IMPACT – MEDIUM

The Thai government has extended the State Emergency decree for the country from May 31 until July 31 and opened a visa extension application for many visa holders.

Key Points:

  • The State Emergency decree has been until July 31. All provisions under the decree remain in place.
  • All visa categories are eligible for a 60-day COVID visa extension if an applicant meets specific COVID-19 related requirements.
  • The window for visa extensions will be open until July 29.

BAL Analysis: The COVID-19 virus, including variants, continues to spread in many countries across the region. The 60-day visa extension help foreigners with soon expiring visas to stay in the country. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

Thailand’s government has announced additional requirements for 90-day report applications.

Key Points:

  • Under a change that took effect in January, Thailand’s Immigration Office at the One Stop Service Center (OSSC) is requiring that 90-day report applications submitted at the OSSC include the additional following documents if the applicant does not notify authorities by him- or herself and authorizes a person to report on his or her behalf:
    • A valid power of attorney.
    • A copy of an ID card or passport for the POA’s proxy.
    • A copy of work permit for the principal applicant (also required if the applicant submits the report themselves).
  • For a foreign national holding visas granted under BOI, IEAT and petroleum privileges and utilizing visa processes with the competent immigration office outside Bangkok, the 90-day report application must also be accompanied by a TM.30 receipt when submitted at the OSSC.
  • Submitting 90-day reports without the documents listed above will lead to the application being unsuccessful and delays in completion. Failing to complete a 90-day report in time will cause a foreign national to be subject to a fine of THB 2,000 (per incident/person) for late reporting. A foreign national who is in violation must be present at the immigration office to pay the fine.

Background: Under Thai Immigration Act B.E. 2522, a foreign national who is permitted to temporarily stay in Thailand must notify the Immigration office of his or her residence if he or she they stays in the country for 90 consecutive days or more. The notification is required without delay, upon the completion of a 90-day period and must be repeated at every 90-day interval. In practice, a foreign national can notify his or her 90-day report 15 days before or seven days after the due date.

The 90-day report requires: the original passport; immigration departure card (TM.6); receipt of previous 90-day reports (if any); notification for resident Form (TM. 61); and TM.47 form submitted to the local competent immigration office. If a foreigner and his or her sponsoring company meet qualifications of the One Stop Service Center for Visa and Work Permit (OSSC), his or her 90-day report can also be notified at the OSSC in Bangkok.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Thailand’s Ministry of Interior has announced the launch of a special tourist visa scheme for long-staying visitors.

Key Points:

·         Effective from Sept. 30, until Sept. 30, 2021, the visas will be made available to long-staying visitors from countries with lower COVID-19 infection rates, as determined by the Ministry of Public Health.

·         Visa holders will be required to comply with Thailand’s COVID-19 control measures and undergo a local state or hospital quarantine for a minimum of 14 days. They will have to present proof of payment for local state or hospital quarantine and one of the following: a hotel reservation for long-stay purposes, evidence of ownership of a condominium or a house or condominium rental contract.

·         In addition, visa holders must have health and accident insurance coverage that covers the period of their stay in Thailand, with a minimum THB 40,000 coverage for outpatient treatment and a minimum THB 400,000 coverage for inpatient hospital and physician services.

·         Eligible visitors can apply for the special tourist visa at Thai embassies and consulates worldwide. The visa will cost THB 2,000 per 90-day period and will be valid for a single entry. Requests for extension can be made twice, each for an additional 90 days. The special tourist visa cannot be converted to other types of visas.

Analysis & Comments: The special tourist visa scheme will allowed a limited number of travelers to enter the country. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

Thailand recently extended its ban on inbound commercial flights to mitigate the spread of COVID-19.

