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New Enforcement "notice Staying Longer Than 90 Day


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Begining in October, 2003, the Chiang Mai Administrative Section of the Immigration office has required me to file every 90 Days a "FORM FOR ALIEN TO NOTIFY OF STAYING LONGER THAN 90 DAYS" TM47 as I have a 365 day O-A extention (retirement) visa.

Has anyone else experienced this recent enforcement of a regulation that has been on the books for years?

When questioned, the clerk advised every Farang, regardless of type of visa including permanent residents, are so required. He waived the substatial penalties as "I didn't know" of the regulation.

He stapled a document, consisting of a passport page sized red stamp on white paper as to my required return date 90 days hence with alot of Thai writing, to the last page of my passport.

That office, "caught me" because I went in there to get a Ceretificate of Residency for a Thai driver's license. Tacked to a bulletin boad prominently displayed was a page of regulations with the pertinent section underlined in red.

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they seem to be enforcing this regulation now.

i got my retirement visa last week in bangkok and had some bumf stapled into my passport too, (it was in english,not thai.... they are so much more helpful down here in bangkok !!!.....), instructing me not to forget to re-register before 90 days has passed. it can be done by post....they gave me a form that i can fill out and send off to them instead of going in.

2000 baht fine at least if you dont re-register.

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Thanks taxexile! You are a comfort.

I explored the mail in route, but since the form TM 47 has a "Receipt of Notification" tear off at the bottom of the form:

(1) do you have to provide a self-addressed stamped envelope with the mail in so the receipt can be returned to you?

(2) Are you required to have the receipt?

(3)Will they mail you your receipt if you don't provide the self-addressed stamped envelope?

(4)If you undergo a passport check and you don't have the stamped paper in the back of your passport with the return date on it and no Receipt of Noticification available, are you in trouble?

I would like to avoid the trip to immigration and welcome anyone who has information to the quesitons innumerated above.

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One thing I'm not clear on, regarding the 90-day report requirement, is what point in that 90-day period is considered 'too early' to report. I popped into the local immig office here in Chiang Mai a few days ago as I had time to kill while waiting to pick a friend up at the airport. My current 90-day reporting period is up 14 March. They sent me away, saying it was too early to report! I asked when I should come and they said on 14 March itself.

If that's correct, that means one always needs to report on a very specific date, which I never was aware of before. Till now I've always done it by mail, and in that case I suppose they just hang onto the form till the 'right' time comes up.

But the way the regulation reads it seems like you could report any time within the 90 days. Anyway it's hazy to me, and if anyone here has any light to shed, beam away!

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Make sure that the people where you are staying also inform the Immigration as soon as you arrive. That is also a legal requirement.

We own our own house and my wife was fined for not telling immigration that I was living with her. Crazy!

Yes we are legally married, and they have checked that we do live together on several occasions.

Thai bureacracy loves to drag out old regulations every so often, give then a dust over and make sure they still work, before putting them back on the shelf for another few years.

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Sabaijai: In my two years of experience here, I have been told on more than one occasion not to come in until a day or two before the due date. My last 90 day report was the day before the due date.

It makes sense that it would add to their paperwork burden if most farang came in early, thereby increasing the number of visits over the long term.

Astral: Many thanks for the reminder that the owner of any type of property in which a farang is staying must repot it to immigration, wife included.

My Thai companion owns the house in which we live, so Monday off they go to immigration. Is there a fee involved in the Thai owners report?

Maybe crazy applying to you, but exceptions aren't made. Think of the 10 illegal nigerians staying in one room! I am sure there is some sort of cross-check of the farangs report with the property owners, at least when the scheme was conceived.

Criminals and other undersireables rarely follow the rules as we do and thus provide the police with easy grounds for deportation when they don't follow these types of rules.

What a paper/labor saving thing it would be if farang on one year permit extentions were not required to make the 90 day report unless he moves from his reported place of stay and then make such a report due on the day before moving.

We all know that the Head of Chiang Mai immigration is on record as stating that the Thai government loves paperwork!

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One thing I'm not clear on, regarding the 90-day report requirement, is what point in that 90-day period is considered 'too early' to report. I popped into the local immig office here in Chiang Mai a few days ago as I had time to kill while waiting to pick a friend up at the airport. My current 90-day reporting period is up 14 March. They sent me away, saying it was too early to report! I asked when I should come and they said on 14 March itself.

You may just have a problem. The 14th March is a Sunday!

eddieold

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Since arriving in Thailand nearly 3 years ago, I have registered every 90 days as required, last time I was in Immigation at Soi Suan Plu checking on permanent requirements for residency, I went to the fourth floor and presented by passport and renewal slip about 8 - 10 days early - not problem, the officer was very courteous said thank you and stamped my form 90 days from that day.

I always post my 90 day paperwork EMS with a self addressed stamped envelope and a completed EMS form to my office address.

