Doing Business in Thailand

TERMS

SPECIFICS

REMARKS

Type of Visa or Visa Class: Thailand has many types of visas and each main type has each own sub-categories. The three main classes are

Immigrant Visa: Non-Quota Immigrant: This category includes, inter alia, former residents who have lost resident status, but who have reapplied to resume their residency, members of the diplomatic or consular corps, aliens performing duties with the approval of the Thai government, heads of international organizations or agencies operating in Thailand as well as dependents of all the aforementioned persons.

Non-Immigrant Visa: for foreigner looking for prolonged stay, or coming to work or invest in Thailand, There are several categories of Non-Immigrant visas which include, among others, business visa category (B); dependent visa category (O); investment subject to the provisions of the laws on investment promotion category (BOI IB); diplomatic and consular visa category (D); performance of duties with the mass media category (M); performance of skilled or expert work category (EX); investment (with concurrence of ministries and departments concerned) and capital investment category (IM); and study or observation category (ED).

Other Visas: Visa Exemption, Tourist Visa, Visa on Arrival

The main categories are then broken down in several sub types  Non Immigrant visas are  divided in several sub-types.

For example the Visa O retiree, married, investment. Then certain types of Visa will not have the same effect.

For example a foreign citizen coming to study in Thailand with a Thai University for example will receive a 1 year extension of his visa. The same foreign citizen learning Thai with a language school will receive only 3 months extension at a time

None of the Thai visas grant the holder the right to work. In order to work in Thailand you need either:

(1) to have a work permit or

(2) to have been granted the permission by the labor department to work for 15 days for an urgent work, or

(3) to have a visa B and be a director of a company that have been granted a BOI promotion.

If you are not in one of those situation you may not legally work in Thailand

Abusing your visa type may result in getting you in a lot of trouble. For example working while staying in Thailand with a tourist visa may cause you to be arrested, fined, deported and even blacklisted

Note that the immigration official at the point of entry has the power to refuse the entry to a foreign citizen with a valid visa on suspicion that says person is abusing his/her visa. For example coming into Thailand for more than one year on successive tourist visas. I mean no one needs one year to visit Thailand

Change of visa type: If a person enter Thailand with a visa granted for a purpose and want to change the purpose of stay the right way to do it is either

(1) to apply for a change of type of visa with immigration or

(2) to leave Thailand and to apply for a new type of visa with a Thai Embassy

Multi or Single Entries. It is a mention on your passport that signify whether your visa is for a single entry or whether you can enter Thailand several times on the same visa

Multi Entries are rarely granted now. But you should always ask in your application for a multi –entry. You might get lucky

A multi entry means that you can enter Thailand as many times as you want during the period of validity of your visa

Tip on how to use a multi entry: If for example you have a one year multi entry B visa for which validity period end up on the 31 October 2009 and which allow you period of stay of 90 days at a time. If you leave and re-enter Thailand before the date of expiration of the validity of your visa for example on the 30 October you will get another period of 90 days. In other word a one year B visa used smartly will allow you a 15 months stay in Thailand  per period of 90 days

The multi entries non-immigrant visa B or O are inexactly referred to by their holder as “One Year Visa”.

This is incorrect. A one year visa is the extension of a non –immigrant visa granted by the Thai immigration that allows the beneficiary an uninterrupted stay of 1 year from the date of first entrance on the visa which extension is required

Passport Stamp: a rubber stamp inked impression affixed by the immigration official at the port or border of entry in the passport of any person entering or exiting Thailand for immigration control procedure.

Thailand has both entry and departure stamps.

Thailand entry stamps are of a rectangular form

Thailand exit stamps are of a triangular form

Entry Stamp: The passport stamp affixed by the immigration officer when you enter Thailand. The Entry stamp contains the following information:

-   Port/point of entry

-   Visa class

-   Date of entry

-   Duration of Stay

-   Signature of the immigration official

The stamp activates a new authorized period of stay into the Kingdom which period is defined by the class of the visa.

The duration of stay is the period during which you are allowed to stay in Thailand. The entry stamp indicate the last day of the period of stay. If you do not leave Thailand, or do not apply for an extension of your visa to the latest  on the last day of the duration of stay on your entry stamp you will be in overstay.

Period of stay or duration of stay is different from the visa validity period which indicates until when you can use a visa to enter Thailand.

WARNING: It might happen that the immigration officer miscalculates the duration of your stay when filling your entrance stamp and enters an incorrect date of departure on your passport.

For example, you enter Thailand on the first of the month, you are entitled to a 30-day period but the officer will enter the 20^th of the month as your departure date.

If this ever happens to you please DO NOT ALTER OR CORRECT THE VISA STAMP.Go directly to the closest immigration office and ask an immigration officer to correct the date of departure.

To alter or correct a visa is a very serious criminal offence and one that is not taken lightly by Thai authorities. There is no way out of this one.