Key Points:

  • The inbound commercial flight ban has been extended until further notice. During the extension, foreign nationals will only be permitted to travel for repatriation flights and cargo flights to Thailand.
    • Exceptions exist for the following types of flights:
    • State or military aircraft.
    • Emergency landing flights.
    • Technical landing flights with no passengers disembarking.
    • Humanitarian aid, medical and relief flights.
    • Repatriation flights.
    • Cargo flights.
  • Exceptions also exist for the following types of aircraft passengers:
    • Thai nationals.
    • Individuals with permission or an invitation from the Prime Minister. Individuals with permission from an authority responsible for emergency management who are considered necessary for the resolution of emergencies.
    • Individuals performing diplomatic or consular missions or who are working for international organizations.
    • Foreign government representatives who are performing their duties in Thailand.
    • Representatives of international agencies who are performing necessary duties within Thailand and their family members.
    • Persons transporting necessary goods who will return immediately after completing their work.
    • Crewmembers with a need to enter the country because of their work who also have a specific return date and time.
    • Non-Thai nationals married to a Thai national or who are parents or children of a Thai national.
    • Non-Thai nationals with a valid permanent resident certificate or who have permission to establish residency.
    • Non-Thai nationals with work permits or permission from government agencies to work in Thailand, including their spouse and/or children.
    • Non-Thai national students at educational institutions approved by authorities in Thailand. This exception includes the students’ parents or guardians.
    • Non-Thai nationals who require medical care in Thailand and persons traveling with them. This exception does not include medical care for COVID-19.
    • Non-Thai nationals who have a special arrangement with a foreign country.
  • The foreign nationals listed above must enter 14-day quarantine at their own expense in an Alternative State Quarantine (ASQ) upon entering the country.
  • Foreign nationals referred to in the list above must communicate with a Royal Thai Embassy/Consulate before their departure date to apply for a Certificate of Entry (COE).
  • The local Thai Embassy in the departure country should confirm the list of required documents used to obtain the Certificate of Entry.
  • Foreign nationals are required to present the following documents to enter Thailand:
    • A Certificate of Entry into the Kingdom of Thailand (COE).
    • A valid non-immigrant visa.
    • A completed and signed Declaration form.
    • A Fit to Fly health certificate.
    • A COVID-19 medical certificate with a negative lab result from an RT-PCR test issued within 72 hours before departure.
    • A copy of a health insurance policy with minimum coverage of US$100,000 for COVID-19 in Thailand.
    • Documents used to enter the country such as the following:
      a valid work permit, or a letter of work permission from a relevant government agency or a pre-work permit approval letter issued by the Department of Employment (DOE), Board of Investment (BOI), or Industrial Estate Authority of Thailand (IEAT). For students, a confirmation letter issued by the applicant’s school is required.
    • Confirmation of a 14-day Alternative State Quarantine (ASQ) reservation at the applicant’s expense and arrangement of personal flight tickets.
    • A T.8 form.
    • An in-country itinerary so the applicant can be tracked within Thailand.

Analysis & Comments: The travel ban extension and requirements for foreign national entry will restrict and slow movement into Thailand. Employers should take note and arrange plans for affected employees accordingly. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? Requirements for local residence notification of foreign nationals with the Immigration Bureau or Provincial Immigration Offices have been updated.

What does the change mean? Landlords, property owners and hotel managers will only have to submit local residence notification for a foreign national once, if they are staying at the same residence address and under the same contract.

  • Implementation time frame: June 30.
  • Visas/permits affected: TM.30 local residence notification.
  • Who is affected: Foreign nationals holding a visa in Thailand, and landlords, property owners and hotel managers.
  • Next steps: Landlords, property owners and hotel managers need only notify the Immigration Bureau or Provincial Immigration Offices of a foreign national’s residence once if he or she is staying at the same residence address and staying under the same contract.

Background: Previously, notification was required within 24 hours of the foreign national having taken up residence. This was required even when the foreign national returned to the same address where he or she previously resided, regardless of whether the temporary departure was for domestic or international travel. The new regulation requires that it be submitted only once, within 24 hours of the foreign national’s taking up residence to begin a new term of stay (such as a new rent contract, or a new check-in at the hotel) at the same address, or at a new address.

Additional information: Deloitte will alert clients to additional changes or restrictions as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The Board of Investment has issued the process for a BOI-registered company to make a special request to bring foreign national employees to Thailand regardless of whether or not they already hold a work permit/permission to work (BOI Pre-Visa Approval). The process can take up to 20 working days.

