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Foreigners That Are Exempted From The Visa


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Please see my comments below in []. I've taken the time to add the specific sections from the Act which might help shed some light on this. Naturally, I stress, this is just my opinion and may be flawed. For ease and to avoid semantics, I've consistently used the term 30 day stamp, which I'm sure by now is suitably clear to all.

Despite the caretaker status of the government, I don't see that there is anything here which could not be introduced. There are no changes to the validity or status of arrangements made, though if anyone can find Ministerial Regulation of 16 August 2002 that would be useful for further clarity.

I'm sure many will disagree with what I put here, but my aim is to assist the discussion and I accept that a key element herein is based on an implication of the wording. There is a lack of clarity here, which is most surprising.

Regards

/edit add Section 12(1) from the act, sorry missed it first time, all this ctrl+c stuff //

====================================================

As the Interior Ministerial Regulation has stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the Visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002) and the Ministerial Regulation (Volume 2) B.E. 2546 (2003) dated on 28th March B.E. 2546 (2003) prescribed the criterions, practices and conditions regarding the exception in the Visa requirements pursuant to the Article 12 (1) of the Immigration Act B.E. 2522 (1979). [section 12(1) deals with those who are allowed entry without 'visaing' of their passports, in other words those who may enter with a '30 day stamp'. Of course they may apply for visa prior to travel, or even upon arrival, though the second point is still a question mark. If they do then this regulation does not, IMHO affect them.]

For supporting the approval permission to the foreign nationals who are exempted from Visa requirements when entering to temporarily stay in the Kingdom of Thailand to be in order pursuant to the intention of the Thai Government, under the virtue of the Article 35 of the Immigration Act B.E. 2522 (1979) [This section set out the conditions for temporary stay, and I've add the full section, and the cross related section 24 below ] and the Article 11 (4) of Royal Thai Police Act B.E. 2547 (2004), the authorized Immigration Officer shall be lawfully appointed and authorized to permit the foreign nationals who get the exemption of Visa requirements for entering to temporarily stay in the Kingdom of Thailand in accordance with the following types of exemption:

1. Passport holder of the country that has made an agreement with the Thai government, according to the Interior Ministerial Regulation which stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the Visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002), Article 13 (1), shall be permitted to have the right to stay in Thailand according to the period which is mutually agreed between the government of Thailand and the government of the passport holder. [This refers to the extant 40 countries+HK SAR and the associated 'visa free' lists]

2. Passport holder from the country which has no Royal Thai Embassy or the Royal Thai Consulate located in that country as the Minister of the Interior has stipulated under the consent of the Cabinet, according to the Interior Ministerial Regulation which stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002), Article 13 (2), shall be permitted to stay in Thailand not exceeding to 30 days from the arrival date. [standard Requirement to cover this situation]

3. According the Article 13 (3) of the Ministerial Regulation which stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002), within six months period, the holder of passport or substitutive documents which issued by any country that is approved by the Minister of the Interior, under the approval of the Cabinet, to enter to temporarily stay in Thailand for tourism purpose, shall be permitted to enter Thailand several times. Each permitted time shall not be exceeding [This implies that one day stay is the equivalent of 30 days] 30 days period, and the total period shall not be exceeding 90 days from the first day that the passport holder arrived in Thailand. [Therefore one may enter more than 3 times but after 90 days have elapsed from the date of first entry, that is it. To clarify, assuming my imprecation is correct, if over a 90 day period from first date of arrival the traveller uses the 30 day stamp process 10 times that's OK, however, once 90 day have elapsed from date of first entry the 30 day stamp process will be unavailable for the period specified herein, six months {curious it's not 180 days}, and there is no indication as to the application of this, e.g. Retrospective]

4. According the Article 13 (4) of the Ministerial Regulation which stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002), the holder of passport or other substitutive documents who enter to temporarily stay in the Kingdom of Thailand for the conference or the international sport contest shall be permitted to stay in the Kingdom not more than 30 days from the day arrived in the Kingdom of Thailand. [This is usually covered by the separate Transit Visa]

5. According the Article 13 (5) of the Ministerial Regulation which stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002), the holder of passport or other substitutive documents of the country that is the member of Asia-Pacific Economic Cooperation (APEC) and holds the APEC businessman passport who enters to temporarily stay in the Kingdom of Thailand for business purpose shall be permitted to stay in the Kingdom not more than 90 days from the day arrived in the Kingdom of Thailand.

