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Does not filing a 90 day report technically mean you are on overstay?


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Retirement, marriage, etc, if not done are you on overstay? This really doesn't apply to me as neither retired or have a marriage extension but do know a chap who for whatever reason doesn't report in (he has an extension based on retirement) and says it's fine just to pay the fine at the end of that visa when going to renew.

Just got me thinking, IF he is technically on o/s he could now face a 5 year ban if apprehended?

Thanks.

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No it doesn't but there is a fine to pay.

I believe they changed the rules recently and according to my passport the fine is now a 'Fine not exceeding 5,000 Baht' PLUS an additional fine not exceeding 200 Baht per day.

I think the new part is the 200 Baht per day on top of the fine.

Edited by ukrules
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No it doesn't but there is a fine to pay.

I believe they changed the rules recently and according to my passport the fine is now a 'Fine not exceeding 5,000 Baht' PLUS an additional fine not exceeding 200 Baht per day.

I think the new part is the 200 Baht per day on top of the fine.

Ok, so he was right then. I doubt he knows about this new fine though :-)

So if you don't bother for the entire year the fine could be approx an additional Bt73,000.00 ?? 365 x 200

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No it doesn't but there is a fine to pay.

I believe they changed the rules recently and according to my passport the fine is now a 'Fine not exceeding 5,000 Baht' PLUS an additional fine not exceeding 200 Baht per day.

I think the new part is the 200 Baht per day on top of the fine.

Ok, so he was right then. I doubt he knows about this new fine though :-)

So if you don't bother for the entire year the fine could be approx an additional Bt73,000.00 ?? 365 x 200

You don't need to report for the first 90 days so it wouldn't be 365 days but potentially 295 for the whole year and you would need to add the 5000 Baht fine in as well.

That's what it says on the bit of paper they attached to the page in my passport. It seems a bit steep though doesn't it ?

I'd let him know just in case but maybe it only applies to those who have the new notice in their passport.

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It is still the standard 2000 baht fine for late reporting.

The 5000 baht is the maximum fine and 200 baht until you report. The 200 baht a day is subject to interpretation as to how if would be charged..

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It is still the standard 2000 baht fine for late reporting.

The 5000 baht is the maximum fine and 200 baht until you report. The 200 baht a day is subject to interpretation as to how if would be charged..

Is the 200 Baht per day thing a new regulation ? I haven't had one of these in my passport since last year and I don't remember it being worded this way back then :

post-44895-0-76322500-1406012920_thumb.j

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not reporting does not invalidate your extension, so you cant be on an overstay if you dont report, only a fine applicable

however I do remember in an immigration department on time, looking at a notice in English about 90 day reporting, and it did have words along the lines of this is an "overstay" but think it was more to do with the translation into English than actually being the law

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The usual fine is 2,000 Baht

Thats if you only miss 1 report date and i was told at 1 stage that i was i day late therefore a fine of 2000 baht was payable.well to bore you not it happened not to be a late report but a mix up between translation of my gf.

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Not sure about now

They used to be very keen on 'overstay'..I always presumed it was an earner!

Last time I was accused of overstay they failed to read either the visa extension stamp or the 90 day report...oops..sorrysmile.png

You need to know exactly what is in your passport and if you think it is wrong get it checked and altered. It is up to you.

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It is still the standard 2000 baht fine for late reporting.

The 5000 baht is the maximum fine and 200 baht until you report. The 200 baht a day is subject to interpretation as to how if would be charged..

If you read the explanation on the Immigrations website, it sounds like there is a difference between (1) you reporting to immigrations that you are late or (2) you being arrested & found to be in violation.

Soundss similar to the difference between reporting an overstay or being arrested for being on overstay. The penalties in the second case are worse than if you turn yourself in.

. Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer : -In case notifying in person, the alien will be punished with a fine of 2,000 Bath.

- In case of being arrested for not notifying on the due date, the fine is 4,000 Bath and with an additional fine of 200 Bath for each day which passes until the law is complied with.

http://bangkok.immigration.go.th/en/base.php?page=faq

Edited by Suradit69
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90 Day reporting and visas are two entirely separate legal entities.

They are coincidentally dealt with at the same building.

To not report for your 90 Days is crass, but nothing to do with your visa, nothing to do with visa requirements, and non-indictable.

