When does a visa expire?

[Fat Prophet]

There seems to be significant confusion on the purpose/function of a visa and when a visa (of any country, Thailand included) expires. Some have taken the position (incorrectly) that the only purpose/function of a visa is to allow entry into a country, and following entry into that country, assuming that it is a single entry visa, the visa is marked "used" and the visa expires. This is an incorrect, and very (improperly) narrow view/interpretation of a visa and its function(s). It allows entry into a country, certainly, but it also allows the holder to remain in the country for the designated period of time, either stated in the visa or in the laws and regulation under which the visa was issued. The visa and the terms and conditions under which it was issued remain valid and applicable to the stay of the visa holder so long as the holder remains in the country. The following is from the official website of the Government of Australia's Department of Home Affairs:

"My visa is about to expire or has expired

If you are in Australia, you must hold a valid visa for the duration of your stay and comply with the conditions of your visa.

If you don’t have the right to remain in Australia, you must depart." (emphasis added).

 

The visa allows entry into the country to be sure, but that is only one function -- it also permits (it is a revocable licence) the holder of the visa to remain in the country for the duration of the allowed period of stay, which is stated in the visa (or in the laws and regulations governing the issuance of the visa). The immigration officer (IO) can deny entry if s/he believes that the person seeking admission does not comply with the conditions of the visa. And once admitted into the country, the visa holder must comply with the requirements of the visa -- the visa holder may not, for example, work. These are the conditions of the visa and they must be complied with or the holder may be required to leave. This is the correct (I think only) interpretation of the purpose and function of a visa and when it expires. When a person enters a country, the visa (assuming it is a single entry visa) is "USED" and may not be used again to enter that country. But its validity continues as permission of the holder of the visa to remain in the country for the permitted term of the visa and so long as the holder of the visa complies with the continuing conditions of the visa.  The Government of Australia's Department of Home Affairs has it right (as do most of the knowledgeable practitioners in the area). Hopefully, the point is now clear.  

[ubonjoe]

How a visa works depends upon the country that issued it.

For example some countries issue a visa that allows you to stay in the country that issued it until it expires. Some also allow you to leave and re-enter and stay until the date it expires. I have had visas valid for 6 months and one year for Venezuela that that allowed me to stay until it expired every time I entered the country.

Other countries like Thailand issue visas that allow you to stay for a specific amount of time in the country when you use the visa. The visas expiration date is the last day you can use the visa to get the allowed stay and the visa can expire but you can stay after that date.

Then there are countries that issue visas that can be valid for entry for several years but the length of stay is determined when you enter the country up to a maximum number of days or months.

 

[Fat Prophet]

1 hour ago, ubonjoe said:

How a visa works depends upon the country that issued it.

For example some countries issue a visa that allows you to stay in the country that issued it until it expires. Some also allow you to leave and re-enter and stay until the date it expires. I have had visas valid for 6 months and one year for Venezuela that that allowed me to stay until it expired every time I entered the country.

Other countries like Thailand issue visas that allow you to stay for a specific amount of time in the country when you use the visa. The visas expiration date is the last day you can use the visa to get the allowed stay and the visa can expire but you can stay after that date.

Then there are countries that issue visas that can be valid for entry for several years but the length of stay is determined when you enter the country up to a maximum number of days or months.

 

Nothing in your post, except the part about Thailand, is different than what I said in the OP. In fact, it affirms/confirms what I said. There is nothing of which I am aware that makes a Thai visa work so uniquely different than almost all other visa and, in particular, an Australian visa (or a US nonimmigration visa, which "nonimmigrant visa status [must] remain valid" for the holder to be able to request an extension (see https://www.uscis.gov/visit-united-states/extend-your-stay)), which by the statement in the Australian Government's website continues valid during the period of stay unless, but its terms, its period of stay/validity expires and the holder is required to leave or incur the proscribed penalty. If you can provide any authority for the statement that, unlike all others, a Thai visa's "expiration date is the last day you can use the visa to get the allowed stay and the visa can expire but you can stay after that date", please provide it. Otherwise, I presume that it is sheer speculation on your part and, quite honestly, given everything else said in various websites and sources, is not correct.  The Thai visa, like the Australian visa, remains valid during the allowed period of stay -- this is absolutely logical and necessary, as it is the type of visa and the terms of the visa that determine what you can do (or cannot do) and how long you are permitted to stay in the country.

 

Note that one of my Thai visas states "Employment Prohibited". If the visa had expired and was no longer valid, what is the significance of that statement in the visa?  And I have another visa (not Thailand) that states in the visa "not valid for ... prohibited or restricted areas without permission of the ministry of Interior or Home Department of the Province." If it is not valid for restricted areas, it must be valid following entry for travel to and in unrestricted areas. The visa remains valid (and that was a single entry visa to be used within 30 days and with a validity period of 10 days following entry). I must comply with the conditions in the visa, and the visa must be valid for the conditions in it to be applicable to me and what I can do (and cannot do) while in the country. This is, at least to me, patently obvious. Your understanding of how a visa works is fundamentally incorrect. Please go back and read the Australian Department of Home Affairs' statement again -- it is a correct general statement of the visa requirement for Australia and all other countries, including Thailand.  

Edited May 13, 2018 by Fat Prophet