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IMPACT – HIGH
What is the change? Authorities have become stricter in reviewing documents submitted for visa extension applications via the regular process.
What does the change mean? In addition to more closely scrutinizing the required documents, authorities are also requesting that sponsoring employers and foreign employees provide revised documents (such as retaking office photographs) or additional documents.
Background: The trend recently emerged in the long-term visa extension application process. Although authorities have not issued any official announcements or guidelines, companies have been experiencing delays and difficulties in extending visas for their foreign employees. Required documents, including documents officially certified by other Thai government departments, are being very closely scrutinized and information within the documents is being questioned by the immigration authorities. However, only extensions via the regular process are impacted; visa extension applications through the One Stop Service Center (OSSC) remain unaffected.
BAL Analysis: To avoid potential delays or rejection of visa extensions, it is highly recommended that employers prepare the required documents in advance and file the application well ahead of time. BAL will continue to monitor this trend and provide updates on any additional changes.
This alert has been provided by the BAL Global Practice group and our network provider located in Thailand. For additional information, please contact your BAL attorney.
Copyright © 2017 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
What is the change? The Royal Thai Embassy in Singapore has launched an electronic visa application system that allows applicants to complete, submit and check the status of application forms online.
What does the change mean? Effective Feb. 1, visa applications submitted at the Royal Thai Embassy in Singapore may be submitted electronically. Manual applications will continue to be accepted until April 1, at which point all applications must be submitted online.
Background: The online process involves creating a login and password, completing an application form, uploading the form and required supporting documents and submitting the application. The applicant may then check the status of the applications, and once the status shows that it has been reviewed, the applicant then brings a duly signed hard copy of the application form, a passport and, in most cases, a photograph to the embassy before the visa can be obtained. Additional details are available on the Royal Thai Embassy website.
BAL Analysis: Applicants may now use the new online visa application system and will be required to do so beginning April 1. The system is expected to streamline the visa application process, though technical delays are possible as the system is rolled out.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com.
What is the change? Thai authorities will permit non-Board of Investment visa sponsors to use 2015 Personal Income Tax Returns (PND 91s) as supporting documentation for visa extensions through March 31.
What does the change mean? Authorities had given the order that visa extension applicants would only be able to use their 2015 PND 91 through Jan. 31. They have reversed course, however, and 2015 versions of PND 91 will be accepted for visa extension applications through March 31. The 2016 tax forms must be used beginning April 1.
Background: Thai authorities require sponsoring companies to provide the proper tax form when applying for visa renewals. The Thai revenue code requires that personal income taxes be filed between Jan. 1 and March 31. The PND 91 serves as a receipt for those who have filed taxes and must be included in visa extension applications.
Initially, Thai authorities said that for this year they would begin requiring the 2016 PND 91 for visa extensions filed on or after Feb. 1. However, they recently reversed course and announced that for visa extensions the 2015 PND 91 will be accepted through March 31.
BAL Analysis: The extension is welcome news for visa renewal applicants as they will not have to rush to submit taxes early in order to obtain a 2016 PND 91. Applicants should note that, as in past years, visa extension applications filed on or after April 1 must be accompanied by a 2016 PND 91.
What is the change? Non-Board of Investment visa sponsors will be required to use the 2016 version of the Personal Income Tax Return (PND 91) when applying for visa extensions beginning Feb. 1. The 2016 version of the PND 91 will not be required for work permit extensions until April 1.
What does the change mean? The 2015 version of the PND 91 form will continue to be accepted as supporting documentation for visa extensions through Jan. 31 and for work permit applications through March 31. After those dates, however, applications will be rejected if the proper form is not included.
Background: Thai authorities require sponsoring companies to provide the proper tax form when applying for visa or work permit renewals. The Thai revenue code requires that personal income taxes be filed between Jan. 1 and March 31. The PND 91 serves as a receipt for those who have filed taxes and must be included in visa and work permit extension applications.
In the past, the previous year’s PND 91 has been accepted for both visa and work permit extensions through March 31, the end of the tax-filing period. This year, however, Thai authorities will begin requiring the 2016 PND 91 for visa extensions filed on or after Feb. 1. The date for work permit extensions has not changed, however, and the 2016 PND 91 will be accepted through March 31.
BAL Analysis: Those planning on visa extensions on or after Feb. 1 should take note of the change and should be sure they have the proper tax form. It may be necessary to file taxes earlier than normal in order to meet the new deadline for using the 2016 tax return form.
What is the change? The Thai Embassy in Singapore has said that that visa processing times will be left to the discretion of individual visa officers and that it will no longer abide by standard two-day processing times.
What does the change mean? Visa applicants should expect longer processing times and should submit applications no later than five to 10 business days before they plan to travel.
