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New 90 day reporting "law".


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I have been living in Phuket for over 6 years on an Retirement extension to stay visa and doing my 90 day reporting there. On the 13th January, I went to the immigration office in Udon Thani for my usual 90 day reporting and it was refused. I was told that "there is a new law that as from 6th January, you can only do your 90 day reporting in the place of issue i.e. Phuket". The notice was written in Thai but my GF translated it. I then had to spend a day going to Loa for a rentry stamp which cost 2,300 THB for the visa and taxi, rather that return to Phuket.

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There has been several reports of this new rule or policy (it is not a law).

No more reporting at an immigration office when you are traveling around the country. It is a matter of going back home or doing a mail in report if allowed.

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Not sure of the policy in Phuket, but most immigration offices will accept a 90-day report by mail, provided you give them the same address you used last time, in their area. Also - make the return envelope address the same. wink.png

Edited by jpinx
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On a Tourist-Visa one can do the 90 day reporting at any immigration within Thailand. All other visa-types can only report at their "home immigration office" Nothing new, this ruling has been in effect for a long time.

Cheers.

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An other ridiculous rule for people especially retired people who enjoy traveling around facepalm.gif

Considering that the Immigration Act (ie the law) allows submission of the notification of staying in the Kingdom longer than 90 days (and gives immigration officers no discretionary authority to refuse mailed-in notifications), I see no impediment for retired foreigners travelling around Thailand. There may be reasons to question the usefulness of these notifications and there are several separate topics on this subject, and a discussion of this aspect would be off-topic here.

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Contrary to what the title of this topic suggests, there is no new "law" about the notification of staying in the Kingdom longer than 90 days.

The law, the Immigration Act, in force since B.e. 2522 (1979):

Section 37
...
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.
...
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.

The regulations

As I have no copy of the regulations issued by the Director General of the Royal Thai Police, issued under the authority of Section 37 of the Immigration Act, I do not know how they define "the competent official of the Immigration Division".

The form

The form TM.47 made available by immigration for this notification also not mention who the competent official is. The address in the form is "TO THE IMMIGRATION OFFICER" and a footnote indicates that the "ALIEN MUST NOTIFY THE IMMIGRATION OFFICE EVERY 90 DAYS"

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An other ridiculous rule for people especially retired people who enjoy traveling around facepalm.gif

Considering that the Immigration Act (ie the law) allows submission of the notification of staying in the Kingdom longer than 90 days (and gives immigration officers no discretionary authority to refuse mailed-in notifications), I see no impediment for retired foreigners travelling around Thailand. There may be reasons to question the usefulness of these notifications and there are several separate topics on this subject, and a discussion of this aspect would be off-topic here.

Ubonjoe says we either go home to report or post if that is allowed.

You rightly say they cannot refuse mailed in applications and therefore there is no impediment for travelling in Thailand

Can you still be fined if you report to an office that does not accept postal reports?

If they do not accept I would consider that an impediment.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

On a Tourist-Visa one can do the 90 day reporting at any immigration within Thailand. All other visa-types can only report at their "home immigration office" Nothing new, this ruling has been in effect for a long time.

Cheers.

How do you do 90 day reporting on a tourist visa?

Yes, why would someone with a tourist visa have to do a 90 day report. You get 60 days plus a possible 30 days and then either leave or do a border run for another entry.

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...

You rightly say they cannot refuse mailed in applications and therefore there is no impediment for travelling in Thailand

Can you still be fined if you report to an office that does not accept postal reports?

If they do not accept I would consider that an impediment.

Your postal receipt for the registered letter to the immigration office is your proof of having made the notification in compliance with the law.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

On a Tourist-Visa one can do the 90 day reporting at any immigration within Thailand. All other visa-types can only report at their "home immigration office" Nothing new, this ruling has been in effect for a long time.

Cheers.

How do you do 90 day reporting on a tourist visa?

You submit the notification to the immigration office of the area where you are staying on the day of your notification. The hotel or other place where you slept he night before or will be sleeping on the night of your notification, as the case may be, will be the address you put on the form.

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...

You rightly say they cannot refuse mailed in applications and therefore there is no impediment for travelling in Thailand

Can you still be fined if you report to an office that does not accept postal reports?

If they do not accept I would consider that an impediment.

Your postal receipt for the registered letter to the immigration office is your proof of having made the notification in compliance with the law.

so you are required to report the address that you are not currently at. brilliant. sounds like thainess jing jing.

Edited by rabid old goat
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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

On a Tourist-Visa one can do the 90 day reporting at any immigration within Thailand. All other visa-types can only report at their "home immigration office" Nothing new, this ruling has been in effect for a long time.

Cheers.

How do you do 90 day reporting on a tourist visa?

You submit the notification to the immigration office of the area where you are staying on the day of your notification. The hotel or other place where you slept he night before or will be sleeping on the night of your notification, as the case may be, will be the address you put on the form.

I believe you missed the part where he indicates a 'tourist' visa. There are no circumstances where you will have to submit a 90 day report as the most time you can get is 60 days +30 day extension. The only case would be if one does a tourist to non-o in country conversion in order to get a 1-year extension.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

On a Tourist-Visa one can do the 90 day reporting at any immigration within Thailand. All other visa-types can only report at their "home immigration office" Nothing new, this ruling has been in effect for a long time.

Cheers.

How do you do 90 day reporting on a tourist visa?

