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Where can i write a formal complaint about immigration officer?


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Maybe ur not a tourist ?

you said you have been to thailand a few times, then you should know that the immigration officer was right! you need to go to your registered address to file for any extension! what gives you the impression that you are someone special? either obey the rules or take a hike! you are fortunate that you did not get the address for filing a complaint. they either would have put it in the trash or called you in for an education.

remember, you are a guest! and not entitled to anything!

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I would like to point out that this unfortunate applicant was not in the wrong to think that the immigration officer was being vexatious. She certainly was. Unfortunately, she was following a recent directive being enforced across the entire country, which I discovered in June. I have been living between Chiang Mai and Bangkok for 8 years. My spouse has a home in CM while I rent in Bkk. For 8 years I have made visa applications and 90 day reports in whichever location I happened to be i.e. while in CM, I do my reports at CM immigration and while in Bkk, my 90 day reports have been sent to Chang Wattana. In so doing, I always write the local address on my forms i.e. in CM when reporting there, and local address in Bkk when reporting there. Suddenly, last June, I was called by an immigration officer from the Chang Wattana office, where I had made my most recent report, and told that I could NOT use my Bkk address on my reporting forms. When I asked why not I was told that I am NOT ALLOWED to have two locations. When informed that I actually am employed in Bkk and must report there on most occasions and that it would be inconsistent to put my CM address on forms when reporting in Bkk, I was told again that I am NOT ALLOWED to have two addresses. After explaining the situation, i.e. pointing out that in reality I have two addresses and no tabian baan, so whichever address I report should be irrelevant provided it is consistent which the last 8 years of records prove, the officer once again stated I am NOT ALLOWED to have more than one address. So much for reason.

I was then informed in CM immigration that the immigration department is strictly enforcing (their erroneous interpretation of) section 38 of book 4 of the Immigration ACT B.E. 2522 which states that

The house – master , the owner or the possessor
of the residence , or the hotel manager
where the alien , receiving permission to stay
temporary in the Kingdom has stayed , must notify the
competent official of the Immigration
Office located in the same area
with that hours , dwelling place or
hotel, within 24 hours from the time of arrival of

the alien concerned.

It is apparent that immigration officers, with little understanding of legalese (I'm referring to the original Thai legalese, not the translation) are misinterpreting this section of the Act to mean that wherever your tii pak asai (residence) may be is where you must report or apply for visas, etc. They then infer, incorrectly, from this that one may not have more than one tii pak asai (the law says nothing about this possibility which they are thus misinterpreting) though it is obvious that many do. I believe this is the source of the errant immigration officer's behavior with regard to the OP in this case. She was not unique, as I say, since I was informed by immigration officers in both CW and CM that I am NOT ALLOWED to have two residences, even though they acknowledge when checking their own record of my reports over the past 8 years that, I ACTUALLY DO HAVE two residences, and it was never a problem for them before (since the law says nothing about this situation).

This is obviously an absurd situation which will not be cleared up anytime soon as the officers in question are all terrified of taking responsibility for interpreting the law differently (accurately) from their superiors who have misinterpeted the section to mean something that it doesn't (read it for yourself to see the truth of this statement).

One more absurdity should be mentioned. When it was pointed out to the officer in CM that if every 'house- master' in the country were to report the presence of a termporary guest on EVERY occasional visit, they would be inundated with extra paperwork and that therefore, this is an unworkable interpretation of the law and that furthermore, if a house-master does not report a temporary visit, immigration would have no way to know about the visit, it was stated by the officer that EVERY HOUSE-MASTER MUST REPORT EVERY TEMPORARY GUEST/VISITOR (foreign) every time, no matter how brief the visit.

Be forewarned. You are NOT ALLOWED to have more than one residence.

I hope all absurdities in this regard are now clear.

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You can have as many residences as you want, however there is a procedure in place to report your address.

The directive you mention was that an alien should report to the office where he obtains his extension.

If you move temporarily, you can report to another office provided you follow the correct procedure, which is completion of a TM28 by the foreigner (change of address) and a TM30 by the housemaster (alien residence).

