Foreigners on non-immigrant visas urged to exploit loophole: Phuket Immigration

By The Phuket News

 

The exit sign at the Phuket Immigration Office in Phuket Town. Photo: Tanyaluk Sakoot / file

 

PHUKET:-- The new long-stay visas approved by Cabinet yesterday are not grounds for tourists already in the country to apply for similar extensions of stay, Phuket Immigration confirmed to The Phuket News today (Sept 16).

 

The new “Special Tourist Visa”, now in short being called the “STV”, was approved by Cabinet yesterday, and confirmed by Prime Minister Prayut Chan-o-cha after the Cabinet meeting.

 

Under the new visas, tourists who agree to 14-day quarantine and stay for at least 90 days will be allowed to enter the country.

 

Full Story: https://www.thephuketnews.com/foreigners-on-non-immigrant-visas-urged-to-exploit-loophole-phuket-immigration-77340.php

 

-- © Copyright Phuket News 2020-09-16

 

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They had better hurry up and change every regulation they have or there will be hardly anyone left.

I wonder if you could come on an STV and switch to an elite?

 

Totally misleading title for this topic imo

 

i don't see any ''loophole'' to exploit, phuket immigration or not

for the ones stranded here and unable to extend their stay on a O visa

 

The new ''special tourist visa'' can be obtained only from outside of Thailand

and the precise requirments for the obtention haven't been precised yet.

 

The obtention of a letter by the embassy isn't a loophole, it's just an option

given to the ones really unable to travel back to their country of origin, and

it's only for 30 days. It's well know now and has not been discovered yesterday

by Phuket immigration.

 

Plus AFAIK the embassy letter option is available everywhere in Thailand, not only in Phuket.

 

At the moment nothing has been put in place for the ones unable to extend their

O visa because of the border closure nor for the ones not allowed to enter in Thailand

even if they have already a visa, for example the retirees single or not married oficialy

with a Thai.

 

It's a shame the priority is given by Thailand at the few ''Tourists'' under the STV

and all the usual long stayers are totally forgotten. 

3 hours ago, cjinchiangrai said:

I wonder if you could come on an STV and switch to an elite?

It is possible to change to the PE visa (the one you get as elite member) while in country, at least used to be. A full day trip to Changwattana. I opted to do a visa run, but that would not make sense now. Ask TE, they are quite helpful.

I wonder what will happen when a STV holder decides or finds it necessary to leave Thailand before the end of the initial 90 days. Maybe an "understay" fine payable at departure?

7 hours ago, kingofthemountain said:

It's a shame the priority is given by Thailand at the few ''Tourists'' under the STV

and all the usual long stayers are totally forgotten.

They are not forgotten. Longstayers should have their papers in order to be able to apply for their yearly extension. There has never been any such thing called longstayers on Tourist visas, more than METV that has always needed to be applied for in ones home country. Now there is a similar option, but that must also be applied for in ones home country, due to the Pandemic. Do not blame Thailand or immigration for any inconvenience. Here you have to blame Covid-19, that made most countries in Asia close their borders.

33 minutes ago, Matzzon said:

They are not forgotten. Longstayers should have their papers in order to be able to apply for their yearly extension.

I would imagine that the inference was more of those that are not currently in Thailand, are not married, do have retirement extensions and cannot, at the moment, return back to Thailand.

It is, IMO, unfair and this really should be addressed, if a retiree has a one year EOS and a valid reentry permit, the government should be allowing them to return, with the condition of them doing the 15 day ASQ upon arrival.

Minimum income for non- immigrants is a concern for ‘teachers’ earning B30,000 / month.

 

That amount has been ‘set’ by the government for the last 10 years.

 

TIT

Maybe immigration could give STD's: special tourist dispensation

Missed opportunity, IMO the government should have offered this new visa to people already here who would benefit and would be prepared to stay long term in Thailand. They could have stipulated that people need to have a covid test (more money into the coffers) plus all the 2,000 Baht fees for the visa itself could have been a good earner for the country.

