Skipping on 90 report

[MsBom]

Hi all,

 

I have a question regarding a foreigner I know and who is considering being late on his 90 report.

 

He has never done a TM30 and knows he'll probably have to to do it this time.

 

He also changed his address a few month back and didn't do his TM28. To do his TM30, he guesses he'll have to do TM28 as well.

 

All things considered, he thinks it will take him a long time at CW to get everything done and he is really busy at the moment.

 

He considers doing it all together sometime next month or so.

 

Aside from the 2000 baht fine, would being late on his 90 report give him more troubles with local authorities in the future visa wise?

 

His exemption of stay expires mid of next year.

 

Any helpful answer would be greatly appreciated!

 

 

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[JohnnyBKK]

Same boat here, considering skipping it all too, mostly because of tm30 requirement.

[moe666]

For missing the 90day report he will have the fine of 1600b. I have missed mine a few times really no big deal.

[NCC1701A]

2 minutes ago, moe666 said:

For missing the 90day report he will have the fine of 1600b. I have missed mine a few times really no big deal.

you got off lucky. the fine for missing your 90 day reporting is 2000.

i heard 1600 for TM30.

 

[fishtank]

5,000 Baht maximum but usually 2,000 Baht fine.

[Chazar]

4 minutes ago, NCC1701A said:

you got off lucky. the fine for missing your 90 day reporting is 2000.

i heard 1600 for TM30.

 

do  they  backdate  or  only  the  last  one?

[jackdd]

Actually the maximum fine for a missing a 90 days report is 5000 THB + 200 THB per day, so if he is a month late they could fine him up to 11000 THB

Edited August 28, 2019 by jackdd

[MsBom]

So, is it safe to assume it won't affect him for his current or future visa? Also, i was told by immigration in the past that max fine for missing 90 report deadline was 500 baht per day with a max fine of 2,000 baht. Has it changed? I didn't know about the 5k + 200 daily


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[JohnnyBKK]

I forgot mine 3 times, once I was let off for free because I didn't even know what it was. The other time I paid 2000 thb, the other time nobody noticed.

[elviajero]

30 minutes ago, MsBom said:

Aside from the 2000 baht fine, would being late on his 90 report give him more troubles with local authorities in the future visa wise?

As things stand, no.

[timendres]

Also consider that they waste a page in your passport with a huge stamp for the penalty. Those with precious few pages left would want to consider this.

[timendres]

7 minutes ago, MsBom said:

So, is it safe to assume it won't affect him for his current or future visa? Also, i was told by immigration in the past that max fine for missing 90 report deadline was 500 baht per day with a max fine of 2,000 baht. Has it changed? I didn't know about the 5k + 200 daily

The 500/day is for overstay. Late on 90 day report is a fixed fine up to 5,000 baht. There are no daily numbers. It will almost certainly be 2,000 baht, but I imagine if you are egregious they will take pleasure in assigning the maximum fine.

[MsBom]

Thank you for the precious info.

Has anyone here or that you know of ever paid more than 2000 baht for a late 90 reporting?


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[elviajero]

15 minutes ago, jackdd said:

Actually the maximum fine for a missing a 90 days report is 5000 THB + 200 THB per day, so if he is a month late they could fine him up to 11000 THB

That’s not correct. The 200 baht doesn’t become chargeable until a fine is issued.

 

If you are late or miss a report and immigration issue a fine (Max 5,000 by law) — which the IB set at 2,000 if late, or 4,000 if caught — they can charge 200 baht per day until the fine is paid.

 

So even if you’re 2 months late reporting the fine would be 2,000 baht, assuming you paid it on the spot.

 

If you couldn't pay on the spot, and paid 4 days later, they could charge 2,800 (2K plus 4x200).

[jackdd]

4 minutes ago, elviajero said:

That’s not correct. The 200 baht doesn’t become chargeable until a fine is issued.

That's not what the law says

Any alien, alien, who fails to comply with the provisions of Section 37(2), (3), (4) or (5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law is complied with.

37 (5) = 90 days report

[elviajero]

13 minutes ago, timendres said:

Also consider that they waste a page in your passport with a huge stamp for the penalty. Those with precious few pages left would want to consider this.

I get your point, but the only stamp I’ve ever seen is small and took up less than a third of a page.

[elviajero]

11 minutes ago, MsBom said:

Thank you for the precious info.

Has anyone here or that you know of ever paid more than 2000 baht for a late 90 reporting?


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No. That’s only likely to happen if the IO is corrupt and trying to extort the person reporting late.

 

Immigration rules set the maximum fine for a late report at 2,000 baht.

Edited August 28, 2019 by elviajero

[timendres]

8 minutes ago, elviajero said:

I get your point, but the only stamp I’ve ever seen is small and took up less than a third of a page.

Half a page in my case:

[Pattaya46]

57 minutes ago, MsBom said:

Any helpful answer would be greatly appreciated!

Unsure if helpful or if a good idea, but if he has several problems in suspend (90D, TM30, TM28, …) maybe a visarun (of any kind) could reset most of them and he could make a clean situation by doing a TM30 when coming back ? 

