Visa, Extension, Permission to Stay. Explained.
Nomenclature for types of visa and permissions to stay for Thailand.
The basic entry/visa types of interest to most readers are listed below. For full information you may want to read the Ministry of Foreign Affairs Website
Initially, we will attempt to explain the differences between visas and ‘permission to stay’ stamps. These are often confused.
A visa is fundamentally a document (affixed into the passport) issued to a foreigner by the Thai government allowing said foreigner to travel to the Kingdom and normally be granted permission to stay for a prescribed period. Visas can only be obtained outside of the Kingdom from a Royal Thai Embassy/Consulate (usually). A visa has a validity period which denotes the period within which the visa may be used to apply for entry. The validity period is NOT the length of time you will be permitted to stay in the Kingdom using said visa.
A ‘permission to stay’ stamp is entered into your passport upon arrival into the Kingdom. Whatever visa you hold, you will always receive this stamp. It will include the date of entry and date when you MUST leave the Kingdom or make alternative arrangements. The ‘length of stay’ will be dependent on what type of visa one holds. Once inside the Kingdom, this stamp is vital, your visa is now effectively irrelevant until you re-enter the country.
30 or 15 day TVE entry stamp. This is NOT a visa.
For the majority of passport holders, this is a 'permission to stay' stamp only obtained (free of charge) at a port of entry into the Kingdom and is issued without the need for a visa. 30 days issued at airports and 15 days issued at land borders.
At the discretion of the immigration officer this may be extended for up to 7-15 days at an immigration office after which time the holder must leave the Kingdom.
If you have a thai wife or thai child then you can get a once only 60 day extension.
This is NOT a visa.
3 month validity, single entry tourist visa: pre-obtained at a Royal Thai Embassy/Consulate and will result in the holder obtaining a 60 day 'permission to stay' stamp upon entry. If required, this type of visa may be extended by 30 days at an immigration office, but after that time the holder must leave the country. After one entry, the visa is “used”.
6 month validity, 2 to 4 entry tourist visa: pre-obtained at a Royal Thai Embassy/Consulate and will result in the holder obtaining a 60 day 'permission to stay' stamp upon entry if from a 30 day visa exempt entry country (listed below) or 30 days if not. If required, this type of visa may normally be extended by 30 days at an immigration office, but after that time the holder must leave the country. The holder may then return to the Kingdom and will obtain a second 60 day 'permission to stay' stamp which can also be extended as previous and then the holder must leave. After the stipulated number of entries the visa is “used”.
3 month validity, single entry non-immigrant visa: pre-obtained at a Royal Thai Embassy/Consulate and will result in the holder obtaining a 90 day 'permission to stay' stamp. This visa can be extended up to one year for specific reasons and with the required documentation (see 12 month extensions).
12 month validity, multi entry non-immigrant visa: pre-obtained at a Royal Thai Embassy/Consulate (usually) in your home country and will result in the holder obtaining a 90 day 'permission to stay' stamp upon entry. Each time the holder enters the Kingdom whilst the visa is valid, he/she will obtain a further 90 day 'permission to stay stamp'. Such visas can be issued for students/work/family etc. but normally require supporting documentation. This visa can also be extended up to one year for specific reasons and with the required documentation (see 12 month extensions).
Note: a 12 month validity, multi entry non-immigrant visa may also be obtained from some Royal Thai embassies outside your home country if you can provide evidence of your marriage to a Thai citizen (marriage certificate).
12 month extension of stay with a non-immigrant visa: If you are holding a non-immigrant visa, you have the option of extending your stay by 12 months based on either retirement (50 years old or over) or support to a Thai citizen, work, education and such. This may only be accomplished at an immigration office inside the Kingdom and certain criteria have to be met. Such extensions consist of a stamp in your passport detailing “issue date” and “permitted to stay until” date.
Note 1: If you are residing in the Kingdom under an extension and wish to leave the Kingdom at any time, then you will need to obtain a “re-entry permit” to avoid losing the extension and the subsequent need to re-apply (i.e. applying for a new non-immigrant visa and then extension of stay).
