kdmooretcc2 Posted March 28, 2009 Share Posted March 28, 2009 GREETINGS GENTS, I'M BEEN LIVING IN PATTAYA IN THE SAME LOCATION FOR 11 MOS. I HAVE A RETIREMENT VISA THAT I THOUGHT WAS GOOD FOR ONE YEAR. NOW RESEARCHING FOR INFO ON RENEWAL, I FIND POSTS ABOUT REPORTING REQUIREMENTS EVERY 90 DAYS. I HAVE CONTACTED IMMIGRATION THREE TIMES SINCE I ARRIVED: 1. TO GET PAPERS ALLOWING ME TO OPEN A BANK ACCOUNT AND 2 MORE TIMES FOR MOTORCYCLE PURCHASES. I HAVE NEVER REPORTED IN ANY OTHER WAY. MY VISA IN MY PASSPORT IS STAMPED SAYING APRIL 30, 2008-MY ARRIVAL DATE-AND "ADMITTED UNTIL APRIL 29,2009". AM I IN SOME SORT OF TROUBLE HERE? IF SO, HOW BAD? AM I MISUNDERSTANDING ALL THE REFERENCES TO THE 90 DAY REPORTING? ARE THEY REFERRING TO A SITUATION OTHER THAN MY OWN? ANY CLARIFICATION, ADVICE AND SUGGESTED COURSES OF ACTION IS APPRECIATED. Link to comment Share on other sites More sharing options...
hhgz Posted March 28, 2009 Share Posted March 28, 2009 Please, unlock your "caps lock". Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 (edited) Yes, you have violated Thai law. You are required to file a 90 day report every 90 days you are in Thailand. If you leave Thailand before 90 days (with a reentry permit) your reporting date is 90 days after you arrive back in Thailand. You need to go to immigration ASAP and BRING CASH. You will be subject to a large fine. Someone here will be able to tell you how much but don't go in there without the cash ready to pay. Most likely, you will not be going to jail. Just be very apologetic and plead ignorance, be prepared for a stern lecture, and most importantly be prepared to pay the fine! Oh, and BTW, you must bring in PROOF of your current address, a copy of a phone or power bill is the most common. The other encounters you had an immigration are not related at all the the official 90 day report. Do you plan to stay next year? (Your permission to stay end is coming up.) Edited March 28, 2009 by Jingthing Link to comment Share on other sites More sharing options...
Lite Beer Posted March 28, 2009 Share Posted March 28, 2009 2000 Baht fine. Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 I had thought they had the power to impose a bigger fine in long term violations like this. Are you sure 2000 baht is always the maximum fine? Link to comment Share on other sites More sharing options...
Mario2008 Posted March 28, 2009 Share Posted March 28, 2009 You had to report every 90 days, not doing so can mean a fine of 2,000 baht. Did you get a O-A visa, what does it say? single or multiple? Link to comment Share on other sites More sharing options...
lopburi3 Posted March 28, 2009 Share Posted March 28, 2009 You will not be going to jail - you will be asked to fill out a TM.47 form/attach 4x6cm current photo and pay the normal fine of 2,000 baht. I would make your application of extension of stay at the same time as that can be done when down to 30 days remaining on your permitted to stay stamp. Link to comment Share on other sites More sharing options...
lopburi3 Posted March 28, 2009 Share Posted March 28, 2009 Mario2008 post is important - as if a multi entry and still valid (the date on visa - not your permitted to stay stamp) you can exit country and return for a new one year stay. Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 (edited) If the OP has an O-A, couldn't he leave and return to Thailand before his current expiry and get an additional one year permission? Then his address report date would be 90 days from his reentry in which case he might even get away with this without a lecture and a fine? Edited March 28, 2009 by Jingthing Link to comment Share on other sites More sharing options...
Lite Beer Posted March 28, 2009 Share Posted March 28, 2009 If you are arrested for non complience a court can impose a fine of 5,000 Baht and 200 Baht for every day. I do not remember it ever happening. Link to comment Share on other sites More sharing options...
kdmooretcc2 Posted March 28, 2009 Author Share Posted March 28, 2009 Yes, you have violated Thai law. You are required to file a 90 day report every 90 days you are in Thailand. If you leave Thailand before 90 days (with a reentry permit) your reporting date is 90 days after you arrive back in Thailand. You need to go to immigration ASAP and BRING CASH. You will be subject to a large fine. Someone here will be able to tell you how much but don't go in there without the cash ready to pay. Most likely, you will not be going to jail. Just be very apologetic and plead ignorance, be prepared for a stern lecture, and most importantly be prepared to pay the fine! Oh, and BTW, you must bring in PROOF of your current address, a copy of a phone or power bill is the most common.The other encounters you had an immigration are not related at all the the official 90 day report. Do you plan to stay next year? (Your permission to stay end is coming up.) Thanks for your advice. Yes, I plan on renewing the retirement visa. Regarding the PROOF of my address, I have been renting a house with the phone and utilities remaining in the owners name...I have just been paying it. Do you think that a document from the owner will suffice? If not, what type of proof would suggest? Link to comment Share on other sites More sharing options...
