Visas for staying in Thailand
Updated and correct: November 2008
Everyone wants to come and live in Thailand these days, it's comfortable, cheap and an enchanting place which is attracting an increasing amount of foreigners. It's also relatively easy to enter the Kingdom and continue staying indefinitely. The locals aren't fussed but the immigration department have become increasingly sticky about applying the rules. They are generally regarded as bureaucratic, and aren’t immune to suggesting underhand gratuity. They can, and do, give you the run around, so pay attention to your options.
In general, the government is more interested in attracting 'monied' foreigners, rather than foreigner dropouts who tend to swell the ranks of ex-pats here. Everyone is welcome provided you have a good excuse to stay here or a generous monthly income to live off.
The following are the common and accepted ways,(as at November 2007).
- Tourist visas
- Non-immigrant visas
- Work Permits
- Spousal visas
- Retirement visas
- Permanent residence
- Business owner
30 day visas
These are issued for free to most nationalities upon entry to the Kingdom and can be extended once, for 10 days, by visiting your nearest immigration department before the expiry date. The fee for this extension is 1,900 baht. Overstay fines are 500 baht per day and can jeopardise your future applications. Every time you leave and re-enter Thailand at any border post, a new 30 day visa is issued, no matter how short your exit stay is. In mid 2006, a new directive was issued permitting only a maximum stay of 90 consecutive days (ie two renewals) on a tourist visa, after which you have to leave the kingdom. This can be resolved by applying for a 60 day tourist visa at a neighbouring consulate, and starting over. Furthermore, those leaving and re-entering Thailand on the same day are usually asked to show proof of at least 10,000 baht in a local bank account or cash.
60 day tourist visas
These are issued by Thailand Embassies abroad for a variable fee (about $15/£10) and can be collected on-the-spot. Once in the Kingdom you may renew this visa for a further 30 days at your nearest immigration department before the expiry date. The fee for this extension is 1,900 baht.
Visa runs
For many in Chiang Mai, the 30 day visa is all they bother with, for the paperwork necessary for a non-immigration visa is sometimes problematic. Fortunately, the Myanmar border is only a three-hour drive away and many conduct a monthly 'visa run' to the Mae Sai border north of Chiang Rai. Some have continued this routine for a year or more. From September 2004 onwards the immigration officials have been asking to see proof of at least 10,000 baht for each 30 days you intend to stay, this would have to be in hard cash or shown in a Thai bank account book. Read about doing a visa run.
Non-immigrant visas
This is the most popular and realistic way of remaining long term in Chiang Mai. With a Non-immigrant visa you can remain in Thailand for up to three months at a time and this can usually be extended several times, theoretically allowing you the right to stay here for up to a year. Typically you could apply for one of these in order to study full-time, take up a job, investigate starting a business, and a number of more obscure excuses. In each instance you need a plausible excuse with verifiable paperwork to apply. If you have a letter from a prospective employer the immigration authorities may issue you a single entry visa, advising you to up-grade to a work permit. Obviously a single entry visa will last no more than three months. Make sure you get a multiple entry visa (which costs more).
There are several types of non-immigrant visas, the most common include;
Type B: for conducting business or employment.
Type M: for journalists accredited as press representatives.
Type O: if you are a taking care of dependent or are retired (over 55).
IM: investors who meet the Board of Investment requirements.
ED: education study or observation.
If you're after a non-immigrant B visa, allowing you to stay for three months and renew for a further three months (twice more), you need to go to the nearest Thai consulate. If you are already in Thailand, then the nearest ones are;
Vientiane, Laos - which is notoriously slow and you often need to bribe your way to the front of the queue. Penang, Malaysia - is so fed up with visa-runners that you'd better make sure you have all your paper work in order to avoid a run around. Rangoon, Myanmar (Burma) - which isn't a popular option, though most people we've heard of going there have had few problems. Phnom Penh is the closest to Bangkok, but they too are jaded by the many 'visa application runners' from Bangkok and aren't co-operative.
The elusive multiple-entry Non-Imm visa
The multiple entry visa is the most desirable since it theoretically allows you to remain in Thailand for a full 12 months, with two ‘visa runs’ to the nearest border. However, getting a multiple entry is not that easy. Since a single entry visa is adequate for most applicants who genuinely intend to follow through on getting the right paperwork, embassies and consulates near Thailand see no reason to issue multis. In fact you’ll be lucky to find one anywhere in Southeast or South Asia who will happily stamp ‘multiple’ in your passport, and nowadays you have to return to Europe, Australia or the US to get this type of non-imm visa. Even then some have difficulty, such as in London, whereas the consulate in Hull happily dishes them out without asking questions. We suggest you study online forums such as thaivisa.com first before making your trip, to avoid disappointment.
