Frequently asked questions
Finance
What is The Jeeranont ?
The Jeeranont is an Asset Management Company for investment in Kingdom of Thailand in various sectors for profitable business for their international clients.
How can i build equity in my house?
You can build equity in three ways. First (and easiest) is from market appreciation. Second, when making your monthly mortgage payment, try to send a little bit more. This will go directly to the principal of the loan, rather than the interest. Be sure your lender knows to put the extra toward principal, and not the next month’s payment. Even an extra $50 per month can quickly build equity, as well as knock years off of your loan. The third way to build equity into your house is to make improvements. There are a variety of ways to remodel and make positive changes to the interior and exterior of your home. One of the best ways is to add square footage/living space
What is an Appraisal?
What is the minimum investment?
Who are your clients?
What sets The Jeeranont apart from other wealth management firms?
Woman Empowerment
Who destroyed Thousands of Wise Women ?
Why Man Suffers from a Great Inferiority Complex?
Why The Woman Has Been Enslaved?
Real Estate Law
Can A Foreigner Legally Own A Land In Thailand?
Am I Allowed To Own Any Structure On Land?
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Legally, any building is considered as being a part of land over which such building is constructed. However, a building may be considered as a separation part when it is a tenant of land who builds a building under a leasing agreement. Therefore, a foreigner may own any building on his rented land. -
If your spouse is Thai, and you are planning to build a house on his/her land, you are recommended to sign a lease agreement with your spouse indicating that you are a tenant. This way, you shall have a joint ownership over such construction, not a land, together with your spouse.
How Do I Obtain Construction Permission?
My Land Was Secretly Transferred What Are My Rights?
What Are The Thai Laws Regarding A Land Lease?
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A land lease for duration of 3 years and more must be registered with the Land Department, and some fees must be paid. The maximum duration is 30 years, which may be renewable for another 30 years. In case the parties agree for a lease of 60 years (30 years with an option to renew for another 30 years), a deposit payment against the rent payable during the 2 nd part of contract shall be made at the same time a payment of 1 st half's deposit. The land title deed should be in possession of tenant to ensure his rights under an agreement. This sort of leasing agreement may become problematic in case a land passed on to a tenant's heirs.
What Is A Condominium Under Thai Law?
Can A Foreigner Legally Own A Condominium Unit In Thailand?
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Any foreigner who has legally entered into Thailand may have a freehold ownership over a condominium unit, constructed on a land of less than 5 rai, of certain projects in municipal jurisdictions of the Kingdom, such as Bangkok, Pattaya, and Phuket. However, condominium units owned by a foreigner shall not exceed 49% of the total space of the condominium project. Other restrictions are applicable. A non-Thai owner of a freehold condominium unit may transfer a property to other foreigners. If you wish to buy a condominium in Thailand, there are certain points of which you should be aware before choosing your new property:
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How much will monthly maintenance fees and charges be? -
How much are sinking funds? (For a use of common parts of condominium). -
Some condo units have never been finished, so consider carefully before buying. -
Verify that the total of foreign-owned units is no more than 49%.
Can I Buy A Property In Thailand At My Absence?
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Yes. A person wishing to buy a land, including a foreigner, may purchase a land without being present at the time of registration of ownership at the Land Department. This shall be done by appointing, by a power of attorney, a lawyer to act on your behalf. -
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Nevertheless, if you are married to a Thai, you, a foreign spouse of a Thai, is required to declare in a written agreement that a fund, of a purchase of land, is purely of your Thai spouse as her personal affair before marriage. This procedure may be done by signing such declaration abroad, and demand for a certification at the Consulate of Thailand in your country.
What Are Measurements Using For Land In Thailand?
Can I Legally Rent Out A Property In Thailand?
What are the Thailand Title Deeds for land?
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A land 'awaiting' a full title deed is granted the document Nor Sor 3 Kor. -
The land is measured by the Land Department; therefore, it has its exact boundaries. -
This type of land may be sold, transferred, or mortgaged in the same manner as land with freehold title deed (Chanote) as long as it is ready to be a full title deed. -
In order to change the title to a Chanote, the owner of the land may file a petition to the Land Department to file a request to change it to a full title deed (Chanote), and the Land Department may do so if there is no opposition made against the petition.
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The difference between this type of land title deed and the Nor Sor 3 Gor is that a land with Nor Sor 3 title has never yet been measured by the Land Department; hence the land has no exact boundaries. -
The Nor Sor 3 title may later be switched to a Nor Sor 3 Gor then subsequently transform to that title to a freehold title deed (Chanote) in the future.
