90 day reporting - precise applicatiton of fine

[triffid]

I am required to report on the 4th November.  The 7 day grace allowed would take me to the 11th.  If I left on a suvarnaphumi flight at any time on the 11th would I be ok?  Or does the grace extend only to the 10th so that the 11th departure would attract a fine?

[Phuket Man]

The 7 days is for reporting.

It is not for not reporting at all.

You wont be stopped at the airport but might have a problem next time you visit Immigration.

[triffid]

No, I wouldn't want the problem you suggest I might encounter on my next visit.  (Nor - even more seriously - would I want any adverse effect on my annual visa extension).  Unless I know now that the worst that could happen would be the imposition of a fine of a precise maximum amount.  

 

Otherwize I'll just go on the 4th, the current reporting date.  (I presume any time on that date is ok - not something arbitrary such as before ?? pm.

 

[ubonjoe]

9 minutes ago, triffid said:

 Unless I know now that the worst that could happen would be the imposition of a fine of a precise maximum amount.  

The worst that can happen is the normal fine of 2000 baht. But they could fine you up to the maximum of 5000 baht.

9 minutes ago, triffid said:

Otherwize I'll just go on the 4th, the current reporting date.  (I presume any time on that date is ok - not something arbitrary such as before ?? pm.

If you mean doing your report you can do it up to 15 days before your report date or the 7 days after including the report date in the count.

If you mean leaving the country on the report date it you would have to leave before midnight.

[triffid]

7 minutes ago, ubonjoe said:

The worst that can happen is the normal fine of 2000 baht. But they could fine you up to the maximum of 5000 baht.

If you mean doing your report you can do it up to 15 days before your report date or the 7 days after including the report date in the count.

If you mean leaving the country on the report date it you would have to leave before midnight.

 

The very worst fine, then, could be up to 5000 baht.  

I think I'll catch a flight on the 4th departing before midnight.

Thanks for the info.

[Swiss1960]

 
The very worst fine, then, could be up to 5000 baht.  
I think I'll catch a flight on the 4th departing before midnight.
Thanks for the info.

90d reporting is FREE of charge, can even be done online.. so why not just do it now and enjoy Thailand for few more days?

Sent from my CPH1821 using Thailand Forum - Thaivisa mobile app

[elviajero]

To avoid any possible fine you must report, OR leave the country within 7 days of the 90th day.

 

You can leave on or before the 10th and you will not have any problem now or in the future.

 

If you leave after the 10th a fine for not reporting on time becomes due and they could (almost certainly wouldn’t) collect that fine when you report in the future.

[elviajero]

2 hours ago, triffid said:

The very worst fine, then, could be up to 5000 baht.  

I think I'll catch a flight on the 4th departing before midnight.

Thanks for the info.

You would only be fined 2,000 baht for not reporting (unlikely). I’ve never heard of anyone being fined 5,000 baht for one missed report. 

[triffid]

Unfortunately I took steps based on the earlier more negative predictions of PhuketMan and UbonJoe above; and didn't get to see the later posts until today.

 

The trouble is that the nearest immigration office is 3 hrs away - and I haven't learned and tried out the online method.  

 

But thanks to all responders.

[PoorSucker]

On 10/25/2018 at 3:03 PM, elviajero said:

To avoid any possible fine you must report, OR leave the country within 7 days of the 90th day.

 

You can leave on or before the 10th and you will not have any problem now or in the future.

Be careful predicting the future, everyone said one two days overstay wouldn't cause problems in the future.

Well now you can't get a tourist visa in Penang with an overstay stamp in your passport.

[elviajero]

1 hour ago, PoorSucker said:

Be careful predicting the future, everyone said one two days overstay wouldn't cause problems in the future.

Well now you can't get a tourist visa in Penang with an overstay stamp in your passport.

I agree with your overall point, but I was referring specifically to receiving a late report fine.

[triffid]

Anyway I did the booking for tomorrow, based on the pessimistic possibilities.  Perhaps I'll pose these questions hypothetically to immigration when I go for my next renewal etc - though I don't know if one could rely absolutely on their answers.

 

By the way, has anyone done online 90 days at the Korat immigration office?