Although there are laws in place and the Thai immigration get tired of all the foreigners invading their city, money lines pockets easily in Thailand and the system is completely porous to those who don't mind entering into 'the system'. We don't encourage it, if your intentions here are genuine, then there are legitimate options open to you.
Visa services
There are many companies offering to help you secure a long-stay visa or work permit (by means fair or foul) and often it's worth paying the fee (about 20,000 baht) to let them 'get on with it'. As we have experienced ourselves, even an honest and legitimate attempt to secure a work permit through the correct channels can be frustrated by unreasonable obstacles (read: 'bribe me'), and these visa services usually know who the right people are to 'buy bottles of whisky' for, saving you the red tape chase.
Work permits
This is first prize for those wishing to stay here long-term, as it doesn't require frequent renewing, nor hefty financial stipulations, but the red tape run around is incredible. Naturally you have to have a job offer from a company that meets the stipulated criteria for employing foreigners. There also has to be a plausible excuse why they can't hire a Thai for the job. It is the company's responsibility to apply, and at least 15 documents (including detailed statements about the company's position) are required, along with a fee and a health certificate from you. This can take up to two months and you need to be in possession of a non-immigrant B visa. Incredibly, once the work permit is issued, you then have to carry out the whole rigmarole again to satisfy the Immigration department before they will give you a one-year visa. In all, the process can take several months and cost more than 10,000 baht in various fees. There are also hefty stipulated minimum salaries set (scaled according to your nationality) in order to qualify.
Because of this, some companies, particularly language schools, are reluctant to offer permanent jobs, complete with work permit (besides, there need to be four Thai employees for each foreigner), and many employees have to resort to three-monthly visa runs, which are widely undertaken.
Be aware that once you have a work permit you will still be fleeced of 1000 baht for a re-entry permit every time you leave the country.
Retirement visas
People over the age of 55 wishing to stay here may apply for a retirement visa, but they need to prove they have sufficient money to remain here. According to the Immigration department this is 40,000 baht per month (on which you can live very comfortably here). You will also have to show at least 400,000 baht in your bank account, but they usually only check this once a year.
Permanent residence
This is granted to people who have been living here for more than five years or have a wife and family to support, however the one-off fee of 195,000 baht (95,000 baht if you’re married to a Thai) is rather ridiculous and renders this option largely unreasonable to most. In addition, you have to show you have an income of at least 40,000 baht per month and a bank balance of 400,000 baht, not to mention a mountain of paper work. It does however save you the ongoing hassle of renewing your work permit of spousal visa each year - which isn't straightforward we might add. However only a few are given out per year.
Spousal visa:
This is actually a Non-immigrant Type O visa, granted to foreigners married to Thais who are considered their dependents (and perhaps with children to support). Firstly you will need to go abroad and get a non-immigrant visa showing your marriage certificate. Upon returning you then have to undertake the usual paper chase to provide all sorts of documents, and attend an interview where they suspiciously grill you to see if you are a genuine couple. As with the retirement visa you need to prove you have 400,000 baht in the bank or a monthly income of 40,000 baht to support your spouse. At present Thai law does not, under any circumstances, extend citizenship to foreigners married to Thais. Some foreigners have lived here for 30 years or more, renewing their type O visa year after year and never enjoying equal rights with their spouse. Remarkably the law also applied unequally to women married to Thai men, who enjoy more favourable rights.
Business owner
As a business owner, you have the right to secure a work permit or 1 year, renewable non-immigrant B visa. Quite a few foreigners choose this option if they are serious and have the money required. Thai law states that a company cannot have more than 49 per cent foreign ownership. Furthermore, the founding charter must bear the signatures of seven directors: these can be of any nationality as long as the share agreement places the majority of ownership in Thai hands. The benefits of a company are that it can own property (land) and it overcomes several of the obstacles concerning rights of foreigners here. However, you need to find a trusting partner and for many this is usually a Thai wife or husband. Strangely, foreign women married to Thai men enjoy more rights than their male counterparts. Since mid-2006, the government has been rigorously scrutinising foreign owned companies trying to buy land. Amendments to the Foreign Business Law have also been tabled, further restricting the loopholes previously abused in this regard. Business that don’t seem to conduct real business are vetted closely, and this avenue has become unrealistic in recent years. Furthermore, you have to make large investments under Board of Investment status to really gain the benefit of getting the right visa.
Several companies around town specialise in setting up companies. The main stipulation is a minimum capitalisation of two million baht, although this is only 'on paper' and there are ways to afford yourself a one year grace period to meet this financial entry qualification. For every two million baht capital and four Thai employees, your company may employ one foreigner, provided you have a good excuse. The paperwork for securing the work permit and accompanying visa is quite daunting, so arm yourself with patience and a good accountant who knows who to 'speak to' in the manpower department.
- Living in Chiang Mai
- Basic costs of living in Chiang Mai
- How to get a Thai drivers license in Chiang Mai
Updated and correct: November 2008
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