Retirement Visa, 90 Day Reporting Question

[JerryO]

i'm told on the retirement visa, we have to "report" every 90 days. the lady at immigration told me that reporting period is from 7 days prior, up to the 90th day. she said if i report after the 90th day, there is a 2,000 baht fine. but she couldn't answer the question of how many days after the 90th day, am i permitted to do the reporting. can i report a month later, and simply pay a 2,000 baht fine? the whole point of this visa for me is to be able to come and go on my schedule, rather than on their schedule.

also, when does the 90 days to report actually start: like if i leave thailand for five weeks, and i return, does the 90 day ticker start when i reenter thailand each time?

thanks!!

[Lite Beer]

i'm told on the retirement visa, we have to "report" every 90 days. the lady at immigration told me that reporting period is from 7 days prior, up to the 90th day. she said if i report after the 90th day, there is a 2,000 baht fine. but she couldn't answer the question of how many days after the 90th day, am i permitted to do the reporting. can i report a month later, and simply pay a 2,000 baht fine? the whole point of this visa for me is to be able to come and go on my schedule, rather than on their schedule.

also, when does the 90 days to report actually start: like if i leave thailand for five weeks, and i return, does the 90 day ticker start when i reenter thailand each time?

thanks!!

The clock starts again when you return. You have 7 days either side of the report date. So 7 days before, up to 7 days after. The fine is 2,000 Baht. But can be 5,000 Baht plus 200 Bht for every day you are late if you get taken to court.

From the Immigration Website.

The foreigner makes the notification in person, or

The foreigner authorises another person to make the notification, or

The foreigner makes the notification by registered mail.

The notification must be made within 7 days before or after the period of 90 days expires.

The first application for extension of stay by the foreigner is equivalent to the notification of staying in the Kingdom over 90 days.

[JerryO]

thanks for that; i should have known there would be some per day fine too.

if i'm out of the country when i have to do the 90 day reporting, how do i send someone else i "authorize"? they won't have my passport. do they just go in and hand over a form i filled out in advance?

[lopburi3]

If you are out of the country you do not report. You report 90 days after you return.

If the office told you to report 7 days prior to the 90 day mark I would not assume they will allow the normal plus/minus 7 and plan to be early. There are a lot of new people handling 90 day reports and they are unlikely to be marching to the same drummer for some time.

[Lite Beer]

Yes. The report is for staying in the Kingdom for 90 continuous days. If you leave before the 90 days are up you will not be elligible.

[Prajak]

When you leave the country before the "90 days" ends and you have an "exit permit", the "90 days" starts again when you return. You have to write it down in your agenda ! There is no reminder in your passport. And you must find this piece of paper in some emigration office..... So at the next 90 day visit, take a few extra in your pocket.....

[Tafia]

There are conflicting reports regarding the 90 day reporting by post.

My last report I sent to Bkk (I live in Udon Thani) am I now right in thinking this is no longer possible and that I have to report in person to Nong Khai (as they do not accept notification by post) OR is it still possible to report by post to Bkk?

Thanks in advance for any assistance.

[Lite Beer]

There are conflicting reports regarding the 90 day reporting by post.

My last report I sent to Bkk (I live in Udon Thani) am I now right in thinking this is no longer possible and that I have to report in person to Nong Khai (as they do not accept notification by post) OR is it still possible to report by post to Bkk?

Thanks in advance for any assistance.

Members are reporting that BBK are telling them to report at the designated office. I am in the same boat as you. Stuck with the dreaded Nong Kai.

[bumbui]

i'm told on the retirement visa, we have to "report" every 90 days. the lady at immigration told me that reporting period is from 7 days prior, up to the 90th day. she said if i report after the 90th day, there is a 2,000 baht fine. but she couldn't answer the question of how many days after the 90th day, am i permitted to do the reporting. can i report a month later, and simply pay a 2,000 baht fine? the whole point of this visa for me is to be able to come and go on my schedule, rather than on their schedule.

also, when does the 90 days to report actually start: like if i leave thailand for five weeks, and i return, does the 90 day ticker start when i reenter thailand each time?

thanks!!