Note 2: If you are residing in the Kingdom under an extension of stay it is a legal requirement that the holder reports current address to an immigration office using form TM.47 (in person or by registered mail) every 90 days. Re-entering the Kingdom is the equivalent of a 90 day report.
Note 3: If you are in possession of a valid tourist visa or a 30 day visa exempt entry stamp and qualify for extension of stay and plan on doing so, you may be permitted to change to a non-immigrant visa at an immigration office inside Thailand. This change of 'status' has certain restrictions depending on your particular circumstances therefore you should check with an immigration officer first.
The information given above is for guideline purposes only. Each individual’s circumstances may differ to such an extent that a definitive description of the procedures involved is virtually impossible to present. And, the final decision on visa application/issue or entry into the Kingdom will always be at the discretion of the immigration officer.
List of visa exempt countries (September 2007):
Australia, Austria, Bahrain, Brunei, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Luxembourg, Malaysia, Netherlands, Norway, New Zealand, Oman, Philippines, Portugal, Qatar, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, United Arab Emirates, United States of America, United Kingdom.
Immigration And Labour Department Changes – End-2009
This has come from the BOI and has yet to be officially announced. I came across this document on another forum and thought it may be of use to TD members.
"IMMIGRATION AND LABOUR DEPARTMENT CHANGES – END-2009
The following bullet points are to update you on new procedures for obtaining Visas/Work Permits for expats, which may impact on you/ your clients in the future:
1. One Stop Service
• The One Stop Service centre will be moved from Rasa Building to Jamjuri Square (next to Samyan MRT station) at the end of this year;
• The old One Stop Service centre will close on 25 Dec 09. The new One Stop Service centre will open on 4 Jan 10. Please check if any Visa/Work Permit has to be renewed between these dates because during that time you will have to go to the normal relevant office (i.e. at Din Daeng for the work permit) which will take a lot more time;
2. Work Permit
• A new list of the types of work which foreigners are allowed to conduct will be issued by 23 Feb 10 at the latest. According to the current draft of the Ministerial Regulation on the types of work which foreigners are allowed to conduct, the new rules and practice will impact on current work permits (when they are extended) and new work permits;
• The new procedure will require foreigners, when requesting a work permit to be issued or renewed, to state both the work type (there will be about 6-8 work types such as Management Work, Education Work and so on) and the position that the foreigner will apply for;
• According to the current policy and the draft Ministerial Regulation, the work types will be specified in the Ministerial Regulation. However, the list of positions will not be disclosed to the public. These will only be stated in the officer's internal guidebook;
• If the position for which the foreigner applies is not listed in the officer's internal guidebook, the application will be rejected. The foreigner can reapply but such foreigner's application will be investigated more intensively;
• The company will also be required to send a letter explaining its business plan (including evidence that the company has already tried to employ a Thai individual for that position), the benefit of employing that foreigner for the development of Thailand (such as it will bring in a high amount of foreign investment or spending in Thailand, create employment for many Thai workers or develop the skills of Thai workers). This requirement also applies in the case of a work permit extension;
• Once the application for a work permit or work permit extension has been approved, the foreigner must collect the work permit at the appointed date and time. In the near future, if a foreigner fails to collect the work permit at the appointed date and time, the authority will send an official to check the foreigner's office and may prosecute the foreigner for working without having an original work permit with him (a criminal offence).
Translation
- Draft -
FOREIGN EMPLOYMENT ACT B.E.
Whereas it is expedient to revise the law on employment of foreigners.
1. This Act is called the “Foreign Employment Act, B.E. …..”
2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.
3. The following are repealed:
(1) Foreign Employment Act, B.E. 2521
(2) Foreign Employment Act (Second Issue), B.E. 2544
4. This Act does not apply to performance of specific duties by foreigners in Thailand in the following capacities:
(1) as members of a diplomatic mission;
(2) as members of a consular mission;
(3) as representatives of member countries and officials of the United Nations and specialized institutions;
(4) as personal servants coming from foreign countries to work regularly for persons in (1) (2) or (3);
(5) as persons who perform duty or mission under an agreement concluded between the Government of Thailand and foreign Government or international organizations;
(6) as persons who perform duty or mission for the benefit of education, culture, art, sport or other activities as may be prescribed by the Royal Decree;
(7) as persons permitted by the Government of Thailand to enter and perform any duty or mission.
