Thai Visas and Immigration

Each year, many people opt to travel to the Kingdom of Thailand in order to explore the beautiful beaches, exotic nightlife and interesting scenes. For some, the trip is short, but for others a long term vacation awaits. If one wishes to remain in the Kingdom of Thailand for a continuous period of more than 15 to 30 days, a Thai visa is likely required to maintain lawful status. Those who obtain long term Thai visas are initially taken aback by some of the notations on the visa.

For example, some visas to Thailand are stamped with a notation which states: “Employment Prohibited.” Angst is sometimes created because the visa holder thinks this means that he or she cannot get a job at any time. In reality, this simply means that employment is not authorized based solely upon this travel document. The Thai authorities view the right to work in Thailand and the right to remain in Thailand as two separate entitlements. Much like a United States business visa (B-1), the bearer is simply entitled to travel and ask for permission to enter the country for business related purposes which do not constitute employment in the USA. This same issue is often experienced by those in Thailand on a Thai business visa. Many are under the mistaken impression that a business visa alone is enough to work legally in Thailand. In point of fact, only a Thai work permit entitles a foreigner to work in the Kingdom. Even with regard to a work permit, one’s employment must remain within the scope of activities listed in the permit itself. However, a Thailand “B” visa with an “Employment Prohibited” stamp could still be used as a foundation for a Thai work permit application if all of the other legal criteria are met.

Another common notation that throws some would-be expats off guard is the one which states: “Extension of Stay Not Permitted.” This is really an unnerving notation as many think that it is not possible to extend the visa past the initial validity period. This is not the case. A clearer staement would read: “Extension of Stay Not Permitted Without Re-Adjudication.” One may extend a Thai business visa, but it is not a matter of right. Instead, a new extension application must be made and approved before one will be allowed to stay in lawful status past the underlying visa’s expiration date. This appears to be used internally by Thai government officers in either the Royal Thai immigration Police, the Thai Ministry of Foreign Affairs, or the Thai Ministry of Labour. Many foreigners are relieved to know that these notations rarely have a detrimental impact upon their long term plans.

(Thai Immigration rules and regulations are in a constant state of flux. Therefore, extensive research may be necessary in order to obtain a valid visa. If possible, contact a legal professional for more information.)


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