa free entry into the country. This arrangement relieves you of lots of the problem of paperwork just to have every week-lengthy vacation in Thailand.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Student Visa Application in Thailand

In general, any overseas national who wants to enter the kingdom of Thailand is needed to acquire a visa according to the cause of their stay inside the country. but, there are specific nations whose citizens are allowed to live in Thailand for a selected number of days while not having to gain a visa of any sort.

Foreign nationals who want to study in Thailand, they need to acquire a student visa because it will allow them to live in Thailand even as they pursue their studies. Any overseas national can practice for a twelve months Non-Immigrant student visa but Student must be at least 12 years old and enrolled in any one of the educational programs by recognized and accredited educational institutions in Thailand.

The school or educational institution will apply for a letter of acceptance from the Thai Ministry of education requesting a 365 days ED visa for the student. This letter will be submitted by the student to a Thai embassy or consulate outside Thailand. The Thai embassy or consulate will issue a one-year Non-immigrant ED visa so as to be used in entering Thailand.

On arrival in Thailand, the student will be permitted to stay for 90 days.

Requirements for Eligibility to ED (Education) Visa in Thailand

Educational programs may be:

  • 6-month course with 100 hours of group study and 30 hours of private lessons.
  • 11-month course with 180 hours of group study and 40 hours of private lessons.
  • 1 year course with 18 hours of group study and 50 hours of private lessons.
  • Procedure in Processing ED Visa

A deposit of 70% of the tuition fee should be paid to the school in order to start Visa processing If the student is already in Thailand holding a tourist visa, If the student is outside Thailand, the tuition fee for the selected course will be paid in full.

Student must submit the following documents to the school for visa application processing:

  • Copy of passport
  • Application form provided by school properly filled out
  • 6 photos

If you need legal help don’t hesitate to contact us.

Visa Thailand

Difference Between Non-Immigrant Visas

There are sorts of Non-Immigrant Visa issued to foreigners who need to live within the kingdom – Non-Immigrant Visa “B”, and Non-Immigrant Visa “O”. For better knowledge on how to process and work the visa application process, you may seek advice from an immigration lawyer in Phuket for better procedure guidance.

The following describes each visa elegance or class:

Non-Immigrant Visa “O”

This sort of visa is issued to foreigners seeking to live in Thailand for an extended time period. Strictly speaking, this Non-Immigrant Visa “O” may be obtained by every person despite the fact that the maximum likely individual to acquire this visa class is a partner of a holder of a Thai Non-Immigrant business “B” visa. The “O” visa of the partner could be primarily based upon the other spouse’s “B” visa. With the Visa “O”, the holder may also or won’t be able to acquire work permit in Thailand. In widespread, best the ones in Thailand keeping Non-Immigrant Visa “O” primarily based upon marriage to a Thai “B” visa holder can be entitled to acquire a work permit.

How the Visa Works

This Visa “O” is available as a single entry with 90 days validity or a multiple access with one year validity.

The single entry visa lets in the traveller to spend not greater than 90 days inside Thailand although this will be extended for an extra 30 days via visiting an immigration office.
The multiple entry visa with 12 months period permits the individual to depart and re-enter Thailand in a vast number of instances inside the 365 days validity duration. Visa holders who depart and re-enter Thailand earlier than the cease of the 90 days period will get hold of a stamp on their passport permitting them to live in Thailand for some other ninety days. Extension of this ninety day stamp is possible by means of travelling an immigration workplace wherein visa might be given a 30 days extension. Once the duration of stay is up, the visa holder will need to leave Thailand. A common practice although is to cross the border and turn right around and re-enter the country after an hour or , to get hold of a new 90 days stamp again on the passport.

Non-Immigrant Visa “B” (for enterprise and work)

This visa is issued to foreigners who desire to work or conduct business in Thailand. Foreigners who adopt investment activities in the kingdom could be issued a Non-Immigrant Visa “B”. under this Visa class, other categories of Non-Immigrant Visa B are provided to satisfy the needs and qualifications of individual business persons – business Visa class B; business-approved Visa category B-A and investment and business Visa category 1B. Visa holders of this category need to be granted work permit earlier than starting work. it is available as single access with ninety days duration and a couple of access with 365 days length.

