Will I Be Denied Entry?

[Justaquestion]

Is each six month period treated as an independent unit for the 90 day visa on arrival rule? In the period beginning March 1st (first entry) and ending September 1st ( last two back-to-back entries July and August), I have stayed in Thailand for 3 months and been away for 3 months.

Will I be allowed in September 14th if I wish to return on a visa on arrival? Theoretically, I should be as an entirely new 6 month period should now begin September. The fact that I just stayed July and August should only have relevance to the PREVIOUS six months, right?

Or will they now force me to stay away 3 months, although I can't imagine why as the rules seem not to require that?

On my last Cambodian visa run (August) the immigration officer very carefully marked my previous entries with a 1 a 2 and a 3. This kind of spooked me, because why would he bother doing this if the end of August marked the end of my six month period anyways and the thus the stamp in for August should bear no relation to the upcoming month of September? It almost seemed as if the implication was that now I would have to stay away for 3 months, although I don't understand why if each six month period is treated as an entirely separate unit. Maybe the guy simply didn't really understand what he was doing?

Can anyone with experience or knowledge clarify?

[beechguy]

First your entries were more likely "visa exempt" not "visa on arrival". Why not apply for a "Tourist Visa"? Entry good for 60 days, and extendable for 30 additional days. Also, can apply for more than 1 entry if you need. Anyway, no need to count days or stay away for 3 months.

[Martian]

Is each six month period treated as an independent unit for the 90 day visa on arrival rule? In the period beginning March 1st (first entry) and ending September 1st ( last two back-to-back entries July and August), I have stayed in Thailand for 3 months and been away for 3 months.

Will I be allowed in September 14th if I wish to return on a visa on arrival? Theoretically, I should be as an entirely new 6 month period should now begin September. The fact that I just stayed July and August should only have relevance to the PREVIOUS six months, right?

Or will they now force me to stay away 3 months, although I can't imagine why as the rules seem not to require that?

On my last Cambodian visa run (August) the immigration officer very carefully marked my previous entries with a 1 a 2 and a 3. This kind of spooked me, because why would he bother doing this if the end of August marked the end of my six month period anyways and the thus the stamp in for August should bear no relation to the upcoming month of September? It almost seemed as if the implication was that now I would have to stay away for 3 months, although I don't understand why if each six month period is treated as an entirely separate unit. Maybe the guy simply didn't really understand what he was doing?

Can anyone with experience or knowledge clarify?

If I understand your question correctly, I would interpret the 6 month rule to be a "rolling 6 month period" which means if you entered for 30 days in March and then entered in July and August then you would only have one 30 day entry for 6 months from when you entered in July as long as it doesn't fall within 6 months of your entry made in March. I don't think it is a "fixed" calendar time window type of thing. I believe it is "in any 6 month period", therefore the window will roll based purely on your exempt entry dates.

I hope I explained my interpretation and if my interpretation isn't correct hopefully someone with more specific knowledge will chime in and correct me.

Regards,

Martian

[digitalchromakey]

Is each six month period treated as an independent unit for the 90 day visa on arrival rule? In the period beginning March 1st (first entry) and ending September 1st ( last two back-to-back entries July and August), I have stayed in Thailand for 3 months and been away for 3 months.

Will I be allowed in September 14th if I wish to return on a visa on arrival? Theoretically, I should be as an entirely new 6 month period should now begin September. The fact that I just stayed July and August should only have relevance to the PREVIOUS six months, right?

Or will they now force me to stay away 3 months, although I can't imagine why as the rules seem not to require that?

On my last Cambodian visa run (August) the immigration officer very carefully marked my previous entries with a 1 a 2 and a 3. This kind of spooked me, because why would he bother doing this if the end of August marked the end of my six month period anyways and the thus the stamp in for August should bear no relation to the upcoming month of September? It almost seemed as if the implication was that now I would have to stay away for 3 months, although I don't understand why if each six month period is treated as an entirely separate unit. Maybe the guy simply didn't really understand what he was doing?

Can anyone with experience or knowledge clarify?

