Confirmation of 90-day Reporting Rules

[thailen]

My GF has an extended stay(one year, expiring November 6th) student visa who must report every 90 days. She returned to Thailand on January 6th and her 90 days ends on April 4th. Given that foreigners have a 7 day grace period, she could fail to report, since she will leave Thailand on April 9th, 5 days after the reporting deadline. Am I correct? She has a multii-entry permit, by the way.

[ubonjoe]

The 7 days after the report date only applies for doing the the report. Leaving the country is not the same as a report. She will need to do the report before she leaves the country.

[sunnyjim5]

She should make the report

[thailen]

That's what I thought, too, so I went to Immigration this afternoon and repeated what I wrote above, word for word. The officer assured me that she won't have to report if she leaves before the 7-day period is over, which in her case, is 5 days.

[Eclipse]

She needs to report no matter what he said.

[sunnyjim5]

That's what I thought, too, so I went to Immigration this afternoon and repeated what I wrote above, word for word. The officer assured me that she won't have to report if she leaves before the 7-day period is over, which in her case, is 5 days.

She will be liable for a 2000Bht fine if the missed 90 day report is noticed the next time she makes a report.

[lostinisaan]

That's what I thought, too, so I went to Immigration this afternoon and repeated what I wrote above, word for word. The officer assured me that she won't have to report if she leaves before the 7-day period is over, which in her case, is 5 days.

You better listen to Joe. I had to pay 2,000 baht once, because the King's birthday was between and a very unsatisfied Immigration officer in Phiboon made me pay.

Even when the others first told me a warning would be given. She was well known, but I think she's now working somewhere else, because there're too many complaints.

I've heard that an office wanted 3 K, another one 4 K.

[sunnyjim5]

That's what I thought, too, so I went to Immigration this afternoon and repeated what I wrote above, word for word. The officer assured me that she won't have to report if she leaves before the 7-day period is over, which in her case, is 5 days.

You better listen to Joe. I had to pay 2,000 baht once, because the King's birthday was between and a very unsatisfied Immigration officer in Phiboon made me pay.

Even when the others first told me a warning would be given. She was well known, but I think she's now working somewhere else, because there're too many complaints.

I've heard that an office wanted 3 K, another one 4 K.

The maximum permitted fine for late 90 day report is 5000 Bht.(Rarely imposed but could be )

[andre47]

They only check from your last entry 90 days. If you leave the country and come back nobody will check if you had previously reported. The time before your last entry will never be checked. They also don't check when you are leaving the country. Maybe it is not according the rules, but it is the common practice and my experience.

[chickenslegs]

Why would she even consider failing to report. The 90 day report is not arduous.

Alternatively, she could take the risk of being delayed at the airport while she has to report to the immigration desk and pay a fine.

AFAIK - the 7 days grace period is for people who intend to complete their 90-day report, not for people who intend to avoid doing it.

[sunnyjim5]

Why would she even consider failing to report. The 90 day report is not arduous.

Alternatively, she could take the risk of being delayed at the airport while she has to report to the immigration desk and pay a fine.

AFAIK - the 7 days grace period is for people who intend to complete their 90-day report, not for people who intend to avoid doing it.

A 90 day report is never and cannot be done at an airport. Neither are fines for non compliance of the 90 day reporting requirement levied at an airport

[DogNo1]

Right. The fine would come when she does her NEXT 90 report and the officer notices that she missed her previous one. Reports can easily be done by mail, so why not just do it? Or would you prefer to gamble that the missed report would not be noticed?

[elviajero]

That's what I thought, too, so I went to Immigration this afternoon and repeated what I wrote above, word for word. The officer assured me that she won't have to report if she leaves before the 7-day period is over, which in her case, is 5 days.

I agree with the Immigration Officer. The rules say that we have within 7 days to report without penalty, and as leaving the country stops the clock her report will forever only be 5 days late. As you cant be fined for reporting 5 days late no fine will ever be due.

I do not recall seeing a report form anyone that left the country within 7 days without reporting that was fined at a future report. I'm not saying it hasn't happened, but IMO I don't see how immigration can, under the rules, fine someone.

That said, I would report and then the remote possibility of a retrospective fine goes away.

[sunnyjim5]

That's what I thought, too, so I went to Immigration this afternoon and repeated what I wrote above, word for word. The officer assured me that she won't have to report if she leaves before the 7-day period is over, which in her case, is 5 days.

I agree with the Immigration Officer. The rules say that we have within 7 days to report without penalty, and as leaving the country stops the clock her report will forever only be 5 days late. As you cant be fined for reporting 5 days late no fine will ever be due.

I do not recall seeing a report form anyone that left the country within 7 days without reporting that was fined at a future report. I'm not saying it hasn't happened, but IMO I don't see how immigration can, under the rules, fine someone.

That said, I would report and then the remote possibility of a retrospective fine goes away.

An interesting perspective. I have been under the impression the the 7 days were only for reporting and not an effective "extension" of the actual report date.

As it stands, if this lady fails to report, her record will show a failure to comply with the reporting requirements which provide a broad window during which a report can/should be made.

[partington]

This is not the case. The need to do a 90 day report is triggered by staying 90 days. If you have stayed 90 days you MUST do a report. The fact that they kindly give you 7 days in which to do it does not mean that the need to do it goes away if you leave the country.

Moreover leaving the country does not "stop any clock". If you leave five days after you have incurred the need to do the report and you haven't done it, it simply means that the time that you have been given to do it in runs out when you are abroad and you have still committed the offense of not doing it.

If a bill becomes due and you are given a week to pay it, leaving the country after five days doesn't mean you don't have to pay it, it means you have avoided paying it when you should have done and the same is true of not doing the 90 day report.

[cliffspab]

Just do it online, it takes about 10 minutes.

[thailen]

First, let me thank all of you who have tried to help me deal with this problem. Worst case scenario: the Immigration Officer is wrong and my GF will have to pay a 2,000 baht fine(see below). Since she already must pay 1,900 baht each time she reports, our net cost is 100 baht. I went to the Thai Immigration Department website and posed the same question. I'm not sure they got the form, but if they did I'll copy and send it to you here. In the meantime, I'm pasting their rules. I'm not a judge, but from what it seems to say, she does NOT have to report if she leaves the country less than 7 days after the 90-day deadline. But you decide:

Notification of staying in the Kingdom over 90 days Procedure and notification

1. The foreigner makes the notification in person, or
2. The foreigner authorises another person to make the notification, or
3. The foreigner makes the notification by registered mail.
4. The notification must be made within 15 days before or after 7 days the period of 90 days expires.
5. The first application for extension of stay by the foreigner is equivalent to the notification of staying in the Kingdom over 90 days.

• the notification of staying in the Kingdom over 90 days is in no way equivalent to a visa extension.
• If a foreigner staying in the kingdom over 90 days without notifying the Immigration Bureau or notifying the Immigration Bureau later than the set period, a fine of 2,000.- Baht will be collected. If a foreigner who did not make the notification of staying over 90 days is arrested, he will be fined 4,000.- Baht.
• If a foreigner leaves the country and re-enters, the day count starts at 1 in every case.

[ubonjoe]

There is no 1900 baht fee for 90 day reporting or a fee of any amount. She might be paying for extensions of stay every 90 days.

[thailen]

I'll ask her. She DOES have an extension of stay visa, good until November 6th, so I'll get it sorted out.

[sunnyjim5]

I'll ask her. She DOES have an extension of stay visa, good until November 6th, so I'll get it sorted out.

She may have an extension of stay but it is not a "visa"

As said extensions of stay cost 1900Bht and 90 day reports are free !