[ubonjoe]

2 minutes ago, triffid said:

By the way, has anyone done online 90 days at the Korat immigration office?

As far as I know they will process a online 90 day report. Only a few offices refuse to process them.

[certacito]

On 10/25/2018 at 3:03 PM, elviajero said:

To avoid any possible fine you must report, OR leave the country within 7 days of the 90th day.

No, the grace period is for reporting, NOT leaving the country!

[elviajero]

4 hours ago, certacito said:

On 10/25/2018 at 9:03 AM, elviajero said:

To avoid any possible fine you must report, OR leave the country within 7 days of the 90th day.

No, the grace period is for reporting, NOT leaving the country!

There is no “grace period”.

 

You are required by law to report your address as soon as possible after day 90. If you don’t report within 7 days after day 90, and are still in the country, a fine becomes due and potentially (highly unlikely) could be collected anytime in the future if you leave without reporting.

 

If you leave the country within those 7 days your continuous stay count ends, the obligation to report your address ends, and as you didn’t stay beyond 97 days no fine can be charged — ever.

Edited October 29, 2018 by elviajero

[itsallmedia]

Forgot to do my 90 day report and was 2 weeks over the 7 day grace. Had no issues leaving or returning to Thailand. Immigration officers said nothing to me about it.

[certacito]

16 hours ago, elviajero said:

There is no “grace period”.

 

You are required by law to report your address as soon as possible after day 90. If you don’t report within 7 days after day 90, and are still in the country, a fine becomes due and potentially (highly unlikely) could be collected anytime in the future if you leave without reporting.

 

If you leave the country within those 7 days your continuous stay count ends, the obligation to report your address ends, and as you didn’t stay beyond 97 days no fine can be charged — ever.

Why do you keep spouting this lie? The 7 days after the due date is ONLY if you make a report, not if you leave the country. I concede that the chances of being "found out" and fined if you left the country are slim, I do think you should post the actual facts as backed up by the applicable rules, (which mine is).

[ubonjoe]

15 hours ago, itsallmedia said:

Forgot to do my 90 day report and was 2 weeks over the 7 day grace. Had no issues leaving or returning to Thailand. Immigration officers said nothing to me about it.

Immigration on departure or entry to the country do not care about 90 day reports since it is not their responsibility to check for them.

It is your local immigration office that could make a problem for not doing the report when you do your first report after returning to the country. You could be fined 2000 baht for not doing the report.

[elviajero]

20 hours ago, certacito said:

Why do you keep spouting this lie? The 7 days after the due date is ONLY if you make a report, not if you leave the country. I concede that the chances of being "found out" and fined if you left the country are slim, I do think you should post the actual facts as backed up by the applicable rules, (which mine is).

If you'd ever spoken to immigration on the subject you would have a better understanding. No doubt you won't accept any of the following, but for what it's worth here are the facts.

The law;

5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the competent official at the Immigration Division , in writing , concerning his place of stay , as soon as possible upon expiration of ninety days. 

 

TM.47 - FORM FOR ALIEN TO NOTIFY OF STAYING LONGER THAN 90 DAYS

(The fine of Overdue Notification is not exceeding 5,000 Baht)

 

Notification period;

4. The notification must be made within 15 days before or after 7 days the period of 90 days expires.

 

So, by law, notification becomes due at 00:01 on day 91, and as per the law we must report AS SOON AS POSSIBLE. Immigration give us 7 days at the latest to make the notification. Notification is not overdue, as per immigration rules, until after day 97. If you leave on day 96, your stay ends, and you haven't stayed long enough for the report to become overdue, so no fine can ever be charged.

 

If you believe that someone leaving on day 96, that doesn't report, can be fined then the same applies to someone leaving at 00:01 on day 91. That would be a tad unreasonable considering the report has only just become due!

 

Immigration have no interest in someone reporting their address that's leaving within 97 days. Why would they when the purpose of the report is to update our address for the next 90 day period. Don't take my word for it, ask immigration.

 

Another member asked a similar question, was told by the forum (except me) that they needed to report, so they did. When they reported they asked the IO who confirmed a report was not necessary. There are others.