The clock starts again when you return. You have 7 days either side of the report date. So 7 days before, up to 7 days after. The fine is 2,000 Baht. But can be 5,000 Baht plus 200 Bht for every day you are late if you get taken to court.

From the Immigration Website.

The foreigner makes the notification in person, or

The foreigner authorises another person to make the notification, or

The foreigner makes the notification by registered mail.

The notification must be made within 7 days before or after the period of 90 days expires.

The first application for extension of stay by the foreigner is equivalent to the notification of staying in the Kingdom over 90 days.

KAP CHEUNG IMMIGRATION OFFICE ONLY ACCEPT The foreigner makes the notification in person !!!!! NO MORE NOTIFICATION BY MAIL !!!!

[Maestro]

KAP CHEUNG IMMIGRATION OFFICE ONLY ACCEPT The foreigner makes the notification in person !!!!! NO MORE NOTIFICATION BY MAIL !!!!

I have been wondering: what will an immigration office do if you refuse their request to do the 90-day address report in person and instead do it by mail? Will they attempt to fine you, using what law or regulation? Will they arrest and deport you?

1. There is nothing in the Immigration Act saying that the report must be made in person?
   
2. The information on the website of the Immigration Bureau explicitly states that the report can also be made by mail.
   
3. Section 84 of the Immigration Act says that the Settlement Commission shall issue a “settlement rule”, ie a list of fines, including the fine for violating the rule about the 90-day address report. Does anybody have a copy of, or a link to, this “settlement rule? I would like to see what it says exactly in there about this fine.
   

--

Maestro

[lopburi3]

The fines are listed at the end of the Immigration Act of 2522. Believe the policy on fines is an internal type memo.

Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be

punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for

each day which passes until the law is complied with.

[Mario2008]

Section 37, immigration act: http://www.immigration.go.th/nov2004/en/do...gration_Act.pdf

5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the

competent official at the Immigration Division , in writing , concerning his place of stay , as soon as

possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is

an Immigration Office , the alien may notify a competent Immigration Official of that office.

The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as

prescribed by the Director General.

In making notification under this Section , the alien may make notification in person or send a

letter of notification to the competent official , in accordance with the regulations prescribed by the

Director General .

[Maestro]

...Believe the policy on fines is an internal type memo...

Then it is this internal memo of which I would like to get hold of a copy.

For example, the rule of having to use one’s local immigration office is, I believe, also some kind of internal memo. A member reported that he was shown it by an immigration officer, in Thai language, and that it had the title “Order of Immigration Police No. 38/2552” or something like that. Unlike Laws, Ministerial Regulations and perhaps also some or all Royal Thai Police Orders, the orders of the Immigration Police apparently are not published in the Government Gazette yet sometimes somebody manages to get a copy of such Immigration Police Order (IPO), like with IPO 38/2552 of which the Immigration Bureau apparently gave a copy to an unnamed person and subsequently Isaan Lawyers made an English translation available for posting on ThaiVisa.

I think I’ll contact Isaan Lawyers; I see that they are inviting this type of requests here on their website.

--

Maestro

[Mario2008]

38/2551 is published on the immigration website. Most police orders are, but only in Thai.

Look here: http://www.immigration.go.th/nov2004/en/ba...p?page=newspost

and click on notice. 38/2551 should be the first you see.

[Maestro]

...In making notification under this Section , the alien may make notification in person or send a

letter of notification to the competent official , in accordance with the regulations prescribed by the

Director General .

Thank you, Mario, for pointing that out. It should teach me to read to the end of a section in a law.