The absolute maximum fine for either not reporting or losing the reporting slip is 2000b.

Edited by Johnnie99
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It is still the standard 2000 baht fine for late reporting.

The 5000 baht is the maximum fine and 200 baht until you report. The 200 baht a day is subject to interpretation as to how if would be charged..

If you read the explanation on the Immigrations website, it sounds like there is a difference between (1) you reporting to immigrations that you are late or (2) you being arrested & found to be in violation.

Soundss similar to the difference between reporting an overstay or being arrested for being on overstay. The penalties in the second case are worse than if you turn yourself in.

. Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer : -In case notifying in person, the alien will be punished with a fine of 2,000 Bath.

- In case of being arrested for not notifying on the due date, the fine is 4,000 Bath and with an additional fine of 200 Bath for each day which passes until the law is complied with.

http://bangkok.immigration.go.th/en/base.php?page=faq

I have never heard of anybody being arrested for not reporting. I don't know where the 4k baht number comes from. This is what the immigration act says.

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.

Immigration_Act_EN.pdf

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If you read the explanation on the Immigrations website, it sounds like there is a difference between (1) you reporting to immigrations that you are late or (2) you being arrested & found to be in violation.

Soundss similar to the difference between reporting an overstay or being arrested for being on overstay. The penalties in the second case are worse than if you turn yourself in.

. Question : What is the punishment in case of late/not notifying of residence every 90 days ?

Answer : -In case notifying in person, the alien will be punished with a fine of 2,000 Bath.

- In case of being arrested for not notifying on the due date, the fine is 4,000 Bath and with an additional fine of 200 Bath for each day which passes until the law is complied with.

http://bangkok.immigration.go.th/en/base.php?page=faq

I have never heard of anybody being arrested for not reporting. I don't know where the 4k baht number comes from. This is what the immigration act says.

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.

attachicon.gifImmigration_Act_EN.pdf

I'm not defending what it says, just reporting what anyone can read on the Immigration website.

You may not be arrested for not reporting, but if you are stopped to check on your visa or extension or for some other reason, I suppose if the absence of reporting were discovered you could be up the creek.

The Immigration Act allows for Baht 200 a day "until the law is complied with," so that provision exists if an Immigration officer chose to enforce the law and judging by the note shown by UKRules, some offices are well aware of it.

There are a lot of things happening now that no one ever heard of a few months ago. Pretending they don't exist doesn't really benefit anyone.

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It is probably for both your security and the land security that every 90 days we have to report where we are. As you know all expats keep on moving from one condo to another, from one city to another. When reporting they know exactly where we are every 90 days.

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You can have someone report on your behalf the only time you have to go in person is when you have to renew your yearly application of extension. When it comes to the 90 day reporting I take both my wife's and my passport , it can take between 5 minutes to 3 hours depends on the immigration officer and how many times he is going to step out of the office for a smoke last time I did it I sat there for over two hours .

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No it doesn't but there is a fine to pay.

I believe they changed the rules recently and according to my passport the fine is now a 'Fine not exceeding 5,000 Baht' PLUS an additional fine not exceeding 200 Baht per day.

I think the new part is the 200 Baht per day on top of the fine.

Ok, so he was right then. I doubt he knows about this new fine though :-)

So if you don't bother for the entire year the fine could be approx an additional Bt73,000.00 ?? 365 x 200

Why the resistance to the 90 day address reconfirmation?

If married, have wife go do it.

If retired, you have lots of time so be sure to tell your maid/house boy/gf to go do it.

If in biz, have your employee go do it.

If in any other category, I hope you get the idea.wai2.gif

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I don't understand why foreigners want to have problems that can easily avoided by complying to law and regulations.

90 days reporting has nothing to do with visas. You have to report if you have been staying in Thailand for more than 90 says in Thailand.

However if you go outside Thailand, if you should have reported and you didn't do it, you can be denied entry!

The rule is that you must keep your last receipt of reporting in your passport. (although they say that you must have all of them)

To report

go to immigration website

download the form. Fill it.

copy the page of your passport with your photo

copy the page with your visa

copy your last receipt of reporting if any

have an enveloppe with your adress and a 10 Bath stamp

put all this in an enveloppe

go to the post office and send all documents by registered mail

this will cost you 20/40 Baths not a big deal

Do that two weeks before the 90th day following your last entry/reentry in Thailand.

keep the post receipt. If no news within one month go to the Immigration with the post receipt

Try to be "legal" as much as you can

Or pay as much money as you have

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Unless the chap mentioned in the OP departs and re-enters Thailand frequently enough during the year on a Retirement Extension and Multiple Re-Entry. You have to report 90 days rom your last rfe-entry, not 90 days from your last report.

