Keep getting taken aside at immigration

[ShugNorris]

Hi all,

So, basically I work in Hong Kong now, my family are in Phuket so I fly back every two to three weeks for a long weekend.

Every time I pass through I get flagged now, the officer says there are new rules in place now.

I have spent about 5 months of the last year in Thailand (in different visits) but now, as I am full time in Hong Kong, I just return for weekends and don't see the requirement for a visa.

From what I understand, they can't reject entry if I have a return ticket / money (usually I only go for a few days but at times of annual holidays etc will be one or two weeks)

Is it worth me getting some kind of visa? I would need a multiple entry visa?

Any advice would be appreciated, it is tiresome to que at Phuket for about 30 mins and then get taken aside every time and quizzed and I never feel that confident flying in now just in case I get sent back or something)

Thanks

Shug

[OMGImInPattaya]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

Edited July 12, 2016 by OMGImInPattaya

[ubonjoe]

If you are flying into Phuket that could be part of the problem. They have a history of taking people to the side that should not be bothered.

If your family is Thai you could get a multiple entry non-o visa that would allow you unlimited 90 day entries for a year.

[BritTim]

Another option would be to fly via Bangkok and clear immigration there. It might not even cost more, though the convenience factor of flying direct would need taking into account.

[Thanyaburi Mac]

Married to a Thai? If so, how about a one year extension based on the marriage and a multiple re-entry permit. That looks like it'd fit your situation.

Mac

[chrisinth]

Married to a Thai? If so, how about a one year extension based on the marriage and a multiple re-entry permit. That looks like it'd fit your situation.

Mac

As long as he is sure he can be in country for the renewal process/new extension of stay. Otherwise he will need to start the entire process again.

IMO the OP is one of many where the option of a multi-non-O is likely the best option for this type of travel history.

[gdgbb]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

"I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry."

There is no "must" about it when it comes to immigration. There are regulations that are then allowed to be interpreted by competent officials, the IOs. They have the final say on whether anyone is permitted to enter the country regardless of whether any individual meets the official criteria.

[bamukloy]

If your asking the reason, IMO, they have been more cautious since the bombing in Bkk.

At around about the same time the powers intended to bring Thailands immigration policy (somewhat) in line with world standards.

Also, they seem to think that making people obtain a visa from a consulate will deter the bad guys, since they have to go through the screening process.

In any case you cant really blame them, as any blow in can get a visa exempt at an airport, could be jack the ripper for all they know.

And expecting to just blow in time after time for free wouldnt impress them either i think.

Anyways, lucky that the Thais leave other avenues open for us in visa grey areas.

In your case its not to hard..just get a visa.

Many who dont work now have to fly back to their home countries to obtain multiple entry visa so you are getting off lightly actually.

[Baerboxer]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

No they mustn't. Immigration officers can deny entry if they want to. No matter if you have a visa or are relying on a visa exempt entry. Not just Thailand. Most countries state that visas do not convey automatic entry rights, it is at the discretion of the officers at the port of entry.

[LawrenceChee]

Mate this happens to me...i never had an issue with flying in / out with my passport using the visa waiver method.

This year after 21 in/out for this year, the immigration told me it's time to get the correct visa as this is not the right thing...so I am in Laos this week and sorted it out with a one year multi entry visa and all set.

It's a nuisance and I always carry cash / flights since I am in for a few days and then out again for work.

[onionluke]

The non immigrant o multi is your best option. If you have a HK id card the consulate in HK can issue the visa.

You will need your marriage certificate and bank statements , proof of address in HK and a job letter will help.

[jspill]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

No they mustn't. Immigration officers can deny entry if they want to. No matter if you have a visa or are relying on a visa exempt entry. Not just Thailand. Most countries state that visas do not convey automatic entry rights, it is at the discretion of the officers at the port of entry.

For Thailand technically you can only be denied for 2 reasons under section 12 of the immigration act, suspicion of working / lack of proof of funds. He's correct if you have the 20k Thai baht and a flight ticket out you bypass those reasons.

Yes any IO a legal right to deny entry but they need one of those reasons to do so, here's ubonjoe confirming - http://www.thaivisa.com/forum/topic/923607-too-many-visa-waiver-entries/#entry10836764

And it'd also usually be escalated to a supervisor.

So saying it's 'at their discretion' and 'if they want to' they can deny entry isn't strictly accurate.

[Suradit69]

Married to a Thai? If so, how about a one year extension based on the marriage and a multiple re-entry permit. That looks like it'd fit your situation.

Mac

As long as he is sure he can be in country for the renewal process/new extension of stay. Otherwise he will need to start the entire process again.

