The 90-day Notification Report

[george]

FOREIGN RESIDENTS IN THAILAND:

The 90-day notification report I

BANGKOK: -- Let's say you live in Thailand. You have a non-immigrant visa and you or your spouse has a work permit. All of this is properly renewed every year. You're off the hook and can forget about the whole thing, right?

Not exactly. One important requirement that lots of foreign residents of Thailand forget once is the requirement that if you don't leave Thailand, you and all your family members have the obligation to notify the Thai immigration authorities of your address and intention to stay more than 90 days. I said "once" because if you don't do this you'll have to pay fines that make it unlikely you will forget again.

The Immigration Act, BE 2522, contains Article 37(5), which says that any foreigner who is temporarily in the Kingdom must notify the Immigration Division as soon as possible upon the expiration of 90 days. This must be done for every 90 days that goes by, unless you leave and come back, as discussed below. Article 76 of the Immigration Act also provides that a foreigner failing to properly make this notification shall be punished with a fine not exceeding 5,000 baht and an additional 200 baht per day until the notification is submitted.

You can see how neglecting to let the immigration authorities know that you have stayed more than 90 days can be costly. If you overstay, say, an additional 90 day period without notifying, this could cost you as much as 5,000 baht plus 200 baht a day, or a total of 23,000 baht. For a family of four this would be 92,000 baht. Imagine if you overstay a year!

So, let's take another look at how to comply with this requirement. First, to whom does it apply? The answer is practically anybody who isn't Thai and who doesn't have immigrant status and who isn't in country on a tourist visa. Examples of people to whom it would apply are those in Thailand for business or educational purposes.

If you look in your passport at your visa, and it says "Non-Immigrant Visa B" or "Non-Immigrant Visa O", the requirement applies to you. You can also look at the re-entry permit in your passport. If it says "NON-IMM", the requirement also applies.

Foreigners living in Thailand more than three years on extensions of one-year non-immigrant visas can apply for residence permits, which will exempt them from the 90 day notice requirement. We will discuss this in a later article.

When does the 90 day period start? It's on the date of the last entry stamp in your passport. Thus, if you've been in Thailand for a couple of months, travel outside and come back, the 90 day period starts on the date of your arrival. So that means you can avoid the notification requirement by travelling to a foreign location every 90 days. If your spouse and children stay in Thailand while you are travelling, though, they will still have to comply with the notification requirement, since it's counted separately for each person.

You can, of course, figure out when the 90 day period is up for you by looking at the latest entry stamp to Thailand in your passport. It will say something at the top like "Immigration Suvarnabhumi Airport Thailand". Then it will say "VISA CLASS - - " and something like "NON-RE" in handwriting after this, reflecting your immigration status. Next, a date, like 25 JAN 2009, will be printed. This is the date from which the 90-day period starts to run.

People may get confused by the entry stamp because the next thing it says is "UNTIL", with the date of expiration of your next re-entry permit written in after this. Usually foreigners who live in Thailand get re-entry permits for a year, so the date after the word "UNTIL" could be much more than 90 days away. It may be logical to infer from this date that you don't have to do anything about your immigration status until then, but the 90 day requirement is independent of and in addition to this.

Moral of the story? Immigration stamps can be confusing. And try to keep track of the 90 days.

Next time we'll discuss how to comply with the 90 day notification requirements.

James Finch of Chavalit Finch & Partners finch(AT)chavalitfinchlaw.com and Nilobon Tangprasit of Siam City Law Offices Limited nilobon(AT)siamcitylaw.com

source: http://www.chavalitfinchlaw.com

[Tafia]

My 90 day report was due on 6th jan.....posted all req docs by reg mail to Bkk 29/12/08..to date I have heard nothing. Is it time to make enquiries or still early days?

[Lite Beer]

This 90 day reporting is the bain of my life in Thailand. I cannot see any point in it and it drives me crazy having to comply with it. The sooner they do away with it or have an Online reporting system the better.

My choice is either a 350 K round trip to do it or report by post and wait to see if the reciept will come back. So far it has but sometimes it has taken 6 weeks.

[poldebol]

90 days is easy to calculate with Excel. Type the starting date and add 90.

But careful: if the starting date counts as a full day, you should add 89 days.

E.g. 1/jan/2009 + 90 days = 1/apr/2009. But if you want the 90th day after 01/jan/2009, that will be 31/march/2009.

[opalhort]

The article mentioned by George was published in the BKK Post 'Spectrum' on 25.01.09.

In principal it is all correct but I do have a problem with the use of the word "overstay" when it comes to not reporting the address at the required 90-days intervals.

