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Immigration check at Condo, is juristic person required to keep copies of TM30 and lease?


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Immigration was conducting random checks at my condos, and now they are requiring co-owners to give copies of TM30, passport and visa page of tenants along with the lease on file at the Juristic person.

 

Legally, the responsibility of filing TM.30 is the owners/housemasters and should have nothing to do with the condo right? 

 

While having the Juristic person office knows every resident and having their contact detail is prudent, 

Apart from being extra work for the office, having so much document and sensitive information like the passport detail with unnecessary party is dangerous.

I know TiT and it's best to comply to avoid any difficulties, but immigration already has all this paper

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A Law, Regulation, Temporary Law, Emergency Decree, Edict is whatever a person of authority tells you it is.

 

Details like record-keeping are rarely described in detail. The district police and/or Immigration Police can demand whatever records they want.

 

I mean the law is clear that reporting is NOT the responsibility of the resident alien. But Immigration allows resident aliens to self-report the TM.30. Yes, some say the resident alien can be the "possessor of a dwelling place" but I'm not sure that's accurate. How could you "take on" yourself?

 

 

 

Section 38. The householder, the owner or the possessor of a dwelling
place or a hotel manager, who takes in, as a resident, an alien with permission to
temporarily stay in the Kingdom, shall notify the competent official at the immigration office
located in the locality in which the house, dwelling place, or hotel is located within twenty
four hours from the time the alien has taken residence. If there is no immigration office
located in that locality, the police officer at a police station of that locality jurisdiction shall
be notified.


In a case where the house, dwelling place, or hotel where the alien is staying
under paragraph one is located in Bangkok Metropolis locality, such notification shall be
made to the competent official at the Immigration Division.
The notification mentioned in paragraphs one and two shall be made in
accordance with the regulation prescribed by the Director-General.

 

 

There are often addendums, modifications, even Warnings. The TM.30 was modified June 2020 I think...no need to report if you return to your residence of record.

 

 

The Royal Thai Police has issued a notification to relax requirements for property owners and hotel managers in Thailand in regards to notifying an immigration office every time a foreign national stays in their property.  


The change notification to “The Royal Thai Police Notification on Residence of Heads of Household, House Owners, Landlords, or Managers of Hotels, Who Accommodate Foreign Nationals on a Temporary Basis” was published in the Government Gazette on Tuesday, 16 June 2020 and will take effect on Tuesday, 30 June 2020.

 

Under the notification, there is still a duty for landlords and/or hotel owners to submit a T.M.30 form to an immigration office within 24 hours of a foreign national checking in at their premises. However, they are no longer required to resubmit a T.M.30 form every time the same foreign national returns to stay at the same place, which was an onerous requirement under the previous version of notification, issued in 1979.

 

Under the new notification, when the head of a household, property owner, landlord, or hotel manager submits a new T.M.30 form to the immigration office, they will also be required to indicate the period that each foreign national will stay at their premises, i.e., the arrival and expected departure dates.

 

In the event that a foreign national travels and stays in another place on an occasional basis, and then returns to stay at the same premises within the period of stay specified in the T.M.30, then a new T.M.30 will need not be submitted each time they arrive.

 

The new rules are applicable to all foreign nationals who stay in Thailand on any type of visa, including holders of multiple-entry visas and re-entry permits which enable the holders to leave and return to Thailand within their visa validity period.

 

 

 

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Once we called immigration if the Juristic can ask for PP and other guest details. Answer was: Only if they are part of the rental contract. If they have NOTHING to do with the tenant juristic does not need this information...

Things might have changed though...

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  • 3 weeks later...

These details have nothing to do with the Juristic. This s sensitive information and owners are not required to give any information about the contract.

If the Committee has explicitly issued an order during a meeting then, that would be considered as a rule, which can be challenged if this was not passed by the General Assembly. Even though there would be ground for a lawsuit

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