The law hasn't changed in that respect, it's just being enforced.

So for 8 years you haven't followed the procedure for address reporting and you wonder why they are enforcing the law?

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Just to clarify .. i wasnt being a pain in their ass .. they say jump, my response is how high ... wasnt aware of the notifying requirements at the time as i have always stayed in hotels or rented a house. I did not argue with the officer. I was quiet and polite and tried to give her an easy day. But every time i did what she asked for she was trying to cause more problems. First visit she said i needed an additional photocopy and bangkok address. Fair enough. I left quietly to go get those. 1 hour later i was up again and had everything she asked for. Then she tried to cause problems with the address and in the end i called my thai friend in to help. After confirming address that still wasnt good enough for the officer, and she wanted us to fill out registration forms, all these postponements .. started at 1pm after their lunch, was done about 20 minites before they close.

or rented a house

If you rent a house the landlord must register you too to the Immigration and you should be aware of it as he will report your passport number.

Actually if you rent a house you are equally responsible to submit the TM30 report. It can be done by either owner or tenant. Either owner or tenant could be fined 2k for failing to report.

Not true.. It is only the owner.

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or rented a house

If you rent a house the landlord must register you too to the Immigration and you should be aware of it as he will report your passport number.

Actually if you rent a house you are equally responsible to submit the TM30 report. It can be done by either owner or tenant. Either owner or tenant could be fined 2k for failing to report.

Not true.. It is only the owner.

Incorrect Harry! elviajero is correct.

Section 38 of the Thai Immigration Act actually reads:

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area , the local police official for that area must be notified.

My landlady lives 80kms away. When I took over my rented residence, I filed a TM28 with Immigration to notify change of address, and in my landlady's absence completed, signed and filed the TM30 as the possessor of said residence.

They only required a copy of her ID card and Tabian Baan attached to the TM30.

Failure to comply could result in any of the above mentioned responsible persons being fined at Immigrations discretion.

Edited by Faz
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To respond to post Faz in post 67

Your claim is factually false. For the past 7 years of 90 day reporting, my address has varied on forms submitted(TM47) between CM or Bkk, wherever I happen to find myself at the time of reporting. The fact that my visa extensions are ALL processed in Chang Wattana is obviously not relevant since I was explicitly informed by two immigration officers at Chang Wattana and two in Chiang Mai immigration that I was to use ONLY MY CHIANG MAI TEMPORARY ADDRESS, not my Bkk address when making 90 day reports (TM47). The point the officers are making, and that they stated no less than 20 times, is that I may have only one address on ALL applications, whether for visa renewals or 90 day reports or other extensions, etc, and that I must use only the CM address as it was the last one made from which they, arbitrarily, decided to start noticing in June,2015.

It is true that the law they refer to, section 38 of book 4 of the immigration act, states in paragraph 2 that

In case the house , dwelling place , or hotel where the alien has stayed under provision of Para.1 is located within the Bangkok area , such notification must be reported to the competent official at the Immigration Division

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To continue

According to this paragraph 2 of section 38, my reports and applications should use my Bkk address as that is where my visa renewals are issued. Besides this, I am not applying for a change of address as my point was to state clearly that I have 2 addresses: one in Bkk and one in CM. This is what the immigration officers in both locations stated explicitly is NOT ALLOWED. This has nothing to do with applying for a change of address (TM30) since neither of my two addresses has changed in the past 8 years.

The point is, the quoted section of the Act says nothing about a temporary resident having more than one residence but for some reason, immigration is now stating that this is in fact the case.

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luteplayer, I think you are misinterpreting what you were told. They are not saying you cannot have two residences, but you cannot file an address at one Immigration office and then do 90 day reports at another.

As I said previously there is a procedure to follow.

If you did your extension at CM, then that is your registered address unless you advise differently.

The correct procedure you should be following is when taking up residence in BKK you file a TM28 and TM30 at CW, that will then enable you to do 90 day reports at CW because you registered a new address in BKK with them.

However when taking up residence again in CM you file another TM28 and TM30 at CM, that will then enable you to do 90 day reports at CM because you registered a new address at CM with them.

Repeat the process as you move between the two places of residence.