IMO the OP is one of many where the option of a multi-non-O is likely the best option for this type of travel history.

"As long as he is sure he can be in country for the renewal process/new extension of stay."

And if he is using an extension based on marriage, aside from being in country for the application procedure, he's likely to have an "under consideration" period that would make it even more difficult to fit into his schedule.

[elviajero]

"From what I understand, they can't reject entry if I have a return ticket / money (usually I only go for a few days but at times of annual holidays etc will be one or two weeks)"

• They can deny entry even with a return ticket / money. Visa exempt entry is for tourism and you clearly aren't a tourist.

As suggested, if you are married to a Thai, you could get a multiple entry non 'O' visa. It will be valid for 1 year from the date it's issued and you can enter as often as you want during that year. The maximum stay per entry is 90 days which you could (if required) be extended by 60 days at your local immigration office.

[elviajero]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

No they mustn't. Immigration officers can deny entry if they want to. No matter if you have a visa or are relying on a visa exempt entry. Not just Thailand. Most countries state that visas do not convey automatic entry rights, it is at the discretion of the officers at the port of entry.

For Thailand technically you can only be denied for 2 reasons under section 12 of the immigration act, suspicion of working / lack of proof of funds. He's correct if you have the 20k Thai baht and a flight ticket out you bypass those reasons.

Yes any IO a legal right to deny entry but they need one of those reasons to do so, here's ubonjoe confirming - http://www.thaivisa.com/forum/topic/923607-too-many-visa-waiver-entries/#entry10836764

And it'd also usually be escalated to a supervisor.

So saying it's 'at their discretion' and 'if they want to' they can deny entry isn't strictly accurate.

Section 12.2 and 12.3 are the most common reasons, but what about Section 12.1 and 12.10 (section 16)?

[Ronuk]

Plenty pulled to one side Sunday evening when I flew in. That had return tickets and money but I/O never liked the fact they had no visa and the the return flights were over 30 days in advance. People being told to get visas and not being allowed to do extensions or visa runs. People being told they had done too many in the past, particularly to Laos. I have no idea what the out come was as I was through and on my way.

[JSixpack]

Why don't you get a letter in Thai drawn up with all the questions they usually ask you, with the answers, sign it and get one of the Immigration officials to sign it, the higher up the better. Then just present the letter before you can eve be taken aside. Possibly the letter could come from a lawyer in Phuket, signed and stamped. If pulled aside, you can present and request the Immigration official to approve and stamp/sign it, with something, "Right on! Good farang here, don't cause 'im any grief."

Just throwing this out as an idea. May not work, but me, I'd probably give it a try.

[jspill]

Section 12.2 and 12.3 are the most common reasons, but what about Section 12.1 and 12.10 (section 16)?

Those too. Pretty common sense though, those reasons are not having a passport, and being blacklisted already Not really relevant to the OP.

[TSF]

Married to a Thai? If so, how about a one year extension based on the marriage and a multiple re-entry permit. That looks like it'd fit your situation.

Mac

Absolutely spot on. Married to a Thai, in and out the country frequently, IMO it's absurd not to have a long-term visa + multi-reentry. The OP can come and go as he sees fit.

[elviajero]

Section 12.2 and 12.3 are the most common reasons, but what about Section 12.1 and 12.10 (section 16)?

Those too. Pretty common sense though, those reasons are not having a passport, and being blacklisted already Not really relevant to the OP.

Read 12.1 again. It is very relevant to the OP.

"Visaing and visa exemption will be under the learn and conditions as provided in the Ministerial Regulations."

And section 16 gives the Ministry carte blanche and allows for any individual or group to be denied entry. Abusing visa exempt entry being a current example.

[sead]

So if you have a good income just take Thai elite visa.

[fletchsmile]

Married to a Thai? If so, how about a one year extension based on the marriage and a multiple re-entry permit. That looks like it'd fit your situation.

Mac

That's also what I used to do.

The main disadvantage is the additional waste of time in the country, and cooridinating the timings if you're working elsewhere:

1) Need to attend to apply each year in person = waste half a day. Then they give you one month pending approval. If you're going to visit again before that 1 month is up you need to apply and queue for a re-entry permit. Might get both done in a morningg if lucky. If not may stray to after lunch

2) so you need to go back a month later to get the full year = waste another half a day, plus blocks an inflexible time frame in your calendar. Definitely get a multiple re-entry permit just after at this stage. You can only start to queue after you've got the visa though if they examine your documents and passport as they want to see a photocpy of your visa page

3) Additional time getting the other documents, eg applying for the bank letter, updating your pass book on the actual day, collecting your bank letter

I kept mine going this way while working out of country as I didn't want to go back to square one.