6. This Order shall be supersede to all other rules, regulations and orders that are conflicted with this Order.

This Order shall be in full force commencing from this 1st day of October 2006

Order dated on 8th September 2006

Signed Signature

(Police General ---------)

Royal Thai Police Commandant

Section 35 : The Director General or the competent official deputized by the Director General shall have the authority to permit the alien , who entered to stay temporarily in the Kingdom under Section 34 , to remain in the Kingdom under any prescribed conditions. The periods of time which one is authorized to stay in the Kingdom are as Follows :

1. Not exceeding 30 days for a case under Section 34 (4) , (8) and ( 9 )

2. Not exceeding 90 days for a case under Section 34 (3)

3. Not exceeding one year for a case under Section 34 (5) , (10), (11) , (12), (13) , (14) and (15)

4. Not exceeding two years for a case under Section 34 (6)

5. As deemed necessary for a case under Section 34 (1) and (2)

6. As deemed appropriate by the Commission of Investment Promotion , for a case under

Section 34 (7)

If it is deemed necessary that the aliens have to stay in the Kingdom Longer than the period of

time prescribed in the paragraphs (1) (2) (3) and (4) the Director General shall consider granting the

aliens extension of stay for a period not exceeding one year for each time. After granting permission , the Director General shall report to the Commission for their information , with the reason , within seven days from the date of granting.

Each time when applying for an extension of temporary stay in the Kingdom , the alien shall

submit an application and pay the fees as prescribed in the Ministerial Regulations. While waiting for directives the alien may be permitted to stay.

Section 34 : aliens entering into the kingdom for a temporary stay may enter for the below listed activities;

1. Diplomatic or Consular Missions.

2. Performance of official duties.

3. Touring

4. Sporting

5. Business

6. Investing under the concurrence of the Ministries and Departments concerned.

7. Investing or other activities relating to investing subject to the provisions of the law on

investment promotion.

8. Transit journey.

9. Being the person in charge of the crew of a conveyance coming to port, station , or area in

the Kingdom.

10. Study or observation.

11. Mass media.

12. Missionary work under the concurrence of the Ministries and departments concerned.

13. Scientific research or training or teach in a Research Institute in the Kingdom.

14. The practice of skilled handicraft or as a specialist

15. Other activities as prescribed in the Ministerial Regulations.

Section 12 : Aliens which fall into any of the following categories are excluded from entering into the Kingdom :

1. Having no genuine and valid passport or document used in lieu of passport ; or having a genuine and valid passport or document used in lieu of a passport without Visaing by the Royal Thai embassies or Consulates in Foreign countries ; or from the Ministry of Foreign Affairs , excepting if a visa is not required for certain types of aliens in special instances. Visaing and visa exemption will be under the learn and conditions as provided in the Ministerial Regulations.

Edited by A_Traveller
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There are a lot of 'dodgy' people here who have no money and no WP. More than a few have warrants from their native countries. They scrounge around somehow and make the monthly 'visa run' usually on public transportation. The problem for Immigration; how to rid the country of this vermin but not run off some of the 'good folks' (with money, internet job maybe, etc.) in the process? Not an easy problem to solve. If I'm reading things right coming back in country by plane and you're okay.......the vermin can't afford this. :o

I think this has less to do with "vermin", as you so elequently put it, and the (as yet completely theoretical) opening of the new airport....

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excuse me for being really thick...90 days on VOA only or following expiration of a tourist visa (60 day + 30 day ext) ie, can one do 90 days on VOA after the expiration of a proper visa?

I still think this is will work. I think you are correct.

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excuse me for being really thick...90 days on VOA only or following expiration of a tourist visa (60 day + 30 day ext) ie, can one do 90 days on VOA after the expiration of a proper visa?

I still think this is will work. I think you are correct.