Yes, why would someone with a tourist visa have to do a 90 day report. You get 60 days plus a possible 30 days and then either leave or do a border run for another entry.

they've snuck something past us see this post http://www.thaivisa.com/forum/topic/795611-no-visa-stamp-what-to-do/

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Contrary to what the title of this topic suggests, there is no new "law" about the notification of staying in the Kingdom longer than 90 days.

The law, the Immigration Act, in force since B.e. 2522 (1979):

Section 37

...

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.

...

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.

The regulations

As I have no copy of the regulations issued by the Director General of the Royal Thai Police, issued under the authority of Section 37 of the Immigration Act, I do not know how they define "the competent official of the Immigration Division".

The form

The form TM.47 made available by immigration for this notification also not mention who the competent official is. The address in the form is "TO THE IMMIGRATION OFFICER" and a footnote indicates that the "ALIEN MUST NOTIFY THE IMMIGRATION OFFICE EVERY 90 DAYS"

@ maestro, They put this on me at Korat Immigration on 16/1/15, told me I must go to the Immigration where the extension was issued which is Rayong. I notified a change of address when I moved to Korat and I have done one previous 90 day report at Korat but this time they just told me its a new rule.

Can someone at thaivisa contact Immigration about this and get it clarified?

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@ maestro, They put this on me at Korat Immigration on 16/1/15, told me I must go to the Immigration where the extension was issued which is Rayong. I notified a change of address when I moved to Korat and I have done one previous 90 day report at Korat but this time they just told me its a new rule.

Can someone at thaivisa contact Immigration about this and get it clarified?

There are other reports of an immigration office saying the same thing.

It seems some immigration offices are misreading the new requirements and/or enforcing it incorrectly..

I suggest you call the 1178 or 1111 help lines to try and get the problem sorted out.

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@ maestro, They put this on me at Korat Immigration on 16/1/15, told me I must go to the Immigration where the extension was issued which is Rayong. I notified a change of address when I moved to Korat and I have done one previous 90 day report at Korat but this time they just told me its a new rule.

Can someone at thaivisa contact Immigration about this and get it clarified?

There are other reports of an immigration office saying the same thing.

It seems some immigration offices are misreading the new requirements and/or enforcing it incorrectly..

I suggest you call the 1178 or 1111 help lines to try and get the problem sorted out.

My question was directed to maestro (admin). If TV could get something official it would be much better than me coming back and saying, "They said this & I said that"

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@ maestro, They put this on me at Korat Immigration on 16/1/15, told me I must go to the Immigration where the extension was issued which is Rayong. I notified a change of address when I moved to Korat and I have done one previous 90 day report at Korat but this time they just told me its a new rule.

Can someone at thaivisa contact Immigration about this and get it clarified?

There are other reports of an immigration office saying the same thing.

It seems some immigration offices are misreading the new requirements and/or enforcing it incorrectly..

I suggest you call the 1178 or 1111 help lines to try and get the problem sorted out.

My question was directed to maestro (admin). If TV could get something official it would be much better than me coming back and saying, "They said this & I said that"

We have been trying to get info from immigration on other things but have had no luck. Immigration is like a rudderless ship now.

I suggested calling to try and resolve your problem not to just get info. You calling and stating you are having a problem will get faster results.

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I just report by mail every month (by EMS). I have a bunch of reports pre-made with return envelopes with postage, and just mail one in every 90 days. I don't particularly like going into immigration and the mail method makes it simple. You can mail it from anywhere, and the slip will come back to your home (in the return envelope).

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@ maestro, They put this on me at Korat Immigration on 16/1/15, told me I must go to the Immigration where the extension was issued which is Rayong. I notified a change of address when I moved to Korat and I have done one previous 90 day report at Korat but this time they just told me its a new rule.

Can someone at thaivisa contact Immigration about this and get it clarified?

There are other reports of an immigration office saying the same thing.

It seems some immigration offices are misreading the new requirements and/or enforcing it incorrectly..

I suggest you call the 1178 or 1111 help lines to try and get the problem sorted out.

My question was directed to maestro (admin). If TV could get something official it would be much better than me coming back and saying, "They said this & I said that"

Thaivisa does not offer this service. You should ask to speak to a superior officer at your immigration office and if he also will not accept your notification of staying in the Kingdom longer than 90 days, call the helpline 1178 or 1111. Only you, the affected party, can do this, not any member of Thaivisa, regardless of membership category. It the helpline also cannot resolve the problem, write a complaint to the Immigration Commissioner or file a complaint with the local police station against the immigration officer.

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@ maestro, They put this on me at Korat Immigration on 16/1/15, told me I must go to the Immigration where the extension was issued which is Rayong. I notified a change of address when I moved to Korat and I have done one previous 90 day report at Korat but this time they just told me its a new rule.

Can someone at thaivisa contact Immigration about this and get it clarified?

There are other reports of an immigration office saying the same thing.

It seems some immigration offices are misreading the new requirements and/or enforcing it incorrectly..

I suggest you call the 1178 or 1111 help lines to try and get the problem sorted out.

My question was directed to maestro (admin). If TV could get something official it would be much better than me coming back and saying, "They said this & I said that"

Thaivisa does not offer this service. You should ask to speak to a superior officer at your immigration office and if he also will not accept your notification of staying in the Kingdom longer than 90 days, call the helpline 1178 or 1111. Only you, the affected party, can do this, not any member of Thaivisa, regardless of membership category. It the helpline also cannot resolve the problem, write a complaint to the Immigration Commissioner or file a complaint with the local police station against the immigration officer.

Has anyone actually done that and reported the result. I doubt it. As you now live in Korat and will have to work with this office I would stick to the helpline.

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