One thing you should be aware of which can to light when a work college went to the same office - because he had a slight problem with passport / visa / work permit dates they checked his 90 day status on computer - guess what, his records were there- they new exactly when he arrived and when his 90 day was due - so, a word of warning -if they ever want play strictly by rules they have your records there to use as they see fit at the time.

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here is my experience with the 90-day reporting:

at Suan Plu they accept reporting applications ±7 days to the expiry date, meaning you can report up to 7 days early and you will be stamped for another 90 days counting from your original expiry date. If you report earlier than -7 days you will be stamped for 90 days counting from the day you report (happened to stupid me once - lost 20 days). If you report late but within 7 days of previous expiry you won't be fined (I've never tested this rule but a sign in room 401 states this).

For the past two years I report by mail (EMS) without problems. They appear to be holding the reporting form 'till the due date and mail it back the next day.

Documents required for mail reporting:

copy of PP all (used) pages, signed by owner

copy of TM card front and back, signed by owner

(the above copies will be returned by mail with the new report slip and a blank TM.47 form for the next reporting)

original of the previous reporting slip (I always keep a copy with me until I get the new one!)

original of the TM.47 form (again I keep a copy at home in case somebody should ask)

self addressed envelope with sufficient postage for registered mail.

Note: I always provide sufficient postage and a filled in CAT (now Post Thailand) form for registered mail yet they mail it back by normal mail!

opalhort

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Dear All,

Talk about “misinformation”. Maybe, Baghdad Bob heads up the Immigration Bureau in Thailand!

On 16th October, 1998, the Pattaya Mail newspaper published the following item, written by the Honorary British Consul in Pattaya:

The British Chamber of Commerce has forwarded to Pattaya Mail the following letter received from the Board of Trade of Thailand:

“Following Complaints from foreign communities concerning the requirement to report to Immigration every 90 days, we have investigated the matter with all parties concerned and we are pleased to confirm the following –

1. Police Major General Kongkiert Apaivongs confirmed to me this morning that, effective immediately, the section 37/5 of the Immigration Act will not be enforced. No penalty will be imposed on any foreigners who are unable to comply.

2. Foreigners are advised not to use the services of any broker on this issue. Several cases of distortion or misinformation were reported.

3. The Immigration Bureau is now taking the necessary steps to have this Section removed from the current legislation.

4. However, all foreigners must observe the requirement under the current law to report to the Immigration Bureau within 24 hours in case of change of address in Thailand”

In the same newspaper, on 30th October 1998, a letter appeared and the following is an extract taken from that letter (the vocabulary and grammar are not mine):

“…………….I wonder whether you could check out, verify if possible, and determine whether the Pattaya Office of the Immigration Department intends to apply a change in practice reportedly instituted by the Immigration Department on the recently reemphasised and threatened tight enforcement of the need to report current address every 90 days, even if there has been no change of address.

This change in practice was reported in the “Nation” newspaper, Business Section on Thursday 22nd October 1998………and the decision was welcomed by the Thai-Canadian Chamber of Commerce.........”

The long-windedness continued unabated for another column and the Pattaya Mail reply went as follows:

“Our sources seem to indicate that what the Nation printed is in fact true. The Immigration Bureau will continue to be “relaxed” in their enforcement of this outdated law and are working toward getting it off the books.”

It appears that they’re not working that hard!!

Cheers

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Here in Phuket they have enforced this longstanding rule also since October 2003. Actually, when renewing my 12 months visa in September 2003 I was alerted by the Immigration Officials that this rule would be enforced from 1 October 2003. Hence in December I went back to the Immigration Office, filling out a preprinted form with a stub, which is now attached to my passport together with the TM slip. Here in Phuket it works very smoothly and when I have to go in in March 2004 for the second extention of the 90 days stay, I must fill out a similar form. As mentioned, Phuket officials seems well aware of the rule and implement it without any hazzle. :o Kandt

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Make sure that the people where you are staying also inform the Immigration as soon as you arrive. That is also a legal requirement.

We own our own house and my wife was fined for not telling immigration that I was living with her. Crazy!

Yes we are legally married, and they have checked that we do live together on several occasions.

Is there a form for this, too?

How exactly does your wife go about informing the Immigration Bureau?

And does she, too have to do this every 90 days?

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March 2004 for the second extention of the 90 days stay, I must fill out a similar form. As mentioned, Phuket officials seems well aware of the rule and implement it without any hazzle.  :o  Kandt

the 90 day address reporting is NOT an EXTENSION of anything!

You are required by law to report your current address to immigartion every 90 days if you stay longer than 90 days inside Thailand. DON'T get this mixed-up with visa extensions!!!!!!!

opalhort

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When the house owner goes to report your presence, it must bewithin 24 hours of your arrival. Section 38 Immigration Act 2522

There is a form to fill in, very much like the reporting from for the farang.

There is no charge - as far as I know.

A copy of the household papers and the id card of the house owner is needed.

In our case we have an Immigration office in the town.

However " If there is no immigration office in the area, the local police official must be notified."

Hope this helps

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