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Title Deeds in Thailand may be mainly divided into 4 categories as follows: -
Freehold Title Deed (Chanote Or Nor Sor 4) -
This type of title grants the holder of this document full rights over the land, to deal with or to use it to the exclusion of others. -
Thus, if you are planning to buy land in Thailand, this type of title deed is the best and most credible title deed to hold. -
Nor Sor 3 Gor -
Nor Sor 3 -
Possessory Right -
This type of title deed is least recommended. A land with a possessory right has never been substantiated by Department, but is only recognized by tax payments at the Local Administrative Office. -
It is essential to bear in mind that title deeds other than one of a Chanote, is not allowed to register any leases against the land such as, usufructs, mortgages or superficies in order to gain encumbrance. -
Although Thai Law stipulates that a foreigner may not own land in Thailand, there are alternative options to owning a land in Thailand. We would be more than happy to discuss the options available to you with a meeting, an over the phone conversation, or by email.
Land Measurement in Thailand in Sqm?
Converting Rai and Wah can be complex and can create legal issues when people do not understand what it is that they are signing at the contract stage. Ensure that you understand what you are buying and how best to deal with this. Below is the land conversion from rai to square meter.
Thailand Property Taxes for Condo, Villa, or House?
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The following is an overview of property taxes in Thailand and how they are calculated. Please consult one of our property lawyers with regards to your property taxes in Thailand. -
Thailand Property Taxes -
Transfer fee2% of the registered value of the property -
Stamp Duty0.5% of registered value. Only payable if exempt from business tax -
Withholding tax1% of the appraised value or registered sale value of the property (whichever is higher and if the seller is a company). If the seller is an individual, withholding tax is calculated at a progressive rate based on the appraisal value of the property. -
Business tax3.3% of the appraised value or registered sale value of the property (whichever is higher). This applies to both individuals and companies.
9 Top Mistakes When Buying Thai Property?
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There are certain pitfalls when buying property in Thailand. Buying Real Estate is an experience that should be taken with some advanced planning and forethought. Many foreigners come to Thailand to purchase property for various reasons : for their retirement, as a second home or for investment purposes. Purchasing a second home is gaining popularity in many places in the world. For example, in 2004 just over a third of all homes owned by UK citizens abroad were located outside Europe. Thailand is fast becoming a destination of choice as a location for a second home. In this article, we will look at ten pitfalls which are most common in purchasing property in Thailand. -
No Title Search -
A comprehensive examination of title deed recorded at the Land Department should be done prior to placing on a deposit or signing of a reservation agreement. You need to verify that the Seller has clear and legal title of the land before you enter into any contractual agreement. The title search will trace the land to its first possession, as well as checking for any encumbrances such as liens, leases or mortgages on the title. -
This investigation will also verify zoning, environmental and planning codes in the area. Moreover, any mortgage, liens or encumbrances will be discovered during this process. There have been a number of cases where foreign buyers have purchased property only to discover later that they are restricted in terms of structural height on the land and therefore rendering the land virtually worthless. This is especially true for beach resort communities where there are height limitations closer to the beach. This is the number one pitfall since a title search can be completed within a few days. Failure to conduct this step is a grave error and could be fatal to your plans to build your dream house on that wonderful piece of property. -
Failure To Conduct Due Diligence -
Every financial transaction requires some sort of due diligence on behalf of the purchaser to verify that it is a sound investment. When you purchase shares of a listed company in the stock market or a mutual fund you will generally research the profile and performance of the company or fund. The same is true when you purchase a property from a developer. You should check with the previous buyers to see if they are satisfied with the quality and time frame of the construction. If you don't have time to spend on checking the history of the developer, a local lawyer near the development will know or can check the project, who their directors are and their performance history. This Due Diligence report will also outline all the information consisted in a title search mentioned above. -
Buying Without A Lawyer -
It is often possible for individuals to purchase a property in Thailand without the services of a local law firm. This may be risky unless you are familiar with the country, the language and its legal system. Contracts in Thailand do not always adhere to the international standards that we are used to back home and may seem quite unfamiliar to us hence why prior to purchase you should take the time to sit down and discuss the purchase process with a lawyer or a solicitor. That is why before you sign any deposit agreement or contract, you should take some time and sit down with a lawyer or solicitor to discuss the process. You need to know the correct legal process in Thailand for a foreigner to acquire property. Remember that you are spending part of your life savings to acquire this property and you must carefully plan your steps in the process. Your lawyer back home can give you general advice about the contracts and agreements; however they will not be familiar with the country's laws as they may not have the experience in dealing with matters here. -
Buying Without An Estate Agent -
Back home, We are always told that when we invest in property, we should always invest in an area that we are familiar with. This is because property markets are affected by so many variables. It is important to know the market and manage the potential risk which may be involved in any transactions. -
