posted by lawyersofmelbourne.com.au admin on Mar 30
Every year, many people make the decision to travel to the Kingdom of Thailand in order to see the beautiful beaches, nightlife and exotic scenery. For some, the trip is short, but for others a long term vacation awaits. If one wishes to remain in the Kingdom of Thailand for a continuous period of more than 15 to 30 days, a Thai visa is likely required to maintain lawful status. Those who apply for long term Thai visas are initially dismayed at some of the notations on their visa.
For example, some visas to Thailand are stamped with a notation which states: “Employment Prohibited.” Dismay is had because the visa holder believes this means that they cannot receive employment authorization at any time. In reality, this simply means that employment is not authorized based solely upon this travel document. The Thai authorities view the right to work in Thailand and the right to remain in Thailand as two separate entitlements. Much like a United States business visa (B-1), the bearer is simply entitled to travel and ask for permission to enter the country for business related purposes which do not constitute employment in the USA. This same issue is often experienced by those in Thailand on a Thai business visa. Some labor under the incorrect assumption that a business visa alone is enough to legally take up employment in Thailand. In point of fact, only a Thai work permit entitles a foreigner to work in the Kingdom. Even with regard to a work permit, one’s employment must remain within the scope of activities listed in the permit itself. However, a Thailand “B” visa with an “Employment Prohibited” stamp could still be used as a foundation for a Thai work permit application if all of the other Legal criteria are met.
A different notation that throws many new expats off balance is the one which says: “Extension of Stay Not Permitted.” This is a truly disconcerting notation because many believe that it is impossible to extend their visa past the initial validity. This is not necessarily the case. Instead, this phrase should really read: “Extension of Stay Not Permitted Without Re-Adjudication.” One may extend a Thai business visa, but it is not a matter of right. Instead, a new extension application must be made and approved before one will be allowed to stay in lawful status past the underlying visa’s expiration date. This appears to be used internally by Thai government officers in either the Royal Thai immigration Police, the Thai Ministry of Foreign Affairs, or the Thai Ministry of Labour. Most foreign nationals are happy to learn that these notations usually do not have an adverse impact upon their long term goals.
(Thai Immigration rules and regulations are in a constant state of flux. As a result, extensive research may be needed in order to obtain a visa. If possible, contact a legal professional for more information.)