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Immmigratiom officers to have 'absolute discretion' on repeated entries

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From Pattaya Mail

By Barry Kenyon

An interview between the Bangkok Post and a deputy director general of the foreign affairs ministry has clarified some visa ambiguities but left others to immigration discretion. The actual recording is, according to the newspaper, available only by downloading the digital web player Spotify. Naruchai Ninnad, representing the ministry, emphasized that the new policies were designed to increase foreign tourism, in accordance with the prime minister’s desire to benefit the economy.

Khun Naruchai clarified that tourists from 93 countries receiving the visa-exempt 60 days on entry could indeed extend for a further 30 days at local immigration. They could then, if they wished, leave the country and return the following (not the same) day to obtain a new 60 days and repeat the whole procedure. This has implications for the celebrated, single-day border runs which have traditionally operated through agencies in Bangkok and the provinces. If implemented fully, repeat if, these tourists would need to pay for a night’s accommodation in a foreign country, thus raising costs.

The deputy director general emphasized the number of repeatable visa exempts will depend on individual immigration officers who have absolute discretion. Accordingly, it appears that tourists could still be challenged with the cry “you come to Thailand too often without a visa”. The interview also clarified that if visa-exempt tourists wanted to do ad hoc work – lasting fewer than 15 days – they needed to inform the immigration officer on entry or report to the employment ministry soon afterwards.

Turning to the new Destination Visa Thailand, available only at foreign embassies or via the e-portal of the foreign affairs ministry, Khun Naruchai emphasized that the main target group were digital nomads and remote workers employed by overseas companies. But applications are also welcome from “activity” based tourists, assuming they have suitable documentary evidence such as enrolment for Thai boxing or cookery classes. Or even as hospital patients. Another surprising category is “music festivals” though precisely what evidence and updates would be required for any of the above remains blurry. These matters are presumably for the discretion of the immigration officer on entry throughout the multiple-entry five years validity of the DTV.

Expats with one year extensions of stay based on marriage or retirement or the Elite visa are virtually ignored in the latest set of changes. It will probably be many months before the visa exempt and DTV ambiguities begin to clear up, so expats are probably safer to stick with what they have. Separately, any foreigner (with any visa or no visa at all) now residing in Thailand for 180 days or more in a calendar year is subject to taxation on “assessable” overseas income with many details yet to be unfolded. There is no elephant in the room. There are several.

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The practice of "absolute discretion" has from time to time has left internal air arrivals--particularly those from neighboring countries--with little alternative than returning to their home nation and starting their journey over again by land. Examples have been posted in the forum.

That said, the 60-day visa exemption is a boon to the guys we've come to know who work in the venues we visit in Bangkok and elsewhere.

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4 hours ago, reader said:

The practice of "absolute discretion" has from time to time has left internal air arrivals--particularly those from neighboring countries--with little alternative than returning to their home nation and starting their journey over again by land. Examples have been posted in the forum.

Just realized that AI changed "international" to "internal." My fault for not rereading third time before posting.

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8 hours ago, macaroni21 said:

Not sure I understand. Why would refusal of entry disproportionately affect international air arrivals from neighboring countries, and why would these travellers start their journey all over again by land?

When ASEAN nationals without a work permit arrive in Thailand by air, Immigrations will want to see proof that they have a ticket out by the end of the specified visa exempt period. If they don't, they can be refused entry if passport shows many consecutive previous visa exempt entries. The decision has always been at the discretion of the immigration officer.

When the same individuals return to Thailand via land border, they are routinely admitted for another visa exempt period. Thus the term "border run" was popularized.

Technically, any foreigner is subject to the same rules when entering Thailand by air. Last year when I flew to Vietnam for five days and then returned to BKK, the immigration officer asked my how long I intended to stay in the country. I told her 11 days and she issued me another 30-day exemption.

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On 7/29/2024 at 9:45 AM, reader said:

When ASEAN nationals without a work permit arrive in Thailand by air, Immigrations will want to see proof that they have a ticket out by the end of the specified visa exempt period. If they don't, they can be refused entry if passport shows many consecutive previous visa exempt entries. The decision has always been at the discretion of the immigration officer.

 

Thousands of visitors from Asean countries fly into Thailand everyday for leisure, travel and business and I've never heard of anyone being asked to show a ticket out of Thailand upon entry although having a return ticket may be an airline requirement at the point of departure. In 20+ years of travelling to Thailand I've never been asked to show a flight ticket out of the country upon arrival. There may have been exceptions if the immigration officer in attendance suspected the visitor may have been abusing the social-exemption pass for reasons other than genuine travel and short-term business. And this applies at land borders too.

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4 hours ago, mauRICE said:

Thousands of visitors from Asean countries fly into Thailand everyday for leisure, travel and business and I've never heard of anyone being asked to show a ticket out of Thailand upon entry although having a return ticket may be an airline requirement at the point of departure. In 20+ years of travelling to Thailand I've never been asked to show a flight ticket out of the country upon arrival. There may have been exceptions if the immigration officer in attendance suspected the visitor may have been abusing the social-exemption pass for reasons other than genuine travel and short-term business. And this applies at land borders too.

Yes, usually, it will be asked during point of departure, if you did not book a return ticket with the same airline. At arrival, immigration officer can ask for your purpose of travel and if he deem that you might not tell the truth, he can deny entry. This can include asking for hotel bookings, itinerary/plan for tourist attraction visits, proof of adequate funding. I havent had issue before myself but a travel companion were stopped before because he has too many land border run stamps. 

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Those from Cambodia, Laos, Vietnam and Myanmar receive closer scrutiny because they are more likely to be working working without permit.

If you have a round trip ticket, immigration is already aware based on information provided by your carrier, as mentioned above.

More than 100 vans and buses daily carry individuals from metro Bangkok to Cambodia and back where the are usually readmitted if they have no history of overstaying their visa exempt status.

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I have a first-hand report that foreigners re-entering Thailand from Cambodia land border received 60-day visa exemption. However, the all-inclusive cost of the transportation services that facilitate the process has increased by 500 baht. There doesn't seem to be any complaints.

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The introduction of the 60 day visa exemption should substantially reduce the visa run traffic and also the need for tourists wanting to stay a couple of months to apply for the 2 month tourist visa, which I used to do for my longer stays. This should increase the number of gay tourists who are currently much less in evidence compared with times gone by.

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