When do I need to file a TM28? And to who?

[Furryman]

This topic has come up in some other threads but often gets entangled with discussions of 90 day reporting or the forms hotels, guesthouse etc have to fill out when an 'alien' stays with them.

I am soon hoping to be doing more motorbike trips around the country and would really like to get a grip on what the deal is with the TM28. As I understand it the TM28 is pretty much a change of address form you are required to file with immigration (or the local Police dept. if no immigration office is nearby) if you stay somewhere other than your currently recorded address for more than 24 hours.

This has been bugging me for a while, as I have lived here for about 3 and a half years and moved several times, and I like to travel around to different parts of Thailand and I obviously stay at some of those places longer than 24 hours, yet in all that time no one has ever asked me for a TM28, nor have I ever filled one out myself.

If I ride my bike down to Koh Chang and stay at a guest house there for a week, do I need to drop in at the local PD to turn in a TM28?

Say I rode up to Issan and and back and stayed only one night in some hotels and two nights in some others. would I need to file a TM 28 in every town I decided to stay a second night?

When I return to my apartment, the place I actually reside, after one of these trips, do I need to hop over to Jomtien and file another TM28 to let them know I've come home?

To be clear, I am using need in this context meaning 'In order to comply with the letter of the law'. I'm not actually talking about what happens in everyday practice. I do realize that what the law says and what the law does is not always the same thing, but I do feel better knowing what the law actually says, regardless.

[ubonjoe]

I have never done a TM28 form.

The only time you will ever need it is to do a change of address if you need to do something at immigration.

There is no way immigration will try to enforce the 24 hour rule for staying in another province.

When you stay at guest houses, hotels and etc they should do the TM30 reporting.

[chrisinth]

Without answering your question to the exact context you want (In order to comply with the letter of the law), this is what i understand:

If you are travelling and staying in guesthouses or hotels during your travels, then it is the responsibility of the guesthouse or hotel to register you. They can register guests by batch online if they are legally paying taxes and have a password for the online registration. No input required from you as a guest.

Where it gets tricky, is if you are staying at a friend's house for your stop over. In that case, complying with the letter of the law, both the house owner and yourself would have to submit a TM30 and a TM28 respectively.

When your travelling is complete and you return to your place of residence, i have no clue who you are meant to contact, but i would assume, complying to the letter of the law, have to give immigration/police either a TM30 or 28 to satisfy them.

Maybe both if you are deemed as the house master.....................

To me it makes the saying 'up-to-you' sound all the more sweeter.

Enjoy your travels and IMO, you shouldn't let things like this ruin your holidays.

[fang37]

I did live in MY condo in CNX & had a yellow book.

Now, I live in my wife's house in another town but in CNX province.

I have officially changed address & report to the local I/O every 3 months.

With the annual CNX extension visit coming, I assume that I do nothing re residence.

Comment?

[elviajero]

If you are keeping and returning to an address already notified to immigration you don't need to tell immigration anything about your trip.

The only section of the immigration act that is relevant is Section 37: 4 which involves notifying the police.

If the alien travels to any province and will stay there longer than twenty – four hours , such alien must notify the police official of the police station for that area within forty – eight hours from the time of arrival.

You should use TM28 for this.

It really isn't worth worrying about. Very few people ever comply with this. If TV report are to go by the police don't seem interested and immigration don't seem to enforce it or penalise anyone.

[dotpoom]

It's up to the owner (or manager) to report who stays in their establishment....which is why they ask for a copy of your passport. But if you are with a Thai lady her ID card is often acceptable instead ???....so, keep it simple and not be "thinking too much". the onus is not on you when holidaying, let whoever is being paid to take care of these things...take care of them.

[lungnorm]

I would not worry about the reporting etc. Seems like you travel quite a lot. Surely your bigger worry would be becoming a road casualty as Thailand has a very high road annual fatality.

Take care...................

[fang37]

Post #4

Appropriate strategy - DO NOTHING?

[BritTim]

As I understand the letter of the law, an "alien" granted temporary stay in Thailand, is obligated to report his movements to the authorities. This is distinct from the obligation of hotels/guesthouses/landlords to report the presence of "aliens" staying in their properties. This applies to tourists as well as long-term visitors. The law is ridiculous. Can you imagine every plane load of tourists making their way straight from the airport to immigration to report their presence in Bangkok, Pattaya or Phucket!

