Reporting address within 24 hours of arrival

[rbmcn]

I own a house in Chiang Mai. I hold a retirement visa (OA visa). I've been exiting and entering Thailand often for four years and  learned only today that each time I arrive back in Chiang Mai that I must "report" in to the local immigration chaps at the old immigration office near the airport. This is additional to the usual immigration process at Swampy. I had presumed that the particulars provided on the immigration chit filled out upon arrival at the entry point would suffice for a local address but apparently not.   I attach the relevant immigration law as displayed on the officer's screen.  Has anyone run  into this problem?  I was refused an extension to my OA visa because I hadn't reported in recently from a trip abroad.  

[elviajero]

• The law isn't new, but Immigration are enforcing it more and more across the country.
• The address you give on the TM.6 arrival card is telling Immigration where you are going to be staying but the TM.30 is a report made by the owner (in this case you) confirming that you are staying at an address. 

If your 'O-A' visa hasn't yet expired you could do a border hop for another 1 year permit to stay.

[ubonjoe]

In reality there is no requirement to do it every time you enter the country. It is just a misreading of the immigration act.

Within 24 hours of arrival means at the residence being reported.

They may of not accepted your application  but will after your get the owner to complete the TM30 form and you submit it at immigration. They will give you the receipt portion of the form that you can show when you submit your application again.

[elviajero]

  On 9/19/2016 at 10:52 AM, ubonjoe said:

In reality there is no requirement to do it every time you enter the country. It is just a misreading of the immigration act.

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I agree if entering with a re-entry permit, but if it's a visa entry (new entry) then it is supposed to be done every time.

[ubonjoe]

  On 9/19/2016 at 11:04 AM, elviajero said:

I agree if entering with a re-entry permit, but if it's a visa entry (new entry) then it is supposed to be done every time.

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The part in the immigration act that says " permission to stay temporarily" is to clarify it is not needed for a person with permanent residence.

[Strange]

I keep seeing this pop up. What all this about I've not heard about it. Im on a Non-O and just got back from ChongChom on a border run. Never heard about this. Never asked me for anything. 

 

Is it only retirement people? 

[elviajero]

  On 9/19/2016 at 11:12 AM, ubonjoe said:

The part in the immigration act that says " permission to stay temporarily" is to clarify it is not needed for a person with permanent residence.

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I agree. But the 'permission to stay temporarily' ends when you leave unless you have a re-entry permit. All new entries effectively start the requirement all over again. If entering with a re-entry permit it's considered the continuation of an existing permission so section 38 shouldn't apply if returning to the same address.

 

The difference is explained in section 39.

  Quote

 

Section 39 : After having received permission for temporary entry into the Kingdom , if the alien leaves the Kingdom it is considered that his temporary entry permit has expired. But , if prior to leaving the alien is granted permission to return by the competent official , and the alien returning is not excluded from entry under Section 12.and the period of time previously authorized has not expired , the alien shall be authorized to stay in the Kingdom for the rest of the authorized time.

In asking permission for re – entry , the alien must submit an application in accordance with the form and pay a fee in accordance with the rate and regulations as prescribed in the Ministerial Regulations 

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[elviajero]

  On 9/19/2016 at 11:23 AM, Strange said:

I keep seeing this pop up. What all this about I've not heard about it. Im on a Non-O and just got back from ChongChom on a border run. Never heard about this. Never asked me for anything. 

 

Is it only retirement people? 

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It's the responsibility of the Owner, House-master or Possessor (could be you) to report. You won't be asked for anything unless you visit an immigration office and even then it will depend on the policy at that office. Some offices will insist that it's the owner.

 

They will usually want to fine the Owner or House-Master even if you qualify as the Possessor. The fine is typically 800 baht, but can be as much as 2,000 baht. There are no consequences to not reporting beyond the fine.

[ubonjoe]

  On 9/19/2016 at 11:32 AM, elviajero said:

I agree. But the 'permission to stay temporarily' ends when you leave unless you have a re-entry permit. All new entries effectively start the requirement all over again. If entering with a re-entry permit it's considered the continuation of an existing permission so section 38 shouldn't apply if returning to the same address.