Sorry, but if the intention is to enforce the act, then no. The position in section 35 2. Not exceeding 90 days for a case under Section 34 (3) which in turn is for Touring. {See my post above}.

Further whichever way around you do it, questions will be asked. So if you get a visa {60+30 assuming you get the additional 30 days, not a given it seems now} and then try for a 30 day stamp you may have problems and questions like where's your air ticket to leave &tc.?

Regards

PS It is to be hoped that greater clarity will emerge tomorrow.

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I think regardless of the number times,

They will look to the earliest entree stamp,

within the last 90 days.

and use that.

Of course this will REALLY cause immigration slowdowns

as they jot down stamps on various pages trying to find

your LAST 6 MONTHS of Thai visa history.

They are unliekly to computer database

all entrees, and even those that they do,

will likely NOT be without mistakes,

needing to be cross-checked by hand...

It all sounds like a true horror show,

at the new airport hub of SE Asia....

If they just simply said ;

Within an 6 month period,

starting at your 1st entree,

you have 90 cumulative days

of stay in Thailand,

then you must wait 90 days

before re-entering.

So what happens for those people

that come for 2 weeks every 2 months?

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Yes beats is full of useless & incorrect information. Hey newbie - open your eyes & ears & close your mouth.

After you have been here 6 or 8 weeks you can be my Thai lawyer.

If you can let me know where my information is incorrect, I'd like to see it. If not <deleted>.

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Your hypothetical friend needs to (shock & horror) get his ass back to a Thai consulate & explain to them what he wants to do & they will tell him what type of visa he needs. Why do you people insist on trying to bend the rules to suit yourselves. It's their ball & their field. Get used to it.

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There are a lot of 'dodgy' people here who have no money and no WP. More than a few have warrants from their native countries. They scrounge around somehow and make the monthly 'visa run' usually on public transportation. The problem for Immigration; how to rid the country of this vermin but not run off some of the 'good folks' (with money, internet job maybe, etc.) in the process? Not an easy problem to solve. If I'm reading things right coming back in country by plane and you're okay.......the vermin can't afford this. :o

Yep ! Hit the nail right on the head there Blue !

And its this vermin that create the negative vibe such as claims that the economy will be affected, no tourists will come to Thailand, better to live in Malaysia, etc, etc...

I think this is fantastic news for the nation and will truely put Thailand back in its rightful place on the map, as the REAL Land of Smiles !! :D

Man what I wouldnt do now to be sat in the Cathouse on Soi 4 listening to all those whining cheapos complaining ! :D

No money, no WP = dodgy "vermin" ?

Having money and a WP are the criteria that makes you a respectable citizen ?

Good that there will be no EQ/IQ test linked to the visa requirements or it would seem some people with money and wp might find themselves booted as well.

Taxin, you can run for pm, you seem to have the right views to make a good candidate to follow up the current man in charge.

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Let me clarify what I am seeing. Every post in a quick skim after my post #79 talks about allowing entry hence agreements with other countries. This change is about denying entry. All the documents presently used are legal between countries. This is just an outright denial of entry thus going beyond what the respective countries have agreed to.

If the USA suddenly said that Thailand is off limits or entry limitations have been restricted, I am sure I would get an email saying to pack my bags or at least consider my options. I have not received any notice from the US embassy saying that this is what to expect. Until so I tend to think that this is all just political smoke to cover Thaksin’s dirty work on trying to get reelected.

This issue does not effect me in that I have a non B visa, however now that the letter of the law is posted, I can clearly see international problems at the highest levels between Thailand and other governments if they activate it on October 1.What Thailand does in Thailand is Thailand’s business, crossing borders is international business.

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Let me clarify what I am seeing. Every post in a quick skim after my post #79 talks about allowing entry hence agreements with other countries. This change is about denying entry. All the documents presently used are legal between countries. This is just an outright denial of entry thus going beyond what the respective countries have agreed to.

If the USA suddenly said that Thailand is off limits or entry limitations have been restricted, I am sure I would get an email saying to pack my bags or at least consider my options. I have not received any notice from the US embassy saying that this is what to expect. Until so I tend to think that this is all just political smoke to cover Thaksin’s dirty work on trying to get reelected.

