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ResourcesVisa & Immigration LawThailand Immigration LawOnly Two Entries Allowed on Destination Thailand Visas?

Only Two Entries Allowed on Destination Thailand Visas?

Transcript of the above video: 

As the title of this video suggests, we are discussing Destination Thailand Visas and the question being posed, 'will only two entries per year be allowed for those using the Destination Thailand Visa?'

I thought of making this video after reading a recent Tweet from the Phuket News, we'll put this on screen, quote: "Any foreigner found entering visa-free more than twice without a valid reason will be denied entry." That's not actually what the decree said; what the announcement, the discussion said. I have made another video contemporaneously with this one where I did a deep dive, did the analysis - they are not saying no border runs, they're not saying only two. They are saying you can only use two entries per year. This was a decree that came out back around about 2017, 2018, somewhere in there, I can't remember exactly when, when there was an official Royal Gazette Directive that said foreigners on Visa Exemptions could only enter the country twice a year, twice per calendar year was the requirement that immigration had to let someone in in exemption status. Now let me quote further here, before we go into further analysis. Quote: "Along with officers targeting border-area offenders, closer scrutiny of visa extensions even greater, overstay enforcement... meaning charges and deportation." 

So the question posed by this video, "will there only be two entries allowed on Destination Thailand Visas?" I've discussed this before. The creation of the DTV was really nebulous; it was politically driven. The prior government was basically bringing it, well a faction of the prior government created it fully as a unilateral brainchild of the Ministry of Foreign Affairs. They didn't seek consensus from the Ministry of Interior which deals with Immigration internally as well as at checkpoints at the borders, and as a result, we are left with the situation we have got right now which is does this two-entry rule pertain to Destination Thailand Visas. And I'm asking the question genuinely, because I think it could be interpreted to. Why? Because the Destination Thailand Visa isn't really a traditional visa in the traditional sense of the term. It's not a standard Tourist Visa. It was created again, purely by the Ministry of Foreign Affairs without consensus from Interior and Interior has the discretion per the decree - again back in '17 or '18 as I recall - that stipulated that you got two entries per year on exemption status;  I can see where that can be interpreted to say, "hey you shouldn't be using the Destination Thailand Visa to live in Thailand." I can see a scenario play out at some point where they say that, and they say, "hey, this was designed to sort of hop around ASEAN; it wasn't designed to live in Thailand." Also again factoring in the fact Interior never got to weigh in on any policy pertaining to the DTV, I could see them taking the position, interpreting the rules as they sit right now to say, "hey we're not going to allow more than two entries on a DTV, at least two entries in a given calendar year", which some will say well two entries in the calendar year, you get a year of status out of the DTV. Fair enough, but as more entries go by and they start to stack up, I can see fact patterns where Immigration starts looking at these DTV holders wondering what they are doing here. The underlying policy is that the DTV was not intended to really live here, but be a nomad sort of passing through etc. I could see where this issue of two entries - notwithstanding the fact it isn't really the policy it has been bandied about as it pertains to Border Runs - I could see where this analysis pertaining to two entries per year could be applied to the DTV. 

That being said, it remains to be seen and we will certainly be keeping people updated on this channel as the situation evolves.