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ResourcesVisa & Immigration LawThailand Immigration LawThai Visa Extension Is A Privilege, Not A Right?

Thai Visa Extension Is A Privilege, Not A Right?

Transcript of the above video:

As the title of this video suggests, we are discussing Thai Visa Extension and the fact that it is a privilege at the end of the day, it's not a right. As we discussed or I often discuss in the context of US Immigration, US Immigration benefits are exactly what their name implies, they are benefits, they are not a right per se especially when it comes to the issue of a Visa.

Now a little bit different in an American Immigration context especially when Permanent Residence is attached in the United States but with regard to Non-Immigrant visas for example in a US context, there is no particular right to extension even of a Non-Immigrant Visa in an American context. Going back over to Thai Immigration, the same holds true here. Permanent Residence exists in Thailand as we have discussed in many other videos and there are rights associated with Permanent Residence in Thailand but as far as Non-Immigrant status, which is the status of the vast majority of people that live in Thailand, extension of their visa status is not a right per se. 

I thought of making this video after reading a recent article in the Bangkok Post, bangkokpost.com, the article is titled: Immigration to review Swiss man's visa after Beach "assault". As we have discussed in other videos, this pertains to the story of the foreigner - I have heard it described as bullying; I have heard it described as possibly assault but this person is accused and let's be clear, this remains an accusation as of the time of this video. We have yet to see any adjudicatory outcome as far as the facts of the underlying case. That said, as I have discussed in other videos, if you presume the facts, if you presume that what is being accused, what is being alleged, did in fact happen, this is a situation where it would appear that a foreigner assaulted somebody here in Thailand, that is at least the accusation. If that proves to be true, then there's a criminal act there and that has bearing on one's Thai Immigration status. 

So again back to Bangkok Post, bangkokpost.com, quoting directly: "Immigration will review Mr .. (I am going to redact names, I will just say).. “this foreigner’s visa status and decide whether or not to extend the Visa when it expires, he said, adding authorities are also looking at the legality of his businesses and foundation in the country. The incident has led to Kohl's for a thorough investigation into his property and businesses.” but quoting further and more to the point of this video: "Police Lieutenant General Surpaong Thanomjit, Commissioner of Provincial Police Region 8, said on Monday the police will get to the bottom of the case as Immigration Police have the authority to revoke visas of criminal offenders and deport them to their countries of origin." 

I think it is worth saying again "Immigration will review his Visa status and decide whether or not to extend the Visa when it expires." This is something a lot of people don't really take into consideration when thinking about their visa status here in Thailand. Again you have to extend on a regular basis and it is not a foregone conclusion that Immigration will extend that status; it's not incumbent upon them to do so. They don't have to extend someone's status and in a situation where someone is accused of criminal activity or under the Immigration Act itself poses any kind of threat to "National Security" which again somebody who is accused of criminal behaviour or is convicted of criminal behaviour could arguably fall under that, there's also kind of a more broad and general kind of public health and safety protocol prong if you will that may be used as grounds for failure - again this shouldn't be looked at as deportation per se, it is just a denial of an extension. It is basically a desire if you will, a lack of desire to extend that person's status, so they are not being necessarily formally deported or formally having their Visa even cancelled, they may be able to run out their current status and again it remains to be seen in this case how that will play out, but there can be a failure to just extend. They basically say “look we have allowed you to use up the last of your Visa status but we are not going to give you any more status’, they can always do that. I have seen this happen in many other cases in the past. There really isn't much of an appeal to that; there is basically just “hey we are not going to accept an extension in your case” and that is it and if you fail to leave the country, you can thereby fall into overstay and that is its own set of problems; as we have discussed in other videos even apprehension in Thailand in one day of overstay, results in a deportation and a subsequent blacklisting of a minimum of 5 years.

So again the thing to take away from this video is visa extension in and of itself is not a right per se to a foreign national here in Thailand, especially a foreign national in Non-Immigrant Visa status and those who are deemed to be for lack of a better term ‘behaving badly’ in Thailand, may not see their visas extended and therefore be allowed to remain here in the Kingdom of Thailand.