Investing in Thailand is no different. You will need a local expert who is experienced in real estate transactions in the local area that you intend to make your purchase. The agent knows how to communicate in Thai and they're familiar with the location and the general geographical area. They can show you many quality properties in their inventory based on your needs and desires. Typically, a good agent will weed out the poor quality units. They want satisfied clients and they will avoid problematic developments. Think about it: you may not really know the community and it would be wise to find someone who has in-depth knowledge and experience with the property market. The most telling benefit of a using an estate agent is that they will act as a conduit between you and the seller. They will obtain a fair price for you and act on your behalf to respect your best interest throughout the entire process. Several international estate agent firms have recently established themselves in Thailand. This provides you access to the same international standard of business practice as in your home country. -
Putting The Deposit Down Too Early -
Sellers and agents obviously want to sell properties. When you have found the ideal property and you are satisfied that it will meet your expectations, the usual process in a transaction is to put down a reservation fee or an earnest deposit. In return, the seller or agent will reserve the property for you and begin the process of drafting the contracts for the acquisition. This is normally a nominal amount of 10-15% of the purchase price. This will in most cases be deducted from the original purchase price, if the contract is fully performed by both parties. However, in the event that you are not going to go through with the purchase, it is the Seller's right to retain the initial reservation deposit. If in case, it is through Sellers default, this amount is usually refundable. Be sure to retain a receipt and terms of agreement in respect of the reservation deposit. -
This is not always the case as sellers and agents sometimes keep this fee for the opportunity cost involved while the property was reserved. Unless you specifically draft an "exit" clause in the deposit agreement, for example "subject to a clear title" or "subject to agreement on contract terms," the money deposited is non-refundable. Exit clauses can be items of fundamental importance such as 'subject to clear title' or 'subject to a new title deed being issued' and so on. -
Buying In A Mismanaged Project -
Several areas in Thailand have recently seen a surge in new property developers arriving on the scene to build homes. These developers do vary in size and experience. There are many new developers who see the potential in property development as a lucrative business in Hua Hin and decided to venture in this industry. They may not have the necessary experience to manage the project so you would often see delays and other fundamental problems. However, these developers do tend to offer much better prices and are more flexible in their approach to cater to your needs. -
The larger developers, on the other hand, are more established and many of them are publicly listed companies. They have the resources, experience and expertise in completing construction projects on time. They generally will not negotiate on the price of the property and some do not offer any advice on variations that you would like to make to the designed plan. They are, therefore, less flexible but the commercial risks are much less. The key factor is to find a developer in which you feel comfortable with. It is recommended to check their previous projects for the quality of their work and ask questions from people who have purchased from them before. You will know them by the fruits of their labour. -
Consider The Surrounding Area -
If you purchase in a popular development, most likely the developer will be eager to repeat their success and start a Phase II right next door. You should plan for this accordingly in your plot selection. It would be most unfortunate after having waited for one year while your new home to be build is being built, and then to move in to endure another one or two years of construction noise next door. You must also be aware of the surrounding areas in general so as to avoid blockage of views from other buildings if you are going to purchase on a high floor. -
Choosing On The Basis Of Price -
There are many variables involved when evaluating the price. In general, you may wish to check the prices of adjoining projects in the surrounding area and that would give you a fairly good idea whether you are paying too much for your property. Back home, Usually in foreign countries, it is possible for us to check the value of various properties through a regulated body and also by looking at tax receipts of a particular area. Thailand is advancing in this area In Thailand, you are able to check these, However, you will still see large discrepancies between the government's assessed value and the actual price paid for a property. -
Forgetting Your Heirs -
It is strongly recommended that you have a Last Will & Testament prepared in both your home country and in Thailand to include your newly purchased property. It is not a pleasant thought to think of your demise; however you should plan in advance regarding your estate so the affairs are in order in the unfortunate event of your passing. The last thing you want to do is cause additional stress to your family during this period. Your property in Thailand becomes of value once you sign the contract and make an initial payment. Hence even before the handover of the property you, will have an asset to consider for your estate planning. -
The document will detail your assets in Thailand, such as property, bank accounts, vehicle, and personal items. Typically upon the death of a foreigner in Thailand, the government officer will ask the family for a copy of a Will or they will seek the deceased person's lawyer or executor for this document. Having a Will drafted in your home country to cover assets in Thailand may be problematic and burdensome to your family as documentations will need to be translated, notarized and approved by a government body. We It is highly recommended that you have a separate Will for your assets in Thailand. It may be interesting Please also note that Thailand does not have any inheritance tax in general; however, the beneficiary will have to pay certain fees payable to the Land department upon transferring of title, to effect their name in the title deed.