If I understand your question correctly, I would interpret the 6 month rule to be a "rolling 6 month period" which means if you entered for 30 days in March and then entered in July and August then you would only have one 30 day entry for 6 months from when you entered in July as long as it doesn't fall within 6 months of your entry made in March. I don't think it is a "fixed" calendar time window type of thing. I believe it is "in any 6 month period", therefore the window will roll based purely on your exempt entry dates.

I hope I explained my interpretation and if my interpretation isn't correct hopefully someone with more specific knowledge will chime in and correct me.

Regards,

Martian

The regulations (Interior Ministerial Announcements dated 1 October B.E. 2545 (2002), 20 December B.E. 2545 (2002), 18 October B.E. 2547 (2004) and 6 May B.E. 2548 (2005)) state that 'Foreigners who enter the Kingdom under the Tourist Visa Exemption category may re-enter and stay in Thailand for a cumulative duration of stay of not exceeding 90 days within any 6-month period from the date of first entry.'

So it's a 'rolling 6 months'.

[visarunner]

Is each six month period treated as an independent unit for the 90 day visa on arrival rule? In the period beginning March 1st (first entry) and ending September 1st ( last two back-to-back entries July and August), I have stayed in Thailand for 3 months and been away for 3 months.

Will I be allowed in September 14th if I wish to return on a visa on arrival? Theoretically, I should be as an entirely new 6 month period should now begin September. The fact that I just stayed July and August should only have relevance to the PREVIOUS six months, right?

Or will they now force me to stay away 3 months, although I can't imagine why as the rules seem not to require that?

On my last Cambodian visa run (August) the immigration officer very carefully marked my previous entries with a 1 a 2 and a 3. This kind of spooked me, because why would he bother doing this if the end of August marked the end of my six month period anyways and the thus the stamp in for August should bear no relation to the upcoming month of September? It almost seemed as if the implication was that now I would have to stay away for 3 months, although I don't understand why if each six month period is treated as an entirely separate unit. Maybe the guy simply didn't really understand what he was doing?

Can anyone with experience or knowledge clarify?

Your NEW sixmonth period will start with your first entry after the 1st of September.

[tropo]

The regulations (Interior Ministerial Announcements dated 1 October B.E. 2545 (2002), 20 December B.E. 2545 (2002), 18 October B.E. 2547 (2004) and 6 May B.E. 2548 (2005)) state that 'Foreigners who enter the Kingdom under the Tourist Visa Exemption category may re-enter and stay in Thailand for a cumulative duration of stay of not exceeding 90 days within any 6-month period from the date of first entry.'

So it's a 'rolling 6 months'.

This official statement doesn't make it clear whether it's a 6-month block or a rolling 6-month period. In actual fact, I don't think the Immigration Officers know either exactly what it means.

For those of you who haven't followed events since this new regulation took effect on October 1, 2006, here's some historical insight.

When they first brought out this new regulation, many of us Thaivisa members argued back and forth over the correct interpretation thereof. Most of us were convinced it had to be a rolling 6 months to make any sense at all. We even started using Schengen Visa calulators, convinced that this was definitely the way it would go.

And then what happened?

After the end of the first 6 month period (circa April, 07), we received reports from some unfortunate members who were only given a few days upon entry instead of an expected 30 days because they had entered Thailand again near the very end of their first 6-month "block". That's when the 6-month "block theory" started.

At that time most people just gave up and started applying for tourist visas instead, just to be safe. Since then, most people have the opinion that if you are not sure, get a tourist visa. This is the advice I'd give the OP, because even now we really don't know what will happen when the OP arrives at Immigration on September 14. It's a gamble.

Most long stayers go for a tourist visa - exempt entry combo of some sort.

[Justaquestion]

Thanks for all the replies! I can't apply for a visa this time as returning to Thailand was a spur of the moment decision and I don't have the time.

