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ResourcesVisa & Immigration LawThailand Immigration LawForeigners "Exceeding 150 Days or More Than Two Entries" Targeted in Thailand?

Foreigners "Exceeding 150 Days or More Than Two Entries" Targeted in Thailand?

Transcript of the above video: 

As the title of this video suggests, we are discussing, looks like we're seeing a new policy shifts within Thai Immigration that is defining more the parameters around which Immigration Officers are going to be scrutinizing entrance to Thailand based on their past travel history. Let's just jump in here. 

I thought of making this video after reading a recent article from The Phuket News, that's thephuketnews.com, the article is titled: Phuket Immigration spells out 'Visa-free' Crackdown. Now the thrust to that article goes, it's quite in depth. I urge those who are watching this video, check out The Phuket News, tip of the hat to you folks down there at The Phuket News; you guys do a good job in really fleshing all of this out. That said, under the sub-headline if you will, 150 DAYS, quoting directly: "Col. Kriangkrai said officers nationwide have now been instructed to actively monitor foreigners who appear to be using visa-free entries as a substitute for long-term residence. A typical tourist visit, he explained, usually lasts no more than 10 days, while Thailand Visa-Exemption scheme allows a maximum of 60 days, extendable for another 30 days, totalling 90 days. However the practice of leaving the country briefly and returning on a new 60-day Visa Exemption commonly called a Visa Run has been has allowed some foreigners to remain in Thailand for 150 days or more in a single sequence. This he said is now considered abnormal.” That is an important policy paradigm shift. I'm going to repeat that: “This he said is now considered abnormal.” So attempting to spend even legally basically, you're doing it correctly, I would liken this attitude toward carousel visas that is inherent to USCBP in the United States, where somebody will use oftentimes a multi-entry Tourist Visa, which US Customs Border Protection just routinely gives 6-months stamps on those. They don't have to by the way, it's just what they do because it's easier to turn the crank if you will on the date stamp, but they routinely give six-month stamps on those. People think "Oh, tee hee, I can just go to Canada for 3 days and come back and get another 6 months," - yeah they don't like that and I would argue that is a similar policy to, the policy sort of against carousel Tourist Visas in the United States, is similar to the paradigm being undertaken here in Thailand by Immigration Authorities regarding this 150 days thing. 

Now I know there are those that get mad at me about this with regard to the DTV, but I'm saying it because I genuinely think that there are going to be issues with the DTV. Also, and I think I have made this somewhat clear, on a personal level I don't think DTV is good policy, both for Thailand and for the foreigners using it. It's a nebulous visa; it makes no sense; it's not overtly work authorized; it held all this promise to the people who bought into it and really didn't deliver. It's sort of the worst of all worlds. It's kind of capricious; now I'm hearing a lot of things about different embassies doing different things. The point I'm trying to make is don't be shocked if this 150-day analysis you start seeing people with DTVs getting pulled over if you will and sort of asked with regard to what they are doing in Thailand etc. Again, the DTV was not intended to live here, and these policies have a tendency to bleed broadly out into the broad immigration system sort of like the way Trump's travel ban, the so-called “Muslim ban” in his first term, everybody said, "oh it's limited to this half a dozen countries", or whatever it was. I said at the time "hey that has broader implications." Guess what? It did. 

I think this major paradigm shift regarding being in Thailand for 150 days and I know there are those that have said, "well DTV is an actual Visa." Yeah, it was only created by Ministry of Foreign Affairs. Interior never had a say in that. Interior has its own policy objectives and there's a disconnect there. There is going to be ramifications in the DTV slot as well as just for the standard Visa Exemption and Tourist Visa travellers. I think it's very important to point that out because these things have a tendency to grow over time, as anybody that has followed immigration for longer than 5 years can tell you, it doesn't tend to get easier; it tends to get harder. Now you could argue the DTV sort of operated to the exception of that. Well ask somebody who is in Thailand on a DTV who is trying to get a Bank Account how well that's worked out, because that wasn't the experience most of those folks were expecting in coming here on a DTV. So that's my only point with that. But the key point here is they are serious about considering this 150 days at a stretch in no other ostensible status as being abnormal. Quoting further: "Multiple entries on Visa Runs resulting in a total visit of 150 days are considered abnormal." Again, that could have ramifications with respect to DTV long term too, and again, what he said, he's talking in generalities here. "Multiple entries or Visa Runs resulting in a total of 150 days are considered abnormal." I can see that paradigm kind of being inherent for a while regarding anything that's not a Non-immigrant Visa. Somebody put up something the other day that said, "oh, the DTV is a standard visa." It's not a Non-immigrant Visa; it's just this really long Tourist Visa created by the Ministry of Foreign Affairs and foisted upon Interior. There's internal bureaucratic conflict that's going to result from that. 

Again, quoting further: "We are now intensifying our enforcement. Stays exceeding 150 days or more than two entries must be screened to determine their exact purpose." This is my point. It may not be that they are going to turn either Exempt folks away, Tourist Visa holders away, or even DTVs. They are going to do heightened scrutiny. So people in any of these categories, I think you can all expect that you are going to especially where you are trying to live here in any of these categories, because none of these visas were created to live in Thailand. I can see there being heightened scrutiny on all of this stuff once you go over half a year here. Again, remember, when DTV was created, the presumption was it wasn't supposed to be for people to live here. It was a travel document that made it easy to travel the region and be a nomad in this sort of the “ASEAN area” if you will. That said, quoting further: "Col. Kriangkrai said." Quoting further: "He added that visitors who failed screening may be refused entry at the airport or, if later caught working illegally, arrested, prosecuted, have their visa revoked and be deported and blacklisted." That's another big one. They are going after work authorization violations with increasing fervour. They really are upset about that stuff. They don't like people coming in here and abusing their visas. As I have discussed in other videos, DTV is not work authorized for Thailand. As we have discussed, Interior Ministry made that announcement some months ago. Anything that impinges on the Thai economy, you are working illegally here. Bear that in mind. Any other type of folks: Visa extension holders, Tourist Visa holders, same deal. Non-immigrant Business Visas with Work Permits are sort of the standard way of dealing with that. Again, you may be able to get a Business Visa on a Marriage Visa as well. I've done videos made contemporaneously with this one discussing Work Permits on different types of visas. 

That being said, the thing to take away from this video is yeah there has been a paradigm shift. We now have more defined parameters spelled out for us. If you're going to be in Thailand for 150 days or more in a given year, I think you are very, very, well advised to seriously consider Non-immigrant Visa status if you otherwise qualify. I get it, if you don't otherwise qualify for a Non-immigrant Visa, you may not have the choice or the luxury of using that type of Visa. So where you have the option to do it, you are going to be way better off I think long term than those people who have to deal with heightened scrutiny if they may spend more than 150 days here in the Kingdom of Thailand.