This issue does not effect me in that I have a non B visa, however now that the letter of the law is posted, I can clearly see international problems at the highest levels between Thailand and other governments if they activate it on October 1.What Thailand does in Thailand is Thailand’s business, crossing borders is international business.

Its not a denial of entry - its a warning that previously stated regulations will be enforced to the letter of the law from Oct 1st. In any case, any sovreign nation has the right to deny entry to anyone it deems fit.

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This is just an outright denial of entry thus going beyond what the respective countries have agreed to.

HARDLY!! Most countries do not offer VOAs at all. If you do not get a visa to the US and fly over (assuming the airlines let you do so!) you will be promptly repatriated, unless you qualify for asylum.

It isn't illegal, or even all that unusual for a country to tighten its immigration policies...

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As we can see this law has been on the books for some time, it looks like now they're going to enforce it.*

From my reading it seems that you have as many entries as you like in Thailand but can only spend a total of 90 days here in a six-month period. Thus when you turn up at the border, they will count up the number of days you've spent here in the last six months.

Doesn't really clear anything up but I guess we'll find out more after the meeting tomorrow.

Can you see the situation at the immigration desk on arrival... the officer flipping through each page of your passport counting the days for each stay in Thailand over the past 6 months. That's going to cause serious delays at the immigration desk lines unless they can automate it somehow.

Cheers,

-oev

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FYI:

Attached is notice from Thai Immigration website, valid from Oct 1, 2006:

http://www.immigration.go.th/nov2004/2notice/newpro.html

Ok, now it's clear.

Difficult to do more "official" than this page -in english- on the Immigration website.

One element is really interesting : "decentralization". It's nice, it sounds like a report of Athur&Andersen.

Read it.... it's a bit scary.... "Immigration officers at operational level will be more authorized to make the decision making" !

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Like many I guess, I've not been able to get on the board for a few hours, however, find below the English text of the Immigration website notices which are in image form with Thai language above each section.

Hm, is it me or do these all add up to more?

Regards

Principals and Reason

Because the previous immigration procedures have not been updated since 1997, the immigration bureau has improved and revised the above mentioned in order to provide travellers with our best services as well as to strengthen national security

Visa Exemption [30 day stamp]

Passport holders from 39 exempted countries will be able to enter into the Kingdom of Thailand without visa and remain in Thailand for 30 days per each visit. However, the total duration of stay should not exceed 90 days within a six month period, counting from the date of first entry.

Tourist Visa

* Nationals of 43 listed countries may enter the Kingdom of Thailand with a tourist visa, in accordance with the Ministry of interior's regulations, for a maximum stay of 60 days for the purpose of tourism only.

* Other nationals may enter the Kingdom of Thailand with tourist visa for 30 days

Decentralization

The principal of Decentralization is applied to all process. Immigration officers at operational level will be authorized to make the decision making. The shorter chain of command, the faster performance.

Extension for Business

* Foreigners must have work permit

* The business has a registered capital stocks not less than two million Baht

* The business must have income enough to pay the salary of the employees, including fringe benefits for all foreigners in their company's next year accounts

* The totals of shareholders in the balance payment will not less than one million Baht

Link

http://www.immigration.go.th/nov2004/2notice/newpro.html

/edit typo //

Edited by A_Traveller
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To me it looks fairly straight fwd. the day you try to enter, they look back 6 mo's and count the number of days you have been in the country on stamps started in that period. ie: if on oct 1st, you had a stamp in your passport dated May 30th but you left on June 29th, those days should'nt count because you were stamped in more than 6 months ago. So if you timed it right you could actually be in the country 4 out of 6 months. This would make it easier for offshore guys. I am fairly certain this is how its going to be. If it was the number of days in 6 months they would have just said that. If it was simply 3 stamps in 6 months they would have just said that too. I am hoping anyway

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If it was the number of days in 6 months they would have just said that. If it was simply 3 stamps in 6 months they would have just said that too. I am hoping anyway

I don't understand : they say "total duration stay can not exceed 90 days per 6 month period".

