Immigration Laws:
An Overview
Immigration
into the Kingdom of Thailand is governed by the Immigration Act
of 1979 and is administered by the Immigration Bureau of the Royal
Thai Police Department, Ministry of Interior. To visit or work
in the Kingdom of Thailand, immigration requirements must be met.
The
major immigration requirements are:
- Any
foreigner wishing to enter Thailand, unless otherwise exempted,
must obtain a proper visa from a Royal Thai Embassy or Thai
Consulate prior to arrival in Thailand. A list of countries
whose nationals require a visa upon arrival at the Bangkok (Don
Muang), Chiang Mai, Phuket and Hat Yai airports is attached
as Appendix 1.
- Nationals
of countries who have agreements with Thailand to visit Thailand
for not more than 30 days are not required to obtain a visa
before entering the country. However, these individuals must
obtain an entry stamp at the checkpoint of entry. See attached
Appendix 2.
These
lists of countries change periodically. The Immigration Bureau
adds and removes countries as circumstances dictate. For a stay
longer than 30 days, all foreigners must have a valid visa with
the exception of nationals of South Korea, New Zealand, Sweden,
Denmark, Finland and Norway, who are currently allowed to stay
up to 90 days without a visa.
A
visa authorizes entry into Thailand for a specified length of
time depending upon the type of visa. The passport or substitute
document will show the expiry date of authorized entry. The permissible
duration of stay is always entered in the passport.
In
Thailand, there are numerous visa categories issued under the
Immigration Act. Each category is restricted to the purpose for
which the visa has been issued. Foreigners are advised to strictly
adhere to the rules governing each visa category.
Exits
may only be legally made at designated immigration control points.
The crossing of any border is an exit for immigration purposes,
whether or not the exit point is controlled. Thus, forays into
neighboring countries are deemed exits, legal or otherwise, and
returning to Thailand from such trips is a new entry, requiring
a proper visa or re-entry permit. A re-entry permit allows a foreigner
to re-enter the country and use the time remaining in his/her
visa. If a re-entry permit is not applied for, the visa will automatically
be canceled although it has not expired. It is advisable to request
a multiple visa if one expects to be frequently traveling out
of Thailand. This allows him more than one entry into Thailand
during his travels. If one leaves Thailand before his visa has
expired and wants to return but does not have a re-entry permit,
he must apply for another visa.
Expatriate Relocation
Visas:
A
foreigner wishing to work in Thailand must apply for a non-immigrant
type "B" visa (business visa) from a Thai Embassy or
Thai Consulate abroad prior to entering Thailand. Once he is in
Thailand, his employer can apply for a one-year visa from the
Immigration Bureau. When the application is approved, a one-year
visa will be stamped in his passport. Dependents of the expatriate
shall apply for a non-immigrant type "O" visa from a
Thai Embassy or Consulate prior to entering Thailand. The visas
of the following dependents may be extended to correspond with
the expatriate's visa:
- wife
by legal marriage;
- children
under 20 years of age or not married or disabled;
- parents.
A
common law wife is not eligible as a marriage certificate is required
to prove the marriage. If the expatriate is a woman, her husband
(even by legal marriage) is not permitted to extend his visa based
on his wife's visa, unless special consideration is given which
is done on a case-by-case basis.
Even
though children may be permitted to extend their visas based on
the expatriate's, in practice, the officials require that children
over 14 years of age apply for a one-year visa under the non-immigration
type "ED" visa (education visa). A letter issued by
the school they are attending will be required.
Parents
may be permitted to extend their visas based on the expatriate's
depending on necessity as well as the occupation, financial status
and income of the expatriate. However, in practice, fathers over
55 years of age will be required to apply for a one-year visa
under the retirement visa category.
All
others such as domestic servants, brothers, sisters or even live-in
partner are not permitted to extend their visas based on the expatriate's.
Work Permits:
Most foreigners who intend to work in
Thailand are subject to the Alien Employment Act of 1978. Under
the Act, a foreigner cannot perform any act of work or service
unless a work permit has been issued. The term "work"
is defined very broadly, i.e. "working by exerting one's
physical energy or employing one's knowledge, whether or not for
wages or other benefits". Therefore, although a foreigner
may have obtained a non-immigrant visa from a Thai Embassy or
Consulate and is permitted to stay in Thailand according to the
length of his/her visa, he/she is not allowed to work until a
work permit has been issued. A work permit is good only for the
particular job for which it was issued and within the geographic
limits specified in the work permit.
A
work permit is issued for the individual expatriate. The spouse
of the expatriate is not allowed to work unless he/she has obtained
a work permit individually.
Facilitating Agencies
The Board of Investment
of Thailand:
Under the Board of Investment Act 1997, the Board of Investment
is empowered to grant permission to a promoted entity to bring
into the Kingdom foreign expatriates who are skilled workers or
experts, including spouses and dependents of the above persons,
in such numbers and for such periods of time as the Board of Investment
may deem appropriate even in excess of quotas or periods of time
permitted to stay in the Kingdom as prescribed by the Immigration
Act.
The Industrial Estate Authority of Thailand
(IEAT):
Under the Industrial Estate Authority of Thailand Act 1979, the
Board of Directors of IEAT is empowered to grant permission to
industrial operators and commercial operators (for export) to
bring into the Kingdom foreign expatriates who are skilled workers
or experts, including their spouses and dependents, in such numbers
and for such periods of time as the Board of Directors of IEAT
may deem appropriate even in excess of such quotas or periods
of time permitted to stay in the Kingdom as prescribed by the
Immigration Act.
In
addition to the above two government agencies, the Petroleum Committee
also has the power to grant permission to companies undertaking
petroleum operations in Thailand as concessionaires or as contractors
who have firm contracts directly with concessionaires, to bring
into the Kingdom foreign expatriates who are skilled workers or
experts, including their spouses and dependents, in such numbers
and for such periods of time as the Petroleum Committee may deem
appropriate even in excess of such quotas or periods of time to
stay in the Kingdom as prescribed by the Immigration Act.
