Have I got an insurmountable problem

[PJPom]

I have just got back from a flight from Kuala Lumpur to Krabi to get another 30 days extension and thought I was going to be refused entry.

I came to Thailand on the 22 August last year with just the thirty days at entry, I extended it at Krabi for another thirty days without any problems.

I then went for a week in Penang and of course got a 60 day plus 30 from Krabi with only minor comments, so today I flew to KL and on my return thought I was in big trouble, the IO said that you are only allowed 180 days and took some very polite persuading that August to January was less than that.

I have been given 30 days, is this all I can get, should I do another run to Penang as I want to stay until April then I will return to Australia and sort out to move here.

I hope someone can give me some simple advice, without crawling there seems to be some very switched on advisors on here..Thanks.

[Nick ZepTepi]

I take it the IO said you can only stay 180 days per year as a tourist? Is that right?

Sent from my Redmi Note 2 using Tapatalk

[ubonjoe]

There is no 180 day limit. That was just false info. Best to use a different airport if you want to do it again.

You can get a 30 day extension of your entry but that will only allow a stay until March.

Probably best to to out for a new tourist visa in Penang.

 

[PJPom]

That's what the IO said, I have read this forum before and thought this was incorrect 

[PJPom]

That reply was to Nick, sorry haven't got the hang of quoting yet

[elviajero]

They are clamping down on the over use of Visa Exempt Entry. There is always the possibility of being given a hard time or being denied entry using this method to live in Thailand.

 

You should have no problem getting a 30 day extension of stay.

 

You should have no problem entering with a Tourist Visa.

[elviajero]

5 minutes ago, PJPom said:

That's what the IO said, I have read this forum before and thought this was incorrect 

IO's have complete discretion when it comes to allowing Visa Exempt entry, so whether or not an official 180 day limit exists they could apply that (old) rule if they wanted.

[BritTim]

There is no official national rule restricting you to 180 days in a year. However, as with most other things immigration related in Thailand, you might possibly be running afoul of a local rule the senior official at Krabi airport has seen fit to introduce.  If you are ever refused entry, the official reason will not refer to any "180-day" rule. They will likely cite "lack of finances" or "belief you are working illegally" as the grounds. With significant cash on your person, bank statements showing foreign sources of income, and a good explanation for spending long periods in Thailand without working, you might convince them to allow further entries. However, as others advise, better just to enter Thailand elsewhere.

[ubonjoe]

11 hours ago, elviajero said:

IO's have complete discretion when it comes to allowing Visa Exempt entry, so whether or not an official 180 day limit exists they could apply that (old) rule if they wanted.

As far as I know there never was a 180 day rule. Could you post that old rule.

A person can only be denied entry under section 12 of the immigration act not at their discretion.

[recom273]

Krabi airport has been a bit troublesome for some years, rather cruelly, but THB, it's worked, I knew a few people who were working illegally in the tourist industry on ME visas and they got so sick of it and just gave up and went home.

 

They have in the past asked to see 20,000B which they photocopied and told the guys that they shouldn't use the same notes again.

 

Kota Bahru used to be a lot better choice to get a visa and stress-free entry than Penang.

 

 

 

[Estrada]

43 minutes ago, ubonjoe said:

As far as I know there never was a 180 day rule. Could you post that old rule.

A person can only be denied entry under section 12 of the immigration act not at their discretion.

The 180 days rule existed from September 8th 2006 (Order RTP No.608/2549 Clause 3). It only allowed 90days visa free entry in any period of 180 days so more or less, effectively 180days per year. I got in trouble with this myself as I was working 10weeks on 2 weeks off during that period. This rule was replace by Order of RTP No.778/2551 dated November 25th 2008. This is on the Thai Immigration Web Site.

 

The problem is that the individual officers may not have kept update with their own laws and regulations.

Edited January 17, 2017 by Estrada

[ubonjoe]

6 minutes ago, Estrada said:

The 180 days rule existed from September 8th 2006 (Order RTP No.608/2549 Clause 3). It only allowed 90days visa free entry in any period of 180 days so more or less, effectively 180days per year. I got in trouble with this myself as I was working 10weeks on 2 weeks off during that period. This rule was replace by Order of RTP No.778/2551 dated November 25th 2008. This is on the Thai Immigration Web Site.

 

The problem is that the individual officers may not have kept update with their own laws and regulations.

That was not the rule that limited you to 180 days of stay in a year that he was writing about.

It was a total of 90 days on visa exempt entries in 180 days.