22 minutes ago, Emdog said:

Maybe immigration could give STD's: special tourist dispensation

Dont you mean 'Sexually Transmitted Deseases'???? ????????????????????????????????

56 minutes ago, Mattd said:

I would imagine that the inference was more of those that are not currently in Thailand, are not married, do have retirement extensions and cannot, at the moment, return back to Thailand.

It is, IMO, unfair and this really should be addressed, if a retiree has a one year EOS and a valid reentry permit, the government should be allowing them to return, with the condition of them doing the 15 day ASQ upon arrival.

Spot On.....

41 minutes ago, Emdog said:

Maybe immigration could give STD's: 

Or you could try the bar next door ???

1 hour ago, Matzzon said:

They are not forgotten

so as a retiree on a retirement extension, but out of the country.

My only option is to return on the STV visa which will automatically nullify my OA extension thus forcing me to reapply (but an OA visa can not be applied for in Thailand)

How hard would it of been for them to allow Longstayers/ people on extensions to re-enter Thailand on the present conditions

4 hours ago, DrDave said:

I wonder what will happen when a STV holder decides or finds it necessary to leave Thailand before the end of the initial 90 days. Maybe an "understay" fine payable at departure?

That's the first thing that I noticed was the minimum stay requirement of 90 days, perhaps this part is a misunderstanding in translation or perhaps another 'brain fart' rule inserted by someone to justify their fat cat salary.

STV? Is that kind of like an STD?

11 hours ago, cjinchiangrai said:

I wonder if you could come on an STV and switch to an elite?

 

This is just blackmail which is illegal 

9 hours ago, kingofthemountain said:

At the moment nothing has been put in place for the ones unable to extend their

O visa because of the border closure nor for the ones not allowed to enter in Thailand

even if they have already a visa, for example the retirees single or not married oficialy

with a Thai.

Plenty of options on the table...

The fine print and number of takers of this scheme will n e interesting 

When a O visa foreigner returns to thailand, how long must they get the new Health care coverage for?

 

realistically, it should be for only 2-3 weeks but I could see gov requiring it for the duration of their visa....we are talking a lot of money....

12 hours ago, cjinchiangrai said:

I wonder if you could come on an STV and switch to an elite?

 

Would that make any difference financially? 

The Elite Visa is just an expensive all, inclusive package for rich tourists that are used to a nanny state. 

12 hours ago, ukrules said:

They had better hurry up and change every regulation they have or there will be hardly anyone left.

Yes, there is a mad dash of people leaving

10 hours ago, kingofthemountain said:

Totally misleading title for this topic imo

 

i don't see any ''loophole'' to exploit, phuket immigration or not

for the ones stranded here and unable to extend their stay on a O visa

My guess is that is because overall, there is no continuity of understanding within Thai Immigration as to what the immigration laws actually mean.  In any establish organization, that organization should seek to establish consistency in its interpretation of its own laws.  But Thai Immigration?  From region to region, office to office, IO to IO immigration laws are open to individual interpretation.  Talk about exploiting "loopholes" by creating them on the fly in order to generally make life miserable for foreigners seeking to stay within the law.

 

1 hour ago, dougiemac52 said:

This is just blackmail which is illegal 

What exactly is "blackmail"? 

If I make a contract with you of course I blackmail you to keep your part of the contract. If you don't I'll take away from you everything you have. Everything. And that is certainly not illegal. 

Just now, connda said:

My guess is that is because overall, there is no continuity of understanding within Thai Immigration as to what the immigration laws actually mean.  In any establish organization, that organization should seek to establish consistency in its interpretation of its own laws.  But Thai Immigration?  From region to region, office to office, IO to IO immigration laws are open to individual interpretation.  Talk about exploiting "loopholes" by creating them on the fly in order to generally make life miserable for foreigners seeking to stay within the law.

 

No problem. 

People that worked all their life and live on workers' pension funds are always able to extend their permission of stay if they meet the legal requirements. Because fresh money comes in every month. 

