Visa and immigration law

Visa Categories The Immigration Act of 1979 as amended in 1980 establishes the following visa categories:

• Tourist

• Visitor Transit

• Immigrant

• Non-Quota Immigrant

• Non-Immigrant

Nationals of most countries will, without applying for a visa from a Thai embassy or consulate in advance, be given a 30 day-visa, except for those who are eligible for 90 day visas. Nationals of some countries who are entitled to the 30 day-visa may be requested by the immigration officials to produce an onward ticket to establish that they will leave the Kingdom within 30 days.

Tourist

Tourist visas are initially valid for 60 days and are renewable at the discretion of the Immigration Department. Renewals are normally granted for periods of up to 30 days at a time.

Visitor Transit

Aliens who have obtained a transit visa from a Thai embassy or consulate will be granted a 30-day stay in the Kingdom. Extensions of stay are normally granted for periods of seven to 10 days. Transit, visitor transit and tourist visa holders are not authorized to work in Thailand.

Non-Quota Immigrant

This category includes former residents who have lost their resident status but who have reapplied to resume their residency and who have been able to demonstrate a convincing reason to support the granting of this type of visa.

Members of the diplomatic or consular corps, aliens coming to perform their duties in Thailand with the approval of the Thai government, aliens performing their duties in Thailand under an agreement between the Thai government and a foreign government, heads of international organizations or agencies operating in Thailand, and dependants of all the aforementioned persons, including private servants of members of the diplomatic corps, are exempted by the Act from the normal visa requirements.

Non-Immigrant Visa

Aliens seeking a prolonged stay, or those coming to work in Thailand, should obtain non-immigrant visas for all family members prior to entering the Kingdom. There are several categories of Non-Immigrant visas which include business visa category (B); dependent visa category (O); investment subject to the provision of the laws on investment promotion (BOI B); diplomatic and consular visa category (D); performance of duties with the mass media (M); performance of skilled or expert work (EX); investment (with concurrence of ministries and departments concerned)-(capital investment IM); study or observation (ED).

A non-immigrant visa entitles the holder to apply for a multiple re-entry visa to Thailand from the Immigration Division in Bangkok, as well as allowing the holder to apply for permanent residence in Thailand. It also provides eligibility for the issuance of a Work Permit, and eligibility for temporary visa renewal while processing issuance of a long- term annual visa.

Aliens are advised to strictly adhere to the rules governing each visa category. They should report any changes of address or status to local police within 24 hours.

Transit, visitor transit, tourist and non-immigrant visas are issued only for the following purposes and duration:

* Diplomats or consular missions (duration as necessary)

* Official missions (duration as necessary)

* Tourism (90 days)

* Sports (30 days)

* Business purposes (one year)

* An investment which has received authorization from the appropriate government authorities (two years)

* Investment or other business in connection with investment under the investment promotion act (as determined by the Board of Investment)

* Transit (30 days)

* The controller or crew of a conveyance entering a port or other locality in the kingdom (30 days)

* Work as a skilled laborer or specialist (one year).

In order to facilitate and speed up the process of issuing visas and work permits, the Thai government has established a One-Stop Service Center for Visas and Work Permits where applications, once all relevant paper work is in place, can be processed in a few hours. This includes a multiple re-entry visa for the period of the validity of the visa – usually one year.

Work permits, which are valid for the period of the visa, have to be renewed every year. When an individual applies for a renewal of visa, he or she has to show that taxes for the previous year have been paid. If an individual stays in Thailand for an unbroken period of 90 days, he or she has to notify immigration officials accordingly.