Immigration officer complaining about my visa exemption

[Yellowtail]

22 minutes ago, BritTim said:

The rule was in force for less than six months in, as far as I remember, 2008. It proved totally impracticable to enforce (especially at land crossings where visa exempt entries were for only 15 days, and it could take several minutes for the official to scan your passport and add up the number of days you had been in Thailand on visa exemptions).

 

I am aware that this rule is still often cited in web pages, but it went away about 15 years ago. This 11-year-old thread talks about these oft cited 90 days in six months and 180-day per year rules closer to the time when they had been abolished: https://aseannow.com/topic/534748-180-day-rule-and-90-days-within-180-days-rule-explained/

While it is likely impractical to enforce, and for that reason generally ignored, I doubt very much the rules were changed. 

 

Do have anything that supports that? I find it unlikely (albeit not impossible) to believe that neither the Thai nor the US websites have been updated since 2008. 

 

So are you saying people can stay six-months and a visa-exempt entry? 

[bg53]

10 minutes ago, BritTim said:

Biggest procedural difference: at Savannakhet you receive the visa the next day; if applying at Immigration, it is taken under consideration and takes about a month.

This for all nationalities? Wow, good to know, thanks.

[animalmagic]

2 hours ago, DrJack54 said:

Thai immigration refer to obtain "appropriate visa" .

 

10 years back I was obtaining triple entry tourist visas to Thailand from Saigon  as I was traveling to Saigon every month at that time.

 

I was over 50.

The immigration officer at Thai consulate told me that I should have a retirement visa because I live Thailand. (shown by pp stamps) .

 

Since visa exempt entries via air have no limit you could argue that I could live in Thailand visiting Vietnam every month.

It won't work. 

I take your point.  I don't think (hope not anyway) Immigration would query a retirement visa in the way I mentioned.

As a holder of an APEC Business Travel Card, which is a pre-approved multiple entry for stays up to 90 days for a 5-year period, I was recently told I need to get a 'long stay (marriage or retirement) visa to keep coming back.  Quite sad that the airport lot can ignore the actions of the Ministry of Foreign Affairs that issued the pre-approval in the first place.

[BritTim]

19 minutes ago, Yellowtail said:

While it is likely impractical to enforce, and for that reason generally ignored, I doubt very much the rules were changed. 

 

Do have anything that supports that? I find it unlikely (albeit not impossible) to believe that neither the Thai nor the US websites have been updated since 2008. 

 

So are you saying people can stay six-months and a visa-exempt entry? 

It is tough finding announcements of rules changes from 15 years ago. If I have some free time, I might track it down. (I may need to use archive.org.) I can distinctly remember when the rule change was announced. At the time, I was using visa exempt entries.

 

Old rules frequently hang around on some or all websites. Often, erroneous information is even copied forward onto new sites.

 

The current rules on visa exemptions (excluding those based on bilateral agreement) are:

• by land you are restricted to two per calendar year; and
• by air, there are no explicit limits, but the officials are supposed to use their judgement on whether visa exemptions are being used in an appropriate manner (in particular, using them to extend a consecutive stay in Thailand for longer than is consistent with regular tourism).

Obviously, the guidelines to airport officials are pretty vague, and different officials will interpret them in various ways.

[Yellowtail]

13 minutes ago, BritTim said:

It is tough finding announcements of rules changes from 15 years ago. If I have some free time, I might track it down. (I may need to use archive.org.) I can distinctly remember when the rule change was announced. At the time, I was using visa exempt entries.

 

Old rules frequently hang around on some or all websites. Often, erroneous information is even copied forward onto new sites.

 

The current rules on visa exemptions (excluding those based on bilateral agreement) are:

• by land you are restricted to two per calendar year; and
• by air, there are no explicit limits, but the officials are supposed to use their judgement on whether visa exemptions are being used in an appropriate manner (in particular, using them to extend a consecutive stay in Thailand for longer than is consistent with regular tourism).

Obviously, the guidelines to airport officials are pretty vague, and different officials will interpret them in various ways.

So is it your position that today, one can legally stay more that 90 on a visa-exempt entry? 

[DrJack54]

1 minute ago, Yellowtail said:

So is it your position that today, one can legally stay more that 90 on a visa-exempt entry? 

 Not on ONE visa exempt entry but back to back of course.

It done all the time 

Enter Thailand by air visa exempt obtain 30 day extension.

Do a border run (or flight out/back) for second visa exempt.

Plus extension.

That's 120 days there.

Do another border run plus extension.

 

Outlined in threads daily. 