So it's a good news : many off shore people can still come and go (for short trips, week ends, business meeting) etc.

It's clearly not the 3 stamps in 6 months

Edited by cclub75
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Picture_2.jpg

I think this spells it out pretty clearly.

1. The new rule (or new interpretation/enforcement of an existing law), applies specifically and only to passport holders granted a 30 day visa exempt entry stamp. This rule does NOT apply to Visa-on-Arrivals (VOAs) which is an entirely separate and even more restrictive (15 day stay) category.

2. What Immigration cares about is how long you stay in Thailand during a six month period using visa exempt entries. This can be no longer than 90 days. It is NOT the elapsed time from the beginning of the period. What this means is you may enter and leave Thailand as many times as you want during the six months as long as the days actually spent in Thailand totals no more than 90.

3. One extreme example of this is three consecutive 30 day stays that use up all the time permitted on each entry stamp followed by 90 days spent either outside Thailand or re-entering using an actual visa obtained from a Thai consulate in another country. At the other extreme are 15 day stays followed by 15 days outside Thailand which could continue indefinitely without violating the six month rule.

4. Enforcement of this rule, I think, necessarily requires all Immigration border points to be connected to the central database so that a computer can add up the total visa exempt entry days in Thailand over the last six months. I can't imagine they would expect individual officers to page through passports and add up the days by hand. I think the 10 Sept Bangkok Post article said only 15 of 55 border points were online. Given the rule goes into effect October 1 they have essentially three months to get everybody online before a border runner has the chance to slip through illegally.

Edited by Michael W
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If it was the number of days in 6 months they would have just said that. If it was simply 3 stamps in 6 months they would have just said that too. I am hoping anyway

I don't understand : they say "total duration stay can not exceed 90 days per 6 month period".

So it's a good news : many off shore people can still come and go (for short trips, week ends, business meeting) etc.

It's clearly not the 3 stamps in 6 months

Right now, it's not clear at all, since it is common for countries to count by waiver stamp value not duration of days per se, therefore staying 1 day on a 30 day visa waiver {aka 30 day stamp} = 30 days elapsed.

Right now the two sets of texts, the supplied Order 608, and the summary texts above are not at all clear. Further there is still no indication as to where the '6 months' is calculated from come October 1.

Where's my Ponstan 500!!!!!!

Regards

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For the ones that to still want to stay in Thailand all year around it will be no problem to continue doing this.

Even if the consulates in the sourranding countries of Thailand thightened the 60 day tourist visa to only be allowed as a single entry.

Example.

Lets say you start off in the same day as the new visa rules are put into action.

01 october you are entering Thailand after being to a consulate like in for example Penang and got your 60 days tourist visa single entry.

29 november you go to the immigration and apply for an extension of 30 days.

28 december you go to any border crossing for for a 30 day VOA (visa on arrival).

27 january you go to any border crossing for for a 30 day VOA (visa on arrival).

25 february you go to any border crossing for for a 30 day VOA (visa on arrival).

This will be the last 30 day VOA you can get for this period as the maximum stay in Thailand on VOA will be 3 x 30 days.

NOTE! In this situation you will actually not get a total of 90 days but only 88. This because the last day of the 30 day VOA visa also will be the first day on the next 30 day VOA. In the above case 27 january will eat up one extra day and also 25 february.

26 march head down to Penang in the early morning and get your 60 days tourist visa single entry.

This visa is ready in the afternoon on the 27 march.

27 march enter back into Thailand with your 60 day tourist visa single entry

25 may you go to the immigration and apply for an extension of 30 days.

23 june you go to any border crossing for for a 30 day VOA (visa on arrival).

22 july you go to any border crossing for for a 30 day VOA (visa on arrival).

21 august you go to any border crossing for for a 30 day VOA (visa on arrival).

This will be the last 30 day VOA you can get for this period as the maximum stay in Thailand on VOA will be 3 x 30 days.

19 september head down to Penang again and start it over again with the 60 day tourist visa.

The tricky part here could be this though. As the visas are counted in days but the immigration periods are counted in months and also together with your VOA`s eating up some days you are actually missing some days to complete the 6 months period.

