TM 28 and TM30. How does it work when I have usufruct?

[Adumbration]

I have a house that is in my GFs name but I am stamped on the back of the chanote as life usufruct.

 

I need to do a TM 28 change of address and a TM 30 needs to also be done.

 

Although my GF is the owner of the property (her name on chanote) I am the possessor of the property because I have a life usufruct stamped in my name on the back.

 

Who needs to fill out and lodge the TM 30?  I am technically the possessor of the property because of the usufruct.

 

So can I fill out and lodge both my TM28 and the TM30?

 

If any one can shed some light on this your input is welcome.

 

Thanks.

[ubonjoe]

Most offices no longer want a TM28 report. They only want a TM30 report to do a change of address.

You would do the TM30 report as the possessor.

[Adumbration]

3 hours ago, ubonjoe said:

Most offices no longer want a TM28 report. They only want a TM30 report to do a change of address.

You would do the TM30 report as the possessor.

Yes I thought that would be the most logical.  But TIT.

 

I will take signed copies the chanote (front and back), tabien ban, my passport, GFs ID card.

 

@ubonjoewhat documents do you think I would need to take with me?  If I do it in person would they also want copies of my visa extension and arrival card?

 

Also if proceeding with as the possessor, do you think it would be possible for me to do this online?

And how would that work?  Is there facility to upload copies of the chanote front and back as well as my passport and the tabien ban.  Also if uploading what pages of tabien ban have to be uploaded?  It is a blue tabien ban in my GFs name (no mention of me) and I have not yet tried to obtain yellow tabien in my name.

 

Also if I register online as the possessor, how long would that take and what document could I download after successful application to replace current TM28 (old address) in my passport.

Edited January 14, 2022 by Adumbration

[oobar]

Under Rights of Superficies, I am the possessor for thirty years of two rai of land and the house my American wife and I built and in which we have retired.  The tabian bahn is in the name of our surrogate daughter, who lives here also with her husband and child and will inherit the house.   Before even attempting to establish myself as possessor to Immigration, the officer indicated to our "daughter" that he needed her tabian bahn.  That apparently simplified everything, without having to explain or show any documents establishing me as possessor.  We have done our extensions this way for the past eight years.  The OP may want to just let his girlfriend go with him and show her tabian bahn for the house and not mention the usufruct, which could turn out to be a documentation inconvenience.

[Adumbration]

Just update of outcome.  I did a TM 28 and TM 30 both in my name.  Supplied copies of front and back of chanote, pages of tabien ban, copy of GFs Thai ID.  All copies signed by both me an GF.  IO squirmed at first and said TM30 had to be filled and and signed by GF.  However I then directed her to look at my name printed on the back on the Chanote.  She wriggled some more and then went off to check with superior.  Finally done.  I receive receipt for 28 and 30 (both in my name).

 

Question @ubonjoe: Can I now register online to do future TM 30s as the house possessor if I travel and then come back home?

[ubonjoe]

12 minutes ago, Adumbration said:

Question @ubonjoe: Can I now register online to do future TM 30s as the house possessor if I travel and then come back home?

If on a extension of stay with a re-entry permit or a multiple entry visa you do not have to do another TM30 report unless you change addresses or enter with a new visa.

Site for the TM30 reporting is here. https://extranet.immigration.go.th/fn24online/

[Adumbration]

16 hours ago, ubonjoe said:

If on a extension of stay with a re-entry permit or a multiple entry visa you do not have to do another TM30 report unless you change addresses or enter with a new visa.

Site for the TM30 reporting is here. https://extranet.immigration.go.th/fn24online/

@ubonjoe I am on a non-o retirement extension.  So if I travel away from home domestically, say for a few nights in a hotel in Phuket, and they register me as staying there, there is no requirement to update TM30 or 28 when I return back home?

[ubonjoe]

52 minutes ago, Adumbration said:

@ubonjoe I am on a non-o retirement extension.  So if I travel away from home domestically, say for a few nights in a hotel in Phuket, and they register me as staying there, there is no requirement to update TM30 or 28 when I return back home?

No need to do a report for a stay in a hotels and etc.

That has been the rule since June of 2020 whe immigration issued a new regulation for TM30 reporting. And for TM28 forms in February of that year.

[Adumbration]

7 hours ago, ubonjoe said:

No need to do a report for a stay in a hotels and etc.

That has been the rule since June of 2020 whe immigration issued a new regulation for TM30 reporting. And for TM28 forms in February of that year.

@ubonjoeNot quite sure I understand you.  Is it the case that if I remain on non o extensions I will never have to do another 28 or 30 unless I actually move my home to a new address (or change visas)?

[ubonjoe]

10 hours ago, Adumbration said:

Not quite sure I understand you.  Is it the case that if I remain on non o extensions I will never have to do another 28 or 30 unless I actually move my home to a new address (or change visas)?

That is correct and that is what the new regulations state.

[Adumbration]

5 hours ago, ubonjoe said:

That is correct and that is what the new regulations state.

Thanks.  Can you provide me with a link to an English version of the relevant regulations please?

[ubonjoe]

45 minutes ago, Adumbration said:

Thanks.  Can you provide me with a link to an English version of the relevant regulations please?

For TM30 reporting it is here. Regulation For TM30 Reporting (June 2020) 

I don't have a copy of the one for TM28 reporting.