Mario2008 Posted March 28, 2009 Share Posted March 28, 2009 I had thought they had the power to impose a bigger fine in long term violations like this. Are you sure 2000 baht is always the maximum fine? The regulations say a fine of 5,000 and 200 for each day you are in violation. That is however the maximum fine, and in practise they only fine 2,000. Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 (edited) Thanks for your advice. Yes, I plan on renewing the retirement visa. Regarding the PROOF of my address, I have been renting a house with the phone and utilities remaining in the owners name...I have just been paying it.Do you think that a document from the owner will suffice? If not, what type of proof would suggest? A copy of your lease should work. Are you clear about what you need to get your new permission to stay? I assume now you are not on an O-A visa, correct? Or if you don't understand the distinction, tell us how you got your CURRENT permission to stay in Thailand and then we can tell if you have an O-A visa or not. The regulations say a fine of 5,000 and 200 for each day you are in violation. That is however the maximum fine, and in practise they only fine 2,000. Interesting. Not to be paranoid, if they were in a bad mood and really offended by a long term non-compliance, it is then POSSIBLE they could do this, yes? Edited March 28, 2009 by Jingthing Link to comment Share on other sites More sharing options...
lopburi3 Posted March 28, 2009 Share Posted March 28, 2009 (edited) The current policy - as listed on a document posted today which appears to be current - is 2,000 baht fine unless court action required - then 4,000 baht plus the 200 baht per day. http://www.thaivisa.com/forum/post-a79638-...tion90Day..html Edited March 28, 2009 by lopburi3 Link to comment Share on other sites More sharing options...
kdmooretcc2 Posted March 28, 2009 Author Share Posted March 28, 2009 Thanks for your advice. Yes, I plan on renewing the retirement visa. Regarding the PROOF of my address, I have been renting a house with the phone and utilities remaining in the owners name...I have just been paying it.Do you think that a document from the owner will suffice? If not, what type of proof would suggest? A copy of your lease should work. Are you clear about what you need to get your new permission to stay? I assume now you are not on an O-A visa, correct? Or if you don't understand the distinction, tell us how you got your CURRENT permission to stay in Thailand and then we can tell if you have an O-A visa or not. The regulations say a fine of 5,000 and 200 for each day you are in violation. That is however the maximum fine, and in practise they only fine 2,000. Interesting. Not to be paranoid, if they were in a bad mood and really offended by a long term non-compliance, it is then POSSIBLE they could do this, yes? I must say with an emphatic NO! I am not clear about any of this. Looking at my passport/visa it says: Type of visa-Non-Immigrant......Category- O-A....No. of entry S what does the O-A mean? Is this good or bad? Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 (edited) I think you have more options now. I will defer to the more expert about O-As. I will frame a question though for you. Sounds like he has a single entry O-A. Can he apply for a reentry permit, leave and reenter to Thailand before his current expiry and get an additional year of permission to stay and thus avoid having to apply for a permission to stay at immigration (until next time)? In any case, I would still deal with this non-reporting fine. Edited March 28, 2009 by Jingthing Link to comment Share on other sites More sharing options...
lopburi3 Posted March 28, 2009 Share Posted March 28, 2009 (edited) You only had a single entry visa and you used it to obtain your current stay. You need to extend your stay using a TM.7 form within the next month (would advise next week as holidays coming up). You will need proof of 800k in Thai bank account or 65k pension as listed on an Embassy letter. If using bank account you will need bank book and letter from bank of account balance (both the same and up to date). Your passport/copies/departure card/photos taken within 6 months (4x6cm) and 1,900 baht application fee. You will also have to take care of the 2,000 baht fine for not reporting address. The OA is "other pre approved one year stay". It is issued for long stay/retirement for those over age 50. Edited March 28, 2009 by lopburi3 Link to comment Share on other sites More sharing options...
Lite Beer Posted March 28, 2009 Share Posted March 28, 2009 Thanks for your advice. Yes, I plan on renewing the retirement visa. Regarding the PROOF of my address, I have been renting a house with the phone and utilities remaining in the owners name...I have just been paying it.Do you think that a document from the owner will suffice? If not, what type of proof would suggest? A copy of your lease should work. Are you clear about what you need to get your new permission to stay? I assume now you are not on an O-A visa, correct? Or if you don't understand the distinction, tell us how you got your CURRENT permission to stay in Thailand and then we can tell if you have an O-A visa or not. The regulations say a fine of 5,000 and 200 for each day you are in violation. That is however the maximum fine, and in practise they only fine 2,000. Interesting. Not to be paranoid, if they were in a bad mood and really offended by a long term non-compliance, it is then POSSIBLE they could do this, yes? I must say with an emphatic NO! I am not clear about any of this. Looking at my passport/visa it says: Type of visa-Non-Immigrant......Category- O-A....No. of entry S what does the O-A mean? Is this good or bad? It means that you have to go to Immigration and apply for a 12 month extension. You need 800,000 Baht in a Thai bank for 2 months OR 65,000 Baht a month income OR a combination of both. If you cannot do this you can leave the country and get a Visa somewhere or go back to your own country and get another O-A Visa. Link to comment Share on other sites More sharing options...