You'd only have to do two trips at the right frequency and not have to do a 90 day report (less a few days epending on how long you're away) at all until close to your next extension date.

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Not sure about now

They used to be very keen on 'overstay'..I always presumed it was an earner!

Last time I was accused of overstay they failed to read either the visa extension stamp or the 90 day report...oops..sorrysmile.png

You need to know exactly what is in your passport and if you think it is wrong get it checked and altered. It is up to you.

Same thing happened to me in Phuket Town.

All I heard was..."I fine you". Then he showed me a document stating that the fine was 5,000 bahts.

I opened my passport and showed him the correct page.

Perhaps sometimes he gets lucky, and some tourists may just pay...

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SPALAX, on 22 Jul 2014 - 18:21, said:

I don't understand why foreigners want to have problems that can easily avoided by complying to law and regulations.

90 days reporting has nothing to do with visas. You have to report if you have been staying in Thailand for more than 90 says in Thailand.

However if you go outside Thailand, if you should have reported and you didn't do it, you can be denied entry!

The rule is that you must keep your last receipt of reporting in your passport. (although they say that you must have all of them)

That's not what I understand. When leaving Thailand you must get a re-entry permit before departure. This allows you re-entry back into Thailand and the 90 day reporting starts from the date of re-entry. It's recorded on the database the date of departure and date of re-entry. You can't get into trouble or be denied re-entry because you missed a 90 day report when you were not in Thailand. Immigration knows you didn't report because you left.

How can you keep all your 90 day report receipts in your passport? They remove the old one and replace it with the new one.

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I was off by a few days and they just smiled pointed at the date, underlined the new date and gave me back my passport. But then again i am not going to a big immigration office.

Yes they will remind you of correct reporting date. But you have a 7 day grace period to comply with directive.

Also when they issue new reporting?date slip and staple in Passport... They do remove the old one and staple to your Paperwork you gave to them when greeted at window/desk. You should always have just one (Current Copy) stapled in your Passport, If you have more than 1 copy they (Thai) did not complete your 90 Day report. and you could still be if They (Immigration) wanted be accused of being in violation and having forged Copy on your person.

Always be sure they take expired copy!!! I had Officer Follow me to door and stop me and thanked me for reminding him at counter to take old. He said it validates your new 90 day report being attached to new forms!!!

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I have never reported late (retirement visa) but one of the immigration officers told me that it's ok to report up to 5 days early or up to 5 days late ( of the set date) without any fines.

Edited by lucifer666
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You can have someone report on your behalf the only time you have to go in person is when you have to renew your yearly application of extension. When it comes to the 90 day reporting I take both my wife's and my passport , it can take between 5 minutes to 3 hours depends on the immigration officer and how many times he is going to step out of the office for a smoke last time I did it I sat there for over two hours .

Seriously? Can I give the task of 90 day reporting for my wife? no need to go in person for 90 day reporting? biggrin.png

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You can have someone report on your behalf the only time you have to go in person is when you have to renew your yearly application of extension. When it comes to the 90 day reporting I take both my wife's and my passport , it can take between 5 minutes to 3 hours depends on the immigration officer and how many times he is going to step out of the office for a smoke last time I did it I sat there for over two hours .

Seriously? Can I give the task of 90 day reporting for my wife? no need to go in person for 90 day reporting? biggrin.png

Yes no problem what so ever, I do it all the time.

Sent from my iPad so Please excuse any typos

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I have never reported late (retirement visa) but one of the immigration officers told me that it's ok to report up to 5 days early or up to 5 days late ( of the set date) without any fines.

That's true on the 90 day, but don't think so on visa date. You can, however get your new extension up to 45 days early with no reason. That doesn't change your visa date at all. I always do mine early (visa) just incase there's some new paper they want or something I forgot. Got my new 90 day today, now they will often just wave to come to the window, Here, sign, done in 5 minutes as they do the document on computer.

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