It is good to see that the option of making the 90-day address report is written into the Immigration Act, because it means that it cannot be as easily and at short notice be amended or abrogated as would be the case if it were only in a Police Order or in an internal memo or order of the Immigration Bureau. It also means that anybody who needs to make this periodic address report can continue to do so by mail without fear of committing a criminal act. Just keep the postal receipt for sending the report by registered mail or EMS. If an immigration officer should be silly enough to take you to court for it he will have no leg to stand on and you can counter-sue him for abuse of authority, if you feel so inclined.

--

Maestro

[Maestro]

38/2551 is published on the immigration website. Most police orders are, but only in Thai.

Look here: http://www.immigration.go.th/nov2004/en/ba...p?page=newspost

and click on notice. 38/2551 should be the first you see.

I spent a lot of time looking for this yesterday, in vain, because I wanted to add it my list of laws and regulations, which I am going to do now.

--

Maestro

[jfchandler]

Found this English language Word document on the Thai Immigration web site listed above that details their rules and procedures on this... It's consistent in that it also references permitting mail in notifications....

Thai_Immigration_Notification90Day.doc

The web link to obtain this Word document is here...

Based on the web address, it appears to be issued around the period November 2004.

[Lite Beer]

Found this English language Word document on the Thai Immigration web site listed above that details their rules and procedures on this... It's consistent in that it also references permitting mail in notifications....

Thai_Immigration_Notification90Day.doc

The web link to obtain this Word document is here...

Based on the web address, it appears to be issued around the period November 2004.

Thank You.. Good Work.

[lopburi3]

1. The web address is the current web site for Immigration - that 2004 was the start of it. The document looks new as it says those outside Bangkok area must use there local office to report.

2. Document gives information for Bangkok area reporting and believe the mail section only applies to them. See they still have the 5 baht stamp (although they said 10 baht several years ago).

3. They list the current fines - several years ago there was no 200 baht daily fine option.

4. They have changed return to be day zero. Thai have always counted day of arrival as day one and same website has it listed as day one on main page so not sure if word document is correct on that point.

5. See nothing in the document indicating mail reporting is or is not available upcountry.

Edited March 28, 2009 by lopburi3

[Maestro]

Here as PDF file for those who may not be able to open a Microsoft Word document:

Bangkok_Immigration_Announcement_notification_90day.pdf

Now added to list of laws, regulations, rules.

--

Maestro

[Nutcracker]

i'm told on the retirement visa, we have to "report" every 90 days. the lady at immigration told me that reporting period is from 7 days prior, up to the 90th day. she said if i report after the 90th day, there is a 2,000 baht fine. but she couldn't answer the question of how many days after the 90th day, am i permitted to do the reporting. can i report a month later, and simply pay a 2,000 baht fine? the whole point of this visa for me is to be able to come and go on my schedule, rather than on their schedule.

also, when does the 90 days to report actually start: like if i leave thailand for five weeks, and i return, does the 90 day ticker start when i reenter thailand each time?

thanks!!

You were told the fine is levied after the 90th day. That means what it says i.e. starting on day 91! Yes, you can turn up late and pay the fine but why do that. All they are doing is checking your address. You can do that in any immigration office in Thailand. If you leave the country within the 90 days the clock stops and restarts at zero when you arrrive back in Thailand. If you fail to check in within 90 days, leave the country and return I think you will still have a problem because you need to produce the paper record which you should keep in your passport. Retirement visa, work permit etc. the rules are the same.

[Lite Beer]

You were told the fine is levied after the 90th day. That means what it says i.e. starting on day 91! Yes, you can turn up late and pay the fine but why do that. All they are doing is checking your address. You can do that in any immigration office in Thailand. If you leave the country within the 90 days the clock stops and restarts at zero when you arrrive back in Thailand. If you fail to check in within 90 days, leave the country and return I think you will still have a problem because you need to produce the paper record which you should keep in your passport. Retirement visa, work permit etc. the rules are the same.

The law is that you can report 7 days either side of the date. Also now it has to be done at your local office.

From the Immigration Website.

[antony77]

There are conflicting reports regarding the 90 day reporting by post.

