In the months since Prime Minister Srettha Thavisin promised the “marriage equality bill” following his administration’s rise to power in September 2023, the draft amendment allowing for recognition of same-sex marriages has been approved to Thailand’s Civil and Commercial Code (TCCC) by a committee of the House of Representatives and is now expected to go through its second and third readings on March 27, 2024. The bill will change the stated official legal status and marriage composition, from “husband and wife” and “a man and a woman” to “married couple” and “two individuals,” giving LGBTQ ..read more

Nothing is more disappointing than having an unexpected event throwing a wrench into your trip to Thailand. Fortunately, with the right knowledge, you can turn the situation around and make the best out of your time in the Land of Smiles. This is why it is essential to learn the differences between Western and Thai criminal law to exercise your rights in case you ever find yourself in a predicament. The Key Differences Of Thai Criminal Law Laws differ from country to country and ignorance of the laws is not a valid defense when caught committing an offense, so you must inform yourself of what ..read more

Foreign residents in Thailand must exercise caution when it comes to overstaying their visas, as doing so may result in expulsion from the country. If a visa is revoked for overstaying, there are a few exceptions that allow visitors to extend their stay. In such circumstances, individuals with valid reasons must appeal to the Immigration Bureau to submit their case and request to revise the order. Foreign residents must be aware of these restrictions to ensure a lawful and smooth stay in Thailand. Justifications to Appeal for Visa Overstays There are plausible grounds for believing that the i ..read more

Blacklist Lifting and Re-Entry to Thailand After your name subject to the blacklist is lifted under Section 12 of the Immigration Act B.E. 2522 (1979), you may be able to re-enter Thailand. However, the immigration officer will heavily monitor you due to your history of being blacklisted. If you recommit an offense, you will be penalized by a fine, imprisonment, and be blacklisted for a longer duration.  Applying for a Visa or an Electronic Travel Authorization for other Countries When you apply for a visa, the authorities will be wary and suspicious of you in recommitting the same offen ..read more

Overstaying in Thailand Should you surrender or be arrested by authorities, your name will be on the blacklist and you will be deported and excluded from Thailand. The length of the blacklist depends on the period of overstay. Length of Blacklist After Surrendering Overstaying for more than 90 days will subject you to be excluded for 1 year from your departure date. Overstaying for more than 1 year will subject you to be excluded for 3 years from your departure date. Overstaying for more than 3 years will subject you to be excluded for 5 years from your departure date. Overstaying for more t ..read more

The Immigration Detention Center (IDC) If you overstay or violate Thai immigration laws, you will be detained at the Immigration Detention Center.  Inside the IDC: An Overview The IDC’s facility has a limited space with no privacy, in which inmates are squeezed together in a small cell, taking turns to sleep. Fortunately, there is a canteen selling food and drinks for a price and an outdoor area to get some fresh air and exercise. Other than overstaying visitors, there are asylum seekers, refugees, and migrant workers as inmates. Children, however, are not subject to detainment.  Du ..read more

Grounds of Divorce Section 1516 of the Thai Civil and Commercial Code outlines a range of situations that qualify as legitimate grounds for divorce. These encompass:   Adultery: When one spouse engages in extramarital affairs, it serves as grounds for divorce. Misconduct: Instances of misconduct leading to severe shame, animosity, substantial injury, or disrupting cohabitation can warrant a divorce. Severe Harm or Torture: Inflicting substantial physical or mental harm on a spouse can be a basis for divorce. Desertion: Abandonment by one spouse for over a year without valid reasons cons ..read more

Mutual Divorce Section 1514 of the Thai Civil and Commercial Code (TCCC) lays down specific conditions that need to be satisfied for a divorce to be considered mutually agreed upon: Written Mutual Consent: Both spouses must express their mutual agreement to end the marriage in written form. This written consent is a crucial element to proceed with a mutually agreed divorce. Witness Validation: Additionally, the written agreement must be endorsed by at least 2 witnesses who provide their signatures as testimony to the spouses’ consent. These witnesses play a role in validating the authenticit ..read more

In-Person Report for Staying in Thailand More Than 90 Days Once you submit all of the required documents through the postal service, here is the process the immigration office will undertake according to Sections 37(5) and 76 of the Immigration Act B.E. 2522 (1979): The Immigration Bureau receives and verifies the documents Inform the immigrant on paying a fine (in case of delay) Proceed to receive the notification Send TM.47 to the immigrant via postal service or in person for the next appointment Record the log into the computer system. Postal Service Reporting for Staying in Thailand Mor ..read more

Reporting to the Immigration Division A person who holds a Thai long-term visa and stays in Thailand for more than 90 days must report to the Immigration Division at every 90 days interval, according to Section 37(5) of the Immigration Act B.E. 2522 (1979). Ways to Report with the Immigration Division In-person Designating a proxy as stated in a power of attorney Postal service Online Required Documents for Reporting In-person and Proxy: Passport Receipt of Notification for staying more than 90 days  TM.47 form Power of Attorney (for proxy only) Postal service: Copy of passport wi ..read more