Not reporting the address as required is NOT an OVERSTAY! It does not affect your visa in any way!

opalhort

[Maestro]

Yes, it’s a nice article even though its author got some of the terminology wrong, and it should scare a few foreigners, particularly that calculation of the maximum possible fine under the law. What the author does not say – and perhaps does not know – is that a late report is routinely dealt with a summary fine of 2,000 Baht at the immigration office. You would have to be taken to court, or elect to be tried in court, to get an individually judged fine and I have not heard of any such case so far.

--

Maestro

[Maestro]

Gorge gives the source as http://www.chavalitfinchlaw.com and it is not yet published on that site, but I guess they will add it shortly to the list of publications on this page:

www.chavalitfinchlaw.com/publications/publications.html

I see earlier articles published in the Bangkok post listed there as a scanned image in a PDF file.

--

Maestro

[opalhort]

here is the same article as it was published on Sunday by the BKK Post:

http://www.bangkokpost.com/news/investigat...cation-report-i

Spectrum BKKpost 90 days report

opalhort

[sniffdog]

Furthermore, in case of an extension of eg a Retirement visa, the 90 days start on the day the extension is given, not on the date the extension starts.

Edited January 26, 2009 by sniffdog

[opalhort]

Furthermore, in case of an extension of eg a Retirement visa, the 90 days start on the day the extension is given, not on the date the extension starts.

this only works for first-time applicants for extension of stay.

any subsequent extensions DO NOT count as a 90-days address report.

opalhort

[sniffdog]

The 'eg' was not in the right place here .... I was talking in case of an Retirement Visa ....

As said, if you apply (and receive) a year extension, the 90 days start on the day you get the extension stamp. So if you get your 1 year extension stamp on December 9th, but the extension starts on January 6th then the countdown starts December 9th and you have to report 90 days thereafter.

[Jingthing]

Sniffdog, for retirement extenders AFTER the first time, the extension date has NO RELATION WHATSOEVER to your 90 day reporting date.

Opalhart got it right:

this only works for first-time applicants for extension of stay.

any subsequent extensions DO NOT count as a 90-days address report.

opalhort

[Maestro]

sniffdog, it is still only the first time you apply for your retirement extension that the start of the extension starts the clock for the 90-day address report. In subsequent years, this will not be the case. It is this that some people do not realise and inadvertently report so much late that they get a fine.

--

Maestro

[FarangFatal]

This 90 day reporting is the bain of my life in Thailand. I cannot see any point in it and it drives me crazy having to comply with it. The sooner they do away with it or have an Online reporting system the better.

My choice is either a 350 K round trip to do it or report by post and wait to see if the reciept will come back. So far it has but sometimes it has taken 6 weeks.

No Immi office in KK??? Well, can you go to Nong Kai? I'm supprised there is not an office in KK, I'll let you goole that! Also, if here is nothing near (go check the law about near) you can go to the local BIB office aka Cop Shop! I've have been a part time res.. "in and out like a BG" so I have only once in 8 years had to do the report thingo! Stopped off at the Immi Office on beach Road in Patong, DRESSES IN SLACKS AND A NICE SHIRT WITH DRESS SHOES, and was out in 5 min. There was the usual run aof beach rats and backpacker types sitting about but the lady officer (suay) motioned me ahead as her next customer. I presented myself with a wai and was gone before my bum warmed the seat. Mai Pen Rai!

I can't beleive that people will arrive at an official Thai office in shorts, not shaven, singlet shirts and flip flops.

[Lite Beer]

No Immi office in KK??? Well, can you go to Nong Kai?

The nearest Office to Khon Kaen is Nongkai , but owing to their unfriendly reputation I choose to use Korat which is only a little further and much more helpful. And you cannot report to a Police Station.

[polecat]

Not retirement visa, but I wonder if someone can clarify this for me.

Entered country on Non Imm B on Oct 8.

Stamped until Jan 5

Passport and work permit with lawyer until...

Extension of stay (1 year) stamped on 22 Jan.

Question is: When do I do my 90 day signing?

90 days from first entry (I'm 3 week late )?

90 days from last time permission was granted (ie 90 days from 22 Jan)?

Jeez, very confusing.

[ubonjoe]

Not retirement visa, but I wonder if someone can clarify this for me.

Entered country on Non Imm B on Oct 8.

Stamped until Jan 5

Passport and work permit with lawyer until...

Extension of stay (1 year) stamped on 22 Jan.

Question is: When do I do my 90 day signing?

90 days from first entry (I'm 3 week late )?

90 days from last time permission was granted (ie 90 days from 22 Jan)?

Jeez, very confusing.

Normally it is 90 days from the date of your application. Also normally they tell when the first report is due or give you a peice of paper telling you the date the first report is due.

The date of application is stamped in your passport on the same page as your extension.

