New Visa Regulations – How Does It Affect Me



New Visa Regulations

Foreigners are required by Thai Immigration law to initially enter the Kingdom on a visa if they wish to stay long term in Thailand. This can be a visa (tourist visa for 60 days or non-immigrant visa for 90 days) issued by a Thai Embassy or Consulate outside of Thailand. Alternatively, they can obtain a temporary stay with under the Visa Exemption Rule (VER) which Thai Immigration law allows citizens of 41 countries the permission to enter the Kingdom for a limited period of time (up to 30 days depending on the nationality). This is commonly referred to as a 30 day stamp.

Specifically for the Visa Exemption Rule (VER), under the new rules the foreigner will be permitted to stay not more than three periods of thirty days in a six month period. For example, you will be permitted three consecutive entries under VER for thirty days each (30+30+30) in this six month period. Those with the visa issued by the Thai Embassy or Consulate are not affected by this VER time requirement.

The Thai government amended the Immigration rules which took effect on October 1, 2006. The purpose of the change was twofold; First to increase security for Kingdom by requiring foreigners to follow strict guidelines for their stay in Thailand. Secondly, to ensure foreigners who work in the Kingdom to obtain the proper work permit and are paying tax due to the government.

After you arrive in Thailand, you may request for additional time for your stay from Thai Immigration. This is called an “extension of stay.” Typically, a short term extension of stay is granted up to 30 days for Tourist Visa and 7 days for Non-Immigrant Visa. Many people who come to Thailand desire a long term extension of stay. They may apply for an extension of stay for one year. However, their extension of stay must be for one of the following purposes: Business, Education, Marriage or Retirement. If you hold a tourist visa, you must first convert to a non-immigrant status before the long term extension of stay. I will explain in detail the requirements for each class for those who are applying for the first time after October 1, 2006:

MARRIAGE

- Married to Thai national

- Income as couple is 40,000 THB

- Marriage Certificate

- Spouse ID card & Household Reg.

What’s New? - 1) 400,000 THB in Bank is no longer in effect, 2) Income can now include your Thai spouse’s income.

Note: Applicant’s income is verified by your Embassy. Income may include salaries, pension, rental income, dividends or interest income.

RETIREMENT

- 50 years or older

- Pension of 65,000 THB or

- 800,000 THB in Thai bank 3 months, or

- Combination of pension & bank account

Example of monthly pension of 40,000 THB

You will need 320,000 in the Thai Bank for 3 months

bank account  + (pension x 12)  = 800,000

320,000           +  480,000        = 800,000

What’s new? – 1) Must show 800,000 THB in bank for 3 months, 2) Medical certificate is no longer required.

Note: Pension is verified at your Embassy.

BUSINESS

- must have 4 Thai employees

- show valid work permit

- registered capital of 2M THB

- balance sheet of 1M THB

- meet minimum salary rate

What’s new? – 1) Audited balance sheet, 2) Minimum 1M THB equity, 3) new lower salary requirement.

EDUCATION

- Student in school

- School must be certified, or

- International school

PARENT OF STUDENT

- Mother/Father of Child

- Child under 20 years old

- Child has ED visa

- 500,000 THB in Thai bank 3 months

What’s new? – Must show 500,000 THB in bank for 3 months

If you do not meet any of the requirements above and desire to stay long term in Thailand there is still hope. You can apply for a multiple entry visa in your home country at Thai Embassy or Consulate. Siam Legal assists many clients in UK, Europe and America for application for a One Year Visa. This type of visa is a non-immigrant visa with multiple entries permitted into the Kingdom.

Property buyers will be interested in a new program by the Thailand Long Stay Company which is starting in Samui and will soon follow in Phuket, Bangkok, and Hua Hin. The program will offer property buyers the right of a perpetual lease for their land and it will include the option for a one year visa to be renewed annually. This program is backed and 30 percent owned by the Tourism Authority of Thailand (TAT).

Should you have any questions about visa, business or property matters, you can contact us via our website siam- with our Live Chat representatives available 24 hours a day x 7 days a week.

Dennis P. Ramm

President

Siam Legal

Hua Hin 032-526-287 Market Village

Hua Hin 032-532-829 at Siam Property

Bangkok 02-661-1362 at 45 Sukhumvit Soi 24

BUYING PROPERTY? -

FIVE IMPORTANT POINTS

1. Do a Title Search – Find out if the seller really owns the land and if there are restrictions for building your house.

2. Due Diligence – Check the history of the seller; do they finish building on time? Do they have any pending lawsuits against them? What is their track record?

3. Review the Contracts – Do you really want to sign a contract prepared by a Seller without a legal opinion? Think about it – the Seller will write the contract in his favor and leave you with little protection should something go wrong.

4. Realistic Payments – Don’t pay more than 25 percent down in the beginning for new construction. Made progressive payments as the building is constructed.

5. Legal Structure – How will you acquire this property? Lease or freehold? Contact a property lawyer to find out the best structure of ownership.

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