So if you look at the first day of your first 30 day VOA in this case which was 28 december and count 6 months you will end up with 28 june. If you go back up in the post you will see that according to this plan you should start your second time of the 3 x 30 days VOA on june 23.

If the immigration officer is quick doing his math or it all being computerized and you might not be able to enter Thailand before the 28 june.

Easily solved with a few days holidaying in Penang moving the whole plan forward the extra needed days.

Wether they will enforce these missing days is unknown. You allready had a 60 days tourist that was extended into 90 days in the months between and it might be considered as starting from scratch again. who knows..

With the text saying entering to be allowed "several times" I am afraid the thai government actually just made a loophole for themselves to use.

More easy to crack down on the monthly border runs but perfect for welcoming golfers, shoppers, business people or the ones that are here just killing off some days every month.

If this loophole is made to be played with by the government and it would be nothing else than a threat to democracy.

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And in pictures no less... with summary text in Thai and English

Note the title of the page... Principal and Reason

Link

http://www.immigration.go.th/nov2004/2notice/newpro.html

/edit to highlight text point//

What worries me is the final sentence in the Visa Exemption section: "However, the total duration of stay should not exceed 90 days within a six month period, counting the date of first entry." Does this mean the total duration fo stay under a Visa on Arrivel (VOA) should net exceed 90 days? Or does it mean that if you have already stayed 90 days on a Tourist Visa that you will not be allowed a VOA for 90 days?

Some people (me) with an outside source of income want to live legally in Thailand and do not want to work right away or start a business, are not 50 or older and in general do not meet the criteria of other kinds of visas. Do we have the option of entering the country on a 60 day tourist visa, extend it for 30 more days, then do three VOA's for another 90 days? Or does someone who wants to spend more than 90 out of 180 days in Thailand need a visa other than a Tourist and VOA combination?

Allow me to emphasize that I want to stay in Thailand legally; please do not reply with subjective rants about the character of a person who wants a long break after a 20 year military career. I would like credible information that applies to this topic. In other words--Sunbelt Aisa....Help!

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3. According the Article 13 (3) of the Ministerial Regulation which stipulated the criterions, practices and conditions regarding the verification, exception and the changes in the visa requirements B.E. 2545 (2002) dated on 16th August B.E. 2545 (2002), within six months period, the holder of passport or substitutive documents which issued by any country that is approved by the Minister of the Interior, under the approval of the Cabinet, to enter to temporarily stay in Thailand for tourism purpose, shall be permitted to enter Thailand several times. Each permitted time shall not be exceeding [This implies that one day stay is the equivalent of 30 days] 30 days period, and the total period shall not be exceeding 90 days from the first day that the passport holder arrived in Thailand. [Therefore one may enter more than 3 times but after 90 days have elapsed from the date of first entry, that is it. To clarify, assuming my imprecation is correct, if over a 90 day period from first date of arrival the traveller uses the 30 day stamp process 10 times that's OK, however, once 90 day have elapsed from date of first entry the 30 day stamp process will be unavailable for the period specified herein, six months {curious it's not 180 days}, and there is no indication as to the application of this, e.g. Retrospective]

1. you are ignoring that this is translated from thai. this is very tortured english, and obviously wasn't easily translated. we can sit here debating how to interpret it, but it is very likely that we have lost all ability to do that, not because of our limited intellects, but because of what is lost in translation.

2. i don't agree that that saying "each permitted time shall not be exceeding" implies that "one day stay is the equivalent of 30 days."

3. you completely ignore the "within six months period," phrase in line 3, which sets context for the rest of the paragraph, including the part that says, "the total period shall not be exceeding 90 days from the first day that the passport holder arrived in Thailand." a perfectly legit interpretation, given the "within 6 months period" clause, is that "within the 6 month period of the first day you enter thailand, you can't stay more than 90 days total," and this is the way i personally read it.

but again, our opinions on this are pointless. we have no authority and we're not thai legal experts, we're simply a bunch of guys interpreting an english translation of a thai rule.

we'll know soon enough what these new rules really mean when the thai employees who check passports at the borders and airports explain it to us, by implementing the new rules.

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