The rules and regulation regarding Thai visa obtainment can be byzantine at the best of times. The reason for this complexity is due to the fact that the rules have been constantly in a state of flux for years. This situation can cause many foreigners in Thailand a great deal of consternation.
The first aspect of Thai Immigration procedure that throws many people off is the fact that there seem to be competing rules and regulations that are in operation contemporaneously. This is due to the fact that two government agencies have been deputized with the authority to monitor immigration into the Kingdom of Thailand. The Thai Ministry of Foreign Affairs has authority over the issuance of Thai visas and travel documents at Thai diplomatic and consular posts outside of the Kingdom of Thailand.
The section of the Thai Police Department known as the Royal Thai Immigration Police is a special branch which operates semi-independently of the regular police department. This agency has a mandate to supervise the entrance and exit of Immigrants, non-immigrants, and Permanent residents in Thailand.
Both of these government offices have different criteria for adjudicating a foreign national's immigration status. The Embassies and Consulates under the jurisdiction of the Ministry of Foreign Affairs are permitted wide latitude in determining whether an applicant should be issued a Thai visa. Further, these posts are only permitted to issue visas for a limited period of validity (usually one year is the maximum that these posts may issue visas for).
Royal Thai Immigration has a category system for compartmentalizing the different types of foreigners present in the Kingdom of Thailand. Foreign nationals from select countries are allowed to enter Thailand without obtaining a visa. These foreigners are staying in Thailand based upon an exemption to the normal visa rules. Changing one's Thai visa status while present on an exemption can be difficult. Foreigners from some countries are extended the privilege of being able to apply for a visa on arrival. This means that the foreigner can travel to Thailand without a visa, but they will need to have a visa approved before they may pass through the Thai immigration checkpoint.
Thai Immigration officers make decisions whether or not to permit foreigners to extend their stay in the Kingdom of Thailand. If approved, the applicant's visa status is extended and the foreigner may remain for the period of time that the immigration office dictates. On each 90 day anniversary of a foreigner's entrance into the Kingdom of Thailand the foreigner must update the Thai Immigration office regarding their current place of residence. Failure to keep the Immigration office updated could result in fines and penalties for the foreign national.
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Benjamin Hart is an attorney licensed in the USA. He is working for Integrity Legal (Thailand) Co. Ltd. For more on this and other legal issues please contact 1-877-231-7533 or info@integrity-legal.com. See them on the net at
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