 

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That is totally  irrelevant  in the context of how it is used in section 38.

Section 39 has nothing to do with 38. That is only for the requirement of a re-entry permit.

[Strange]

Been here for years never heard of this. Can anyone please provide links for me to read up on? I believe you guys I'm just surprised I never heard of it. 

 

[ubonjoe]

  On 9/19/2016 at 11:53 AM, Strange said:

Been here for years never heard of this. Can anyone please provide links for me to read up on? I believe you guys I'm just surprised I never heard of it. 

 

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It is in the immigration act of 1979. Immigration Act 2522 en - immigration.pdf

[elviajero]

  On 9/19/2016 at 11:49 AM, ubonjoe said:

That is totally  irrelevant  in context of how it is used in section 38.

Section 39 has nothing to do with 38. That is only for the requirement of a re-entry permit.

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It is relevant to when a given permit to stay ends. Section 39 explains that permission to stay continues with a re-entry permit. Therefore, if the temporary permission to stay continues, and if you've already complied with section 38, you don't need to do it again.

 

Whereas a permit ends when you exit (without a re-entry permit) and a new 'temporary permission to stay' begins every time you enter. Every time a new permission to stay is granted section 38 applies.

[elviajero]

  On 9/19/2016 at 11:53 AM, Strange said:

Been here for years never heard of this. Can anyone please provide links for me to read up on? I believe you guys I'm just surprised I never heard of it. 

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When the Immigration Act was written very few people lived in private residences and all reporting was (sometimes) done by Hotels and guesthouses. As the numbers of foreigners living in private property has increased, and terror threats have increased security, they have tightened up on enforcing the law.

[Kopitiam]

We are not comparing apple with apple here.  Temporary permission to stay and reporting of residence are two different matters.  The reporting of residence is relatively newly "enforced".  In previous years, I have had no problem renewing my permission of stay (retirement).  Last year, when I did the same, the IO directed me to the reporting of address counter to update my records.  I told him that I have already registered my residence and I have not moved house.  He said I have gone out of the country and re-entered again.  Therefore I am required to update my records because I have a new "Entry/Departure" white card.  Luckily they did not fine me for not reporting within 24hrs.  I know it does not make sense since I am staying at the same address.

[Scotwight]

Did the OP get refused a retirement extension?  

[Ronuk]

  On 9/19/2016 at 3:36 PM, Scotwight said:

Did the OP get refused a retirement extension?  

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That's what his post states.

[Scotwight]

  On 9/19/2016 at 5:49 PM, Ronuk said:

That's what his post states.

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It says refused extension in the OP - not what kind.  

[Ronuk]

  On 9/19/2016 at 3:36 PM, Scotwight said:

Did the OP get refused a retireme

 

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As it was an O-A visa, and you need to be over 50yrs old to get one,let's all assume it was for a retirement extension shall we?

[Ronuk]

  On 9/19/2016 at 11:28 PM, Scotwight said:

It says refused extension in the OP - not what kind.  

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As it was an O-A visa, and you need to be over 50yrs old to get one,let's all assume it was for a retirement extension shall we?

[ubonjoe]

  On 9/19/2016 at 3:36 PM, Scotwight said:

Did the OP get refused a retirement extension?  

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I don't think his extension was denied. His application was not accepted. As soon as he or his landlord does the report it will be accepted.

[maoro2013]

What if he had a yellow book, doesn't that give you address?

[ubonjoe]

  On 9/20/2016 at 1:47 AM, maoro2013 said:

What if he had a yellow book, doesn't that give you address?

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Having a yellow house book has no effect on needing to do a TM30 form. The reporting is still required.

[NancyL]

Here in Chiang Mai, Immigration definitely expects a new TM30 to be filed each time you re-enter the country because you'll have a new arrival/departure card number.  AND, if you travel within the country and stay at hotel/guesthouse, etc where THEY filed a TM30 for you, then that will override the previous TM30 and you'll have to file a new one with Chiang Mai immigration upon returning home.

