Staying Within The law
Which visa is the most appropriate for you?
Wednesday, July 1, 2009
As someone wishing to spend time on Samui, the first thing you’ll need is a valid visa. Whether you’re a tourist, you’re here looking for work; a retiree; or a person with a business on the island, there should be a visa catering specifically for your circumstance.
However, in Thailand there is a level of inconsistency in their issuance, depending on the immigration office you’re attending and their own specific guidelines. Some offices have the power to do more than others so it helps to be aware of what can be issued, and where, before you make your application.
Another thing to know is that laws and guidelines change regularly and are often only discovered when someone visits an immigration office and encounters a problem.
It’s important not to believe everything you hear from people who have ‘been there and done it’! There’re many rumours as to what visas you can get, where they’re being issued and what paperwork you need to obtain them. Just because someone you know was issued a visa in Penang one week, doesn’t mean you’ll get one the next. Everyone’s circumstances, paperwork and applications are different and judged independently.
The most sensible approach is to seek advice from a reputable legal company who will have knowledge of the most recent regulations and who can check with the specific immigration department to find out exactly what’s required.
One such company is DFDL Crawshaws. They have an excellent reputation and offer up-to-date and accurate visa advice.
At present, there are a number of visa options available. The first and most common example is the Visa Exemption Rule. What this means is that certain nationalities can enter Thailand, for tourism purposes, without a visa.
This provides you with up to 30 days permission to stay, which can be extended for a maximum of seven days at an immigration office within Thailand. However, it’s current practice to only give 30 days if you enter Thailand by air. Anyone using a land border will only be granted 15 days. There are no restrictions on the number of visa-exempt entries but any kind of employment is forbidden.
The next option is the Tourist Visa which is available as single, double or triple entries. Most embassies and consulates in Asia will only issue single, or occasionally double entry visas so it’s advisable to check with the office for their current policy. Generally double and triple entry visas are only available from your home country.
Single entry visas must be utilised within three months of issue, whilst double and triple ones it’s six months. On arrival with a tourist visa, your passport will be stamped with a permission to stay for 60 days and this can be extended for another 30 days at an immigration office (provided this is done within the validity of the visa). A double or triple entry visa can be used for a stay of approximately six months if timed correctly with extensions and border crossings.
For those whose intentions are not tourism-related, a Non-Immigrant Visa is required; which you’ll have to get before entering the country and there are several categories available.
A Non-Immigrant O Visa is an option if you intend to visit friends and family; stay with a Thai spouse; look for employment; or if you are married to a person who already has a Non-Immigrant B Visa, a retirement visa or an authorised extension of stay.
This visa is difficult to obtain from anywhere other than your home country; unless you’re applying under the spouse option. It can be single or multi-entry and allows a 90-day stay with each entry. Multi-entry visa holders must leave the country and re-enter to activate the next 90-day permission of stay.
With an O visa it is possible to apply for a work permit providing you’re only an employee of a company and not a director.
Non-Immigrant B visas cover you for conducting business or working for a Thai company. This is harder to obtain, as the minimum requirements are copies of company papers, a sponsor letter or a valid work permit. Additional paperwork may also be required depending on the issuing embassy or consulate.
It’s better to apply in your home country if you require a one-year multi-entry visa, as Asian offices will usually only issue single entry visas. This visa allows a 90-day stay with each entry and multi-entry visa holders must leave the country and re-enter to get further 90-day permissions of stay.
For business-people who are not intending to work in Thailand, there’s also a three-year multi-entry Non-Immigrant B Visa, but with this one, any form of employment is strictly prohibited.
A Non-Immigrant ED Visa covers those attending school, university or engaged in education. To successfully obtain this, the minimum requirement is a letter from an approved educational establishment. In some cases additional paperwork may be required.
Again, it’s better to apply in your home country for a multi-entry visa as you will most likely only receive a single entry within Asia. This visa has the same 90-day rules as above.
A Non-Immigrant O-A Visa is for foreign retirees. To qualify for this you must be aged 50 years or above, have no criminal record and be able prove that you can support yourself financially. A medical certificate is also required.
This visa is usually only issued by certain embassies in certain countries so please check with the visa office concerned. There is another option for retirees and that’s to apply for an O visa first; with the purpose of visit being to apply for retirement status in Thailand. After entering the country you can apply for a retirement extension.
Employment of any kind is not allowed under categories O-A and ED. For categories B and O a work permit must be obtained if you wish to undertake any type of employment.
An Extension of Stay is becoming a more usable visa option. Applications for this must be made before your current visa expires. Any extension is at the discretion of the Immigration Department and is therefore not guaranteed.
A short-term extension of stay can be granted for up to 30 days on a tourist visa and for 7 days with a non-immigrant visa or entry under the visa exemption rule.
A one-year extension of stay can be applied for if the purpose is for business, retirement, marriage, or education. It’s also applicable if you’re a parent of a child at school and for investment purposes. To obtain such an extension you must first have non-immigrant status. There are numerous other categories where such an extension may be applicable but these are the most commonly used.
After obtaining a one-year extension of stay, rather than leave the country every 90 days you simply report your address to a Thai immigration office (such as the one in Nathon) instead. N.B. If you need to leave the country you must first obtain a re-entry permit otherwise your extension of stay will be cancelled.
One-year extensions are renewable as long as you continue to fulfil the requirements but it’s especially important that you understand the extension is only valid if the purpose still applies. For example, if you cease to be employed or get divorced then you must leave the country immediately and return on a new visa.
There are some other special schemes available which have visa privileges, such as the Apec Business Travel Card which depend upon your personal circumstances.
Remaining in the country legally is extremely important and therefore getting the right visa is essential. DFDL Crawshaws can provide the right advice and keep your stay on Samui within the law.
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