My last report I sent to Bkk (I live in Udon Thani) am I now right in thinking this is no longer possible and that I have to report in person to Nong Khai (as they do not accept notification by post) OR is it still possible to report by post to Bkk?

Thanks in advance for any assistance.

Yes send a photo copies of your passport. A completed new form. A self addressed stamped envelope with a 5 baht stamp and the old form in your passport (do not send your passport)to:

90 Days Registration, Room 2206, Immigration Bureau, 507 Soi Sanplu, South Sathorn Rd,

Thungmahamek Sathorn, Bangkok 10120.

Send by registered post about 7 days befor the 90 day period expires and keep receipt.

Very easy and no hassle

[lopburi3]

Above post is old information - all reporting now must be made to your local office - it has been reported that Nong Khai will accept mail in reports; but seems to discourage it.

[roatandon]

Above post is old information - all reporting now must be made to your local office - it has been reported that Nong Khai will accept mail in reports; but seems to discourage it.

be sure to obtain a re-entry permit, or you will have to go through the ropes of getting a new visa.

[jfchandler]

5. See nothing in the document indicating mail reporting is or is not available upcountry.

Lop... the Thai government Immigration web site on this subject is very confusing...

It specifically says 90 day reporting may be done at immigration offices throughout the country, and that reporting may be done in person or by mail. But then, under the mail section, it directs mailed reportings to be done to Suan Phlu... with no mention about the notion of mailings to other offices.

I'm presuming the above web site was prepared prior to the recent Immigration directive about people needing to deal with only their local office, instead of also thru the main BKK office. So in the past, someone living upcountry could have mailed their report to BKK instead of going to their local office???

But now, that the "deal only with your local office" directive has come into force, upcountry folks are no longer able to mail to BKK? But at least some of the local upcountry offices haven't taken up the slack by adding mail service to make up for that that was lost in BKK???

[lopburi3]

The web site is indeed out of date and you used to be able to report to Bangkok by mail if you lived outside of Bangkok (inside Bangkok you were told not to use mail). Those mailing from outside Bangkok now are getting returned letters advising them to contact there local office for future reports.

[phuketrichard]

i'm told on the retirement visa, we have to "report" every 90 days. the lady at immigration told me that reporting period is from 7 days prior, up to the 90th day. she said if i report after the 90th day, there is a 2,000 baht fine. but she couldn't answer the question of how many days after the 90th day, am i permitted to do the reporting. can i report a month later, and simply pay a 2,000 baht fine? the whole point of this visa for me is to be able to come and go on my schedule, rather than on their schedule.

also, when does the 90 days to report actually start: like if i leave thailand for five weeks, and i return, does the 90 day ticker start when i reenter thailand each time?

thanks!!

The clock starts again when you return. You have 7 days either side of the report date. So 7 days before, up to 7 days after. The fine is 2,000 Baht. But can be 5,000 Baht plus 200 Bht for every day you are late if you get taken to court.

From the Immigration Website.

The foreigner makes the notification in person, or

The foreigner authorises another person to make the notification, or

The foreigner makes the notification by registered mail.

The notification must be made within 7 days before or after the period of 90 days expires.

The first application for extension of stay by the foreigner is equivalent to the notification of staying in the Kingdom over 90 days.

My retriemnt extenison was issued in Phuket. Ok what happens if i choose to take a few months off and travel around Thailand and my 90 reporting falls (7 days on either side) when i am in Nong khai or Chang Mai or Pattaya? Do i have to return to Phuket? Or can i go to any immigration and tell them i am travelling?

If i have to reutn to phuket........ that sucks

[lopburi3]

You have to report in Phuket it seems. They may accept mail reporting. Indeed it does appear to be less than a well planned requirement.

[phuketrichard]

MMM

if that was the case and i was up north or east or west and i have my mutli re-entry permit, it would be cheaper to pop over a border.

Pretty stupid regulation

but as with most things in thailand .. they dont really think things thru.