In the meanwhile:

"Meanwhile, with just 10 days to go before the ‘visa amnesty’ expires, Phuket Immigration has received no instructions from Bangkok to provide any reprieve for foreigners staying on non-immigrant visas who cannot prove they have the income level required by immigration in order to be issued a one-year permit to stay."

Better start clearing out pens in the local stockyards to use as makeshift, temporary Immigration Detention Centers as they start arresting and deporting "Bad Guy" foreigners.  
"Good Guy" foreigner yesterday when there was amnesty;
"Bad Guy" foreigner when amnesty runs out.
And from what the mainstream news and scientific experts say, Covid-19 is still as deadly as ever, effecting millions and killing hundreds of thousands, and is rampaging its way all over the globe making international travel a difficult nightmare. 
But coming soon to Thailand?  "Lock 'em up Dano!"

However, they'll have the same problems clearing out IDC via deportations as those foreigners who suddenly find they turned from "Good Guys" into "Bad Guys" overnight.  And that is an inability to find the availability of reasonably priced transportation back to a "home" country that may itself still be "locked down, boarded up, and closed down."

Thailand should try bringing some of their vaunted "Buddhist Compassion" to bear on immigration reforms that brings Thailand in line with other "compassionate' humanitarian-minded civilized countries.

11 hours ago, kingofthemountain said:

Totally misleading title for this topic imo

 

i don't see any ''loophole'' to exploit, phuket immigration or not

for the ones stranded here and unable to extend their stay on a O visa

 

The new ''special tourist visa'' can be obtained only from outside of Thailand

and the precise requirments for the obtention haven't been precised yet.

 

The obtention of a letter by the embassy isn't a loophole, it's just an option

given to the ones really unable to travel back to their country of origin, and

it's only for 30 days. It's well know now and has not been discovered yesterday

by Phuket immigration.

 

Plus AFAIK the embassy letter option is available everywhere in Thailand, not only in Phuket.

 

At the moment nothing has been put in place for the ones unable to extend their

O visa because of the border closure nor for the ones not allowed to enter in Thailand

even if they have already a visa, for example the retirees single or not married oficialy

with a Thai.

 

It's a shame the priority is given by Thailand at the few ''Tourists'' under the STV

and all the usual long stayers are totally forgotten. 

Thank you, I learned a new word today - "Obtention" :)

"Meanwhile, with just 10 days to go before the ‘visa amnesty’ expires, Phuket Immigration has received no instructions from Bangkok to provide any reprieve for foreigners staying on non-immigrant visas who cannot prove they have the income level required by immigration in order to be issued a one-year permit to stay."

And when they start arresting, incarcerating, and deporting foreign family guys married to Thai wives who in the past have been staying on Multi-entry Marriage Visas, it will be interesting to see how long it takes for those family units to be shattered when the primary provider for these native Thai families are kicked out of the country - for being men.  Yeah, for being men.  Because foreign women married to Thai guys are under no such backward, repressive laws.  They get to stay.  Families comprised of Thai men and foreign women are sacrosanct and untouchable.  But families of foreign men married to Thai women?  Expendable.  Not "real" families in the eyes of the Thai government.  Throw-away families.

I'm going to be honest.  There needs to be a level playing field.
Foreign men and women married to native Thais need to fall under the same rules and conditions.  Because right now Thailand is a stone throw away from quite literally decimating  the families of Thai women married to foreign men.  And that, imho, is inhuman as well and inhumane.

1 hour ago, OnTheRun said:

That's the first thing that I noticed was the minimum stay requirement of 90 days, perhaps this part is a misunderstanding in translation or perhaps another 'brain fart' rule inserted by someone to justify their fat cat salary.

I think the former is much more likely.

Common practice on here to take a translation as being literal.

The STV allows an initial entry for a minimum of 90 days and this was distorted in the article.

The new initiatives have indicated a minimum stay of 30 days but even that cannot be enforced, all they can do is restrict boarding to return tickets in excess of 30 days.