If thought through fully and clearly, the rules seem plain and I should be allowed in without any problems. However it seems entirely possible that I will encounter an immigration officer either incapable of understanding the rules or with his own stubbornly held interpretation of them, in which case I doubt arguing will have any effect whatsoever. The actions of the Cambodian immigration officer rather suggest this. At the end of the day, things ARE at the discretion of the admitting immig. officer, so the "rules" have no binding force, however plainly worded they are.

Oh well! As always, confusion reigns! Again thanks for all the replies and I will let know how it went down tomorrow at the airport!

[tropo]

Thanks for all the replies! I can't apply for a visa this time as returning to Thailand was a spur of the moment decision and I don't have the time.

If thought through fully and clearly, the rules seem plain and I should be allowed in without any problems. However it seems entirely possible that I will encounter an immigration officer either incapable of understanding the rules or with his own stubbornly held interpretation of them, in which case I doubt arguing will have any effect whatsoever. The actions of the Cambodian immigration officer rather suggest this. At the end of the day, things ARE at the discretion of the admitting immig. officer, so the "rules" have no binding force, however plainly worded they are.

Oh well! As always, confusion reigns! Again thanks for all the replies and I will let know how it went down tomorrow at the airport!

I'm very interested in hearing how you go. We never get many reports on this particular problem.

[Maestro]

The regulations (Interior Ministerial Announcements dated 1 October B.E. 2545 (2002), 20 December B.E. 2545 (2002), 18 October B.E. 2547 (2004) and 6 May B.E. 2548 (2005)...

The three Ministerial Announcements you cite are still missing in my collection of laws, regulations, etc relating to immigration and I would be grateful if you could give me the links to them or, if they are not on the web, upload them as PDF files attached to a post.

--

Maestro

[digitalchromakey]

The regulations (Interior Ministerial Announcements dated 1 October B.E. 2545 (2002), 20 December B.E. 2545 (2002), 18 October B.E. 2547 (2004) and 6 May B.E. 2548 (2005)...

The three Ministerial Announcements you cite are still missing in my collection of laws, regulations, etc relating to immigration and I would be grateful if you could give me the links to them or, if they are not on the web, upload them as PDF files attached to a post.

--

Maestro

Hi Maestro, I lifted the dates from the MFA website Tourist Visa Exemption they seem to be commonly quoted, but all in direct copies of this self same MFA english language page.

Will do some homework ....

[Maestro]

Forget it, then, digitalchromakey, don’t spend any time on it. Most likely those Ministerial Announcements are not related to the 90-day limitation of visa-exempt stay within 6 months, but to the list of countries whose nationals are allowed visa-exempt entry and for what duration per entry. The 90-day limitation came in September or October 2006 with Police Order 608/2549.

--

Maestro

[Justaquestion]

This is the OP. Came in without any problems and was granted a full thirty days. The woman at the airport barely glanced at my passport, even though it is old, battered and fairly bursting with dozens upon dozens of old Cambodian visas and old entry stamps. Now that I think about, the people at the airport almost NEVER look at my passport to see how many times I have or have not been here - I get the strong impression that as long as you are presentable and normal looking you can get an indefinite number of back to back visa exemptions provided you come in through the airport and dress cleanly and neatly. Wouldn't like to put it to the test, though.

On the other hand she DID scan my passport electronically, so it is quite possible that the airport immigration is hooked up to a system which flags anyone who has been in the country more than three times in six months - who knows, pure speculation on my part. Anyways that marks the end of the saga for me! Next time I get a visa

Cheers!

[visarunner]

On the other hand she DID scan my passport electronically, so it is quite possible that the airport immigration is hooked up to a system which flags anyone who has been in the country more than three times in six months - who knows, pure speculation on my part.

Cheers!

No system exist to calculate your 90days.

[tropo]

On the other hand she DID scan my passport electronically, so it is quite possible that the airport immigration is hooked up to a system which flags anyone who has been in the country more than three times in six months - who knows, pure speculation on my part. Anyways that marks the end of the saga for me! Next time I get a visa

Cheers!

This is incorrect. You are allowed as many entries as you like as long as they don't total more than 90 days within 6 months.

Thanks for the report.