The following documents are required for this process:

  • Letter from the company citing the necessity to bring the foreign national employee to work for the company in Thailand. The letter must also include the following information:
    • Reason for bringing foreign national employee to work in Thailand.
    • Loss or negative impact on company if it does not bring the foreign national employee to work in Thailand. If the contingent loss or value thereof can be demonstrated, this should be provided as well.
    • What stage of BOI project the company is operating in.
    • The specific expertise of the foreign national employee that the company requires.
    • Intended Thailand arrival date/flight information (if applicable).
  • Copy of passport. If the foreign national employee already has a visa under the BOI privilege, copy of the most updated BOI visa must be provided.
  • Copy of work permit (if applicable).
  • Copy of Pre-Visa Approval (if applicable).
  • Copies of evidence and/or contracts showing the loss or negative impact on the company would experience if the foreign employee was no permitted to enter Thailand. This may be requested by the officers after the submission, as they deem necessary.

Additional information: Restrictions on international commercial flights to Thailand have been extended until June 30. Foreign national employees are still required to obtain the following before entering Thailand: a completed and signed “Declaration Form” obtained from the Thai Embassy/Consulate; a “Fit to Fly” Health Certificate issued within 72 hours before departure; a copy of their Health Insurance Policy with at least US$100,000 coverage for COVID-19 in Thailand. Upon arrival in Thailand, foreign nationals must go into 14-day quarantine in a government-designated Alternative State Quarantine (ASQ) at their own expense and comply with all health regulations under Thailand’s Emergency Decree.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

Thailand recently extended the suspension of all incoming international flights again to mitigate the spread of COVID-19.

Key Points:

  • The temporary ban on incoming international passenger flights to Thailand has been extended from June 1 to June 30.
  • There are exceptions for state or military aircraft, emergency landings, technical landings without passengers exiting the plane, repatriation flights, humanitarian aid, medical and relief flights and cargo flights.
  • Passengers on such flights arriving in Thailand will enter a 14-day quarantine and are subject to regulations defined by the Emergency Decree on the State of Emergency.

Background: The temporary flight ban was initially implemented in April. The ban was extended 12 days later until the end of April. At the end of April, it was extended again until the end of May. It has now been extended until the end of June.

Analysis & Comments: Employers should anticipate significant disruptions to employee mobility and all but essential business. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The government has banned entry to most foreign nationals and extended the validity of some visas amid the ongoing COVID-19 pandemic.

Key Points:

  • International passenger flights are banned until May 31. Exceptions still apply to certain categories of flights (e.g., humanitarian, cargo, etc.), though those arriving on these flights will be subject to 14-day quarantine and other regulations.
  • Domestic flights will resume May 1; however, airlines must implement strict safety measures during check-in, boarding and after landing.
  • Temporary and long-term visas expiring on or after May 1 will be extended until July 31. No application is required.
  • 90-day reports due from May 1 to July 31 will also be temporarily extended until July 31.
  • Foreign nationals who are permanent residents or who hold a Border Pass are no longer exempted under the latest announcement.
  • Long-term non-immigrant visa holders whose visa will expire between May 1 and July 31 can apply for a visa extension in order to avoid the rush to file applications after July 31. They should also take into consideration work permit renewal timelines, as a valid Non-Immigrant visa may be required to support work permit renewal applications.
  • All visas or 90-day reports which expire or are due on or after July 31 must be promptly extended or reported within the period to be announced by the Thai Immigration Bureau. Failure to do so may result in penalties under the Immigration Act.

Background: Thailand banned international passenger flights effective April 6 and then extended the ban until April 30.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

Thailand has extended the temporary ban on inbound international flights to mitigate the spread of COVID-19.

Key points:

  • The flight ban has been extended from April 19 to April 30.
  • There are some of exceptions to the ban for, including for medical and relief flights, repatriation flights, cargo flights, state or military aircraft, emergency landings, technical landings without disembarkation and humanitarian aid. Passengers on these flights may be subject to 14-day quarantine or other measures.

Analysis & Comments. The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The Thailand government recently implemented a ban on international flights to mitigate the spread of COVID-19.

Key points:

  • All inbound international passenger flights are banned from April 6 to April 18, 2020. For the same period, flight permits for international passenger flights have been cancelled.
  • Exceptions are available for: medical and relief flights, repatriation flights, cargo flights, state or military aircraft, emergency landings, technical landings without disembarkation and humanitarian aid.

Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.