TM28: Thai immigration scraps requirement for foreigners to report when they stay away from home for 24 hours

[Jonathan Fairfield]

TM28: Thai immigration scraps requirement for foreigners to report when they stay away from home for 24 hours

 

 

There is some good news for foreigners in Thailand. 

 

Thai immigration have all but scrapped the controversial TM28 change of address reporting requirement for foreigners.

 

According to the new requirement, while TM28 is still listed, a long list of exceptions have been added, which for all intents and purposes means that almost no one is now required to submit a TM28 form. 

 

The list of exceptions, covered in sections 2.2 and 2.3 [here], includes just about every foreigner in Thailand, from diplomats and those performing official duties through to students, those working in Thailand, foreigners married to a Thai or who are a parent to a Thai child and those staying in Thailand for retirement. 

 

According to the immigration website, the regulation regarding TM28 is dated February 14 but came into effect on January 28.

 

However, foreigners need to be aware that they are still required to inform immigration if they change address permanently. [This is covered in form TM27].

 

For example, if you rent a condo for say 6 months then you move to live in another condo, you need to inform immigration of your new address.

 

The previous requirement stated that foreigners who had stayed in another province for more than 24 hours were required to inform their local immigration office when they returned.

 

For example, if a foreigner who lives in Pattaya went and stayed at a friend’s place in Bangkok overnight, they would be required to inform immigration once they returned to Pattaya.

 

The reality was TM28, which is listed under section 37 of the Immigration Act and has been a requirement since 1979, was seldom enforced by Thai immigration and hardly ever completed by foreigners after returning from an overnight stay elsewhere in Thailand. 

 

Many foreigners, including those who have lived in Thailand for a number of years, didn’t even know the requirement existed. 

 

At least that was the case until last year when TM28 briefly started being more strictly enforced by some immigration offices. 

 

This coincided with immigration also strictly enforcing TM30 - the requirement for hotels, guesthouses and property owners to report foreigners staying at their address. 

 

(TM30 often gets confused with TM28, with TM30 sometimes used as a kind of catch-all term to describe both but they are actually two separate requirements - and TM30 is still required.).

 

The sudden enforcement of both TM28 and TM30 resulted in Thai immigration being on the receiving end of fierce criticism from the expat community and foreign business leaders in Thailand, who said TM28 was not just inconvenient but archaic, draconian and not fit for purpose today.

 

A group of expats in Thailand even launched an online petition calling for the TM28 and TM30 to be abolished.

 

And while the petition failed to reach its target for sign ups, it undoubtedly helped to bring the issue to the attention of senior immigration officials in Thailand.  

 

The subject also received widespread negative coverage in both Thai and English language media in Thailand and was also covered by international news outlets including the BBC and Nikkei Asian Review. 

 

The updated regulation regarding TM28 can be found on the Immigration website:

https://www.immigration.go.th/read?content_id=5e468147cf638702b11f9cb9

 

Ongoing discussion on this topic in the visa forum: https://forum.thaivisa.com/topic/1149261-immigration-has-changed-their-regulation-for-a-change-of-address-report/

 

 

-- © Copyright Thai Visa News 2020-02-20

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[BestB]

I recall a large number of doom sayers who said that online petition was a waste of time and possibly could get you into trouble for signing . Those who were brave enough to start it and sign it can now laugh in your faces. 
 

well done Isaan lawyers and all who signed to get the attention and for something to change 

Edited February 20, 2020 by BestB

[Chicken George]

So.. No more reporting TM30. Which our local IO insisted I do even for one night away from my permanent address? 

[holy cow cm]

Yeah, but what if you travel out of country?

[Yadon Toploy]

4 minutes ago, holy cow cm said:

Yeah, but what if you travel out of country?

You are entered on arrival at the airport or border crossing.

 

This is good news.

[holy cow cm]

I like the mentioned section 6.16. It says to support or receiving support from the said Thai National. Now this opens up a whole new game.

Edited February 20, 2020 by holy cow cm

[holy cow cm]

2 minutes ago, Yadon Toploy said:

You are entered on arrival at the airport or border crossing.

 

This is good news.

It does not mention travelling out of country.

[geronimo]

The TM 99 will soon follow .. to be completed when you shop at Big C .......

[Assurancetourix]

22 minutes ago, Jonathan Fairfield said:

At least that was the case until last year when TM28 briefly started being more strictly enforced by some immigration offices. 

 

When I asked Sakon Nakhon Immigration  the question, the chief replied:
drop the snow, it makes no noise ...
Clearly, he told me, don't worry, we at Sakon Nakhon, we don't care ...

[LivinLOS]

This talks about TM28s which to my understanding were never enforced. 

Do the same exemptions apply to TM30s and 'landlord reporting' whose fines were in general passed on or collected from the occupier when ever  having any dealings with immigration. 

Thats kind of a crucial distinction. 

[rabas]

27 minutes ago, Jonathan Fairfield said:

TM28: Thai immigration scraps requirement for foreigners to report when they stay away from home for 24 hours

But only when wearing a mask!

[Nakmuay887]

14 minutes ago, Chicken George said:

So.. No more reporting TM30. Which our local IO insisted I do even for one night away from my permanent address? 

Mine said the same thing in December 

[Scot123]

Until its official don't get excited. I am one who is very sceptical when there is talk of scrapping any money making venture because that was all this ever was. 

