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 apply for long term Thai visas are initially dismayed at some of the notations on their visa.

For example, some visas to Thailand are stamped with a notation which states: “Employment Prohibited.” Dismay is had because the visa holder believes this means that they cannot receive employment authorization at any time. In reality, this simply means that employment is not authorized based solely upon this travel document. The Thai government has bifurcated the right to work and the right to remain in the Kingdom of Thailand. 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 dealt with by those in the Kingdom on a Thailand business visa. Some labor under the incorrect assumption that a business visa alone is enough to legally take up employment 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 necessarily the case. Instead, this phrase should really read: “Extension of Stay Not Permitted Without Re-Adjudication.” One could extend a Thailand business visa, but an extension is not a 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.

(Thailand’s Immigration rules and regulations are very fluid. 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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