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Immigration officer complaining about my visa exemption

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4 hours ago, JoseThailand said:

Stand your ground and don't be easily intimidated by the boys (and girls) in brown. They have no legal grounds to deny you entry if you meet the 3 requirements (cash, hotel, tickets). You never overstayed, you are not blacklisted. Everything they say about "staying in Thailand too much" is pure intimidation. 

If you have an actual visa, the airport officials should only deny entry if you fall into one of the reasons specified in Section 12 of the Immigration Act for denial of entry. With visa exemptions, the situation is different. In the same way that an embassy/consulate can refuse to grant you a tourist visa, airport immigration can, at their sole discretion, decide you are not using visa exempt entries in the manner for which they were intended. Perhaps, replacing the officials' judgment with firm rules would make clearer that serial visa exemptions (by air as well as by land) are not considered an acceptable method to stay indefinitely in Thailand. However, such rules would certainly exclude some who are well served by visa exemptions now (such as the OP before his recent experience).

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  • Sadly, you are not the first who has run into this. It is up to the individual immigration official whether they believe visa exemptions are being used to stay longer than is consistent with regular t

  • When the immigration officer says so. 

  • Define tourist? Is someone who spend his time off work in another country, not a tourist?

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On 6/10/2023 at 6:45 AM, BritTim said:

They are approved instantly (or at worst the next day). you do need to be able to attend immigration about 1-30 days before expiry of the permission to stay to make the application.

OP is in Jomtien so up to 90 days in advance is possible giving him even more flexibility around his work schedule.

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4 hours ago, Sticky Rice Balls said:

ps i always come with a carry on so this may help my excuse of only coming for "30 days" and tourism

Do you think the Immigration Officer knows whether you do or don't have a suitcase waiting at baggage claim?

2 minutes ago, treetops said:

Do you think the Immigration Officer knows whether you do or don't have a suitcase waiting at baggage claim?

That's a good question. It's conceivable, maybe part of the information the airline needs to share via APIS?

On 6/10/2023 at 11:24 AM, Yewbzee said:

I think I'll just apply for another multi entry retirement visa to save any future grief. I'm assuming I can still do that at Jomtien and change my visa exemption to the Non 'O' ?

 

Am I correct in saying that medical insurance is required now for the retirement visa? It wasn't the last time I had one a couple of years ago.

Was traveling to Thailand 12 years on NON O retirement extension while working Onshore and Offshore, never have had any problem with IO. Best way to go.

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1 hour ago, BritTim said:

With visa exemptions, the situation is different. In the same way that an embassy/consulate can refuse to grant you a tourist visa, airport immigration can, at their sole discretion, decide you are not using visa exempt entries in the manner for which they were intended.

I've been in Thailand 3+ years as a "tourist". They fact that they didn't kick me out means one of two things: (1) Either it's not so easy to kick someone out and they don't wanna take the trouble or (2) they're okay about my being here 3 years as a "tourist" as long as I don't work here or do anything illegal.

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15 minutes ago, JoseThailand said:

or (2) they're okay about my being here 3 years as a "tourist" as long as I don't work here or do anything illegal.

Or (3) couple of those years were due to covid and that provided period of amnesty and 60 day covid extensions.

Your post means what.

 

15 minutes ago, JoseThailand said:

I've been in Thailand 3+ years as a "tourist"

Is that a badge of honor.

Good luck with next 3 years as a tourist . 

2 hours ago, DrJack54 said:

Good luck with next 3 years as a tourist . 

3 years and counting!

2 hours ago, DrJack54 said:

Or (3) couple of those years were due to covid and that provided period of amnesty and 60 day covid extensions.

You think they didn't give me sh*t during those covid years? 

20 minutes ago, JoseThailand said:

You think they didn't give me sh*t during those covid years? 

Stop nonsense posts.

Clearly you have good knowledge of how to stay ongoing in Thailand for the NEXT 3 years.

 

Please outline your plan.

I'm sure it will be very helpful to others .

25 minutes ago, JoseThailand said:

3 years and counting!

You completely miss the point.

Covid changed everything.

As I stated previously.

Amnesty and covid extensions for very special circumstances.

So again ....post advice on formulae to have an ongoing stay in Thailand in the future

34 minutes ago, DrJack54 said:

Stop nonsense posts.

Clearly you have good knowledge of how to stay ongoing in Thailand for the NEXT 3 years.

 

Please outline your plan.

I'm sure it will be very helpful to others .

I'm not sure it will be helpful to others as not everyone is privileged to have a Russian passport which allows unlimited land border entries.