5. In this Act,
“foreigner” means a natural person who is not of Thai nationality;
“work” means engaging in work by exerting energy or using knowledge, whether or not in consideration of wages or other benefit;
“permit” means a work permit;
“holder of a permit: means a foreigner who has been granted a permit;
“Committee” means the Committee considering employment of foreigners;
“Appeal Committee” means the Committee considering appeals regarding employment of foreigners;
“Competent official” means a person appointed by the Minister for the execution of this Act;
“Registrar” means a person appointed by the Minister as Registrar of Foreign Employment;
“Director-General” means the Director-General of the Department of Employment;
“Minister” means the Minister having charge and control of the execution of this Act.
6. The Minister has charge and control of the execution of this Act and is authorized to appoint the Registrar and officials, issue Ministerial Regulations to stipulate the Rate of Fees which shall not be higher than the Rate attached to this Act, fee exemption and other activities for the execution of this Act.
Ministerial Regulations shall come into force after their publication in the Government Gazette.
Chapter 1
Employment of Foreigners
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Part 1
Employment Specification and Foreign allocation
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7. A foreigner is prohibited from engaging in any employment, except as specified under Section 8, 14 and 16.
8. Under Sections 14 and 16, the Minister shall specify any employment which can be engaged in by a foreigner, in any place, at any time, by publication in the Government Gazette.
9. In the enforcement of Section 14, the Minister shall announce, with Cabinet approval, any employment which may have foreigners allocated. In such announcement, the Minister may prescribe any condition as he may deem appropriate.
10. Any person who wishing to employ a foreigner under Section 9 shall submit an application on behalf of the foreigner to the Director-General or official entrusted by the Director-General within a duration specified by the Director-General.
Part 2
Work Permit Issuance
______________________
11. Under Section 14 the employment specified by the Minister pursuant to Section 8, a foreigner can work only after a permit from the Director-General or entrusted by the Director-General has been granted, except for a foreigner who temporarily enters Thailand pursuant to the Immigration Act to engage in necessary and urgent work with a duration of not more than 15 days. But such foreigner can work only after filing a written notification to the Director-General or Official entrusted by the Director-General, in the specified format.
12. Subject to the Immigration Act, any person wishing to employ a foreigner in his business in Thailand may submit a Work Permit request on behalf of such foreigner to the Director-General or official entrusted by the Director-General.
The Director-General or official entrusted by the Director-General may issue a permit to a foreigner under paragraph one, only after the entry into Thailand of such foreigner.
13. In granting a permit to a foreigner under Section 1 and 12, the Director-General or Official entrusted by the Director-General may prescribe any condition therein for the foreigner to comply therewith. In such case, the foreigner is required to give assurances that he will comply with such conditions.
14. A foreigner who has been permitted entry to work in Thailand under the Investment Promotion Act or other laws, shall apply for a permit with the Director-General or official entrusted by the Director-General within 30 days from the date of acknowledgement of permission to work under the Investment Promotion Act or other laws. While waiting for the grant of a permit, a foreigner may proceed to work.
After the Director-General or official entrusted by the Director-General has received the application, the permit shall be issued without delay.
15. A foreigner who may apply for a permit under Section 11 shall possess the following qualifications:
(1) having a place of residence in Thailand, or having been permitted to temporarily enter into Thailand under the Immigration Act, but not as a tourist or in transit.
(2) not being disqualified or prohibited under conditions prescribed by the Minister, as published in the Government Gazette.