A Non-Immigrant Visa ‘B’ works in exactly the equal way (in terms of leaving and reentering Thailand every 90 days, up to the twelve months visa validity duration) as Non-Immigrant Visa ‘O’ with one exception. The Visa “B” may be a commercial enterprise visa or work visa, that is a prerequisite to acquiring a work allow in Thailand.

Retirement Thailand

Retirement Visa Penalty and Precautions

Thailand has been a famous choice amongst many foreigners of retirement age as their second home or retirement country. Thailand has all the amenities for a retirement haven to many foreigners who flock to the country to go to and after their exceptional holiday within the kingdom will decide to make Thailand a permanent second home. The country’s warm weather and a selection of first rate landscape and delightful retirement places unfold throughout the country are a number of the reasons foreign retirees determine to retire in Thailand.

Retirement places can variety from cool, mountainous terrain, pristine beaches or the cosmopolitan metropolis way of life. communication centers, transportation system, medical and health facilities are of worldwide standards so foreigners don’t have to worry about staying in Thailand for a long time. if you need to use for a retirement visa in Thailand, right here’s how.

For you to stay in Thailand for a long time, foreigners both apply for a retirement visa or the non-immigrant visa (O-A) that’s the visa for retirees who will now not work or engage in business in Thailand however would like to live for an extended duration. Validity of this visa is three hundred and sixty five days however it can be renewed each year for an indefinite time frame.

To hold this O-A visa, the retiree is required to report to an immigration officer before the end of a ninety-day stay as a way to inform of the retiree’s current address and get in touch with numbers. This notification will also be carried out by means of mail, via filing a few files and forms to the office of the Immigration Bureau. This manner is done every 90 days. you may also consult an immigration attorney for help.

Failure to examine the requirements of Immigration law pertinent to retirement or O-A non-immigrant visa may also end result to some penalties or cancellation of the visa being held.

Some of the situations that violate retirement visa laws include:

  • The notification to the Immigration Officer every 90 days must be made within 7 days before or after the 90 day stay period expires. A fine of Baht 2,000.00 will be imposed for failing to report on time.
  • If retiree moves to another address during the 90 day period, the retiree should notify the Immigration Bureau of the change in address within 24 hours after the move is made. Failure to do so will result to facing a fine of Baht 5,000.00.
  • If notifying by post or mail, the relevant documents must be sent by registered mail 7 days before the renewal date. Renewal documents cannot be processed if it’s past the 90 day limit. The retiree should go to nearest immigration office to pay the fine of Baht 2,000.00.
  • Leaving Thailand without a re-entry permit to be presented upon re-entering Thailand will result to visa cancellation and must leave Thailand within 30 days.
  • Overstaying or not departing Thailand prior to expiration of visa O-A. Overstaying visa holders will be fined Baht 500.00 per day up to a maximum of Baht 20,000.00.
  • Overstaying for more than 20 days may result to possible jail time, deportation and being blacklisted in Thailand.

Retirement visa application and renewal could be an less difficult task if you are properly guided with the aid of an immigration legal professional who has been in practice for years. in case you are looking for an immigration attorney in Phuket, we are able to help out.

How to Apply for Retirement Visa in Thailand

Thailand has been a popular destination for plenty foreigners looking for a place they can call their retirement home. Phuket’s superb views and ample stunning beaches had been the primary reasons for retirees to select the island as their retirement home.

But like other countries, foreigners need to obtain the right visa in order to be allowed to stay in Thailand legally.

Here are the requirements and procedures in applying and obtaining a retirement visa in Thailand.