[scubascuba3]

18 minutes ago, holy cow cm said:

Yeah, but what if you travel out of country?

good question, you could argue that's pointless too if your permanent residence in Thailand remains the same

[Tropposurfer]

21 minutes ago, Chicken George said:

So.. No more reporting TM30. Which our local IO insisted I do even for one night away from my permanent address? 

The article is clear about the IO requirements as of late January .... No you do not.

[cyril sneer]

probably best to print off a copy of the official statement as there will be still be immigration offices saying this isn't the case and still issuing fines 

[LivinLOS]

1 minute ago, Tropposurfer said:

The article is clear about the IO requirements as of late January .... No you do not.

Actually it isnt clear.. It says the TM28 is no longer needed.. 

What it doesnt say is the TM30 is no longer needed, and as the fines for landlords not reporting are so often passed onto the occupier.. I am not sure this changes anything legally. 

Once again.. Thailand manages to make it totally unclear. 

[madmitch]

7 minutes ago, Scot123 said:

Until its official don't get excited. I am one who is very sceptical when there is talk of scrapping any money making venture because that was all this ever was. 

It is official................but who knows how different Immigration Offices will apply the rules!

 

 

[gunderhill]

So  will they be refunding all those fines they dished out?

[ThomasThBKK]

Just now, LivinLOS said:

Actually it isnt clear.. It says the TM28 is no longer needed.. 

What it doesnt say is the TM30 is no longer needed, and as the fines for landlords not reporting are so often passed onto the occupier.. I am not sure this changes anything legally. 

Once again.. Thailand manages to make it totally unclear. 

Sounds like officially tm30 is needed, but i made a 90 day report at CW last week without having one.

 

Thailand seems to be back to total randomness.

[Tropposurfer]

26 minutes ago, BestB said:

I recall a large number of doom sayers who said that online petition was a waste of time and possibly could get you into trouble for signing . Those who were brave enough to start it and sign it can now laugh in your faces. 
 

well done Isaan lawyers and all who signed to get the attention and for something to change 

Right on BestB ????  Even I as a poor mousy excuse for a man signed that petition the moment I saw it ... lol. I'm also pretty sure in line with what you point out i.e. the narrative of the "doom-sayers" won't change, these folks need to have a drama and impending doom to latch on to.

[Ramdas]

So, the TM 30 is apparently still enforced and therefore required. Did I get this right ?! Now I’m more confused than before ????

[TallGuyJohninBKK]

What a HORRIBLE and inaccurate article here....

 

Anyone wanting to understand what's going on here ought to go and instead read the original thread Ubon Joe created on this topic.

 

 

In essence, these latest revisions pretty much substitute one new TM form (27) for the old TM28 form. And while the new rule largely eliminates the requirement to report to local POLICE when moving/relocating because of all the listed exceptions, it does NOT eliminate the need to report to IMMIGRATION when moving.

 

And beyond that, NONE of the revised language does anything about changing the current TM30 requirements, however they may or may not be being enforced by your local Immigration Office.

 

 

Edited February 20, 2020 by TallGuyJohninBKK

[bluesofa]

21 minutes ago, geronimo said:

The TM 99 will soon follow .. to be completed when you shop at Big C .......

I thought Big C had been doing that for a while already, judging by another topic recently:

https://forum.thaivisa.com/topic/1146842-big-c-asks-for-passport-when-purchasing-groceries/

[TallGuyJohninBKK]

6 minutes ago, Ramdas said:

So, the TM 30 is apparently still enforced and therefore required. Did I get this right ?! Now I’m more confused than before ????

 

These revisions, at least by their actual language, don't change anything about TM 30 enforcement. So whatever your local Immigration office has been doing about TM30s lately (enforcing or not), you should assume that will continue unless informed to the contrary.

 

The changes wrongly described in the OP pertain to the TM28 form, which generally has been used in the past for when someone permanently moves their home location, as opposed to the TM30 form, which has generally been used when someone was temporarily away from their home on travel, vacation, etc

Edited February 20, 2020 by TallGuyJohninBKK

[bkkcanuck8]

23 minutes ago, rabas said:

But only when wearing a mask!

The internal staff at immigration offices are probably pushing to find ways not to have so many people come in during the oncoming pandemic ????

[Moonlover]

21 minutes ago, Scot123 said:

Until its official don't get excited. I am one who is very sceptical when there is talk of scrapping any money making venture because that was all this ever was. 

Is this not official enough for you then?

 

https://www.immigration.go.th/read?content_id=5e468147cf638702b11f9cb9

[Happy Grumpy]

In 10 years of traveling in, out, and around the country I've never even heard of a TM28, let alone gone to immigration to get one, sign one, eat one, or whatever people were supposed to do with them. 

[Jip99]

30 minutes ago, LivinLOS said:

This talks about TM28s which to my understanding were never enforced. 

Do the same exemptions apply to TM30s and 'landlord reporting' whose fines were in general passed on or collected from the occupier when ever  having any dealings with immigration. 

Thats kind of a crucial distinction. 

TM28 was enforced in my area.

 

No, this announcement does not apply to TM30. Remember, TM30 also/mainly covers hotels and guest house.

 

I is a good start though, get rid of the most ridiculous one first.

 

 

TM6 next.......

[MJKT2014]

44 minutes ago, Chicken George said:

So.. No more reporting TM30. Which our local IO insisted I do even for one night away from my permanent address? 

 

The o/p does not say that at all!

 

59 minutes ago, Jonathan Fairfield said:

(TM30 often gets confused with TM28, with TM30 sometimes used as a kind of catch-all term to describe both but they are actually two separate requirements - and TM30 is still required.).