Buying Off Plan Properties ?
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Firstly, pre-construction real estate acquisition is the practice of buying properties very early on in the construction process. -
Developers are selling these future properties to customers in order to finance the development itself. -
The customers, on the other hand, are banking on the appreciation of the property once the land has been subdivided all infrastructures and amenities have been put in place. -
There are certainly advantages to buying a pre-construction property such as the relatively discounted price, the choice of selecting a more appealing plot within the project or other added incentives offered by the developer to early buyers.
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Carrying out proper due diligence on the pre-construction development is by no exception, very important. In fact, it is prudent to do so. -
It is often easy to get caught up in the buying excitement and the sales pitch of the developer but it is always important to know exactly what you will be purchasing. -
Apart from title deed checks, you may wish to also check on the history of the developer, their financial standing or any previous projects they have developed. -
You can check if the developer has applied for any necessary licenses required for development or if an environmental impact study has been conducted on the project as these licenses give you some automatic protection under Thai law. -
You can also conduct your own investigation into the values and costs of the property or you may want to have an independent surveyor appraise the property or project for you and compare this with the figures given to you by the developer.
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It is interesting to note here that the Thai approach to contracts in general is linked to its cultural importance to relationships between parties. -
Back home, we place great faith on what is written on paper whereas in Thailand, far greater emphasis is given to relationships itself. Throughout the many years of dealing with international clients, Thailand has shifted its approach to accommodate a more comprehensive type of document. -
A "Boston lawyer" style of contract drafting may still not work too well here and it is still common for Thai parties to give you a 2 to 3 page type contract for all types of matters. This is based on the tradition that the contracts are just an outline of the principles. -
We are much more used to seeing a contract as an exhaustive list of all the rights and obligations which allows for all possibilities and contingencies. So it may be good to keep this in mind when dealing with contracts in Thailand although you will generally find they can be quite accommodating to amendments if your relationship with them is good. -
Some foreign managed developers do tend to offer a more comprehensive contract which we are more accustomed to in the West. However, they still tend to provide contracts which are largely biased against the buyer as opposed to a more 'balanced and fair' approach we are used to back home.
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Time Frame
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An agreement should have a time frame which clearly stipulates the starting date for construction as well as its completion date. -
Check for any extension clauses which normally give the developer a few extra months to complete without incurring any penalties.
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Price
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The agreement should state clearly the price, the payment terms and the payment method. Ideally, in a construction agreement this should be listed as a schedule. -
It should also be calculated by units such as per square meter or square wah as plot size may wary after completion. Be wary of additional charges that you have not discussed with the developer.
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Payment Penalties
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Check that the penalties for default of payment are not too burdensome on you. -
Terms such as immediate rescission of contract and retaining the money you have already paid are not uncommon but there should be a period given to you to remedy this default.
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Developer's Default
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Ensure that you have some recourse to a full refund in the event that the developer does not complete the construction due to insolvency or for any other reason.
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Late Completion
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Penalties should be given to you, a buyer, if the completion is late. -
This is normally deducted from the final payment due upon completion. -
Penalty rates vary greatly in Thailand although for condominiums there is a daily minimum penalty of 0.01% of the total unit price. For homes and villas, the penalties tend to be around the 3,000 THB to 5,000 THB per day figure.
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Building Specifications
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The contract should have a comprehensive list of all the materials being used in the construction including its quality, quantity and model. Usually, the more detailed the better. -
Be wary of substitution clauses which gives the developer the latitude to replace certain materials with "similar or better quality" items should the price of that material increase. -
Ensure that such a clause is drafted in a way so as to give you the final decision on the matter.
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Building Floor Plan
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Ensure that a floor plan is also attached to the main documents. -
Again be wary of clauses in the agreement which allows the developer to "modify" the floor plan but keeping it 'similar' to the plan agreed upon. -
You will want to be aware of such deviations whether minor or not and the agreement should be drafted to reflect this.
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Recitals
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Ensure that in the recital or in the beginning of the agreement, it states that the developer is the rightful owner of the land in question. -
If they don't, you should address the concern in the fine print or by adding an addendum by inserting language such as if the developer does not currently hold title, the agreement may be rescinded by the buyer along with full refund.
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Assignment
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Many things can happen in the future so it is useful to have an 'exit clause' should your plans change. -
An assignment clause allows you to transfer the obligations of the agreement to a third party. -
Note the administration fee due to the developer for this action. An assignment clause may also allow you the option to 'flip' the property should the market be conducive.