Understandably that is a pain in the butt, but Immigration are not responsible for your lifestyle and living locations.

Personally, if it were me and I did the extensions at CM, I'd just continue to do 90 day reports via mail to that office.

The receipt would be returned to your wife in CM. Is that a problem for you?

Moving between BKK and CM is a change of address, a point you don't seem to be grasping.

Edited by Faz
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...It is apparent that immigration officers, with little understanding of legalese (I'm referring to the original Thai legalese, not the translation) are misinterpreting this section of the Act to mean that wherever your tii pak asai (residence) may be is where you must report or apply for visas, etc. They then infer, incorrectly, from this that one may not have more than one tii pak asai (the law says nothing about this possibility which they are thus misinterpreting) though it is obvious that many do...

There is indeed some misunderstanding here. When you own or rent two residences, you can only reside (have residence; live) in one of them at any given moment. It is the immigration office for the area where you are registered with immigration as residing where you must submit your notification of staying in Thailand longer than 90 days.

The fact that the Bangkok immigration office apparently did not enforce this territorial prerogative in the past does not make it wrong for them to enforce it now.

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Actually if you rent a house you are equally responsible to submit the TM30 report. It can be done by either owner or tenant. Either owner or tenant could be fined 2k for failing to report.

Strictly speaking, going by the letter of the law, it is the person defined as the "House Master" in section 4 of the Immigration Act who must submit the form TM.30.

“ House Master ” means any persons who is the chief possessor of a house , whether in the capacity of
owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.

If the owner himself lives in his property, the owner must submit the form. If the owner rents out the property, the tenant must submit it. It appears, however, that most, if not all, immigration offices are flexible and in the case of a rented dwelling accept the form from either the owner or the tenant.

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Someone feel free to correct me if I'm wrong but after researching 9 million posts on Thai Visa I've only come up with one reference (TM 30) to a man's wife being fined for not reporting him staying in her home in Thailand. 1 out of 9,000,000 does not seem like a thing I would worry too much about.biggrin.png But keep trying. I'm sure if you fellows keep reporting it as a requirement that sooner of later someone at immigration will read about it and actually start enforcing it.

Edited by lostoday
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Actually if you rent a house you are equally responsible to submit the TM30 report. It can be done by either owner or tenant. Either owner or tenant could be fined 2k for failing to report.

Strictly speaking, going by the letter of the law, it is the person defined as the "House Master" in section 4 of the Immigration Act who must submit the form TM.30.

“ House Master ” means any persons who is the chief possessor of a house , whether in the capacity of

owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.

If the owner himself lives in his property, the owner must submit the form. If the owner rents out the property, the tenant must submit it. It appears, however, that most, if not all, immigration offices are flexible and in the case of a rented dwelling accept the form from either the owner or the tenant.

I'm not sure Maestro, it depends on how accurate the translation of section 38 is and how it's interpreted. It has never made sense to me that one person isn't responsible. It should be the house-master!

Section 4 defines "House-Master" as the chief possessor of the house.

Section 38 gives house-master as one of three entities that can notify an aliens stay.

So my interpretation of section 38 is; The chief possessor, (or ) the owner or the possessor of the residence, ...... must notify

If Section 38 just said The house-master ..... must notify then I would agree that it's the sole responsibility of the chief possessor as defined in section 4.

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All formal complaints about anything concerning thailand are rightfully posted here...in an appropriate forum.

Be sure to include 3 suggestions on how we can correct these deficiencies as well. Take a number and sit quietly, on the wooden benches...as far from the fan as possible. Right now...we are closed for a 4 day weekend.

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All formal complaints about anything concerning thailand are rightfully posted here...in an appropriate forum.

Be sure to include 3 suggestions on how we can correct these deficiencies as well. Take a number and sit quietly, on the wooden benches...as far from the fan as possible. Right now...we are closed for a 4 day weekend.

Stop trying to start rumors about a requirement that is never enforced by government agencies that in the majority know nothing about it from an office that has never seen the form (TM 30) and will give you that deer in the headlights clueless look if asked about it. Name one immigration office that has copies of the TM-30 for distribution. wai2.gif

You can correct this problem by not trying to start rumors about hearsay. rolleyes.gif

What, do you people want to make life more difficult for expats?

