90 Day Reports.

[Liquorice]

Perhaps one of the more experienced can explain the reason for 90 day reports.

Is it merely to confirm your address and your still alive and kicking.

I mean you get a 12 month extension, but have to report every 90 days, which I presume is a condition of the extension.

I read you can report 14 days before and 7 days after the date, but what happens if you forget?

Is it a fine, or is your extension revoked.

I also read you can make the reporting by post, but many offices can get awkward if you use this method without paying 'tea' money.

What's the actual legal stance on this?

Can an Immigration office refuse a postal application for any reason if the documents are in order?

I haven't got to this stage yet, but I'd like to be forearmed.

[ubonjoe]

It is a report of staying in the country longer than 90 days. The reason you have to do them is because they are required by the immigration act (1979).

You can make them 15 days early or 7 days after the report date. The normal fine is 2000 baht for not doing them or being late. The maximum fine is 5000 baht.

Some offices do not accept 90 reports by mail. You need to check with Amnat to find out whether they accept them or not and what their rules are.

[Liquorice]

ubonjoe, on 07 Jul 2014 - 14:02, said:

It is a report of staying in the country longer than 90 days. The reason you have to do them is because they are required by the immigration act (1979).

You can make them 15 days early or 7 days after the report date. The normal fine is 2000 baht for not doing them or being late. The maximum fine is 5000 baht.

Some offices do not accept 90 reports by mail. You need to check with Amnat to find out whether they accept them or not and what their rules are.

I believe Amnat do accept 90 day reporting by mail - if you pay 2000 baht when you get your extension.

That's why I asked what's the legal stance, they obviously accept postal reporting but I'm opposed to encouraging corruption.

A 200 baht 'tip' in my postal application is within my morals, but being asked to pay for a service they should offer freely isn't.

[lopburi3]

Section 37 of above Immigration Act BE 2522 (1979) in below paragraph: Note immigration web sites do not currently link to this document for some reason.

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 .

Penalty is outlined in section 76 as below - but if reporting is done late but volunteerly 2,000 is the normal fine.

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.

http://www.immigration.go.th/nov2004/en/doc/Immigration_Act.pdf

[KhunBENQ]

ubonjoe has explained the "reason" (necessity), but the popular question "what sense does it make" is still open to me.

If you don't do it, no alarm goes on, no search warrant, no "blacklist", it will not be noticed when leaving the country (? as far as I know).

I know people who simply igrnore them and then pay their fine at the yearly extension.

I have not heard of other consequences.

Some immi officers (e.g. at "my" office) are creative and whisper to offer three reports in advance for a "special fee".

Illegal but done. Maybe things will change under the new regime.

Edited July 7, 2014 by KhunBENQ

[Liquorice]

lopburi3, on 07 Jul 2014 - 14:13, said:

Section 37 of above Immigration Act BE 2522 (1979) in below paragraph: Note immigration web sites do not currently link to this document for some reason.

Quote

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 .

Penalty is outlined in section 76 as below - but if reporting is done late but volunteerly 2,000 is the normal fine.

Quote

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.

http://www.immigration.go.th/nov2004/en/doc/Immigration_Act.pdf

Thanks, but doesn't answer my question.

If Amnat accept 90 day postal reporting, but I refuse to pay the 2000 baht asking price, can there be consequences.

If I just send my postal applications every 90 days, can they refuse it.

[lopburi3]

Yes 5k fine and 200 baht per day additional fine until paid per section 76.

[jimn]

Without knowing where the OP lives or how close he is to an Immigration office. Myself I live near the Jomtien Office. My last 90 day report was easy. Turned up at 2.30 pm and was out of there by 2.35pm. Painless

[KhunBENQ]

Sometime ago I did a small survey (other forum) among expats and found that in the worst case they have 150 km oneway to the office.

Avarage was about 50 km or so.

Edited July 7, 2014 by KhunBENQ

[MJCM]

Without knowing where the OP lives or how close he is to an Immigration office. Myself I live near the Jomtien Office. My last 90 day report was easy. Turned up at 2.30 pm and was out of there by 2.35pm. Painless

+1, mine is even easier, I just send the wife

[Liquorice]

jimn, on 07 Jul 2014 - 14:48, said:

Without knowing where the OP lives or how close he is to an Immigration office. Myself I live near the Jomtien Office. My last 90 day report was easy. Turned up at 2.30 pm and was out of there by 2.35pm. Painless

I'm in Roi Et. The nearest office is Amnat Choroen 123 kms away.

[Liquorice]

lopburi3, on 07 Jul 2014 - 14:31, said:

Yes 5k fine and 200 baht per day additional fine until paid per section 76.

Your answer has puzzled me.

If I've complied with Section 5 of the Act, ie;

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 .

How can they fine me 5,000 baht for compliance.

[Suradit69]

lopburi3, on 07 Jul 2014 - 14:31, said:

Yes 5k fine and 200 baht per day additional fine until paid per section 76.

Your answer has puzzled me.

If I've complied with Section 5 of the Act, ie;

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 .

How can they fine me 5,000 baht for compliance.

The regulations would have been written in Thai, not English, so interpreting your obligations based on expressions like "may make notification" could lead to a misunderstanding. "May" could mean "under certain circumstances."

Also it clearly states "in accordance with the regulations prescribed by the Director General .

so it's quite possible the Director General has specifically designated which offices will or will not accept notification by mail and under what conditions. I seem to recall at one point someone saying/writing that this method would be on an "if & when available" basis when it was introduced.

So it is possible for whatever reason that mailing in some documents won't satisfy the regulations prescribed by the Director General and that they would say you haven't properly notified them.

Rather than debating it here, you should consult the office where you are expected to report. I would suggest you not play at being a lawyer or attempt to instruct the officers on the regulations. Since they are empowered to use their discretion in dealing with people, you really are not going to win by getting into anyone's face. If nothing else, at the moment the country is operating under martial law so regulations can be suspended or amended without notice.

[Madgee]

Amnat insisted that I reported in person last year for my 90 day reports, even though it is a 250km round trip. They said they were short staffed and many mail reportees failed to include the correct documentation in their postal reports causing them unnecessary work.

Recently I changed my current extension and asked them again about reporting by mail. The new officers working at Amnat said it was possible but still preferred people, especially those that had never done it before to report in person. They did give me the 'green light' to report by mail but also offered me an 'alternative', in case I forgot!

Personally, even though I've got a choice in which way I report, I treat it as a day out to explore the surrounding countryside, towns and attractions. It's surprising what you can discover!

[Liquorice]

A 250K round trip and a day out is nice if you have the means of transportation to do this.

While it's possible on a motorcycle, that wouldn't be my idea of a nice day out, more a slog.

I don't know why their isn't more co-operation between expats to car share and split the travel costs if the car owner has to go anyway.............there again, I can think of a few I wouldn't want to share anything with. lol