Collapsing the 60 days visa exemption only a partial answer
Controlling illegal working in Thailand requires a broad-brush approach.
The Thai premier has called for a reduction in the two months’ visa exempt stamp which currently applies to over 90 percent of all tourist arrivals. She is concerned about the abuses which lead to foreigners defaulting on work permit regulations or indulging in nominee shareholding deals and allied iniquities.
Adith Chairrattananon, honorary secretary general for Thai travel agents, has agreed that grey businesses require preventive measures such as reducing the visa-free stay for Chinese travellers because of exploitation of loopholes in the rules. He suggests “15-30 days” should be enough for bona fide Chinese vacationers.
Other spokespersons have noted that foreigners, usually but not always Chinese, have been working as non-authorized tour agents and introducing clients to illegal practices such as renting condominium units on a short-term basis or the chance to make money by temporary working. Under current regulations, arrivals receiving 60 days visa-exempt can easily obtain an extra 30 days at local immigration.
The problem for the Thai authorities is that restricting visa-exempt time scales isn’t straightforward. Would a revision apply to all nationalities, or only to some, or even only to the Chinese? Vacationers from China to Thailand are already in numerical decline and singling them out might prove to be counter-productive. Even if visa-exempt was reduced to 30 days, a further one month’s extension would presumably be available at local immigration. A lot of mischief can occur in two months.
Moreover, much visa abuse is committed by foreigners on longer-stay visas such as Elite, Destination Thailand Visa or even retiree options. None of these allow work-related activity in Thailand but policing the system is proving to be beyond the resources of the immigration bureau or the investigators of the Labour department. Recent non-Chinese examples of malpractice have included a British man with an annual retirement visa who was running several nightclubs.
Immigration lawyer Jessataporn Bunnag believes that the government, in addition to squeezing visa exempt, needs to review the procedure for applying for work permits. “The procedure can be very complex and can take up to two months or even more,” he said, “so some foreigners decide to take the risk.” Other experts say that Thailand must reform the alien labour legislation to permit foreigners having majority sharers in some companies and to reduce the number of occupations reserved for Thais only.
“If Thailand is to address the very serious problems of visa abuse, she should examine all relevant legislation about employment and not just rely on restructuring the amount of time people can stay here,” concluded Mr Bunnag.
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