If all of a sudden hundreds of people show up with a form obtained from Thai Visa ,what do you think immigration will do? Then are we supposed to clap -great guys - you have started another useless paperwork requirement for me to fill out.

PS yes I understand Phuket uses there own forms but one or two offices are an aberration and not a rule.

Edited by lostoday
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All formal complaints about anything concerning thailand are rightfully posted here...in an appropriate forum.

Be sure to include 3 suggestions on how we can correct these deficiencies as well. Take a number and sit quietly, on the wooden benches...as far from the fan as possible. Right now...we are closed for a 4 day weekend.

Stop trying to start rumors about a requirement that is never enforced by government agencies that in the majority know nothing about it from an office that has never seen the form (TM 30) and will give you that deer in the headlights clueless look if asked about it. Name one immigration office that has copies of the TM-30 for distribution. wai2.gif

You can correct this problem by not trying to start rumors about hearsay. rolleyes.gif

What, do you people want to make life more difficult for expats?

If all of a sudden hundreds of people show up with a form obtained from Thai Visa ,what do you think immigration will do? Then are we supposed to clap -great guys - you have started another useless paperwork requirement for me to fill out.

PS yes I understand Phuket uses there own forms but one or two offices are an aberration and not a rule.

Your time would have been better spent reading the Thai Immigration Act, rather than 9 million posts on TV.

Edited by Faz
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All formal complaints about anything concerning thailand are rightfully posted here...in an appropriate forum.

Be sure to include 3 suggestions on how we can correct these deficiencies as well. Take a number and sit quietly, on the wooden benches...as far from the fan as possible. Right now...we are closed for a 4 day weekend.

Stop trying to start rumors about a requirement that is never enforced by government agencies that in the majority know nothing about it from an office that has never seen the form (TM 30) and will give you that deer in the headlights clueless look if asked about it. Name one immigration office that has copies of the TM-30 for distribution. wai2.gif

You can correct this problem by not trying to start rumors about hearsay. rolleyes.gif

What, do you people want to make life more difficult for expats?

If all of a sudden hundreds of people show up with a form obtained from Thai Visa ,what do you think immigration will do? Then are we supposed to clap -great guys - you have started another useless paperwork requirement for me to fill out.

PS yes I understand Phuket uses there own forms but one or two offices are an aberration and not a rule.

Your time would have been better spent reading the Thai Immigration Act, rather than 9 million posts on TV.

I would suggest unless you work for the Thai immigration dept and are trying to create thousands of new jobs and paperwork and storage facilities, your time would be better spent reading Thai Visa and figuring out how to help expats get less paperwork rather than acting like a bureaucratic Thai Immigration officer and trying to create more.

Edited by lostoday
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Your time would have been better spent reading the Thai Immigration Act, rather than 9 million posts on TV.

I would suggest unless you work for the Thai immigration dept and are trying to create thousands of new jobs and paperwork and storage facilities, your time would be better spent reading Thai Visa and figuring out how to help expats get less paperwork rather than acting like a bureaucratic Thai Immigration officer and trying to create more.

Sorry I didn't realise the object of this exercise was to save paperwork.

Silly me, I thought it was to save expats facing possible fines.

Let's see, paper forms or paper money.................erm!

Hey! Maybe you could go to CW with the OP and explain to the Immigration officer he was only trying to save her paperwork.

It's pretty inconsiderate of Immigration to list so many forms for download on their website when there not required.

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Re post 72 and 73 and the issue of the meaning of 'residing' according to section 38

Both of these posts are repeating the misinterpretation of the section that the immigration officers are insisting on.