 

Edited October 30, 2018 by elviajero

[certacito]

3 hours ago, elviajero said:

notify

 Just that one word alone supports my argument. If you could read, you too would realise you are wrong.

[elviajero]

21 hours ago, certacito said:

 Just that one word alone supports my argument. If you could read, you too would realise you are wrong.

How does that support your argument? (rhetorical) 

 

Your argument is just opinion. Even if you believe I am wrong you have another member confirming I am right. Maybe he's lying to? (rhetorical) 

 

Step away from your keyboard, google and forums and go and ask at immigration.

[certacito]

3 hours ago, elviajero said:

How does that support your argument? (rhetorical) 

 

Your argument is just opinion. Even if you believe I am wrong you have another member confirming I am right. Maybe he's lying to? (rhetorical) 

 

Step away from your keyboard, google and forums and go and ask at immigration.

 

How can you not see that you are writing about making a NOTIFICATION not failing to report?

[elviajero]

18 hours ago, certacito said:

How can you not see that you are writing about making a NOTIFICATION not failing to report?

The discussion is about whether or not someone leaving the country -- between days 91 & 97 -- without notifying their address can be fined. They can't, because the report never becomes overdue, because you don't stay longer than 97 days.

[certacito]

5 hours ago, elviajero said:

The discussion is about whether or not someone leaving the country -- between days 91 & 97 -- without notifying their address can be fined. They can't, because the report never becomes overdue, because you don't stay longer than 97 days.

 

You really don't understand English do you. Everything you have posted is about making a notification, not missing one! The report is overdue come day 91, but you are given until day 97 to MAKE A REPORT not to leave the country.

[Ban Phe Dezza]

On 10/30/2018 at 7:22 AM, ubonjoe said:

Immigration on departure or entry to the country do not care about 90 day reports since it is not their responsibility to check for them.

It is your local immigration office that could make a problem for not doing the report when you do your first report after returning to the country. You could be fined 2000 baht for not doing the report.

 Greetings I just did my 90 day report on 31st Oct at Marraput/ Rayong same time as extension. the 90 days ends January 28th  2019. I am departing 30th January to Australia, I asked the I/O if i needed to do a new report by the 28th he said no need as there is a 7 day grace period, Possibly a local decision. I may do an online application just to be safe 

[mikebell]

On 10/25/2018 at 11:54 AM, ubonjoe said:

you can do it up to 15 days before your report date or the 7 days after

I wish I'd known this before.  It cost me 2000 for being 3 days late at Jomtien; I started by apologising so he knew I didn't know.  Funny, I never got a receipt either.

[elviajero]

2 hours ago, certacito said:

 

You really don't understand English do you. Everything you have posted is about making a notification, not missing one! The report is overdue come day 91, but you are given until day 97 to MAKE A REPORT not to leave the country.

Wrong again!

 

A report becomes due on day 91, but is not overdue until after day 97.

[elviajero]

2 hours ago, Ban Phe Dezza said:

 Greetings I just did my 90 day report on 31st Oct at Marraput/ Rayong same time as extension. the 90 days ends January 28th  2019. I am departing 30th January to Australia, I asked the I/O if i needed to do a new report by the 28th he said no need as there is a 7 day grace period, Possibly a local decision. I may do an online application just to be safe 

@certacito

 

Now you have two reports from members confirming that a report is not needed if leaving within the 7 days after day 90.

 

But you’re going to ignore that too, because it doesn’t support you’re opinion.

[certacito]

23 minutes ago, elviajero said:

@certacito

 

Now you have two reports from members confirming that a report is not needed if leaving within the 7 days after day 90.

 

But you’re going to ignore that too, because it doesn’t support you’re opinion.

 

No, you have 2 people who were told that no report is needed and were not fined. As you are aware, immigration officials are very often not clued up on their own rules.

[elviajero]

33 minutes ago, certacito said:

No, you have 2 people who were told that no report is needed and were not fined. As you are aware, immigration officials are very often not clued up on their own rules.

There are other reports by TVF members, but I’m not going to bother finding them, as you’re clearly more “clued up”.

 

I have explained to you the law/rules, explained why a report isn’t needed, explained why they can’t — by law/rules — fine someone, and you’ve got two independent reports backing up what I’m telling you.

 

End of.