16. The following foreigners may engage in only such work which has been prescribed by the Minister as published in the Government Gazette. In such Notification, the Minister may prescribe any condition as he may deem appropriate:
(1) foreigners under a deportation order under the law on deportation who have been permitted to engage in profession at a place in lieu of deportation or while awaiting deportation;
(2) a foreigner whose entry into Thailand has not been permitted under the law on immigration and is awaiting deportation;
(3) a foreigner born in Thailand but has not acquired Thai nationality under the Announcement of the National Executive Council No. 337, dated 13 December B.E. 2515 or under other laws;
(4) a foreigner whose Thai nationality has been revoked under the Announcement of the National Executive Council No. 337, dated 13th December B.E. 2515 or under other laws.
A foreigner may engage in such work as is prescribed by the Minister under paragraph one, only upon receipt of a permit from the Director-General or official entrusted by the Director-General.
17. A permit issued under Section 11, 12 and 16 is only for the work prescribed in Ministerial Regulations, a person who employs a foreigner in his business shall deposit a guarantee concerning the expenses for a return trip out of Thailand to the Director-General or official entrusted by the Director-General, in accordance with the criteria, methods, conditions and guarantee rate specified by the Director-General, but not more than the rate prescribed in Ministerial Regulations.
Guarantee securing, spending it and returning it, shall be in accordance with regulations prescribed by the Minister.
If a person who has employed a foreigner does not reclaim the guarantee under paragraph one within five years from the date of the foreigner’s departure from Thailand, or of being independent from any responsibility, such guarantee shall belong to the Government.
18. A permit issued under this Act shall be valid for two years from the date of issue, except for a permit issued to a foreigner under Section 14 which may have the same validity period as the permitted duration to work according to such relevant laws.
19. Where a holder of a permit is issued under Section 14 has received an extension of the employment period under such laws, the holder thereof shall notify the Registrar within 30 days from the date of receiving the extension and the Registrar shall record such extension in the permit.
20. Before a permit has expired and if the holder of permit wishes to continue working, he shall apply for a renewal of the permit with the Registrar. In such case, the applicant for renewal of the permit may continue working, until the Registrar issues an order refusing the renewal of the permit.
Each renewal of permit shall be valid for two years.
Where a holder of a permit does not apply for renewal within the specified duration under paragraph one and wishes to continue working, he shall submit a request for renewal within 30 days from the expiry date and pay a daily fee from the expiry date until the submission date, according to the rate prescribed by the Minister. In such case, the applicant for renewal of the permit may continue working until the Registrar issues an order refusing renewal of the permit.
21. The Minister has authority to issue Ministerial Regulations prescribing the forms, rules and procedures in the following cases:
(1) application for and issue of a permit to employ a foreigner under Section 10;
(2) application for receiving and issue of a permit under Section 11, 12, 14 and 16;
(3) application for renewal and renewal of permit under Section 20;
(4) application for and issue of a replacement permit under Section 24;
(5) application for and permission to engage in other work or in another locality or place under Section 25;
(6) issue of identity cards under Section 37.
22. In the case of refusing to issue a permit or not granting permission under Section 11, 12, 14 and 16 or refusing to renew a permit under Section 20 or not granting permission to engage in other work or in other locality or place under Section 25, the applicant has the right to submit an appeal to the Appeal Committee, by submitting a written notification to the Director-General or Official entrusted by the Director-General or Registrar, as the case may be, within 30 days from the acknowledgement of refusal. After receiving the appeal, the receiver of the appeal shall forward it to the Appeal Committee within 15 days. The Appeal Committee shall consider the appeal within 30 days. The judgment of the Appeal Committee shall be final.
Where the appeal decision refuses to renew a permit under Section 20 as mentioned in paragraph one, the Appellant has the right to continue working until there is a judgment of the Appeal Committee.
23. A permit holder shall keep the permit on his person or at the place of work during work, in order that it may be readily shown to an official or the Registrar.
24. If a permit is materially damaged or lost, the permit holder shall apply for a substitute with the Registrar within 15 days from the date of knowledge of such damage or loss.
25. A permit holder shall not engage in other work, or work in other locality or place other than that which is specified in the permit, unless permission is obtained from the Registrar.