With respect to Maestro's post, in fact, for the past 8 years of reporting and visa renewals, I have never been registered as having an official residence either in my abode in CM or in Bkk. In fact, when I asked the immigration officer to search their database for such record, they could not locate one. In other words, their error in insisting I must report in CM only was not based on having an official residence there. Again, assuming I must submit a change of residence any time I wish to make a 90 day report to either location, neither of which is officially my residence for immigration purposes, is obviously ludicrous. If I work 5 days a week in Bkk and do not have time to go to CM on the day I need to report, then of course I must report at Chang Wattana and use my Bkk address, which I have done for 8 years and which no section in the act specifies is not allowed. If then I happen to spend a few weeks in CM which coincides with a 90 day report, then I obviously will not hop on a plane just to come down to Chang Wattana to report. I'll do it in CM and use that address which is ALSO my residence.

Now this dual location reporting, with two addresses, has been the norm and not objectionable for 8 years. As stated, I am not registered in either location and neither Bkk nor CM immigration has ever made an issue of it since I do not 'change address' every time I travel to CM for a few days, weeks or months, nor when I spend several months in Bkk. They are both my residences and this is fact, though neither is registered with immigration. This is not mentioned in the ACT and so should not be an issue. It is only since March or April of this year that immigration is making it an issue.

In response to Faz in post 72, as I was never registered with immigration in any city in Thailand, and visa renewals are processed in Chang Wattana, without comment, then according to your logic, the official at Chang Wattana should have insisted I report there only. This is what I tried to do by mail while still in Bkk. That is when she called me on the phone and said I was not allowed to do so because I have made a 90 day report in CM in the past few months, even though she was staring at my record of visa renewals and 90 day reports in Chang Wattana as she spoke to me . Remember, I am NOT registered in any location. I was simply informed in clear simple Thai, which I have been speaking fluently for 10 years, that I cannot have two residences (pen pai mai dai). And I am stating in accurate English translation exactly what I was told by the immigration officers in both locations: I cannot have two residences (tii pak asai). It was not an issue of being registered in one but reporting in the other. The fact that I am not registered on their system in either location is proof that they have no empirical case to claim I have a registered residence, which they never did since their records of my reports clearly show this pattern of alternation back and forth. This is not an exercise of 'prerogative' but fabricating a requirement that does not exist in section 38 of the ACT to which they referred me.

Moreover, obviously it is entirely possible to reside in two places at the same time. If I spend 3 days a week in CM and the other 4 in Bkk, and repeat this pattern frequently, this is not a change of residence. It is simply travelling between the two which are permanent and unchanging domiciles -not new residences- I have lived in, resided in, and made reports from for 8 years. Since I am not registered in either location, that obviously is moot. It is absurd to insist that one make a change of address application each time they wish to report from one or the other of their two permanent residences.

I see that I have not mastered the ability to abide by fabricated rationalizations a la Thai quite as adeptly as some.

There is nothing in the ACT which states one cannot have, or reside in two residences at the same time. Period. This however, is what is being claimed by the immigration officials and the two posters. This is what I am calling a misinterpretation of the section of the Immigration Act.

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@ luteplayer1981

You keep referring to section 38 which has little bearing on your registered address or obligations under the act. Try reading section 37!

You have been granted a temporary stay in Thailand and they want to know where you are staying. You can have as many residences as you want and move between them as often as you want but immigration want you to nominate one as your registered address. You do this every time you complete an extension. If you want to change this nominated address you can, anytime, by completing the change of address procedure (TM28 / TM30). All covered by section 37: 2.

If you stay at a different address to that nominated then you are supposed to inform immigration of that address if your stay is more than 24 hours. Sections 37: 3 & 4.

When you do an extension it must be done in the office covering the area of the address on the application. You should then report every 90 days to that office. If you want to report to another office you can if you first report a change of address to an address within the other offices area. Some offices have been known to accept reports from out of area but thats not standard practice. I doubt you've ever completed an extension in Bkk using a CM address or vice versa!

"I have never been registered as having an official residence either in my abode in CM or in Bkk"
Yes you have. Every time you complete an application with immigration.

"There is nothing in the ACT which states one cannot have, or reside in two residences at the same time. Period"
Not relevant. Live wherever you want. But the act does state that you "shall stay at the place indicated to the competent official". So if you have completed an extension with a CM address that becomes your registered address and they will assume you are staying there unless you inform otherwise, which you're obliged to do. So yes you can have multiple residences but immigration are only interested in the registered address or temporary addresses if staying more than 24 hours.
Section 37: 2. Shall stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence , within 24 hours from the time of removing to said place.

