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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.
Since 15 July 2024, French passport holders benefit from a visa exemption for up to 60 days, an extension from the previous 30-day period, when entering by air or land. To qualify, applicants must present an exit ticket and proof of sufficient funds for their stay. This exemption can also be extended for a single additional 30-day period, totaling 90 days. Applicants must submit the required forms TM7 and TM30, along with a recent passport photo, and pay a fee directly to the requesting authority.
At Benoit & Partners, we provide expert assistance in navigating the visa process in Thailand. Whether you’re applying for a visa, seeking extensions, or handling appeals, our team is here to guide you through every step. We specialize in advising on the best visa options for your specific situation, ensuring that all supporting documents are in order, and helping you understand the reasons behind acceptance or refusal. Let us take the complexity out of the visa process, so you can focus on your goals in Thailand.
This guide covers all aspects of the visa procedure in Thailand, including types of visas, supporting documents, reasons for acceptance or refusal, extensions, and appeals.
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Table of Contents
What are the different types of visas available to foreigners in the visa procedure in Thailand?
To begin the visa procedure in Thailand, it’s important to understand the available options. Each visa type is designed for a specific situation, whether for work, study, visiting family, or long-term residence. The visa determines the rights and obligations of the applicant during its validity.
The most relevant visas for long or short stays 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, such as a spouse, minor child, or elderly parent. The applicant must provide proof of a stable relationship, supported 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. Additionally, they must provide a statement of stable income or proof of 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 serves a specific purpose. It is crucial to carefully analyze your personal situation before applying. This ensures compliance with immigration law.
What are the steps involved in visa procedure in Thailand?
First, determine the type of visa appropriate for your trip. To do this, submit your Thai visa application to the embassy or consulate, usually located in your home country. In some cases, you may submit the application in a third country or at an embassy in a border province.
The application must include a valid passport, a passport photo, a completed form, proof of financial resources, and a letter of motivation or employment contract, if applicable.
The process varies by embassy and can take up to 30 working days. It is recommended to submit your application several weeks in advance. An interview may also be required in some cases.
After the visa is issued, the holder must fulfill several obligations: registration with the Immigration Office (form TM30), reporting every 90 days with form TM47, and notifying of any changes in address or activity.
What are the common mistakes to avoid during the visa procedure in Thailand?
Several mistakes during the visa procedure in Thailand can lead to rejection. These include incomplete applications, incorrect supporting documents, insufficient financial resources, or not following the rules. Applicants often forget to check the minimum passport validity, which is generally six months before the application.
There are also other pitfalls that are hard to detect. These include long processing times, entering a non-refundable agreement with an airline before obtaining a visa, or choosing an unauthorized intermediary. To avoid issues, it is strongly recommended to seek assistance from a law firm specializing in Thai visas.
What to do if your visa application is refused during the visa procedure in Thailand?
If your visa for Thailand is refused, the consular authorities will notify you in writing. However, they are not required to specify the exact reasons for the refusal. The embassy or consulate is not legally obligated to justify its decision.
In case of a refusal, it is best to submit a new visa application. Make sure to correct any issues, such as missing documents, inconsistencies, a high-risk profile, or a history of irregular stays. It is recommended to work with an experienced lawyer who can analyze 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 requires a change of status. This option, called a “change of visa type,” is granted under 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. Missing deadlines may lead to mandatory departure from the country. Required documents include a letter of support from the employer, a valid employment contract, and sometimes a criminal record extract.
What are the renewal conditions?
All procedures for extending a visa or renewing the right of residence are handled by the Immigration Bureau. The issuance of Thai visas doesn’t end with the initial application or airport checkpoint. It is important to review the specific conditions for each visa type.
For example, a Non-Immigrant B visa can be renewed for one year, as long as the employer continues to operate and the activity remains compliant.
How can a visa be cancelled or revoked in the visa procedure in Thailand?
Even after a successful visa procedure in Thailand, a traveler may have their visa revoked. This often happens when the conditions of stay are no longer met for various reasons. Thai law outlines several scenarios, including violation of visa conditions, unauthorized activity, illegal work, or breach of public order.
If the visa holder is convicted of a crime, the authorities may revoke the visa without prior notice. Any changes, such as a new address, a change of occupation, or a divorce (for 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, Thailand incorporates international conventions into its visa procedure. The Kingdom has bilateral agreements with many countries that allow visa exemptions for short stays of 30 to 90 days. These exemptions do not allow entry without a visa and do not override regulations on the length of stay. Bilateral tax agreements may also affect the type of visa required. This applies to investors and retirees.
Why use a law firm to manage your in the visa procedure in Thailand?
Using a lawyer for the visa procedure in Thailand provides security and peace of mind. A lawyer can help anticipate risks, create a strong application, and facilitate follow-up with the relevant authorities. Additionally, a lawyer can advise you on practices and legal developments, as immigration policies often change. You may also need assistance in case of a dispute or appeal due to a complex administrative procedure. Our firm regularly helps international clients prepare applications, communicate with embassies, translate documents, and represent 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.