[fishhooks]

An Australian Mobile Phone contract is more easily understood than this requirement and that is saying something!

[Smithson]

Are these reportings entered into a computer? If the report receipt was lost and someone filed their last report at a different office, can it be checked?

[Jingthing]

Related question, if you live near one office, say Jomtien and are visiting Phuket during your reporting time, you report at Phuket (I assume). Do you report your home address in Thailand or the temporary address, in that case, Phuket?

Edited January 27, 2009 by Jingthing

[polecat]

Are these reportings entered into a computer? If the report receipt was lost and someone filed their last report at a different office, can it be checked?

It would appear not. I lost a slip once and had to pay a fine. I forget how much, but am pretty sure it was B1,000 or B2,000. Crazy, isn't it.

PS - Thanks Ubonjoe

[ignis]

My 90 day report was due on 6th jan.....posted all req docs by reg mail to Bkk 29/12/08..to date I have heard nothing. Is it time to make enquiries or still early days?

For the past 5 year always done my 90 days via the Post [EMS] so far it has always arrived back on day 14 - 17 [depends if there's holidays etc]

So today would make day 28 for you so I would be worried and check that it arrived..... Did you remember to add a Stamped 10baht return envelope ?

Edited January 27, 2009 by ignis

[sniffdog]

sniffdog, it is still only the first time you apply for your retirement extension that the start of the extension starts the clock for the 90-day address report. In subsequent years, this will not be the case. It is this that some people do not realise and inadvertently report so much late that they get a fine.

--

Maestro

Not true.

Date of my first extension stamp: December 11, 2008

Start of my extension: January 6, 2009 - 6 January 6, 2010

The 90 days started already at December 11, 2008. Hence the reporting date is March 10th, 2009 (notified by a pamphlet in my passport).

Even at the first time the clock doesn't begin at the start of the extension, but rather at the stamp date.

Of course I don't count the conversion from my visa exempt stamp into a Non-O as an extension, as it is a totally new visa. The conversion ends automatically after 90 days, so you have to extend or leave the country.

Edited January 27, 2009 by sniffdog

[Jingthing]

Sniffdog, what office do you use?

In any case, it is well known that the general rule for continued retirement extensions is that the 90 day reporting date is completely independent of your extension date, application date or stamp date.

[Smithson]

Are these reportings entered into a computer? If the report receipt was lost and someone filed their last report at a different office, can it be checked?

It would appear not. I lost a slip once and had to pay a fine. I forget how much, but am pretty sure it was B1,000 or B2,000. Crazy, isn't it.

They wouldn't accept that the slip had been lost? I've reported at Suan Plu, but have lost the receipt, I normally report at the Klong Toey.

I've also heard if you leave the country they check the reporting and when you come back in the count starts again.

[Jingthing]

I've also heard if you leave the country they check the reporting and when you come back in the count starts again.

The 90 day count does reset when you leave the country and reenter, no matter what your current slip says. However a while back there were some reports of some officers who didn't see it that way, but they were freak cases and probably just new or uninformed officers.

Edited January 27, 2009 by Jingthing

[sniffdog]

Jomtien.

I don't have experience with continued extensions .... but it seems that the 90 days do not start at the start of the first extension, but rather at the stamp date. So, Maestro's first statement is not correct and would indeed lead to people reporting on the wrong date.

To close this from my side, consider my post only for the first extension.

[Smithson]

Has anyone ever been pulled up for not reporting or is it just those confess voluntarily? I've been for extension when I was overdue and nothing was said.

[ubonjoe]

Furthermore, in case of an extension of eg a Retirement visa, the 90 days start on the day the extension is given, not on the date the extension starts.

sniffdog, it is still only the first time you apply for your retirement extension that the start of the extension starts the clock for the 90-day address report. In subsequent years, this will not be the case. It is this that some people do not realise and inadvertently report so much late that they get a fine.

--

Maestro

Jomtien.

I don't have experience with continued extensions .... but it seems that the 90 days do not start at the start of the first extension, but rather at the stamp date. So, Maestro's first statement is not correct and would indeed lead to people reporting on the wrong date.

To close this from my side, consider my post only for the first extension.

You are correct about the 90 days starting on the date you apply and your extension is stamped in your passport for the first extension. And Maestro agreed with you on that.

He was talking about subsequent extensions that it will not reset your 90 day periods.

Unless you leave the country your 90 day reports continue every 90 days forever.

[ubonjoe]

Has anyone ever been pulled up for not reporting or is it just those confess voluntarily? I've been for extension when I was overdue and nothing was said.

I have read reports of people paying the 2000 baht fine because they were late when they did their extension.

Also some others when they were getting re-entry permits or a residence certificate.