Doing Business in Thailand

On the 11 September 2009, Thai news reported a new crackdown on back-to-back Tourist visa applications under the form of an extended screening of visa applicants. Unfortunately I must say that this latest measure does not surprise me and is only one side of a new policy started by the immigration department around two years ago as part of a “spring house cleaning”.

Basically, Thai authorities have come to the conclusion that part of the foreign citizens living in Thailand have exceeded their welcome period and have decided to get rid of them or at least to make they feel as unwelcome as possible. Those who are saying that yellow and red shirt cannot agree on anything are wrong Pro Taksin or Democrat governments agree on this subject.

What is the issue?

In a nutshell there are foreign citizens who want to stay in Thailand for a longer period but do not qualify for any visas types that allows long stay period to foreign citizens. Those foreign citizens are the one that are doing the visas run by bus to Cambodia and/or Laos, but now that the visas run by land have been reduced to 15 days period of stay only they have been trying to extend the duration of their stay period by applying for tourist visas with various Thai embassies in the region.

What is the purpose of the latest crackdown on tourist visas application?

The latest crackdown simply means that Royal Thai Embassies and Consulates will practice an increased screening of tourist visa applicants. The motivation for the screening is according to the announcement “As there has been a number of visa applicants having entered Thailand via tourist visa and misused it to illegally seek employment during their stay and, upon its expiry, sought to re-apply their tourist visas at the Royal Thai Embassy or the Royal Thai Consulate in neighboring countries, requests for visa renewal by such applicants are subject to rejection as their applications are not based on tourism motive, but to continue their illegal employment, which is unlawful.

How will Thai Embassies do the screening?

Simple, they will consider that visiting Thailand for tourism purpose may only take so much time and will consider that a foreign citizen who is requesting many successive tourist visas may be abusing the system, meaning that he is not applying for a tourist visa for tourism purpose.  Note that the lucky one that will still is able to obtain tourist visas with neighboring consulates or embassies are not yet home. Indeed as I explained in one of my previous visa post, ultimately the power to let a foreign citizen entering Thailand ultimately belongs to the immigration officer at the port of arrival. And that an immigration officer has the power to refuse the entry to a foreign citizen who he believes to be abusing the system even in the case when said citizen has a valid visa delivered by a Thai embassy or consulate.

It is not my place as a foreign citizen to criticize Thai authorities’ immigration policies because in my own countries we have the same immigration issues than they have in Thailand. I’m more concerned by some of the measures taken by the immigration and the labor department’s recently which effect is to make the life of legitimate foreign investors more complicated and will ultimately affect foreign investment in Thailand.

Note: This post is an excerpt of Rene Philippe Dubout next book: “How to Invest Safely Into Thailand” to be published in January 2010

About the Author:

The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.

http//:www.renephilippe.com

© Copyrights 2009 – Rene Philippe Dubout – This article may be reprinted if information about the author, the websites, and the URLs remain intact

Originally posted 2009-09-12 06:32:32.

Related posts:

1. Living in Thailand: Thai Visas: The Tourist Visa
2. Living in Thailand: What you need to know about Thai visas
3. Living in Thailand: Thai Visas: The Education Visa
4. Living in Thailand: What is the Visa Exemption?
5. Living in Thailand: Thai Visas: The Visa “O” Retiree
6. Living in Thailand: Thai Visas: Visa O Family
7. Working In Thailand: Thai Visas: Visas B one year extension
8. Living in Thailand: Thai Visas: The Investment Visa