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A comprehensive legal guide to successfully handling the visa procedure in Thailand applying, avoiding refusals and securing your stay in the Kingdom
Obtaining a visa for Thailand allows any foreigner to stay in the Kingdom, whether to work, live, study or visit for holidays. However, the visa procedure in Thailand involves a series of steps that require your attention, effort and a precise understanding of the legal requirements. The Thai authorities responsible for regulating the movement and conditions of foreigners in the kingdom have strict criteria and require specific legal documents to support these criteria. Visas in Thailand are partly governed by the Immigration Act B.E. 2522, a set of regulations that is regularly updated to adapt to environmental and geopolitical contexts.
It should be noted that, since 15 July 2024, French passport holders can benefit from a visa exemption for a period of 60 days, compared to 30 days previously, when they enter by air or land and are in possession of an exit ticket and sufficient funds to pay for their journey. However, this exemption may be extended for a single additional period of 30 days, for a total of 90 days. Payment is made in cash to the requesting authority after the applicant has provided the following documents: forms TM7 and TM30, and a recent passport photo.
This guide focuses on the visa procedure in Thailand, including types of visas, supporting documents, reasons for acceptance or refusal, extensions and appeals.
Table of Contents
What are the different types of visas available to foreigners in the visa procedure in Thailand?
To properly begin the visa procedure in Thailand, it is essential to understand the different options available. Each type of visa is tailored to a specific situation, whether for work, study, a visit to a relative or long-term residence. Therefore, the visa determines the rights and obligations of the applicant during the period of validity.
In this regard, the most relevant visas for a long or short stay in Thailand are as follows:
The LTR (Long Term Resident) visa
The LTR visa is intended for highly skilled foreigners, wealthy individuals, retirees and foreign professionals working for international companies. This visa allows for a 10-year renewable stay and offers numerous tax and administrative advantages.
To be eligible, applicants must meet income, investment or professional experience criteria, depending on their profile.
The DTV (Destination Thailand Visa)
The DTV is a new type of visa designed for digital nomads, freelancers and remote workers. Valid for five years with renewable 180-day stay permits, it helps attract international workers who want to stay in Thailand for a short period while working remotely. It requires proof of activity and income.
The Non-Immigrant B Visa
The NON B visa is a type of visa for foreigners working in Thailand. It is issued for work under a contract, temporary jobs and for setting up a business. To obtain such a visa, it is necessary to enter into a contract with a company registered in Thailand and submit an application for a work permit with the required documents. Initially, the visa is valid for a maximum of 90 days and can be extended for up to one year, renewable.
The Non-Immigrant O Family Visa
This type of NON O visa is granted to foreigners who wish to enter Thailand for family reasons (spouse, minor child, elderly parent). As a general rule, the applicant must provide information proving that the relationship is stable and that it is attested by official Thai marriage documents, birth certificates, or certificates of parentage. The applicant should also submit a copy of the valid Thai ID or passport of the family member named above, and a statement of stable income or proof of stable financial support. In some cases, the embassy may require an interview to verify the authenticity of the family relationship.
The Non-Immigrant Retirement Visa
This visa applies to individuals aged 50 and over who plan to spend their retirement in Thailand. It is issued on the basis of very restrictive financial requirements, including the opening of a bank account or proof of a minimum regular monthly income.
The ED Non-Immigrant Visa
The ED visa applies to students enrolled at an institution approved by the Thai Ministry of Education. It is also suitable for students participating in international exchange programmes, Thai or English language lessons, or specific training courses. The host institution must provide a letter of admission and, in some cases, a sponsored visa to finalise the application.
In conclusion, each visa fulfils a specific purpose. It is therefore crucial to carefully analyse your personal situation before applying for the appropriate approval. This will ensure that everything you do complies with immigration law.
What are the steps involved in visa procedure in Thailand?
First, you need to determine the type of visa that is appropriate for your trip. To do this, you must submit your Thai visa application to the embassy or consulate, which is usually located in the country where you live. However, it is sometimes possible to submit the application in a third country or at an embassy located in a border province.
The application must include a valid passport, a passport photo, a completed application form, proof of financial resources, a letter of motivation or an employment contract, as applicable.
The process varies from embassy to embassy and can take up to 30 working days. It is therefore recommended that you submit your application several weeks in advance. An interview may also be required in some cases for the visa procedure in Thailand.
After the visa has been issued, the holder must fulfil several obligations: registration with the Immigration Office (form TM30), reporting every 90 days using form TM47 and notification of any changes of address or activity.
What are the common mistakes to avoid during the visa procedure in Thailand?