  1. Obtain a One-Year Retirement Visa. To qualify for this visa, applicant must be 50 years old or older. Requirements that need to be complied with include passport (copies of each page duly signed), non-immigrant visa, departure card TM.6, proof of sufficient funds, Thai bank book (original) with at least 800,000 Baht or more, monthly income or pension at 65,000 Baht or a combination of both bank and monthly income/pension, letter from Thai Bank where account is maintained and three 4 x 5 cm full-face photo.
  2. Ship Your Household Items to Thailand. As Visa Benefits, Foreign retirees are given six months from date of entry to bring in the household stuff from the retiree’s country of origin, to Thailand tax free.
  3. Obtaining a Re-Entry Permit. “Extension of Stay” and Re-entry Permit” are two different visa variations, both of which will be needed by the retiree during his stay in Thailand. “Extension of Stay” the legality of your stay and everything else that go with a visa is dependent on this. A “Re-entry Permit” is dependent on the validity of the “Extension of Stay”. Any foreigner leaving Thailand without a “Re-entry Permit” will automatically have their visa canceled.
  4. Regular Reporting every 3 months. Retirees should need to report to their nearest Immigration Office every 90 days. If granted a long-term “Extension of Stay”. Those holding multiple entry visa need only to exit Thailand and renew their “Extension of Stay” after each 90 day entry.

Visa Approval

Upon approval of retirement visa, the retiree shall appear in person for the first and the last time at the Immigration office with the original passport to sign the visa paperwork in the presence of the Immigration officer or staff. Passport will then be stamped with the retirement visa at the time of approval which allows a retiree to stay in Thailand for a year without employment.

Work permit Thailand

How To Acquire residency in Thailand thru Employment

Aside from marriage to a Thai national, employment in Thailand is likely to be the most common grounds for a foreigner to be granted permanent resident status. Therefore, this subject is worth addressing in some detail. As with all permanent residency applicants, a person applying on the grounds of employment must satisfy the generally applicable requirements which were discussed in an earlier article (ìThailand Permanent Residency: An Overview). The legal minimum salary required for eligibility is 50,000 baht. However, there are two separate standards applied to applicants who make a minimum of 50,000 baht per month and applicants who make at least 80,000 baht per month. The requirements for an applicant who makes at least 50,000 baht per month, but not more than 80,000 baht, is as follows:

  1. The company that employs the applicant must have a registered capital of at least 10 million baht.
  2. The applicant must have been registered as a company director with signing authority for at least one year prior to the submission of the permanent residency application.
  3. The applicant must earn a salary of at least 50,000 baht per month for at least two consecutive years prior to the submission of the application and must present evidence of proper tax filings.
  4. The business of the applicantís company must be one of the following types:
  5. A company engaged in international commerce which has earned at least an average of 20,000,000 baht in foreign currency during the past three years from export sales. Evidence of this must be presented in the form of a letter issued by a commercial bank.
  6. A company which provides loans to domestic manufacturing companies and which has brought in at least 100,000,000 baht in foreign currency into the country within the past three years.
  7. A tourism company which has brought in at least 5,000 tourists on average. A certified letter from the relevant
  8. Thai governmental authority must provided as evidence.
  9. Any other type of business in which the applicant is a shareholder of at least 5,000,000 baht worth of shares fully paid-in. The applicant must have held those shares for at least two years prior to the date of submission. As it can be seen, the aforementioned requirements are particularly stringent.

However, the standard applied to foreigners who make at least 80,000 baht is quite easier and this may be a more realistic option. The requirements are as follows:

  • The applicant must have held a Thai Work Permit for at least three consecutive years prior to the submission of the application.
  • The applicant must have been employed at his or her current company for at least one year prior to the submission of the application.
  • The applicant must have earned at least 80,000 baht per month for at least two years prior to the submission of the application or must have paid at least 100,000 baht in personal income taxes within two years prior to the date of submission.

The application for permanent residency status can be a daunting task and involves a complex government bureaucracy. Therefore, it is advisable that all interested persons retain the services of an experienced lawyer like HWAL when applying for permanent residency.