"It is absurd to insist that one make a change of address application each time they wish to report from one or the other of their two permanent residences."
​Why. You're an alien with temporary stay. They want and have the right to know where you are.

You seem to be over complicating the situation. Follow Faz's advice. Extend at the most convenient office and report there in person, by mail or online every 90 days. Don't tell them about the other address unless you decide you want it to be your registered address in which case complete the COA procedure. And keep not doing what you are already not doing and everything will be fine.

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Your time would have been better spent reading the Thai Immigration Act, rather than 9 million posts on TV.

I would suggest unless you work for the Thai immigration dept and are trying to create thousands of new jobs and paperwork and storage facilities, your time would be better spent reading Thai Visa and figuring out how to help expats get less paperwork rather than acting like a bureaucratic Thai Immigration officer and trying to create more.

Sorry I didn't realise the object of this exercise was to save paperwork.

Silly me, I thought it was to save expats facing possible fines.

Let's see, paper forms or paper money.................erm!

Hey! Maybe you could go to CW with the OP and explain to the Immigration officer he was only trying to save her paperwork.

It's pretty inconsiderate of Immigration to list so many forms for download on their website when there not required.

So, you know someone who has been fined for not filing a TM 30 form? Besides the one out of 9,000,000?

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Someone feel free to correct me if I'm wrong but after researching 9 million posts on Thai Visa I've only come up with one reference (TM 30) to a man's wife being fined for not reporting him staying in her home in Thailand. 1 out of 9,000,000 does not seem like a thing I would worry too much about.biggrin.png But keep trying. I'm sure if you fellows keep reporting it as a requirement that sooner of later someone at immigration will read about it and actually start enforcing it.

Just out of curiosity, you allege you have researched 9,000,000 posts, now can you tell me, have you added too many zeros or are you telling us that say, over 10 years you researched (read) 3.42 posts every minute for 12 hours a day. I've been generous and allowed 8 hours for sleeping but a straight 12 hours of research, nothing else If you suggest, say 5 years, them just double the above. Either you are being fanciful or you are looking to have this included in "Ripley's Believe It Or Not." Both I would say are quite applicable. Also, are you saying that the number you researched relates only to this topic or to all topics? thumbsup.gif

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  • 2 years later...

This topic should be re-opened and the media, such as "the Nation" should start investigating Immigration procedures and lack of communication to the foreign community... Right now, at the borders and local offices... All Foreigners are now being treated as criminals... They are ALL guilty of some law breaking matter and Fines are being uttered 1st without any investigation, without inquiry, and no listening is being heard about each case.  Immigration has now become a "Scamming Government Institution".  Fines are being levied unconventionally and with legal prejudice.  As a foreigner,  you are not allowed to say anything, as when you enter the office, it is now a prison.  Now Immigration offices have detention centers with their local offices.  Immigration Officers are not friendly or accommodating.  They make statements that will provoke angry responses.  Then their god complex allows them to show bigotry and racial bias... The motto, to have respect, must earn respect does not apply to their position.

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Immigration Officers are not friendly or accommodating.......Well The Superintendent at Mukdahan was MORE Than friendly to me,She transferred all my stamps from my old passport to my new one which She Didn't Have to do as she'd already told me I was in the WRONG Part of Immigration Office,However She Did it all & With a Smile on her face without ever asking for ANY Tea Money...

 

And BTW, She is a Gorgeous Looking Lady......

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10 minutes ago, persimmon said:

It was stated in a previous post that hotels and g/houses must report the arrival of every foreigner within 24 hrs.Is this really happening ? I don`t think so ,particularly as it doesn`t seem possible to do it on-line

They are certainly supposed to by the letter of the law and most of the bigger hotels will be, whether or not the smaller hotels / guesthouses are is debatable, some will be, some won't, you as a guest would have no clue if they had or hadn't, well at least until you had to deal with immigration for an extension (example) at an office that insists on reporting!

Businesses can register to report online, individuals cannot.

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