1 hour ago, JoseThailand said:

I'm not sure it will be helpful to others as not everyone is privileged to have a Russian passport which allows unlimited land border entries.

"Not everyone" includes you going by your previous posts.

6 hours ago, JoseThailand said:

I'm not sure it will be helpful to others as not everyone is privileged to have a Russian passport which allows unlimited land border entries.

So why post all this bowlscit about "you just have to stand your ground and know yout rights" when it's actually totally inapplicable to 99% of posters?

23 hours ago, Pattaya57 said:

I'm a tourist and I spent 8 months in Thailand on visa exempt entries last year plus nearly 3 months already this year ????

 

Personally when you have a home or work outside of Thailand so don't live full time in Thailand then you're a tourist aren't you?

i was a "tourist" for years
just stating facts
more than 6 months a year in ANY country and you are considered a taxable resident
lucky for us Thailand has agreements with many countries so people are not double taxed.

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On 6/10/2023 at 9:47 AM, Yewbzee said:

I will concede that coming here 6 times a year is a stretch to classify myself as a tourist but my current passport is 8 years old and is totally peppered with visa exemption stamps so it's odd that none of the previous immigration officers have ever mentioned it.

 

On the last point by Regyai I did wonder if just ignoring it was an option or do they "mark" your passport in the system with a "visa required on the next visit" comment?

 

Can I obtain a tourist visa while inside Thailand or do I have to get one while I'm out of country? 

Get a retirement visa

6 hours ago, JayClay said:

So why post all this bowlscit about "you just have to stand your ground and know yout rights" when it's actually totally inapplicable to 99% of posters?

It is applicable as they enter by air. Entries by air are unlimited for all visa exempt countries.

7 hours ago, JayClay said:

So why post all this bowlscit about "you just have to stand your ground and know yout rights" when it's actually totally inapplicable to 99% of posters?

You need to stand your ground whether you enter by air or by land. They tried to give me sh*t everywhere. If I didn't stay my ground, I wouldn't be in Thailand right now.

On 6/10/2023 at 10:45 AM, ketilnm said:

Define tourist? Is someone who spend his time off work in another country, not a tourist?

now you're being a pedant. He's here and not working. He doesn't have a visa so he's getting stamped into the country on a tourist visa. What else do you thnik he is?

2 hours ago, FritsSikkink said:

Get a retirement visa

correct. He says you did it before so he can do it again. No more hassle. Just remember to get an exit permit each time you leave otherwise your retirment visa wont be valid when you return.

On 6/11/2023 at 3:15 PM, JoseThailand said:

Yes, it's called falsifying the evidence and is a crime. They can do that, but what if you file a complaint and they get caught? Big Joke would be happy to bust a couple more unscrupulous immigration officers.

They don't need hard evidence, it's the same with immigration in most countries, relying on discretion. The clearest example would be swearing at the immigration official - not a 'legal' reason to deny entry, but odds are very good you're getting denied.

Get another retirement ext, and at the same time get a multi-re-entry visa, then come and go for the next 12 months. 

48 minutes ago, jacob29 said:

They don't need hard evidence, it's the same with immigration in most countries, relying on discretion. The clearest example would be swearing at the immigration official - not a 'legal' reason to deny entry, but odds are very good you're getting denied.

When denying someone entry, they need to specify a reason, e.g. insufficient funds. This reason will be stated in the documents.

I have a Australian friend who does 4 weeks here and 6 weeks back in Australia he's been doing that for 8 years, he has a Thai girlfriend who travels all the time with him and he never has any problems

On 6/10/2023 at 10:45 AM, ketilnm said:

Define tourist? Is someone who spend his time off work in another country, not a tourist?

I would say no he’s not a tourist. 

4 hours ago, AustinRacing said:

I would say no he’s not a tourist. 

So, I guess you would attest that someone who is working and spends his vacation days in Thailand must be a "retiree". If not, and he is not a "tourist", how should he be described? Permanent Thai resident?

On 6/10/2023 at 10:50 AM, DrJack54 said:

From the OP....

"I've been entering Thailand this way for over 10 years" 

 

The OP is NOT a tourist..

 

In future could consider ME non O retirement from Savannakhet or obtain non O and subsequent extension also multi reentry permit

He may or may not be a tourist, but he's definitely not retired!

My experience of Thai visas is limited but my experience of businesses and national organisations changing from paper-based records to computerised systems covers over four decades - and from my relatively brief exposure to it, it's clear that the immigration service in Thailand is finally making that transition. 

The times they are a-changing. It's not the Wild West (or East) any more. Get a proper visa. 

If you want to come to Thailand then do as Immigration has asked. Happy days. No arguing as to what someone else has or hasnt. Then move on

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