[MsBom]

Thank you very much elviajero and all others for your precious information. If only a fine can be issued by missing out the deadline, it should not pose him any problem. Hopefully it will be 2000 baht and not more.

As always, you guys are great for taking the time to answer so fast, it is really appreciated!


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[timendres]

9 minutes ago, elviajero said:

No. That’s only likely to happen if the IO is corrupt and trying to extort the person reporting late.

 

Immigration rules set the maximum fine for a late report at 2,000 baht.

From: http://bangkok.immigration.go.th/en/base.php?page=faq  (I was unaware of the 200THB/day rule).

 

4. Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer : -In case notifying in person, the alien will be punished with a fine of 2,000 Bath.               -  In case of  being arrested for not notifying on the due date, the fine is 4,000 Bath and with an additional fine of 200 Bath for each day which passes until the law is complied with.

[MsBom]

From: http://bangkok.immigration.go.th/en/base.php?page=faq  (I was unaware of the 200THB/day rule).
 

4. Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer : -In case notifying in person, the alien will be punished with a fine of 2,000 Bath.               -  In case of  being arrested for not notifying on the due date, the fine is 4,000 Bath and with an additional fine of 200 Bath for each day which passes until the law is complied with.

Thank you for the info. From what I understand, it means that you'll be fined 200 baht per day starting from the moment you are arrested if you don't pay on the spot? Like elviajero mentioned? The wording is a bit confusing for me


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[elviajero]

48 minutes ago, timendres said:

From: http://bangkok.immigration.go.th/en/base.php?page=faq  (I was unaware of the 200THB/day rule).

 

4. Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer : -In case notifying in person, the alien will be punished with a fine of 2,000 Bath.               -  In case of  being arrested for not notifying on the due date, the fine is 4,000 Bath and with an additional fine of 200 Bath for each day which passes until the law is complied with.

There are two scenarios. 

 

1. You report late: the fine is set at 2,000 baht. 

 

2. You are caught having missed a report: the fine is 4,000 baht. In this case immigration will also charge you 200 baht from the day you are caught until the day the 4K fine is paid.

Edited August 28, 2019 by elviajero

[MsBom]

There are two scenarios. 
 
1. You report late the fine is set at 2,000 baht. 
 
2. You are caught having missed a report the fine is 4,000 baht, In this case immigration will also charge you 200 baht from the day you are arrested until the day the 4K fine is paid.

That is what I read on Thai websites as well, so I'll assume that is the rule.

Thank you all for all the follow up answers and taking the time for me.


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[elviajero]

1 hour ago, jackdd said:

1 hour ago, elviajero said:

That’s not correct. The 200 baht doesn’t become chargeable until a fine is issued.

That's not what the law says

 

Quote

Any alien, alien, who fails to comply with the provisions of Section 37(2), (3), (4) or (5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law *[section 76] is complied with.

37 (5) = 90 days report

I know. It's badly written.

 

When I researched this with immigration I was told; if you don't comply with S.37.5 you can be fined up to 5,000 baht as per S.76. Then you can be charged an additional 200 baht/day until you comply with S.76.

[jacko45k]

16 hours ago, jackdd said:

Actually the maximum fine for a missing a 90 days report is 5000 THB + 200 THB per day, so if he is a month late they could fine him up to 11000 THB

What I saw was 

failure to file your 90-day report can result in a fine of 2,000 THB, and can be increased up to 5,000 THB once you get arrested with an additional fine not exceeding 200 Baht for each day which passes until the law is complied with.

 

Not quite what you say, but then again I can't quite grasp what they mean either. 

[mtls2005]

17 hours ago, Pattaya46 said:

Unsure if helpful or if a good idea, but if he has several problems in suspend (90D, TM30, TM28, …) maybe a visarun (of any kind) could reset most of them and he could make a clean situation by doing a TM30 when coming back ? 

 

Yes, this seems like one of the cleaner ways to deal with this situation.

 

Assuming you can get a re-entry permit. If you have one, maybe jet out/in. Then head to immigration immediately and sort out the TM28 and TM30, (and reset your TM47 clock to +90 days).

 

 

 

 

[Jo3200]

Just do your 90 day report.

They give you a fine with a reason, to actually DO the report. That's all they ask.

People like him are the people who make immigration tougher on these rules and then complain why they are so strict. Good job. Well done for the rest of us.

[problemfarang]

Hi,

dont know about the fee he has to pay, but this happened to one of my friends 4 years ago. Maybe the info is outdated but it happened like this, he was not doing his 90 days report like 5 years... One day he went there and told them he lost it... they kinda asked some questions and told him to go to any border and explain the situation and get a new arrival paper. He did that.. he came back to imm and they little bit lecture him there about not to lose it.. that was all.

[elviajero]

3 hours ago, problemfarang said:

Hi,

dont know about the fee he has to pay, but this happened to one of my friends 4 years ago. Maybe the info is outdated but it happened like this, he was not doing his 90 days report like 5 years... One day he went there and told them he lost it... they kinda asked some questions and told him to go to any border and explain the situation and get a new arrival paper. He did that.. he came back to imm and they little bit lecture him there about not to lose it.. that was all.

I can’t think of any reason why immigration would tell someone to do that.