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Can immigration stop me upon re-entry to Thailand after being away for 3 months on a SETV?

Thailand immigration SETV METV visa regulations tourist visa immigration officer discretion tax residency in Thailand

Oct 30, 2024

2 years ago

Alex ***********

ORIGINAL POSTER

Hello all,

stayed in Thailand this year on a METV from January until July (6 months). Planning to come back in November on a SETV.

Is there any valid reason that immigration could pull me over or should that not be the case since I stayed out of Thailand for over 3 months? 

(one immigration officer some time ago told me: staying out of Thailand for min 3 month gives no space to assume one living in Thailand as a Tourist anymore... ?)

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TLDR : Answer Summary

The individual is concerned about potential immigration issues upon returning to Thailand on a Short-Term Tourist Visa (SETV) after having stayed on a Multiple Entry Tourist Visa (METV) for six months earlier in the year and being out of Thailand for over three months. Responses indicate that while there is no specific rule governing this situation, much depends on the discretion of the immigration officer at the time of entry. It is noted that returning on a SETV should reduce the risk of being questioned, and as long as the tourist visa is obtained, there should be minimal concern.

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Bart **************

If you have a tourist visa you should be ok. Your entry history has already been weighed in. If it were too much, you should not have been given the visa.

2 years ago

Graham ******

@Bart *************

People with visas get denied entry (the visa is issued by the Embassy under the Ministry of Foreign Affairs but Immigration have sole responsibility for entry and things inside Thailand (under the Ministry of the Interior)).

2 years ago

Bart **************

@Graham *****

immigrations is telling people who are "at the edge" of entry to get a tourist visa, so their travel history can be weighed upfront. Doesn't take away their discretionary right to overrule this upon entry, but will they do that? No, they won't.

Telling people only about the very extreme case isn't always the best help. People with a tourist visa should be able to trust that they can enter.

A visa is like an entrance ticket. An entrance ticket to an Ed Sheeran concert also normally gives you the right to enter it. Can the security refuse you still? Yes technically, and if you carry eighteen stilettos in your pockets they might. If not, they'll let you in.

a year ago

Jan ******************

@Bart *************

I have to agree with

@Graham *****

here. A visa is sadly not an entrance ticket -it increases your chance a bit if you risk to get denied- but a valid visa doesn’t guarantee that you’ll come in. All it means is if they let you in you’ll get in for the days allotted on that visa type.

The immigration is cracking down on people using tourist solutions for long term stays in Thailand, and if they decide to deny you they’ll do it now matter if you’re trying to enter on a tourist visa or a visa exemption for tourism. The Royal Thai Police Immigration will never accept to be controlled by the Ministry of Foreign Affairs foreign service. And your embassy/consulate only have a copy of the id-page in your passport. They don’t necessarily have any insight in your previous (excessive) travel history to Thailand.

a year ago

Reply to

Jan ******************

Luit *****************

You apply for SETV or do you want to enter on visa exemption?

When you apply for visa and it is approved chances that immigration will pull you over are almost zero.

On visa exemption it is difficult to predict, you might get some questions eventually, because you are not the average tourist.

2 years ago

Graeme ******

Something to remember though you will be classed as a tax resident as you will have stayed in thailand for more than 180 days in the tax year January to December 2024

2 years ago

Andy ************

@Graeme *****

As a tourist that's not going to affect him as he still has his permanent home and tax residency in another country

2 years ago

Graeme ******

@Andy ***********

unfortunately it will

a year ago

Andy ************

@Graeme *****

article 3(a). It's pretty clear, but some people just can't understand plain English 😂

a year ago

Andy ************

@Graeme *****

Fortunately it won't! Get up to date with the DTAs

a year ago

Reply to

Andy ************

John **********

@Andy ***********

not relevant

a year ago

Andy ************

@John *********

Which part of "permanent home" aren't you getting? 😂😂😂

a year ago

John **********

@Andy ***********

you are aware that the DTA only comes into play if you are a tax resident?

a year ago

Andy ************

@John *********

I'm dual tax resident, but my only permanent home is in Australia, so I'm deemed to be tax resident SOLELY of Australia. Neat huh?

a year ago

John **********

@Andy ***********

so you have a home in Australia which you don't let out, you visit it regularly and it's always available to you? Seems an expensive way of doing things. From what I can see retaining Australian tax residency is not as straightforward as many of you make out.

a year ago

Andy ************

@John *********

Retaining Australian residency is very easy. Yes I have a permanent home in Australia. In Thailand I have a 12-month lease and a bank account. In Australia I have investment properties, sharemarket portfolio, five bank accounts, four credit cards, driver's licence, electoral roll registration. I've also got a certificate of tax residency for Australia issued by the ATO. Look at 3 (c) and tell me my economic ties are closer to Thailand than to Australia! I'm sure you'll try. 👍

a year ago

John **********

@Andy ***********

no, just surprised that it should be so easy. I have a permanent home in the UK but it doesn't count as I rent it out (I don't want it to lie empty) so it's not available to me. I have pretty similar assets to you all in the UK too, continue to be a UK tax payer and yet I'm not a UK tax resident because I don't spend enough time there to be one.

a year ago

Andy ************

@John *********

UK is different. Australia doesn't impose any time limits (although there is a proposal to introduce minimum 45 days every two year period). Unless someone totally severs all ties with Australia it's quite straightforward to retain tax residency, which I've done and now have the certificate which confirms this. The ATO has informed me this will suffice to illustrate to the Thai Tax Office that I am an Australian Tax Resident. I would only need to file a tax return if I receive income in Thailand, which I don't.

a year ago

Andy ************

@John *********

Totally relevant. You really believe Thailand can tax a holidaymaker?

a year ago

Reply to

Andy ************

Phil ******

@Alex **********

its really up to THE IO to specifically assess you. Always remember you are here for tourism purposes and satisfy entry requirements.

2 years ago

Brandon ************

There's no rule so there's no one that can give you an accurate answer. It's at the complete discretion of the immigration officer you are standing in front of at the time. The officer the next row over could interpret it differently.

2 years ago

Alex ***********

ORIGINAL POSTER

that's what I guessed and why I'm not taking the feedback from that officer to me as valid. But do you know of any case where Immigration pulled someone aside although he wasn't in the country for over 3 month?

2 years ago

Brandon ************

@Alex **********

yes, happens all the time. They look back at your entire history, not just 3 months. If you've spent a lot of time in Thailand, especially during Covid, you'll be likely to get extra scrutiny. Same if you've ever had an education visa.

2 years ago

Alex ***********

ORIGINAL POSTER

ok got it thanks! The years before I stayed for only about 6 months per year in Thailand or sometimes even less.

2 years ago

Reply to

Alex ***********

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