Several mistakes made during the visa procedure in Thailand can lead to rejection: incomplete application, incorrect supporting documents, insufficient financial resources, or ignorance of the applicable rules. Applicants often forget to check the minimum validity period of their passport, which is generally six months prior to the application.
Several other pitfalls are difficult to detect in the visa procedure in Thailand: long processing times, entering into a non-refundable agreement with an airline before obtaining a visa, or choosing an unauthorised intermediary. To avoid any disputes, it is strongly recommended that you seek the assistance of a law firm specialising in Thai visas.
What to do if your visa application is refused during the visa procedure in Thailand?
Refusal of a visa for Thailand is notified in writing by the consular authorities. However, if notification is given, it is not necessary to specify the precise reasons for the refusal: the embassy or consulate is not legally required to justify its decision.
In the event of a refusal, it is best to submit a new visa application, while taking care to correct any alleged irregularities: missing documents, inconsistencies, a high-risk profile, a history of irregular stays, etc. This should be done with the help of an experienced lawyer who can analyse the elements of the file, identify weaknesses and propose an effective strategy.
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Can you change your visa once you are in Thailand?
Applying for a visa in Thailand sometimes involves a change of status. This option, known as a “change of visa type”, is granted under very specific conditions. The application must be submitted to the Immigration Bureau before the initial visa expires.
The conditions are strict: complete supporting documents, specific deadlines, and approval by the authorities. Failure to meet the deadlines may result in mandatory departure from the country. A letter of support from the employer, a valid employment contract, and sometimes a criminal record extract are required.
What are the renewal conditions?
All procedures for extending a visa or renewing the right of residence are handled by the Immigration Bureau. The issue of Thai visas does not end with the initial application or at the airport checkpoint. It is important to review the specific conditions that apply to the visas concerned.
For example, for a Non-Immigrant B visa, renewal is possible for one year, renewable, provided that the employer continues to exist and the activity is still compliant.
How can a visa be cancelled or revoked in the visa procedure in Thailand?
Even after a successful visa procedure in Thailand, a traveller may have it revoked. This applies in particular to cases where the conditions of stay are no longer met for various reasons. Thai law sets out several scenarios in this regard: violation of visa conditions, unauthorised activity, illegal work, or breach of public order.
If the visa holder has been convicted of a crime, the authorities may withdraw the visa without prior notice. Any new information that arises in the meantime, such as a change of address, change of occupation, or divorce with a family visa, must be reported immediately to the Immigration Office as part of the visa procedure in Thailand.
What is the role of international conventions?
Finally, the country also integrates international conventions into the visa procedure in Thailand. The Kingdom has bilateral agreements with many countries that allow visa exemptions for short stays of 30 to 90 days. Exemptions do not allow individuals to enter the country without a visa and do not override regulations governing the length of stay. Bilateral tax agreements may affect the type of visa required. This is determined for investors or retirees.
Why use a law firm to manage your in the visa procedure in Thailand?
Using a lawyer for the visa procedure in Thailand offers the security and peace of mind of being able to anticipate these risks, but also of putting together a strong application and facilitating administrative follow-up with the relevant authorities. In addition, such a professional can advise you on practices and legal developments in this field, which is often subject to change in terms of immigration policy. You may also need assistance in the event of a dispute or an appeal due to a complex administrative procedure. Our firm frequently assists our international clients in preparing their applications, communicating with embassies, translating documents, and representing them in disputes or informal appeals.
Conclusion
The visa procedure in Thailand is therefore not something to be taken lightly, as it is based on strict legal logic in accordance with immigration law and regulations issued by the Immigration Bureau. Each type of visa is tailored to a specific purpose, and the conditions are clearly defined for each one. In reality, a procedural error, an omission or a poorly presented application can compromise your life or your plans to move abroad in the long term.
It is therefore strongly recommended that you choose a firm of specialists who can provide you with assistance with your application, confirmation and support during the interview. If you have any doubts about your situation or your intentions, please contact our firm for a preliminary consultation.
You can also find additional information that is regularly updated on the official Thai immigration website or on the Visa & Immigration page of our Benoit & Partners website.
However, assistance from a lawyer is currently the best way to avoid mistakes in the visa procedure in Thailand.
FAQ
The main visas are: LTR (long-term stay), DTV (digital nomads), Non-Immigrant B (work), Non-Immigrant O and ED (students).
Choose the visa that suits your situation, submit the necessary documents specific to each visa to the embassy, and wait up to 30 days for processing.
If your visa is refused, you will need to correct the errors and submit a new application, ideally with the help of a lawyer.
A lawyer protects you from the risk of rejection and errors, and will intervene in the event of rejection or administrative disputes.
Loss of the exemption and application of normal taxation.