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  Friday, July, 30, 2010 sss

How to Turn a Tourist Visa into a One-Year Visa

For a large number of foreigners living in Thailand, the real "coup" took place in the immigration department a week before tanks rolled into Bangkok. News that holders of tourist visas now have 90 days at most - with three 30 day visas - to stay in the country has the expat community in an uproar. But the endless discussions of the current visa situation that occur whenever two or more expats are in the same place at the same time seem to be characterized more by blame, speculation and indignation than pragmatic suggestions of how to overcome the setback. Setbacks and obstacles are nothing new for foreigners living in Thailand -- they are the price we pay for living in this paradise of a country. Fortunately, when the dust clears after the announcement of some new crackdown, it inevitably reveals itself to be more of a minor inconvenience that the long-dreaded "deal breaker" that will send all of us back to the dreary shores of our home countries.

"The tourist visa and visa-on-arrival was never intended for long, indefinite stays in Thailand," states Drew Noyes, President of Pattaya Advertising Promotion & Publishing Alliance, or P.A.P.P.A. Co., Ltd. as it is more commonly known. "The Thai government has always made provisions for foreigners living here by offering several categories of nonimmigrant visas, which are relatively easy to obtain. Government officials take the position that if a foreigner chooses not to apply for a nonimmigrant visa in favor of endlessly coming back and forth on a tourist visa, that person must be trying to stay under the radar for some nefarious reason. We expats know this is rarely the case, but understand the Thais concern."

P.A.P.P.A.'s legal department has responded to the current tourist visa "crisis" by offering a service to convert tourist visas to one-year, nonimmigrant visas. The procedure, while somewhat lengthy, does not require a trip outside of Thailand, and the client is able to stay in the country legally while his applications are being processed.

Finding solutions to the everyday challenges of life in Thailand is P.A.P.P.A.'s specialty, as evidenced by their highly successful publication, the "Official Thailand Survival Guide." Established in 1998 to do real estate development, advertising and promotion, particularly for Thai government agencies such as the Tourism Authority of Thailand, P.A.P.P.A. added visa, work permit and company ltd. registration services to its extensive resume two years ago.

"It was a natural for us because we were so deeply involved with Thai government agencies that we acquired an thorough knowledge of Thai laws and regulations," explains Drew. "This led to us creating an alliance with Thai attorneys and government officials to find the easiest ways for foreigners to understand and abide by immigration law, labor law, property law and Thai company limited commercial registration.

"When the change in the enforcement of land transfers by limited companies took place, we received many calls from foreigners who needed our services to protect their investments and we did. Now there is a huge pool of expats who are affected by the changes in tourist visa and visa-on-arrival regulations who need our assistance,"

The final decision by the Ministry of the Interior and the Ministry of Foreign Affairs which decide these matters is expected to be determined this month. Currently reports are that a tourist visa allowing the holder to stay in Thailand 30 days will not be continuously renewable as before. Rather a maximum of two 30-day consecutive renewals will be allowed. Thereafter, he or she cannot reenter the country for a period of at least 90 days.

Drew believes the crackdown is in response to two major issues: The first is the abundance of illegal construction workers from neighboring countries who are in Thailand on temporary visas and are illegally working at below legal wages, which are renewed over and over again. The second is the huge amount of negative publicity that resulted from the John Mark Karr matter and revealed that few foreign nationals in Thailand have been screened for criminal backgrounds.

"Thailand has worked hard to shatter the myth that pedophile is tolerated here and this [Ramsey child murder] case put that horrible stigma back in the spotlight, although undeserved," Drew said.

Consequently, holders of tourist visas are now under increased scrutiny. Drew's unofficial estimate is that at least 600,000 Westerners are living in Thailand nationwide on tourist visas as opposed to only around 40,000 that are here on one year nonimmigrant visas. It is possible for the vast majority of these tourist visa holders to obtain a nonimmigrant, one year visas without having to go outside of Thailand, but time is of the essence if they hope to remain in Thailand without interruption. In all likelihood, immigration offices will soon be overwhelmed by tens of thousands of applicants.

"This process is very difficult because it must be submitted in Thai language and every item must be correctly submitted as evidence so approval is guaranteed and we have a 100% success rate for one year approvals," Drew points out.

P.A.P.P.A.'s procedure for turning a tourist visa into a one-year nonimmigrant visa is explained below. It can be done on your own, but be aware that there are over 100 forms and evidentiary submissions that must be filled out in Thai, and any minor mistake will derail the process.

1. P.A.P.P.A. reviews the client's passport and stamps to advise the best course of action. If all is in order and there are at least 21 days remaining on the current stamp, an application will be filed for the nonimmigrant visa that is most appropriate for the client. If there is not 21 days reaming a quick visa run is arranged and the application is submitted with the required 21+ days remaining. The tourist or visa on arrival visa must be converted into a Nonimmigrant visa for 90 days before a one-year nonimmigrant visa can be applied for by the foreigner. The one-year visa cannot be applied for at this point -- the initial nonimmigrant visa will only be for 90 days. The 90 visa will be the same class of visa applied for later for one-year, renewable stay. The choices are:
a. Nonimmigrant A (Retirement Visa): 50 years or older with either 800,000 baht in the bank or a verifiable income sent from abroad of at least 60,000 baht per month. The holder cannot obtain a work permit.
b. Nonimmigrant O (Married to a Thai or supporting Thai children): Must have 400,000 baht in the bank or a monthly income from abroad of 40,000 or from working legally in Thailand. Can work with a work permit.
c. Nonimmigrant B (Business Visa): Must present a declaration of education and work experience, in addition to a letter from a Thai company to the effect that it is hiring the applicant. (P.A.P.P.A.'s legal department can set up the client's own Thai company that will provide the letter of employment.)
2. The visa forms for the appropriate visa are completed and reviewed by P.A.P.P.A.'s lawyers for completeness and accuracy.
3. The application and documents are submitted to the immigration office along with their fee of 1,800 baht on the next business day. The customer immediately receives a 30-day stamp that allows him to stay legally in Thailand while under consideration for his change in visa status. You do not need to go out of the country ever again to get a re-entry stamp provided your visa is approved, which Drew says is easy if you do it now.
4. The client returns to the immigration office within 30 days to receive his 90-day, nonimmigrant visa. At this time, another complete set of documents as well as another 1,800 baht fee is submitted for the one year, nonimmigrant visa.
5. When this visa is completed, the client is home free. Yearly renewals are easy. In addition, this visa, having been obtained inside of Thailand, has major advantages over nonimmigrant visas issued by Thai consulates and embassies abroad. Most notable is the ability to obtain permanent residency after three renewals of the visa.

From being refused entry to Thailand as an lowly tourist to permanent residency within three years - they don't call it Amazing Thailand for nothing!

P.A.P.P.A. Co., Ltd.
448/21 Theprasit Road, 100 meters from Sukhumvit Road in the white, tall building opposite Siam Commercial Bank.
Tel: 038.301.048-50
Mobile: 084.111.7999
E-mail: drewnoyes@gmail.com
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