 

Chiang Mai Immigration is becoming very rigorous about enforcing this requirement in many cases.  Some people skate thru their visa extension applications, but not all.  Guys who show up in person to submit 90 day reports at the Immigration office near the airport may even find themselves being checked to see if their TM30 is up-to-date.  Perhaps because the office that accepts the TM30s is right on the grounds and ready to accept the fine for non-filing from their wives.  I've not heard of anyone being refused a 90-day report application at the Immigration Promenada office, perhaps because you can no longer submit the TM30 report at that office.

[ubonjoe]

  On 9/20/2016 at 2:25 AM, NancyL said:

Here in Chiang Mai, Immigration definitely expects a new TM30 to be filed each time you re-enter the country because you'll have a new arrival/departure card number.  AND, if you travel within the country and stay at hotel/guesthouse, etc where THEY filed a TM30 for you, then that will override the previous TM30 and you'll have to file a new one with Chiang Mai immigration upon returning home.

 

Chiang Mai Immigration is becoming very rigorous about enforcing this requirement in many cases.  Some people skate thru their visa extension applications, but not all.  Guys who show up in person to submit 90 day reports at the Immigration office near the airport may even find themselves being checked to see if their TM30 is up-to-date.  Perhaps because the office that accepts the TM30s is right on the grounds and ready to accept the fine for non-filing from their wives.  I've not heard of anyone being refused a 90-day report application at the Immigration Promenada office, perhaps because you can no longer submit the TM30 report at that office.

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As usual they are making up their own rules.

Total nonsense about needing to do one if you travel and stay in a hotel that reports you.

I have read posts of them telling people they need to do one if they make a trip within the country and don't stay in a hotel.

[AlQaholic]

Section 19 and 20 of the immigration act is quiet disturbing.....any foreigner can be detained at any place for any length of time, up to the "competent official".....and the local court....

 

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.

 

3. Shall notify the police official of the local police station where such alien resides, within twenty – four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations , such alien must notify the police official of the police station for that area within twenty – four hours from the time of arrival.

 

4. 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.

 

Seems to me that it is completely in the hands of the "alien" to do all that stuff......

[ubonjoe]

  On 9/20/2016 at 2:44 AM, AlQaholic said:

Section 19 and 20 of the immigration act is quiet disturbing.....any foreigner can be detained at any place for any length of time, up to the "competent official".....and the local court....

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Only if you take them out of context and fail to mention that they are under Chapter 2 which is titled Entering and Departing the Kingdom 

First lines of sections 19 and 20.

  Quote

Section 19 : In inspecting and considering whether an alien is forbidden from entering the Kingdom

Section 20 : In the instance where the competent official has detained any alien under the provision of
Section 19

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[AlQaholic]

  On 9/20/2016 at 3:06 AM, ubonjoe said:

Only if you take it out of context and fail to noiice that they are is under Chapter 2 which is titled Entering and Departing the Kingdom 

First lines of sections 19 and 20.

 

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Yeah, but if you consider....any "competent officer" can stop you at any time and consider your entering or departing the kingdom. Doesn't say where or when this consideration has to happen.

[Krataiboy]

 

 

Maybe somebody "up North" should send the local gestapo a copy of this. . . 

 

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[AlQaholic]

Just going through the immigration act, and it is complicated and somewhat muddled. But as I understand now there is no requirement for a regular "temporary stay" alien visitor (as specified in section 34) to report his location as long as it is the same as stated in the arrival papers.

Owner of residence where he dwells is in all circumstances obliged to report the alien (section 38).

[Davehappen]

When I moved over here, told the misses you need to report me to the local immigration, mai bin lai she says. Went for 90 day report, oops, fined the usual 800 baht, I/o say you must report every time you go out of kingdom and return, even with a M/E visa, funny tho, I had 2 CoR before my 90 day report.