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Posted (edited)

Is it following Immigration laws legal to do a 90 day report in another province other than where the alien is registered as living? I ask due to the upcoming New year holiday and personally a extended holiday and I would if possible prefer to not rush back in the annual traffic chaos just after New Year.

Thanks

Felt

 

Edited by Felt 35
Posted (edited)

My IO is Chaiyaphum applied online...never worked, so did by post from Bangkok (to the Chaiyaphum office), return envelope addressed to Bangkok....no problem.

Edited by Surelynot
Posted

The rules state that the 90 day report must be done where you applied for your extension.

You could do the report online (if possible) or by mail to your home office.

When is your report due? You can do it up to 15 days before or 7 days after the day it is due.

Posted

Thanks to both for replying. I prefer to get it done in advance so will cut a bit in New year holiday and get it done 14-15 days before leaving.

Felt

Posted

If the place where you are staying submits a TM30 for you and can provide you with the receipt you can do the 90 day report in that province.

 

14 hours ago, ubonjoe said:

The rules state that the 90 day report must be done where you applied for your extension.

Source? I doubt that such a rule exists.

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Posted
16 hours ago, Surelynot said:

My IO is Chaiyaphum applied online...never worked, so did by post from Bangkok (to the Chaiyaphum office), return envelope addressed to Bangkok....no problem.

    I also did my last 90 day by mail after I couldn't make online work and  I was going on a holiday in southern Thailand when the report was due.  There were about a half dozen things I needed to make copies of.  I was a bit worried that the process would work as I had never done it before but when I got back from the trip my new 90 day slip had arrived in the mail.  The nice thing is that they also returned all the photocopied pages so if I wanted to do it by mail again next time I could use most of them again.  This was Jomtien Immigration.  

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Posted
3 hours ago, Felt 35 said:

Thanks to both for replying. I prefer to get it done in advance so will cut a bit in New year holiday and get it done 14-15 days before leaving.

Felt

Be aware of the 'application window' - these differ according to the method your are using.

On-line application is of course the easiest, but the site only accepts your notification when you do it in the 14 days before till actual 90-day reporting due date.  When doing it in person at your local IO you can do it from 14 days before till 6 days after actual due date.

When mailing your 90-day report with required documents (needs to be addressed to your local IO) this needs to be done at least 15 days BEFORE due date.

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Posted
1 hour ago, ubonjoe said:

Immigration issued a regulation in January of 2015 stating the reports have to be done at the office where you applied for the extension or where you are registered as living. If you formally change your address to another office they can be done there. I think that was in preparation for online reporting and to centralize the record keeping for them at your home office.

The TM30 which has to be filed by any place where we are staying changes this registration, so after we spend a night somewhere else we can do the 90 day report there.

I think that most likely they wanted to make it clear that somebody who stays in Bangkok can not just go to the Samut Prakan IO to do his 90 day reports because it would be more convenient for him.

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Posted
24 minutes ago, jackdd said:

The TM30 which has to be filed by any place where we are staying changes this registration, so after we spend a night somewhere else we can do the 90 day report there.

A TM30 report is not formally changing your address at immigration. To do a 90 day report at a different office could require additional proof of residence such as a rental agreement and etc.

The TM30 report has worked for people applying for a short stay extensions at immigration. 

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Posted
4 hours ago, ubonjoe said:

A TM30 report is not formally changing your address at immigration. To do a 90 day report at a different office could require additional proof of residence such as a rental agreement and etc.

The TM30 report has worked for people applying for a short stay extensions at immigration. 

I suspect this is a bit of a grey area and may depend on the interpretation made by each IO?

My extension was issued in another province back in September, 2 weeks ago my landlord in Bangkok went to Chaeng Wattana and did a TM30, he got charged 800bht (still not sure why?). On Monday I went to MTT to do my first 90 day report in person (was actually a week late so was fined 2000bht), the IO saw the extension and said I had to go back to the province and do the 90 report there, I produced the TM30 with the Bangkok address which I noticed she typed into the system as she clarified the address while typing. 90 day report done with the usual note stamped for next report due on 13th March.  

Posted
11 hours ago, ubonjoe said:

A TM30 report is not formally changing your address at immigration.

There is no official way of formally changing the address at immigration, the TM30 is what comes the closest to this.

 

11 hours ago, ubonjoe said:

To do a 90 day report at a different office could require additional proof of residence such as a rental agreement and etc.

Of course some random immigration office might try to make up their own rules, but in general the TM30 receipt will be sufficient.

 

6 hours ago, andyrobbo said:

I produced the TM30 with the Bangkok address which I noticed she typed into the system as she clarified the address while typing. 90 day report done with the usual note stamped for next report due on 13th March.

