Thailand Tightens Visa Exemption and Deportation Framework

Introduction

Thailand has recently introduced significant changes to its immigration framework, reducing the general visa exemption period and implementing a new regulatory framework governing deportation proceedings. These developments reflect the authorities’ increased focus on immigration compliance, enforcement and public order.

Thailand Replaces the 60-Day Visa Exemption Scheme

Following growing public concern regarding the conduct of certain foreign visitors and the broader implications of the 60-day visa exemption scheme introduced in 2024, Thailand has recently taken steps to tighten its immigration framework, both in relation to visa-exempt entry and the enforcement of deportation measures against foreign nationals who violate Thai laws.

On 31 August 2026, the Thai Government published new notifications of the Ministry of Interior revising Thailand’s visa exemption scheme. The existing 60-day visa exemption scheme, which had applied to nationals of 93 countries and territories since 2024, will be revoked and replaced by a 30-day visa exemption period.

One of the relevant notifications is the “Notification of the Ministry of Interior Re: Prescribing the List of Countries and Territories Whose Holders of Passports or Travel Documents Entering the Kingdom Temporarily for Tourism Purposes Are Exempted from Visa Requirements and Permitted to Stay in the Kingdom for a Period Not Exceeding Thirty Days” (“Visa Exemption Notification“).

The new measure will take effect from 15 September 2026 onwards. Accordingly, nationals of countries and territories covered by the Visa Exemption Notification will generally be permitted to enter Thailand without obtaining a visa in advance and remain in Thailand for a period not exceeding 30 days per entry, instead of the 60-day period available under the existing scheme.

The countries and territories covered by the new 30-day visa exemption scheme include, among others, India, Israel, Singapore, the United Kingdom and the United States. Where Thailand has entered into a bilateral visa exemption agreement with another country, however, the applicable period of visa-exempt stay may instead be determined by the relevant bilateral arrangement.

Bilateral Visa Exemption Arrangements Remain Unaffected

In the case of Chinese nationals holding ordinary PRC passports, visa-free entry will continue to be available under the bilateral visa exemption agreement between Thailand and China, under which a stay of up to 30 days per entry is permitted. According to information published by the Ministry of Foreign Affairs, ordinary passport holders of five countries (Argentina, Brazil, Chile, Peru and the Republic of Korea) are entitled to visa-free stays of up to 90 days under their respective bilateral arrangements with Thailand.

Restrictions on Land Border Crossings

The revised visa exemption framework also limits the use of visa-exempt entry through land border checkpoints to a prescribed number of two entries per calendar year with the exception of nationals of Malaysia, Brunei, Indonesia and Singapore, for whom land border crossings are commonly used.

Such a restriction is not entirely new to Thailand. Similar measures have previously been implemented to discourage so-called “border runs”, whereby a foreign national briefly leaves Thailand and immediately re-enters the country in order to obtain a new period of permitted stay. The restriction applies specifically to entry through land border checkpoints and does not generally impose the same limitation on arrivals through international airports.

A New Administrative Framework for Deportation

In parallel with the revision of the visa exemption scheme, the Thai Government has also introduced a more structured framework for the deportation of foreign nationals. The Regulation of the Office of the Prime Minister on Deportation, B.E. 2569 (2026) (“Deportation Regulation“) came into effect on 28 August 2026.

The Deportation Regulation does not replace the Deportation Act, B.E. 2499 (1956) (“Deportation Act“), which remains in force. Rather, the Deportation Regulation was introduced to address the absence of a detailed administrative framework governing the procedures among the relevant government authorities in implementing deportation measures. The Deportation Act itself is longstanding legislation, and its substantive framework has remained largely unchanged since 1978.

The underlying statutory authority to deport a foreign national continues to derive from the Deportation Act. In broad terms, the Deportation Act provides that:

“Where it appears necessary for the maintenance of public order or good morals, the Minister shall have the power to issue an order deporting an alien from the Kingdom for such period as the Minister deems appropriate.”