 

There is NO "90 day rule" 

[Neeranam]

Can you get a retirement visa in Thailand if you work abroad?

[SAFETY FIRST]

Just now, Neeranam said:

Can you get a retirement visa in Thailand if you work abroad?

Yes, I have and work offshore 

[Nong Khai Man]

2 hours ago, SAFETY FIRST said:

You're lucky you are over 50yo, just get yourself another retirement visa, little bit of money (800k baht) in the bank needed or see an agent. 

 

I work offshore on a 28/28 day rotation, when I was in my forties I was doing what you are doing, the IO always questioning me. I ended up carrying a copy of my children's birth certificates to show at Survarnabhumi. 

, little bit of money (800k baht) in the bank....Little Bit ' Eh ?? How about a Little Loan then ?? Errrr,I Already know Your Answer.......

[Caldera]

32 minutes ago, Neeranam said:

Can you get a retirement visa in Thailand if you work abroad?

Yes. Being retired isn't among the requirements for a retirement visa, go figure. 

[n00dle]

Has she made remrks in your passport or done anythng to suggest that you cannot renter the country on your exemption after you go?

If not, ignore and business as usuaul until you hear different,

[n00dle]

43 minutes ago, DrJack54 said:

Do a border run (or flight out/back) for second visa exempt.

that is not staying after 90 days though. its leaving and coming back.

[DrJack54]

30 minutes ago, n00dle said:

that is not staying after 90 days though. its leaving and coming back.

You have not read the posts from the guy I quoted.

He had been asking about 90 day rule with exit and reentry. 

Back to back continuous stays

Edited June 13, 2023 by DrJack54

[n00dle]

7 minutes ago, DrJack54 said:

You have not read the posts from the guy I quoted.

He had been asking about 90 day rule with exit and reentry. 

Back to back continuous stays

ah

[SAFETY FIRST]

1 hour ago, Nong Khai Man said:

, little bit of money (800k baht) in the bank....Little Bit ' Eh ?? How about a Little Loan then ?? Errrr,I Already know Your Answer.......

Sorry if I've offended you but it's not a lot of money to allow you to live in this wonderful country full time, enjoy the hospitality from the beautiful people and visit the gorgeous country side without restrictions. 

 

You are free to take out the 800k at anytime and go back to your country of citizenship if you are not happy with the requirements. 

 

Edited June 13, 2023 by SAFETY FIRST

[Parker2100]

Yes, I did the same as you, as a tourist.  I would sometimes spend 2 months out.  And I was told by an Attorney in Thailand that I was ok as long as in Thailand less than 180 days in a -Calandar Year-.  But Immigration twisted the rules to say that I was 11 days over (191 days) in the last 365 days.  Over 2 -Calandar- years!  

 

Technically, there isn't even a Law or writen policy limiting a tourist to 6 months a year but it is a metric that Immigration uses to determine if you are a real tourist.

 

Being even close to 6 months will trigger further screening by Immigration.  Or least it did before COVID and, apparently, they are going back to doing that.

 

In my cases, I was let in but the Immigration Officer entered, by hand, that I was trying to live in Thailand.  They didn't speak much English so I couldn't explain the situation to them very well.

 

Apparently, I got through to them because they let me in.  But they could not admit they were wrong so they had to scribble in my passport a prejudicial comment.

 

But they did try to make hard for me to come back for an undisclosed period of time.  That was the last time I was in Thailand and I had to close my PO Box, my Storage Unit, and break the shared lease of the seasonal apartment I rented.  I also, had to abandon many of the larger things I stored in Thailand.

 

Because I had to break the seasonal lease.  The Thai person I shared the lease with (Roommate but was elsewhere most of the time) could not afford to keep the Apartmentand was Homeless just going into the COVID situation.  He was homeless for about 6 months.

 

 

 

 

Edited June 13, 2023 by Parker2100

[Skeptic7]

Nothing new or unheard of. I did similar to you every other month or two for 20 years. In 2016 all the bells and whistles went off entering at Suvarnabhumi. Was escorted over to talk to a high ranking officer. She said 'no problem this time and you can enter on Visa Exempt, but please get the proper visa as you are living here and not a tourist'. She was very nice and polite, but made me promise I would get a visa...and took me at my word. I kept my promise and have been on annual Retirement Extensions since. 

[goldenbrwn1]

I have been questioned twice in my 25 years of coming in and out of Thailand about my visa whether it be tourist , exempt or watever. Both times a moody female officer. Just saying . 