As expected.

Posted
9 hours ago, jackdd said:

There is no official way of formally changing the address at immigration, the TM30 is what comes the closest to this.

What about a TM27 form or a TM28 form (if the don't have a TM27 both have change of address in the title. A TM30 form is a report of your stay at a residence by the owner, possessor and etc.

9 hours ago, jackdd said:

Of course some random immigration office might try to make up their own rules, but in general the TM30 receipt will be sufficient.

Doing a report at a different office could cause problems doing a report again at your normal immigration office and especially if you tried to do a online report since it would appear you did not do a report.

What would happen if you lost or misplaced the receipt for the 90 day report and went to your home office to do a report?

I highly suggest people do their reports at their home immigration office. It can be done online or by mail when traveling.

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Posted
31 minutes ago, ubonjoe said:

What about a TM27 form

The form is to notify immigration in case you can't stay at the place as indicated on your arrival card. Due to the wording "can not stay" (see immigration act section 37.2) instead of "doesn't stay" they don't even try to enforce it, because if somebody would say "i could stay there, i just didn't want to", there would be no obligation to submit this form.

 

33 minutes ago, ubonjoe said:

TM28 form

Form TM28 was always meant to track illegal immigrants (for example asylum seekers) who were allowed to stay in Thailand. They had to submit this at their local police station, not at immigration, as clearly written in immigration act sections 37.3 and 37.4.

The entry types like tourists, business, etc. which have existed since a long time have always been exempt for it.

When they added the newer (non-o) entry types (retired, spouse, etc.) they forgot to make these people exempt as well.

At the beginning of this year they corrected their mistake and since then these people are exempt too.

So unless you are an illegal immigrant, you don't have to submit a TM28.

Posted
52 minutes ago, jackdd said:

Form TM28 was always meant to track illegal immigrants (for example asylum seekers) who were allowed to stay in Thailand. They had to submit this at their local police station, not at immigration, as clearly written in immigration act sections 37.3 and 37.4.

The TM28 form had more than one use on it. It was not only for those staying more the 24 hours in another province.

Title of it states this on it.

image.png.20a3796c6a9b980948e96e8ea009a348.png

When immigration did the new regulation they clarified who to do the report of staying longer than 24 hours by stating nobody under section 34 were not required to do the report as per this in section 37.

"The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as
prescribed by the Director General."

Posted (edited)
2 hours ago, ubonjoe said:

The TM28 form had more than one use on it.

The TM forms (TM7, TM27, TM28, TM30, TM47 ...) were introduced to serve a specific section of immigration law which requires the foreigner to submit something.

Form TM28 was introduced to do the reporting as required by immigration act sections 37.3 and 4, this is the ministerial order where they did this: http://www.ratchakitcha.soc.go.th/DATA/PDF/2522/A/096/1.PDF

You say TM28 has more than one purpose. For which section of the immigration act is it used other than 37.3 and 4? Where is the ministerial order which says that it is used for such other purpose?

 

2 hours ago, ubonjoe said:

When immigration did the new regulation they clarified who to do the report of staying longer than 24 hours by stating nobody under section 34 were not required to do the report as per this in section 37.

"The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as
prescribed by the Director General."

Back in 1979 when they wrote the document which i linked to above, they included a specific list of groups who are exempt (section 5 in that document), and only these groups have been exempt from TM28.

This list doesn't include the non-o visa types, because in 1979 they just didn't exist yet. When they later introduced the non-o visas they forgot to add retirees and other groups to the exempt list of that order, but they fixed it at the beginning of this year, as explained before.

Edited by jackdd
Posted
27 minutes ago, jackdd said:

Where is the ministerial order which says that it is used for such other purpose?

The TM28 form was created for both purposes shown in the immigration act. Proof that is the title of it I posted.

The TM27 form was resurrected when they changed the regulation in February if I recall correctly.

Posted
7 minutes ago, ubonjoe said:

The TM28 form was created for both purposes shown in the immigration act. Proof that is the title of it I posted.

Ok, i might have misunderstood you before, i thought you meant to say that there is a further purpose besides sections 37.3 and 4.

Notify change of address = Section 37.3

Staying in the province for more than 24 hours = Section 37.4

Everybody but illegal immigrants are exempt from these sections since the beginning of this year.

Thus TM28 doesn't have any relevance for the posters here.

Posted
11 minutes ago, jackdd said:

Thus TM28 doesn't have any relevance for the posters here.

It does if immigration want a change of address form and the office does not have a TM27 form. Immigration has not posted a download for one. 

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