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Alternative Dispute Resolution
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No matter how careful you are or how good your relationship is with the developer, a dispute may arise. -
The agreement should have an arbitration clause so settle any disputes. -
Arbitration is generally less costly and formal compared to court proceedings.
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Buying Off-Plan Property In Thailand -
Pre-construction in Thailand is not uncommon. Thailand is seeing a current surge in housing and condominium developments despite the slight downturn in the economy. The demand for these projects by foreign investors is still strong, particularly in traditionally popular markets such as Bangkok, Phuket, Pattaya and Hua Hin. -
This is not exceptional in Thailand as the rest of the world have for many years embraced pre-construction investment for its highly attractive buy low and sell high scenario. Regardless of this trend, in order to protect your future investment and interest with such types of acquisitions, there are certain things to look out for when buying a pre-construction property here in Thailand. -
What Is Pre-Construction Acquisition? -
You should, as you would with any property acquisition: -
These are just some of the things you can do before signing any contracts with the developer in order to safeguard your future investment. -
The Thai Contract Culture -
Care should be taken whether you are buying from a local or an international developer. -
What To Look Out For In Pre-Construction Contracts? -
There are some minimum requirements which must be met in a pre-construction contract in order to minimize your exposure to any risks should anything happen. These are some fundamental elements which should be included in every pre-construction contract: -
It is always a good idea to have your contracts reviewed by a legal practitioner here in Thailand whether it's drafted in English or Thai. There can be many unanticipated problems associated with pre-construction acquisitions. However, if proper due diligence and research is done and accompanied with a sound contract, you will be in a much better position when making that decision to invest.
Immigration & Visa
How to Obtain a Retirement Visa in Thailand?
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Passport (at least one year remaining before expiration) -
You must be holding nationality or permanent residence of the country of application -
Proof of Funds
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Must be 50 years old and above -
Passport (signed copies of each page) -
Non-Immigrant Visa -
Departure Card TM.6 -
Proof of meeting Financial Requirements -
Thai Bank Book (original) -
Letter from your Thai Bank -
Three(3) 4×5 cm photos, with full face taken
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STEP 1: OBTAIN A NON-IMMIGRANT VISA -
Requirements: -
STEP 2: OBTAIN A ONE-YEAR RETIREMENT VISA -
Requirements: -
STEP 3: OBTAINING A RE-ENTRY PERMIT -
Most people misunderstand the different concepts of “Extension of Stay” and “Re-entry Permit”. Sometimes mistaken for each other, you must understand that these are two different things, both of which you would need during your stay. -
The Extension of Stay is simply the controlling date. Everything else is dependent on this. Everything is invalidated when your Extension of Stay expires. On the other hand, the Re-entry Permit’s validity is subject to the validity of your Extension of Stay. However, leaving Thailand without a re-entry permit automatically invalidates your extension of stay. -
STEP 4: REPORTING YOUR STAY EVERY 90 DAYS and VISA EXPIRATION -
You are required to report to the Immigration Police every 90 days if you are on a long term extension of stay. Persons holding a multiple entry visa will simply depart Thailand and renew their extension of stay after each 90 day entry. -
If you cannot obtain your extension inside Thailand, you will have to get a new non-immigrant visa from a Thai Embassy or Consulate abroad.
Meeting the Financial Requirements for a Retirement Visa ?
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Bank Account showing THB 800,000 -
Monthly income of at least THB 65,000 -
Combination (Bank Account + Income x 12 = THB 800,000)
Thailand Visa ?
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Transit Visa -
Tourist Visa -
Non-immigrant Visa (B, O, ED, OA etc.) -
Diplomatic/Official Visa -
Courtesy Visa
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Here are the types of visas available depending on the purpose of travel that you can obtain from the Thai embassy or consulate: -
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Here are the most common types of visas foreigners obtain for Thailand:
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TOURIST (TR)
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Tourism in Thailand -
Not for Business or Employment purposes -
Allowed to stay up to 60 days -
Extension allowed for another 30 days
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BUSINESS (B)
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Business in Thailand -
Employed or Sponsored by Thai Company -
Allowed to stay up to 90 days for single or 1 year for multiple entries
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EDUCATION (ED)
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Study in Thailand -
Allowed to stay up to 90 days for single or 1 year for multiple entries
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RETIREMENT OR MARRIAGE (O)
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Retirement or Marriage -
Retiree must be 50 years or older -
Marriage must be to a Thai National -
Allowed to stay up to 90 days for single or 1 year for multiple entries
Special Note