[LivinLOS]

8 minutes ago, ubonjoe said:

That was not the rule that limited you to 180 days of stay in a year that he was writing about.

It was a total of 90 days on visa exempt entries in 180 days.

 

 

Well yes but 2 lots of 90 days in 180 comes out to 180 in 360 :) 

[ubonjoe]

3 minutes ago, LivinLOS said:

Well yes but 2 lots of 90 days in 180 comes out to 180 in 360 :) 

He was writing about a supposed rule that limited the total stay on tourist visas  or visa exempt entries in a year. 

[Thares1]

And visa free is something different then having at visa

[JackThompson]

What I would do:

1. Get a Tourist Visa on your trip to Penang.

2. Return via Train through Pedang Besar, then do any further flying on domestic-flights, out of Hat Yai.

 

Have 20K Baht on you in cash or travelers checks when re-entering Thailand.  Though Pedang Besar rarely asks for this, who knows when/if they will adopt the policy of Sadao and ask for this regularly.

[ThaiWai]

It's always the luck of the draw with these guys and gals and frankly I am sick of it.  I see other people laughing it up with their IO's at counters next to me when the guy I get stuck with pulls out an electron microscope to scan my passport and does it with a look on his face like someone just ate his lunch.  It seems I always get the prick.  My passport is tight as a drum, I have ONE exempt entry, all others are visa entries so gimme the damned stamp and cut the theatrics already.

[Autonuaq]

The so called 180 day rule comes from another system.

And has to do where one actually lives and has is residence.

And the visa policies are to that rule.

Actually it is all days of the year minus 1 that is the maximum period of stay period.

The tourist visa has also max lenght that varies per country.

 

Be real of you use more then 2 tourist visa you are actulally not a tourist and need to apply for one of the other visa's that are available

 

[BritTim]

8 minutes ago, Autonuaq said:

Be real of you use more then 2 tourist visa you are actulally not a tourist and need to apply for one of the other visa's that are available

 

(I do not fall into these categories.) If you are an oil worker on a 4-weeks on, 4-weeks off schedule with a girlfriend in Thailand, which of the other visas that are available do you regard as appropriate? What if you are a 40-year-old on a disability pension wishing to stay quietly and cheaply in Thailand, best available visa? What if you are in a committed homosexual relationship, your partner can support you, and you want to stay in Thailand. Correct available visa?

 

My own view is that Thailand is within its rights to exclude certain categories of visitors. However, it should be recognized that they are doing that, not pretend that there is some magic solution if tourist entries are excluded.

[ubonjoe]

12 hours ago, Autonuaq said:

The so called 180 day rule comes from another system.

And has to do where one actually lives and has is residence.

And the visa policies are to that rule.

Actually it is all days of the year minus 1 that is the maximum period of stay period.

The tourist visa has also max lenght that varies per country.

 

Be real of you use more then 2 tourist visa you are actulally not a tourist and need to apply for one of the other visa's that are available

 

Nonsense

The 180 days your are writing about is for tax residency here and in some other countries. It has nothing to do with tourist visas or visa exempt entries.

 

[Estrada]

On ‎1‎/‎17‎/‎2017 at 8:40 AM, ubonjoe said:

He was writing about a supposed rule that limited the total stay on tourist visas  or visa exempt entries in a year. 

I do not know why you are arguing, it was not a supposed rule but real for a period of 2 years.  The RTP orders are translated by my friend at Tilleke & Gibbins and the head of Immigration who was a close friend at the time explained the 90 day in 180day rule to me succinctly. Without his intervention I would not have been allowed into the Country because they were counting not just the 90 days in one 180 day period but looking at the whole year. They decided I was not really a tourist but had family here and I should get a one year. Fortunately the 90/180 day rule  was cancelled.

[ubonjoe]

8 hours ago, Estrada said:

I do not know why you are arguing, it was not a supposed rule but real for a period of 2 years.  The RTP orders are translated by my friend at Tilleke & Gibbins and the head of Immigration who was a close friend at the time explained the 90 day in 180day rule to me succinctly. Without his intervention I would not have been allowed into the Country because they were counting not just the 90 days in one 180 day period but looking at the whole year. They decided I was not really a tourist but had family here and I should get a one year. Fortunately the 90/180 day rule  was cancelled.

I have read that police order and there was no way it was a year.

It was only for visa exempt entries and clearly stated 90 days on them in 180 days not a year.

[Crossy]

It doesn't really matter where the IO got 180 days from (the six * 30 day entry flag perhaps), there's no hard and fast rule at airports.

 

But as advised earlier, use alternative entry points / get another Tourist Visa.