Permission under paragraph one shall be for working with the same employer only.
26. No person shall employ a foreigner who has no permit, nor employ him in work which is of a different description or condition, from that specified in the permit.
27. Any person who employs a foreigner or transfers a foreigner to work in a locality other than specified in the permit, or has a foreigner resigning from his employment, shall notify the Registrar within 15 days from the date of employment, transfer or resignation.
A notice under paragraph one shall be in the form prescribed by the Director-General.
Chapter 2
The Committee Considering Employment of Foreigners
_______________________
28. There shall be a committee called the Committee Considering Employment of Foreigners consisting of the Permanent-Secretary of the Ministry of Labour or person entrusted by the Permanent-Secretary of Ministry of Labour as Chairman, the Permanent-Secretary of the Ministry of Defence or his representative, the Permanent-Secretary of the Ministry of Foreign Affairs or his representative, the Permanent-Secretary of the Ministry of Agriculture and Cooperatives or his representative, the Permanent-Secretary of the Ministry of Industry or his representative, the Permanent-Secretary of the Ministry of Interior or his representative, the Permanent-Secretary of the Ministry of Public Health or his representative, the Secretary of the National Security Council or his representative, the Secretary of the National Economic and Social Development Board or his representative, the Director of the National Intelligence Agency or his representative, representatives of employers and employees being not more than three persons from each party who have been appointed by the Minister as Committee members, the Director-General of the Labour Department is a Committee member and Secretary, the Director of Foreign Labour Administration Office shall be a Committee member and Assistant to the Secretary.
29. Members appointed by the Minister shall hold office for a term of two years and may be re-appointed but cannot be re-appointed for more than two consecutive terms.
30. Members appointed by the Minister shall vacate office prior to the end of their term upon:
(1) death;
(2) resignation;
(3) removal by the Minister.
Where a member is appointed during the term of members already appointed, notwithstanding that this is a new or additional appointment, the appointee shall hold office only for the remaining term of the member already appointed.
31. The Committee has the duty to consider, and give recommendations to the Minister as follows:
(1) the issue of Royal Decrees under Section 4 (6);
(2) the issue of Ministerial Regulations under Sections 6 and 21;
(3) prescription of work which the Minister may announce under Section 8;
(4) the issue of an announcement under Section 9;
(5) prescription of work which the Minister may announce under Section 16;
(6) grant of permission under Section 39;
(7) other matters, as delegated by the Minister.
32. At a meeting, the presence of not less than one half of all the members shall constitute a quorum. If the Chairman does not attend or is unable to perform his duties, the members present shall elect one from amongst themselves to preside over the meeting.
A decision at the meeting shall be made by a majority of votes. Each member shall have one vote, and in the case of equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.
33. The Committee has power to appoint a sub-committee to carry out any activity or consider any matter within the scope of the duties of the Committee.
The provisions of Section 32 shall apply to meetings of a sub-committee in the same manner.
Chapter 3
The Appeal Committee Considering Employment of Foreigners
_______________________
34. There shall be a committee called the Appeal Committee Considering Employment of Foreigners, consisting of the Permanent-Secretary of the Ministry of Labour or person entrusted by the Permanent-Secretary of Ministry of Labour as the Chairman, a representative from the Ministry of Foreign Affairs, a representative from Royal Thai Police Department, a representative from Business Development Department, a representative from the Board of Investment, a representative from the National Economic and Social Development Board and not more than three qualified persons appointed by the Minister as committee members and a representative from the Department of Employment as a committee member and secretary.
35. The provisions of Sections 29, 30, 32 and 33 shall apply to the Appeal Committee in the same manner.
Chapter 4
Supervision
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36. In performing duties under this Act, the Director-General or official entrusted by the Director-General, Registrar or competent official is empowered to:
(1) issue a written inquiry or summon any person to provide facts as well as to require him to produce any document or evidence;
(2) enter any premises which is believed to be a working period with a reasonable belief that a foreigner is working there, in order to ensure compliance with this Act. For this purpose, he is empowered to inquire into facts or request production of any document or evidence from the person who is responsible for or connected with such place.
