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How is the 180-day limit for UK citizens on tourist visas in Thailand measured?

Thailand immigration UK citizen tourist visa visa stay limits 180-day rule rolling aggregate calendar year tax residency Thai tax law

May 22, 2024

6 months ago

ORIGINAL POSTER

Good Morning All,

Please can i get some advice on the following-

I am UK citizen currently in Thailand on a tourist visa and plan to spend some further time here later in the year also, in addition I spent some time here either side of Christmas and New Year 23/24.

I am mindful of keeping my time below 6 months (180 days)  in any one year, however I cannot seem to find a clear definition of how that year is measured? I.e. is it rolling aggregate across the last 12 months, or calendar year, or calculated from your most recent visit etc.?

Hope this makes sense and thanks in advance for your answers.

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TLDR : Answer Summary

A UK citizen in Thailand on a tourist visa seeks clarity on how the 180-day stay limit is calculated. There is no defined measurement policy; it depends on the discretion of the immigration officer. Some users point out the importance of having a tourist visa to potentially improve entry chances. Additionally, there are complex implications regarding tax residency for individuals spending significant time in Thailand, as this is defined under Thai tax law but is distinct from immigration rules.

John **********

@Brandon ***********

from a tax perspective it's well defined under thai tax laws and absolutely nothing to do with immigration. If you spend 180 days or more inside Thailand in a calendar year then you become a Thai tax resident. From a purely immigration perspective there's no such rule as you point out. But people now need to consider their tax position as well.

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

@John *********

I was answering the question as a visa/immigration question, not a tax question.

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John **********

@Brandon ***********

yes I realise that

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John **********

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Nigel *******

ORIGINAL POSTER

@John *********

thanks yes absolutely. Is there tax law defined by the calendar year do you know or just a “12 month period” and/or do they have a fiscal year like the UK for instance?

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Nigel *******

ORIGINAL POSTER

Thanks John

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John **********

the fiscal year is the same as the calendar year so 01 January to 31 December inclusive

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John **********

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Tim *********

In theory UK HMRC will also have a view about where your main residence is, if you are less than 180 days in the UK.

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Nigel *******

ORIGINAL POSTER

yes Tim and I’ve no desire to be become “non res” for tax purposes at least at this stage hence I will keep to a minimum 180+ days in the UK.

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Nigel *******

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Rich ****

Great question. I've wondered the same thing.

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

There is no measurement because there's no policy on this. It's going to be at the discretion of the immigration officer you are standing in front of at the time you are attempting to enter the country. Get a tourist visa and you will improve your chances, but it's still no guarantee. But if you are spacing out your trips it's probably not going to be an issue.

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Nigel *******

ORIGINAL POSTER

@Brandon ***********

thanks Brandon understand and appreciate your response.

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Nigel *******

ORIGINAL POSTER

Nicely

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Nigel *******

ORIGINAL POSTER

Thank

that’s really helpful. It’s fairy arbitrarily as to which airport I arrive as can always change my route 🙏🏻

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Rich ****

Just sailed through immigration at CNX after an METV and a few entry stamps.

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Rich ****

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Rich ****

The other issue may be the airport you enter at. I was drawing scrutiny in Bangkok (DMK) but then had not problem in Chiang Mai (CNX). Bangkok is the worst for potential problems.

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Rich ****

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