Conduct That May Give Rise to Deportation

Against the backdrop of increased scrutiny of foreign nationals who violate Thai laws, Clause 5 of the Deportation Regulation provides a clearer framework identifying conduct that may be referred for consideration of deportation. The relevant circumstances include the following:

1. 1. A foreign national who unlawfully enters or remains in Thailand in violation of Thai immigration law. This includes a foreign national who overstays his or her permitted period of stay. A person who voluntarily reports an overstay when departing Thailand will generally be subject to an overstay fine of THB 500 per day, subject to the statutory maximum. However, where an overstayer is apprehended by the authorities before voluntarily departing Thailand, the individual may face prosecution in addition to other immigration consequences. In view of the reduction of the general visa exemption period from 60 days to 30 days, visa-exempt travellers should therefore pay particular attention to the period of stay granted upon entry.

1. 2. A foreign national who works unlawfully in Thailand in violation of Emergency Decree on the Management of Foreign Workers, B.E. 2560 (2017). Foreign nationals working in Thailand are generally required to obtain a work permit and must ensure that the activities actually performed are consistent with such authorisation. Although enforcement against illegal workers is not new, the Deportation Regulation expressly identifies unlawful working as conduct that may result in deportation proceedings.

1. 3. A foreign national who conducts business in violation of the Foreign Business Act, B.E. 2542 (1999). This includes business activities and occupations that foreigners or foreign entities are prohibited or restricted from undertaking, as well as certain business activities that may only be undertaken upon obtaining a Foreign Business License.

1. 4. A foreign national who forges an official government document or uses a forged government document. This may include, for example, the use of a forged or falsified passport or other official documentation.

1. 5. A foreign national who violates any law where the offence carries a sentence of more than five years’ imprisonment, such as drug trafficking, money laundering, robbery, etc.

1. 6. A person who acts as a principal, instigator or accomplice in relation to any of the conduct referred to above may likewise fall within the scope of the Deportation Regulation. This provision is potentially broad, and its practical application will depend on the facts of each case and the manner in which the relevant authorities interpret and enforce the Deportation Regulation. By way of example, a foreign employer who personally holds valid authorisation to work in Thailand but knowingly procures another foreign national to work unlawfully could potentially be exposed to consequences under this provision, depending on the circumstances and the applicable underlying offence.

As the Deportation Regulation has only recently come into force, its practical interpretation and enforcement by the relevant authorities remain to be seen. Nevertheless, the express inclusion of the above categories provides greater clarity as to the circumstances in which the authorities may initiate the deportation process.

Re-entry Bans and Rights of Appeal

The Deportation Regulation also provides that a deportation order may include a prohibition against the deported foreign national re-entering Thailand for a prescribed period. Under the existing framework, for example, a foreign national who overstays for more than 90 days may be prohibited from re-entering Thailand for one year, with progressively longer periods of overstay resulting in longer re-entry bans.

A foreign national who is subject to a deportation order is not without recourse. Under the Deportation Act, the person concerned may appeal the deportation order before the office of the Prime Minister within seven days from the date on which the deportation order is acknowledged.

Of particular significance, the Deportation Regulation also introduces a procedure addressing circumstances in which returning a foreign national to his or her country of nationality or another destination may expose that person to a serious risk of harm. The Regulation provides a mechanism through which a foreign state or an international organisation may, subject to the prescribed requirements, request that a person subject to deportation be transferred to the requesting state or to a third country rather than being returned to a country where the person may face torture, cruel, inhuman or degrading treatment, or enforced disappearance.

This mechanism reflects the principle commonly referred to as “non-refoulement”, under which a person should not be returned to a territory where he or she would face certain forms of serious harm. The introduction of an express procedure addressing this issue represents a notable development in Thailand’s deportation framework and raises a number of legal and practical considerations.

Key Takeaways

Taken together, the revised visa exemption scheme and the new Deportation Regulation indicate a broader shift towards tighter immigration control and more structured enforcement against foreign nationals who fail to comply with Thai immigration, employment, business and criminal laws. Foreign nationals entering or residing in Thailand, as well as businesses employing foreign personnel, should therefore pay closer attention to immigration status, work authorisation and compliance with other applicable Thai laws.

The newly introduced non-refoulement and third-country transfer mechanism under the Deportation Regulation is itself a significant development and will be examined separately in our next article.

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