Consequences of leaving Thailand 5 days after 90 day report due?

[tgeezer]

They only do that for the first extension of stay application since it counts as doing a report.
If you have already done one extension of stay you will go by the date on the receipt for your most recent 90 day report.

The next ninety day report chit shows how very helpful and fair Immigration tries to be.
When I started as a retiree, alternating between UK and Thailand, I used to return a few days early in order to renew my extension. I would then report 90 days after exending which for several years meant that I reported within the seven day grace period. One year I returned more than a week before the anniversary of my extension and duly reported 90 days after extending, wrong! I felt extremely hard done by when told that a fine was due and made a big fuss, something which I would never do now. A senior officer firmly confirmed the fine and inspite of my protestations would not budge. Naturally I realized that resistance was futile and after some face saving time I agreed to cut the process short and pay up. Unfortunately it wasn’t in my power to cut the process short, they busied themselves with other matters and all attempts to intetrest them in my case failed. My money was finally accepted shortly before closing time. That was a long day, plus a long walk because by that time there was no transport, and guess what? Noone in that office offered me a lift to the main road!


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[jharr]

Thank you for the responses.

There seemed enough posts on the side of caution so I did the 90 Day today.

I then checked with them whether I needed to do it.

They gave me a clear not required within the 7 day grace period.

So leaving after 90 days but before 98 days without reporting is okay.

This was Muang Chiang Rai Immigration.

Cheers

[elviajero]

15 hours ago, tgeezer said:

Personally I think that they have you bang to rights if you are in country beyond 90 days and fail to report. The police order may give seven days and that is very reasonable if you make a report.

The actual wording of The Immigration Act says “report not pull-slow” (Chak Cha ) to describe what you must not be. Tardy might be a good translation.

I know that this doesn’t answer the question except to say that in my opinion you would not have a strong case if it was discovered and it became an issue.

A better translation of โดยไม่ชักช้า (doy mi chak-chaa) in the context would be 'report without delay'. The official english translation of the immigration act of "as soon as possible" is IMO spot on.

 

[tgeezer]

A translator has many English words to choose from, to be tardy is to delay. Semantics are interesting because they can only apply to one language. Report without delay, means that a report is due. Report within seven days also means that a report is due. As far as Translation is concerned I believe that we are unable to use Thai on this forum but I would be happy to discuss it in the language forum.


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[thomash]

The 90 day check in is somewhat of a joke to begin with and the worse thing that could happen is you get fined 2,000 baht if you have a visa that you try to renew. I once missed a 90 day check in and had one more to do before my visa expired.The immigration official told me not to bother to do the next 90 day check in as I had missed this one. I left the country before my visa expired and nothing ever happened even when I later applied for a new visa after I returned. Like I said it is somewhat of a joke.

[tgeezer]

2000 Baht is considered a substantial fine, normal inflation is acceptable but there it isn’t advisable to add a farang inflation factor by suggesting that it isn’t.
I remember when the 90 day report rule began to be applied by immigration there was a great discussiion on it similar to discussions being had now on the TM 30 report. I see ‘keeping tabs’ on us as being for our own protection and for the protection of Thailand should we go missing and realtives alert the tabloid press which might have a negative effect on Thailand. In some cases these reports have proved useful as a “stick to beat” certain types of long-stayers with which has attracted negative criticism from them and posts from people like thomash who was favoured and used his eperience to mock Immigration.


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[elviajero]

6 hours ago, tgeezer said:

A translator has many English words to choose from, to be tardy is to delay. Semantics are interesting because they can only apply to one language. Report without delay, means that a report is due. Report within seven days also means that a report is due. As far as Translation is concerned I believe that we are unable to use Thai on this forum but I would be happy to discuss it in the language forum.

Semantics are important, which is why "tardy" wouldn't be a good choice. Many english speakers will have heard the word, but very few would know the meaning without reaching for a dictionary.

 

There is no doubt that a report is due. The discussion is whether immigration want a report made if leaving within 7 days, and whether they can fine someone retrospectively if they leave, within 7 days, without reporting. They don't and they, legally, can't.

 

5 hours ago, tgeezer said:

I see ‘keeping tabs’ on us as being for our own protection and for the protection of Thailand ...

"Keeping tabs" on us is the sole purpose of this law. If we stay longer than 90 days they want us to confirm we are doing so, and to report our address. Once you leave the country they aren't interested in any outstanding reports, because a report would be redundant. If they were bothered about outstanding reports they would have checks at the airport/border. If they were retrospectively fining people we would hear people whinging about the fact.

 

5 hours ago, tgeezer said:

I remember when the 90 day report rule began to be applied by immigration ...

When did they start enforcing the 90 day report rule?

[tgeezer]

I think that you are being a little ambitious in the declaration "They .... legally can't" but this discussion has reached the level enjoyed by lawyers and whatever the outcome on legality it is likely still to be done on a case by case basis in reality.
I think that even though the police order seems to have changed the requirement to 97 days an argument could still be made for 90 days.
As to when the 90 day report became a requirement, perhaps I should change that to when a dedicated section to receive these reports was formed because of course it has always been a requirement, I a, not sure. I remember argumants similar in nature to what we now enjoy with the TM30 reports. I am not expert at searching this forum, indeed I am not sure that with an iPad I can but if you go back at least twelve years you will find discussions on it.



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[tgeezer]

I hope that someone is going to dig out the forum posts relating to the start of the 90 day report section. If it isn’t researched I will go on believing that TV created the need and that the TM30 is going the same way!


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[ubonjoe]

37 minutes ago, tgeezer said:

I hope that someone is going to dig out the forum posts relating to the start of the 90 day report section. If it isn’t researched I will go on believing that TV created the need and that the TM30 is going the same way!

I think they started enforcing the 90 day reports before Thai Visa existed. It was somewhere around 1999 to 2001. The 90 day reports have been required since 1979 when the immigration act was written.

They have been enforcing the TM30 form for businesses for a long time. It is only within the last 3 or so years that they started enforcing them for individuals.

[Ban Phe Dezza]

On 11/24/2017 at 7:47 AM, ubonjoe said:

I think they started enforcing the 90 day reports before Thai Visa existed. It was somewhere around 1999 to 2001. The 90 day reports have been required since 1979 when the immigration act was written.

They have been enforcing the TM30 form for businesses for a long time. It is only within the last 3 or so years that they started enforcing them for individuals.

Hi some one brought this old post to my attention as I am due to fly out on the 30th of January 2019 and that will make me 2 days in arrears. I asked at Rayong

Maptaphut Immigration Office, Rayong

and the officer said Mai Phen Rai or report not required . However if i get a different officer later next year may be a different issue.   Food for thought I think i will do it on line just to be safe  

[Langsuan Man]

In 12 years of flying out of Thailand I have never had the outbound IO even look at my 90 Day report receipt, all he wants is the Departure Card and has always handed me back the 90 day report slip without even a glance

 

Last three trips out I just kept it in my passport holder