[Jaggg88]

On 6/11/2023 at 6:46 AM, Pattaya57 said:

Thailand limits visa exempt to 2 per year at land borders, if they are worried about how many visa exempts by air then why do they not just set a limit? To say you can have unlimited visa exempts per year by air but then leave it to an individual IO to decide you have too many is pretty crazy

There used to be a rule of 3 visa-exempt entries by air every 6 months and you can still see this published on some Embassy websites.

[DrJack54]

34 minutes ago, Jaggg88 said:

There used to be a rule of 3 visa-exempt entries by air every 6 months and you can still see this published on some Embassy websites.

The embassies websites are wrong.

There is no such rule. 

Briefly existed ages ago when Adam was a lad

Edited June 13, 2023 by DrJack54

[AustinRacing]

16 hours ago, animalmagic said:

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

22 hours ago, BritTim said:

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?

TAT definition of tourist according to Thai law:

“tourist” means any person who freely travels from his normal place of residence to other place for temporary period with the objective other than to carry on his occupation or to earn income.

 

[DrJack54]

4 minutes ago, AustinRacing said:

TAT definition of tourist according to Thai law:

“tourist” means any person who freely travels from his normal place of residence to other place for temporary period with the objective other than to carry on his occupation or to earn income.

 

As soon as you read any post that starts with "TAT " ...

you need to ignore the rubbish that follows.

TAT are not immigration officers.

[Parker2100]

6 hours ago, goldenbrwn1 said:

I have been questioned twice in my 25 years of coming in and out of Thailand about my visa whether it be tourist , exempt or watever. Both times a moody female officer. Just saying . 

Sounds like the same lady I dealt with.

[Parker2100]

1 hour ago, DrJack54 said:

As soon as you read any post that starts with "TAT " ...

you need to ignore the rubbish that follows.

TAT are not immigration officers.

Whenever TAT says something you can usually believe the opposite 

[natway09]

Have listened to all the comments on here but sounds to me like you are using Thailand as 

"your 2nd home" or your "home base".

You stated that you had a retirement extension, why did you not just maintain it ?

[AustinRacing]

3 hours ago, DrJack54 said:

As soon as you read any post that starts with "TAT " ...

you need to ignore the rubbish that follows.

TAT are not immigration officers.

Ignoring is one thing and up to individuals but that is Thai government’s formal definition. Laws are not often interpreted consistently but they can be if they choose to do so. You asked what a tourist is and there you have it. Like it or not it is what it is. 

[DrJack54]

4 hours ago, AustinRacing said:

Ignoring is one thing and up to individuals but that is Thai government’s formal definition. Laws are not often interpreted consistently but they can be if they choose to do so. You asked what a tourist is and there you have it. Like it or not it is what it is. 

You are very confused.

TAT do not set Thai immigration laws.

They are basically a lobby group for tourism.

 

[AustinRacing]

2 hours ago, DrJack54 said:

You are very confused.

TAT do not set Thai immigration laws.

They are basically a lobby group for tourism.

 

Some people just can’t accept being wrong even when presented with facts. 
 

Thai Tourism Law

TOURISM AUTHORITY OF THAILAND ACT,
B.E. 2522 (1979)
_______________

BHUMIPOL ALULYADEJ, REX.
Given on the 30th day of April, B.E. 2522;
Being the 34th Year of the Present reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is deemed expedient to have the law on the Tourism Authority of Thailand;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly as follows:
Section l. This Act is called the “Tourism Authority of Thailand Act, B.E. 2522”.

 

Which part of LAW don’t you get buddy. The “A” in TAT is Authority not a lobby group. They don’t set immigration laws of course. But you were asking about formal/legal definition of tourist. This is defined by TAT under law. 

[DrJack54]

9 minutes ago, AustinRacing said:

But you were asking about formal/legal definition of tourist. This is defined by TAT under law. 

I was not asking about law.

You read some rubbish from TAT that included the word LAW.

Very naive.

 

There is no definition of tourist relating to number of visa exempt entries via air and no law relating to number of days spent in Thailand.

 

You can post rubbish from TAT and even cut and paste from various Thai consulates.

That sometimes has incorrect and outdated  information 

Clearly you are poorly informed. 

 

TAT make recommendations to Thai gov. 

Edited June 14, 2023 by DrJack54

[Nong Khai Man]

20 hours ago, SAFETY FIRST said:

Sorry if I've offended you but it's not a lot of money to allow you to live in this wonderful country full time, enjoy the hospitality from the beautiful people and visit the gorgeous country side without restrictions. 

 

You are free to take out the 800k at anytime and go back to your country of citizenship if you are not happy with the requirements. 

 

 

You are free to take out the 800k at anytime...I Wish I Had it to " TAKE OUT "