Cheers

Fletch

Edited July 12, 2016 by fletchsmile

[Wuvu2]

If you are flying into Phuket that could be part of the problem. They have a history of taking people to the side that should not be bothered.

If your family is Thai you could get a multiple entry non-o visa that would allow you unlimited 90 day entries for a year.

I really don't know why anyone bothers to make posts about immigration questions once Ubonjoe has responded. His groc of the system seems definitive.

Ubon dude- you've given some great help over the years. I hope you know how much you are appreciated.

[ThaiWai]

Avoid Phuket international entry at all costs. After a 20 hour flight I waited 2 hours (not even a second of exaggeration) to get through immigration this week. There were fights breaking out on the lines and one child passed out for obvious medical reasons and paramedics were called to evaluate him. Lines were randomly opened and then closed causing mass confusion and volatility. There were easily 1000 people waiting to be processed and the I/O's could not have cared less. There is no serpentine rope line like every other airport in the world so it's just a mass of people fighting for the front of the line. I will do everything in my power to avoid entering through Phuket in the future. Shameful lack of planning execution and professionalism. Whoever is in charge there needs to be fired and then shot out of a cannon.

[ShugNorris]

Thanks guys, all the information is greatly appreciated from everyone who has taken the time to reply, 8 years on this forum and always been the top source for all the processes I've gone through.

The Elite visa is something to consider, I earn a decent salary, but forking out 500k for a visa and a few privileges is maybe too much for me to stomach. I see the appeal though, especially the fast track through Phuket immigration.

I think, to settle for the inconvenience of the visa process once a year perhaps it may be acceptable and I can probably arrange my time to be present for visa renewals etc.
I am married to Thai, yes, and two kids so I think at this time I will take the advice for the multiple entry marriage visa.

Thanks again, appreciated.

[OMGImInPattaya]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

"I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry."

There is no "must" about it when it comes to immigration. There are regulations that are then allowed to be interpreted by competent officials, the IOs. They have the final say on whether anyone is permitted to enter the country regardless of whether any individual meets the official criteria.

Well, there is some disagreement on this point...with some knowledgeable members stating that the frontline IOs DO NOT have discretion to deny entry to someone who meets the stated criteria.

[OMGImInPattaya]

You could get a non-immigrant multiple-entry visa based on marriage or having a Thai family. That would give you peace of mind. However, I think as long as you have Thai baht 20k or equilivent and a ticket out they must allow you entry. Elite visa is also an option.

No they mustn't. Immigration officers can deny entry if they want to. No matter if you have a visa or are relying on a visa exempt entry. Not just Thailand. Most countries state that visas do not convey automatic entry rights, it is at the discretion of the officers at the port of entry.

I believe one of the main mods of this sub-forum has stated the exact opposite is the case...at least for Thailand. I mean, just think of the opportunities for backhanders if the frontline IOs were given the power to deny entry to people who met the criteria for their situation/nationality. Even the department brass don't trust the line officers with this discretion. They can stop and question and refer the visitor up the chain of command for a final decision and that's all they can do.

[sikishrory]

If you are flying into Phuket that could be part of the problem. They have a history of taking people to the side that should not be bothered.

If your family is Thai you could get a multiple entry non-o visa that would allow you unlimited 90 day entries for a year.

Is that based on marriage or based on children and girlfriend?

[ubonjoe]

If you are flying into Phuket that could be part of the problem. They have a history of taking people to the side that should not be bothered.

If your family is Thai you could get a multiple entry non-o visa that would allow you unlimited 90 day entries for a year.

Is that based on marriage or based on children and girlfriend?

Either one is possible. But getting one based upon being the parent of a Thai is not as easy to get as marriage.

At this time Phuket Penang is the only place to get one nearby based upon being a parent but you will need to show 400k baht in the bank or proof of income.

Edited July 13, 2016 by ubonjoe
fixed typo

[elviajero]

If you are flying into Phuket that could be part of the problem. They have a history of taking people to the side that should not be bothered.

If your family is Thai you could get a multiple entry non-o visa that would allow you unlimited 90 day entries for a year.

Is that based on marriage or based on children and girlfriend?

Either one is possible. But getting one based upon being the parent of a Thai is not as easy to get as marriage.

At this time Phuket is the only place to get one nearby based upon being a parent but you will need to show 400k baht in the bank or proof of income.

UJ I think you have a typo and meant Penang, Malaysia.