Lite Beer Posted March 28, 2009 Share Posted March 28, 2009 The current policy - as listed on a document posted today which appears to be current - is 2,000 baht fine unless court action required - then 4,000 baht plus the 200 baht per day. Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 (edited) Oh, my mistake, I hadn't realized you need a multi-entry O-A to take advantage of the "extra year" without application gambit. I thought getting a reentry permit may take care of that. Let that be a lesson to those using the O-A, get a multi-entry! To the OP, if you are using the 800K in the bank method and you haven't kept it that high for two months prior to going for your extension application, let us know. There is a way for you to start over without going back to your home country (but another method, not the O-A). Edited March 28, 2009 by Jingthing Link to comment Share on other sites More sharing options...
Mario2008 Posted March 28, 2009 Share Posted March 28, 2009 Corect Lite Beer, that is what the immigration act says: 90 day notification is in section 37 (5), the fine is in section 76. 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. Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 So how much cash should he bring to office to be totally safe? Link to comment Share on other sites More sharing options...
Mario2008 Posted March 28, 2009 Share Posted March 28, 2009 So how much cash should he bring to office to be totally safe? 2,000 is enough. Link to comment Share on other sites More sharing options...
Jingthing Posted March 28, 2009 Share Posted March 28, 2009 The OP should tell us about how he plans to qualify for his new extension and then he can get some specific advise on how to proceed with that. Pension? Cash in Thai bank? Combo? Enough to exceed the 800K? Link to comment Share on other sites More sharing options...
Lite Beer Posted March 28, 2009 Share Posted March 28, 2009 Oh, my mistake, I hadn't realized you need a multi-entry O-A to take advantage of the "extra year" without application gambit. I thought getting a reentry permit may take care of that. Let that be a lesson to those using the O-A, get a multi-entry Yes. The Multi Entry would have suited him better. Link to comment Share on other sites More sharing options...
kdmooretcc2 Posted March 28, 2009 Author Share Posted March 28, 2009 So how much cash should he bring to office to be totally safe? 2,000 is enough. Why do you feel sure 2000 is enough? Some of the info in the above posts seem to clearly indicate the possibility of larger and per-day fines. Is it my O-A category that makes those references not apply to me? Link to comment Share on other sites More sharing options...
lopburi3 Posted March 28, 2009 Share Posted March 28, 2009 The fine is 2,000 baht - see my post on page one and the document linked from it. If he were arrested then the fine would be not less than 4,000 baht and a penalty of 200 baht per day until it was paid. Link to comment Share on other sites More sharing options...
Lite Beer Posted March 28, 2009 Share Posted March 28, 2009 So how much cash should he bring to office to be totally safe? 2,000 is enough. Why do you feel sure 2000 is enough? Some of the info in the above posts seem to clearly indicate the possibility of larger and per-day fines. Is it my O-A category that makes those references not apply to me? It is because 2,000 Baht is the normal regular fine. It is no big deal and you will not have a problem. Your main concern is to sort your extension out for next year if you are planning on staying. Link to comment Share on other sites More sharing options...
Mario2008 Posted March 28, 2009 Share Posted March 28, 2009 The fact that one only get fined 2,000 makes me sure enough. The max fine is only or those who go to court, and I have never heard of such case. Your csae is a simple one, like many others. And like many others you will only have to pay 2,000. The max fine is more for persons who deliberatly don't do their report and keep on not doing it. Then immigration has a stick. Look at the document Lopburi 3 refered to. I believe the 4,000 is a typo. But that is the policy at Bangkok. Link to comment Share on other sites More sharing options...
kdmooretcc2 Posted March 28, 2009 Author Share Posted March 28, 2009 The OP should tell us about how he plans to qualify for his new extension and then he can get some specific advise on how to proceed with that. Pension? Cash in Thai bank? Combo? Enough to exceed the 800K? Yes....thanks for all the advice guys. I do have the funds in the bank and will get letters to confirm and plan on getting the lease Doc. as proof of address. My plan, as it comes together in my head, is to arrive with all requirements at immigration for the purpose of extending my current O-A visa. My only uncertainty is how big of a deal will be made of the "not reporting" and how much cash to be prepared with. Link to comment Share on other sites More sharing options...
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