The law is an historical artifact. Many years ago, when travel was much rarer, more difficult and expensive than today, everyone (Thais or foreigners) was expected to check in with the authorities on arrival in another province. When this was abolished for Thais, it was retained for foreigners and remains on the books.

No rational official is going to try to enforce this under normal circumstances. There are two abnormal circumstances where they might. One is where an official is upset with you for some reason and just wants to make your life difficult. The other is where an official sees the opportunity to pocket "fines" from your failure to follow the law.

The law is long overdue for repeal. As a practical matter, it is one of those laws that should probably be ignored, recognizing that you become a scofflaw by doing so.

Edited August 14, 2015 by BritTim

[elviajero]

I did live in MY condo in CNX & had a yellow book.

Now, I live in my wife's house in another town but in CNX province.

I have officially changed address & report to the local I/O every 3 months.

With the annual CNX extension visit coming, I assume that I do nothing re residence.

Comment?

Post #4

Appropriate strategy - DO NOTHING?

Do nothing.

If your wife completed the TM30 as well when you did the change of address you have nothing to worry about. If she didn't there is a very, very small chance that the IO that processes your next extension will fine her 800 baht (max2k) for failing to report that you're staying in her house.

[IMA_FARANG]

When I first came to Thailand in 2010 to 'retire" here I stayed for the first two years with my Thai girlfriend in her house in Bangkok.

She was officially the owner of the residence.

She made many attempts to "notify the local police station" that I was living with her in her house.

Frankly, the local police couldn't care less.... and eventually the local police ignored her.

So we just gave up on that old law, which, at least in Bangkok, no one want's to bother to enforce.

In 2013 I moved out of that house and signed a contract foe a contract in a serviced residence apartment.

There is a woman here who handles all those matters for the residence for foreigners living here.

She takes c are of all those matters for foreigners as her job.

She has for years and she is good at it.

There is a police officer in the family that owns and runs this residence also.

Never a problem.

Edited August 14, 2015 by IMA_FARANG

[louse1953]

I have never done a TM28 form.

The only time you will ever need it is to do a change of address if you need to do something at immigration.

There is no way immigration will try to enforce the 24 hour rule for staying in another province.

When you stay at guest houses, hotels and etc they should do the TM30 reporting.

Me neither and never will.

[Colabamumbai]

As I understand the letter of the law, an "alien" granted temporary stay in Thailand, is obligated to report his movements to the authorities. This is distinct from the obligation of hotels/guesthouses/landlords to report the presence of "aliens" staying in their properties. This applies to tourists as well as long-term visitors. The law is ridiculous. Can you imagine every plane load of tourists making their way straight from the airport to immigration to report their presence in Bangkok, Pattaya or Phucket!

The law is an historical artifact. Many years ago, when travel was much rarer, more difficult and expensive than today, everyone (Thais or foreigners) was expected to check in with the authorities on arrival in another province. When this was abolished for Thais, it was retained for foreigners and remains on the books.

No rational official is going to try to enforce this under normal circumstances. There are two abnormal circumstances where they might. One is where an official is upset with you for some reason and just wants to make your life difficult. The other is where an official sees the opportunity to pocket "fines" from your failure to follow the law.

The law is long overdue for repeal. As a practical matter, it is one of those laws that should probably be ignored, recognizing that you become a scofflaw by doing so.

Many years ago when travel was cheaper and more fun than today and less expensive, pineapples 4 Baht not 30 Baht and there were few if any hotels in rural areas in Thailand, you slept in the temples.

You crossed rivers and countries, Thailand/Laos without ever taking your passport out of your crotch.

There was rarely an immigration check point that I can remember, 40 years ago. My memoirs.

[Furryman]

Thanks everyone for the replies, this seems to be one of those places where the letter of the law and the actual day to day practice are almost polar opposites.

[recom273]

I was one in a previous thread who had been fined for non compliance.

It didn't appear to be a problem until I requested a certificate of residence and wasn't an accumulated fine, the fine was calculated since I last entered the country last, I haven't moved house for five years and this wasn't taken into consideration.

Today, I acquired my five year driving licence, I won't be registering any more bikes - so therefore I won't be going near immigration for a long while.

I would side with the guys who say 'do nothing' - enjoy your trip.

Edited August 14, 2015 by recom273