In performing duties under (2) the owner or occupant of such premises or person who is responsible for or connected with the said premises, shall render appropriate facilities.
37. The Registrar and competent official must have identity cards.
In the performance of duties, the Registrar and competent officials must show their identity cards on the request of the person concerned.
38. In performing duties under this Act, the Director-General or official entrusted by the Director-General, Registrar or competent official shall be officials under the Criminal Code.
For the benefit of arresting and suppression of offenders under this Act, an official has the same powers and duties as an administrative official or police officer under the Criminal Code.
39. In specific cases, the Minister with Cabinet approval may grant a permit to a foreigner to work in Thailand with any conditions or may grant an exemption not following this Act in such case.
Chapter 5
Penalties
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40. Any foreigner who works in violation of Section 7 or the announcements of the Minister issued under Section 8, shall be liable to imprisonment for a term not exceeding five years or to a fine from two thousand to one hundred thousand Baht or to both.
41. Any foreigner who works in violation of Section 11 or in violation of conditions prescribed under Section 13 or works without a permit or in violation of conditions prescribed by the Minister under Section 16, or works in violation of Section 20, shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or both.
42. Any foreigner who violates or offends under Sections 14, 19, 23, 24 or 27 shall be liable to a fine not exceeding one thousand Baht.
43. Any permit holder who violates Section 25 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht or both.
44. Any person who employs a foreigner in violation of Section 26 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both.
45. Any person who employs a foreigner in violation of Section 20 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or both.
46. Any person who fails to comply with a written inquiry or summons or refuses to provide facts or furnish documents or evidence, or obstructs or fails to render facilities to the Director-General or officials entrusted by the Director-General, or the Registrar or competent officials in the performance of their duties under Section 36, shall be liable to a fine not exceeding three thousand Baht.
47. In all cases under this Act except cases under Sections 40, 41 and 44, the Director-General or official entrusted by the Director-General is authorized to fine.
In the case of investigation, if an inquiry official finds that any person who is guilty under this Act and can be fined and such person agrees to be fined, the inquiry official shall submit this matter to the Director-General or official entrusted by the Director-General within seven days from the date of agreement to be fined.
After the offender has paid the fine in the full amount within the specified date, but not later than 15 days, this case shall be settled in accordance with the Criminal Code.
If the offender does not agree to be fined or after agreement, does not pay the fine within the specified date under paragraph three, a criminal case shall be conducted.
Chapter 6
Transitional Provisions
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48. Within three years after announcement date of this Act, the Minister shall issue an announcement to prescribe the employment which can be engaged in by a foreigner under Section 8.
While there has been no announcement under paragraph one, the Royal Decree issued under the provisions of Section 6 of the Foreign Employment Act B.E. 2521 can be enforced.
49. All Royal Decrees, Ministerial Regulations, Announcements or the Minister’s or Director-General’s Orders or permits issued or ordered by virtue of the Foreign Employment Act B.E. 2521 can be enforced, as long as there is no conflict with the provisions of this Act, and shall be considered as Royal Decrees, Ministerial Regulations, Announcements or the Minister’s or Director-General’s Orders or permits issued or ordered by virtue of this Act.
A permit issued under the Announcement of the National Executive Council Regulation No. 337, dated 13th December B.E. 2515 can be used as long as such permit has not expired and the Permit Holder is still working in such permitted employment.
Countersigned by:
……………………….
Prime Minister
Fee Rates
(1) Work Permit 20,000 Baht/issue
(2) Work Permit extension or work duration extension 20,000 Baht/time
(3) Replacement for Work Permit 3,000 Baht/issue
(4) Permit for any other employment 5,000 Baht/ time
(5) Permit for working in any other locality or place 5,000 Baht/time
(6) License to employ a foreigner 10,000 Baht/person
(7) Application fee 1,000 Baht/issue
For the issue of Ministerial Regulations to fix fee rates, these may be fixed at different rates taking into account the occupation of the foreigner."
MH.