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5 Thai Visa Misconceptions

Transcript of the above video:

As the title of this video suggests, we are discussing what I deem Thai Visa misconceptions. It is not so bad anymore but there was a time especially, I have been out here for going on 14, 15 years, and when I first came here there was a lot more that was just sort of out in the ether. People would read a lot of things on forums that was oftentimes bogus information or outdated information; or it was information about one province that didn't apply to another province. For the most part I think a lot of the info now, it is getting better, let's put it that way, but there still seems to be some general misconceptions about Thai Visas and Immigration in a general context. 

The first one that I see a lot, a Yellow House Book. A lot of folks think a Yellow House book means they don't have to deal with for example TM 30 which TM 30 has to do with address reporting to Thai Immigration. This was really a bone of contention a couple of years ago; folks really did not like discussing TM 30. They have since rolled TM 30 back insofar as it really is only required once and then once a year usually when people are extending their visas. TM 30 is still a requirement under the Immigration Act of '79 and a Yellow House Book doesn't have anything to do with it because the yellow house book has to do with the Civil Registrar under the Civil Registration Act; it doesn't have anything to do with the Immigration Act. So TM 30's requirement is under the Immigration Act, a Yellow House Book does not mitigate or cancel the need for that requirement. The same thing goes for 90-day reporting. Yellow House Books do not have any impact on one's need to do 90-day reporting. This is a misconception I sometimes see from folks and it is just one that is out there. I see why because thinking is: "Look, I am in the house book. The Government knows where I am. Why would I need to continue reporting?" Well they do know where you are under the Civil Registrar system but Immigration is a different system and they are covered by a different Act and that Act doesn't say anything about Yellow House books.  

A more recent misconception I have seen from people is that a re-entry permit is just as good as, or the same as what is called a Certificate of Entry. For those who are unaware, since the Emergency Decree was promulgated in March of 2020 in response to the COVID-19 situation we have more and more been dealing with these things called Certificates of Entry which were created under the Act. Essentially it is an extra document associated, and it is actually an extra authorization that comes directly from Ministry of Foreign Affairs here in Thailand that authorizes someone to enter the country. This is a different document from one's re-entry permit and if one has a visa extension that they have a reentry permit attached to, they still need to have a re-entry permit to keep that extension going when they depart the Kingdom but in order to come back there is currently, during this Emergency Decree, they are going to have to deal with the Certificate of Entry. 

Another misconception is that there is only one type of Retirement Visa. Every now and again I will see people get into I hesitate to call it an argument but discussions where they say "well I have got an O Retirement Visa; that is the Retirement Visa"; and another person will say "Well I have an O-A retirement Visa; that is the Retirement Visa." In point of fact, there is even another one which is the O-X Retirement Visa which is a Retirement Visa category. So there are multiple Retirement Visa categories out there. Another thing to think of, some folks view the Thailand Elite Visa in lieu of a Retirement Visa as if it were a Retirement Visa, sort of in the same manner they might use a Retirement Visa. 

Then finally there are just all kinds of misconceptions regarding work authorization lately that I have seen. Most notable I have had some people ask me about working on a Retirement Visa; it strictly speaking is prohibited. There are all kinds of ways folks want to try and go around that. I do understand as a practical matter. Work authorization or working in one's garden or something, I get it; there is clearly a difference between work and "work". If you are fixing your television, is that work? Well probably not. But yeah Thai Immigration Authorities and Labour Department take a rather strict interpretation of restrictions associated with non-work authorized Visas. So those who do engage especially in a more flamboyant manner what could be defined as work, do run the risk of running into problems with respect to their visa status here in the Kingdom of Thailand.