Buriram Times

End Of Visa Amnesty May Spell Uncertainty For Some Expats In Thailand

  • By: Buriram Times
  • Date: 16th August 2020
  • Time to read: 4 min.

penang-non-b-visa.jpg

Last month the Thai government confirmed it would extend the visa amnesty for foreigners in Thailand from 31 July to 26 September.

A welcomed move, the extension meant that any tourists who had been stranded in Thailand due to the COVID-19 pandemic had sufficient time to make plans to return to their home countries or should they meet the requirements, switch to an alternative “visa” allowing them to extend their stay in Thailand.

For long term expats, Immigraiton also advised them to get up to date with the 90 day reporting and those who need to renew their extensions of stay based on marriage, retirement or a parent to a Thai child were advised to renew as soon as possible.

However, there is another group of expats for which the end of the visa amnesty period may still spell some uncertainty.

This concerns those who stay in Thailand on a Non-O multiple entry visa. These are obtained from a Thai embassy or consulate overseas.

The Thai Consulates in Ho Chi Minh City, Penang and Savannakhet are popular with applicants of this particular visa type.

Savannakhet, for example, is a little more relaxed when it comes to the documentation it requires foreigners to submit and doesn’t typically ask for proof of finances.

The Non-O multiple entry can be applied for being based on marriage, retirement or being a parent to a Thai child and gives a one year stay in Thailand. It doesn’t require a 90 day report but instead requires the holder to leave the country every 90 days.

Typically those in possession of a Non-O multi entry will do what is known as a ‘border bounce’ – exiting Thailand before returning sometimes immediately – getting stamped back into the country to reactivate the next 90 day stay.

There are a number of reasons why someone would choose to obtain a Non-O multi entry, with the visa type popular with those who for example are married to a Thai but travel in and out of Thailand frequently, it saves having to pay for and the hassle of re-entry permits.

Non-O multi entry are also used by those who prefer not to keep 400,000 baht in a Thai bank account needed for a typical marriage extension, which are obtained from an immigration office within Thailand, as well as with those who perhaps do not quite meet the financial requirements of that extension (see the loophole at Savannakhet mentioned above).

Another benefit is that those on a Non-O multi entry based on marriage or being a parent to a Thai child can also have a work permit allowing them to legally work in Thailand.

However, an immigration order effective from 1 August 2020 (unofficial translation below and previously discussed here), states that some of those on a Non-O multi entry may be required to leave Thailand once the visa amnesty ends.

Article 1. The departure from the Kingdom
Aliens being permitted for a temporary stay in the Kingdom under tourist vis, transit-visa, visa on arrival and aliens permitted to stay under an exemption of visa of all types must leave the Kingdom within 26 September 2020,
Unless there is a reasonable necessity or obstacle of the departures, in such case, the aliens may submit an application to extend their temporary stay in the Kingdom under Article 2(1).

(2) Aliens other than prescribed in Clause 1, who wish to file an application to extend their
temporary stay in the Kingdom must provide a proper reason, case by case pursuant to the
order of the Royal Thai Police no. 327/2557 subject: the criteria and conditions of application
to extend the temporary stay in the Kingdom dated 30 June 2014;

In the event the foreigner has already used the initial 60 day extension to visit their wife and cannot qualify for the one year extension, immigration may allow special dispensation to give more than one extension per entry.

  1. In the case where an alien applicant does not meet the full qualifications stipulated by the criteria herein or in other cases not specified in this Order but a competent officer equivalent to or higher than inspector is of the opinion that the alien has legitimate reason for staying in the Kingdom of Thailand, the application shall be forwarded to the Commander of the Royal Thai Police or an authorized competent officer for further consideration of the alien’s application.

For those on a Non-O multi entry married to a Thai or who are a parent to a Thai child who already have 400,000 baht in a Thai bank account they can simply switch over to an extension of stay at their local immigration office.

But for those that don’t qualify for the one year extension, their future beyond 26 September is far from certain.

If travel restrictions remain in place, they may not be able to return to Savankhet, for example, and apply for a new Non O Multi Entry.

Even if they could, if Thailand’s borders remain closed, they wouldn’t be able to return to the country anyway.

If Thailand’s borders are opened by 26 September (which looks unlikely at this moment in time), there could be quarantine requirements for anyone entering, which currently, requires foreigners to quarantine for 14 days, at their own expense and with valid insurance.

If so, it would be expected that Non-O Multi holders would also be subject to those quarantine rules, meaning additional costs and insurance requirements for that individual, further adding to the certainty.

 

(Source: – The Nation)

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