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Andrew Dwyer

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Posts posted by Andrew Dwyer

  1. Had a bit of success today !
    Around noon the apartment office calls me and gives me a contract stating I had been there since May 3rd 2016 and I am now the tenant.
    I asked them if they had done a TM30, they seemed a bit vague so got them to fill one in.
    Legged it down to Immigration (Pathum Thani) for residence certificate, gave them the TM30 and got the receipt stapled in my passport as people have been stating, also no fine for not reporting in 24 hours !!
    On to DLT , too late to do the eye tests etc but checked about all the required paperwork and am good to go !!
    So, today got residence certificate and TM30 sorted.
    Tomorrow get DL.

    Next week..conquer the world !!!
    [emoji51][emoji51]


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    • Like 1
  2. Thank you.
     
    From the Immigration Act:
    “ House Master ” means any persons who is the chief possessor of a house , whether in the capacity of
    owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.
     
    Established fact: Your friend is the "House-Master", ie the chief possessor of the apartment in her capacity of tenant, as defined in Section 4 of the Immigration Act.
     
    From the Immigration Act:
    Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager
    where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the
    competent official of the Immigration Office located in the same area with that hours , dwelling place or
    hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office
    located in that area , the local police official for that area must be notified.
     
    Legal fact: Your friend, who in the context of Section 38 is "house-master" and possessor rolled into one, must notify immigration of the arrival of foreigners at her residence with the form TM.30. In cases where the tenant does not submit the TM.30, some, perhaps most, immigration immigration offices accept this notification also from the owner of the residence even though he is neither the "house-master" nor the possessor of the residence.
     
    TM.30: Submitting the notification to immigration, to avoid possible confusion on the part of the immigration official your friend may want to underline or encircle the text "POSSESSOR OR RESIDENCE" below her signature.
     
    Should the immigration official to whom your friend is submitting this notification feel that he is not the competent official authorised to accept it under Section 38 of the Immigration Act, your friend should ask to speak to a higher-ranking official or the chief of the immigration office.
     
    P.S. I give you below also the link to the original Thai text of the Immigration Act in case your friend may find it useful to look up the Thai terms that correspond to the English terms I have highlighted in red.
    https://drive.google.com/open?id=0BwNib_gx9zYEamJNbG5wWHlqakk

    Okay, thanks for that, I'll get on it tomorrow .


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  3.  
    OK, let's try to get to the bottom of this, taking one step, one question at a time to avoid confusion. Hopefully, no other member will butt in again with his or her own problem until we got you sorted out.
     
    Question 1
    Rental agreement: does your friend or do you have a copy of the the agreement? if yes, who signed it in the capacity of tenant?

    As it turns out, my gf is the tenant, at the time we both assumed that it was in both names, ( my gf is as naive as me on these subjects), the apartment admin did not make it clear to her ( I'm just stood there with a smile as it's all done in Thai) .
    I provided passport and tm6 , which were photocopied, and signed these copies.
    This was all done back in May 2016.

    Recently I decided I should get a Thai Driving license and approached apartment admin for some proof of my residence there.
    That's when it came to light that apparently I don't exist. !!


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  4. I think if you read the OP and his latest response, it was all a little bit of one and half a dozen of the other. He wasn't bothered because he thought he was only there a short time and for whatever reason, the management never bothered, as many are not. Now he is staying for a long period and needs a Residency Certificate and the chase is on. I suppose the management think that he isn't that bothered because he hasn't been bothered in 8 months. Now I would assume it will eventually get done......Although on 'Thai time' :smile:

    Correct !, I certainly was a bit lazy as it was all temporary at first , plus I had retirement/divorce/family member illness on my mind,but now I have more direction and want to do things by the book.

    I successfully got the O-A visa in October so the rest of the formalities should be a piece of cake.........right ?
    [emoji51]



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    • Like 1
  5. Missed a bit. They couldn't possibly of reported you online on Jan 2. The system has been down for weeks and is still down now. If they actually went to immigration and reported you, they would of gotten the receipt immediately. They could of posted it but I would of expected it back by now. Ask them exactly how they reported you and when.

    This is probably the issue now, if this is the case I'll ask for a letter and try immigration again .


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  6. If you have a long term rental agreement, unless they are doing it as courtesy for you, I see no reason why they will unless they actually own the Condo rather than acting as agents for the actual owner who may well be thousands of miles away abroad.. If the agreement is in your Girlfriends name all she needs to do is go to immigration with you, fill in the form and report you as living with her. You or/and her maybe fined for failing to do it within 24hrs, that depends on immigration. If you have moved from another Thailand address you will also need to do a TM28 form as a change of address.
    May16 until now seems a long time not to have a rental agreement? Something is not right here IMO. If you have no rental agreement after 8 months, I would seriously consider finding other accommodation.

    Yeah, I know it all seems a bit suspicious but it's not, it's basically down to me being lazy and going with the flow !
    This place was gonna be temporary so I didn't dot the i's and cross the t's but will probably stay here at least another 6 months now so have to make it all legal .



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    • Like 1
  7. Your not listening. His immigration office want him to register a TM30 before he can get one. He has nothing. He cannot register a TM30 unless he has a rental agreement or the person that does have it registers him.
    The only way is he moves into a hotel and the hotel either report him or they issue him a letter to say that's his address.

    Filled in a rental agreement on Jan 2nd with apartment and they "promised" to have it sorted within 2 weeks !
    So now I'm waiting , for what I'm not exactly sure, I got the impression they are doing the tm30 and waiting for receipt from immigration ?


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  8. I am struggling to get my head around this. You have been in an apartment since May 2016? That's 8 months. Can I ask who's name is the rental agreement in because you cannot surely be paying a nightly rate for 8 months? I assume you GF is Thai who you said used her ID to book you in, is the rental agreement in her name? If It is then she becomes the 'House master' she registers you on the TM30 with no problem.
     

    Yes she is Thai and when we registered we both assumed it was in both names ( if that's even possible ?) as they photocopied my passport and tm6 as well as her id.
    Never thought anything more about it till looked into a residence certificate for DL.
    Went to Pathum Thani immigration, gf explained the situation, basically told me to get proof of residence from apartment !!

    I don't have any other proof .


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  9.  
    Immigration are getting tougher about foreigners address of stay.
    Sounds to me that the owners are not bothering because they have your girlfriends name and they are not notifying with a TM30 they will get fined if found out.
     
    Have you confronted them about it saying you need to get a driving licence.  ??
     
    If your uncomfortable with the situation,  l know l would be,  go to immigration yourself and inform them of your address of stay.
    They will then give you a letter of residence to get your Thai DL.
     
    Yourself will be required to notify immigration as you know of 90 day address of stay if your here for that long and you only have 7 days after 90 days to report anymore is a 2000 baht fine.    

    Went to immigration, they basically said I need proof that I am staying at this address !
    I feel like I'm stuck till my apartment office does the tm30 or gives me some proof of residence here.


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