Background: The embassy says that, with the change, the minimum processing time will be three days (including the day of submission), but that applicants should leave five to 10 working days, particularly during busy holiday seasons.
BAL Analysis: Visa applicants should take note of the change and adjust their schedules if necessary.
What is the change? Government offices are scheduled to reopen Monday following a half-day closure Friday to allow for government workers to participate in ceremonies honoring King Bhumibol Adulyadej, whose death was announced Thursday.
What does the change mean? Those in need of visas, work permits or other immigration services may experience minor delays when offices, including the One Stop Service Center and Labour Department and Immigration Bureau offices, reopen Monday.
Background: Authorities announced Thursday that King Bhumibol, 88, a beloved figure in Thailand and the world’s longest serving monarch, had died. The BBC reported that Prime Minister Prayuth Chan-ocha said in televised remarks that Thailand would hold a year-long mourning period and that public entertainment would be “toned down” for a month. Government offices were closed Friday afternoon, but are expected to reopen and observe normal hours Monday.
BAL Analysis: Those in need of immigration services may experience minor delays when offices reopen next week.
This alert has been provided by the BAL Global Practice group in Singapore. For additional information, please contact singapore@bal.com. Copyright © 2016 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.
Copyright © 2016 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
What is the change? Thai authorities have tightened document legalization requirements for nationals of certain countries submitting long-term dependent visa applications at the One-Stop Service Center (OSSC).
What does the change mean? Nationals of the countries listed below must submit marriage or birth certificates (when required) that are either (1) legalized by an embassy in Thailand or (2) legalized by their home country’s ministry of foreign affairs and then authenticated by the Thai Embassy in that country. Applicants should note that the change only applies to OSSC applications; applicants filing long-term dependent visa applications through the regular process at the Immigration Bureau were already required, no matter their nationality, to have birth and marriage certificated legalized in the manner described above.
The countries whose nationals will be affected by the change are: Argentina, Bangladesh, Bolivia, Chile, Colombia, Gambia, Ghana, Guinea, India, Iran, Liberia, Mali, Nepal, Nigeria, Pakistan, Peru, Senegal, Sierra Leone, Sri Lanka, Togo and Uganda. The list of nationalities is subject to change without notice.
Nationals from countries not listed above will not be affected when it comes to OSSC applications. It should be noted, however, that regular rules about submitting documents that are not in English will apply. Documents not in English must first be translated and then legalized by one of the methods listed above.
BAL Analysis: The change will add to the time it takes for select nationals to prepare applications for long-term dependent visas filed at the OSSC. Affected applicants should make note of the change and allow for extra time to collect documents, if possible.
Copyright © 2016 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 contactcopyright@bal.com
IMPACT – LOW
What is the change? Thailand has made changes to the form that foreign nationals must complete when applying for visa extensions, 90-day reports or re-entry permits.
What does the change mean? The new form requires applicants to provide some additional information, including blood type, allergies, most recent date of entry, port of entry, and a hospital in Thailand where the applicant can be treated. Applicants will no longer be asked to provide a photo or information about their parents or their address in their home country. The change applies to both Board of Investment and non-Board of Investment applicants.
Background: The new forms are designed at least in part to provide the government with information that may be useful in case of an emergency. Besides the changes listed above, the government has changed the application process such that bank account information is in the “For Official Only” section of the form. This has been done, officials say, so that the information can be kept confidential between the applicant and the officer handling the application. Bank account information is only required, at this point, for visa extensions, not 90-day reports or re-entry permits.
BAL Analysis: In order to avoid unnecessary delays, applicants should be sure they have all information required by the new forms when they submit applications for visa extensions, 90-day reports or re-entry permits.
Copyright ©2016 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.
What is the change? Thai authorities will no longer accept self-paid personal income tax (PND 93) forms as supporting documents for long-term visa applications or extensions.
What does the change mean? Foreign nationals seeking long-term visas must be on a local payroll; Thai authorities will only accept certified copies of monthly salary withholding tax (PND 1) forms.
Background: Prior to the change, foreign employees who earned income from foreign sources were permitted to submit a PND 93 tax form when applying for a long-term visa or extension in Thailand. That is no longer an option. The new rule indicates that all visa applicants will need to be on a local payroll and include a PND 1 form with their visa application. Companies will be required to withhold taxes on a monthly basis and pay monthly social security contributions once the employee obtains a work permit booklet. The change will apply to all long-term visa applications, including those submitted at the One Stop Service Center.
BAL Analysis: Self-paid personal income tax forms will no longer be accepted as supporting documents for long-term visa applications. Companies with affected foreign nationals assigned in Thailand must ensure that their employees are on a local payroll to avoid the possibility of having their long-term visa applications rejected.
Copyright © 2016 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.
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