Thai Immigration Clarifies 90-day Rule Change

PHUKET: -- Following a spate of complaints from confused foreigners entering Thailand on “visa exemptions”, Pol Capt Krissarat Nuesen of the Phuket Provincial Immigration Office has made a statement to clarify the 90-day rule and how it was changed, effective April 1.

Visa exemptions, commonly referred to as “visas on arrival”, allow tourists from certain countries who arrive at the border without a visa to have permits-to-stay, typically for a period of 30 days, issued by Immigration officials.

“People who enter Thailand on a ‘visa exemption’ are permitted to stay only 90 days in a six-month period,” he said, adding that the six months is calculated as a 180-day period starting from the first day that the foreigner enters Thailand on a visa exemption.

“From October 1, 2006 to March 31, 2007, we counted all the days from the foreigner’s first day regardless whether the foreigner was actually in Thailand or not.

“Also, foreigners were not permitted to stay in Thailand after their 180-day period had expired [counted from the foreigner’s first day], regardless whether the foreigner had stayed a full 90 days in Thailand or not,” Capt Krissarat said.

“However, the rule has been changed. From April 1, we now count only the days the foreigner has stayed in Thailand – and foreigners are now allowed to stay past the 180-day period,” he said.

The number of consecutive visa exemptions allowed is no longer limited to three, he added.

As for foreigners who complain about discrepancies in the counting of days, K. Krissarat reminded those who choose to enter on multiple visa exemptions that it is up to the discretion of the Immigration officer on duty how many days to grant the new arrival, provided it is 30 days or fewer.

Capt Krissarat stressed that the 90-day rule does not affect people who have been issued a visa from the Royal Thai Embassy or Consulate.

“If you want to stay longer, then apply for a visa from a Royal Thai Embassy outside Thailand. That way the rule will not apply to you,” he said.

Regarding parents bringing children into Thailand to attend school, Capt Krissarat said, “Foreign parents whose children will study in Thailand can apply for non-immigrant ED visas for their children at any Royal Thai Embassy outside Thailand.

“The parents can apply for non-immigrant O visas for themselves so they can enter the country and care for their children here, and then they can apply for permits to stay at the Immigration office after entering the country.

“Alternatively, if the parents are not going to be staying in the country long, they can get a tourist visa from an embassy or enter on a visa exemption,” he said.

“Many international schools in Thailand help parents prepare applications for permits to stay,” Capt Krissarat said, adding that children under 14 years old are not fined for overstay.

-- Phuket Gazette 2007-04-28

aoft.org Wrote:Thai Immigration Clarifies 90-day Rule Change

PHUKET: -- Following a spate of complaints from confused foreigners entering Thailand on “visa exemptions”, Pol Capt Krissarat Nuesen of the Phuket Provincial Immigration Office has made a statement to clarify the 90-day rule and how it was changed, effective April 1.

Visa exemptions, commonly referred to as “visas on arrival”, allow tourists from certain countries who arrive at the border without a visa to have permits-to-stay, typically for a period of 30 days, issued by Immigration officials.

“People who enter Thailand on a ‘visa exemption’ are permitted to stay only 90 days in a six-month period,” he said, adding that the six months is calculated as a 180-day period starting from the first day that the foreigner enters Thailand on a visa exemption.

“From October 1, 2006 to March 31, 2007, we counted all the days from the foreigner’s first day regardless whether the foreigner was actually in Thailand or not.

This should cause a lot of confusion..... Its as clear as mud.... why do they count the days if you are not in Thailand...?????

“Also, foreigners were not permitted to stay in Thailand after their 180-day period had expired [counted from the foreigner’s first day], regardless whether the foreigner had stayed a full 90 days in Thailand or not,” Capt Krissarat said.

“However, the rule has been changed. From April 1, we now count only the days the foreigner has stayed in Thailand – and foreigners are now allowed to stay past the 180-day period,” he said.

The number of consecutive visa exemptions allowed is no longer limited to three, he added.

So if now, if you are able to stay past the 180 day period, and the VE's are not limited to three, are they saying that if you come into Thailand on January 1, and stay 30 days and go out of
Thailand , stay out 30 days and return to Thailand for 30 days, you would be permitted to do this indefinitely ??

As for foreigners who complain about discrepancies in the counting of days, K. Krissarat reminded those who choose to enter on multiple visa exemptions that it is up to the discretion of the Immigration officer on duty how many days to grant the new arrival, provided it is 30 days or fewer.

Capt Krissarat stressed that the 90-day rule does not affect people who have been issued a visa from the Royal Thai Embassy or Consulate.

“If you want to stay longer, then apply for a visa from a Royal Thai Embassy outside Thailand. That way the rule will not apply to you,” he said.

Regarding parents bringing children into Thailand to attend school, Capt Krissarat said, “Foreign parents whose children will study in Thailand can apply for non-immigrant ED visas for their children at any Royal Thai Embassy outside Thailand.

“The parents can apply for non-immigrant O visas for themselves so they can enter the country and care for their children here, and then they can apply for permits to stay at the Immigration office after entering the country.

“Alternatively, if the parents are not going to be staying in the country long, they can get a tourist visa from an embassy or enter on a visa exemption,” he said.

“Many international schools in Thailand help parents prepare applications for permits to stay,” Capt Krissarat said, adding that children under 14 years old are not fined for overstay.

-- Phuket Gazette 2007-04-28

It's double speak Thai style. We are trying to get more info and some clarity but often we get it from our members that are coming into the country before receiving it anywhere else.

From reports they have not figured out the previous rule changes as they did not seem to be administered evenly across the immigration department, this is probably just more confusion.

I can tell you some first hand experience with this.. I spent all of Jan and Feb in Thailand on a 60 day visa I got from the Thai Embassy in Canada before I left for Thailand. I then went back to Canada for the month of March and returned to Thailand early April for the month.

When I landed in April the officer asked me how long I would be staying in Thailand this trip. I replied actually just for a few days as I was meeting my wife to travel to Australia for a week then we would be returning to Thailand after that for the balance of the month.

She informed me that I only had 30 days left I was allowed to be in the country due to the 90 of 180 days rule.. I questioned this as I was there in Jan and Feb on a visa from an overseas Embassy she was quite firm that it didn't matter.

Naturally I let it go, saving face and all that... but I called the Thai gov't the next day and they confirmed that I was right and I was allowed to be here for a full 90 days of the 180 on my last trip as the jan and feb days didn't count... they also told me to apply for a "marriage" visa it's easy to get and is good for a year although I haven't looked into it yet...

So yeah that's my story..