Who shall report TM28/TM30

[glegolo]

Plse let me ask you the following question.

- My wife owns land

- A german man rent the land, he has also built a house on the very same land

- Now this german man have guests

 

WHO shall report; the german man who rent the land, OR the thaiwife who rent out the land??

Grateful for your answer

 

Glegolo

++++++

[ubonjoe]

The German man since your wife is only renting the land that his residence sits on.

[glegolo]

7 minutes ago, ubonjoe said:

The German man since your wife is only renting the land that his residence sits on.

 

UbonJoe,

 

my wife OWNS the land NOT renting the land!!  The german man RENTS the land and have built a house there on

 

a bit confused still....

 

Glegolo...

[elviajero]

The German man is responsible because he's the owner of the property.

[glegolo]

OK clear,, I got it.. thanks both of you.

 

Glegolo

[ubonjoe]

24 minutes ago, glegolo said:

 

UbonJoe,

 

my wife OWNS the land NOT renting the land!!  The german man RENTS the land and have built a house there on

 

a bit confused still....

 

Glegolo...

That is what I thought I wrote.

Edited a bit to make it clearer.  The German man since your wife is only renting the land to him that his residence sits on.

 

[glegolo]

41 minutes ago, ubonjoe said:

The German man since your wife is only renting the land that his residence sits on.

 

6 minutes ago, ubonjoe said:

That is what I thought I wrote.

Edited a bit to make it clearer.  The German man since your wife is only renting the land to him that his residence sits on.

 

Sorry, english is not my native tongue.. so I interpeted what you wrote (quote-your wife is only renting the land that his residence sits on-unquote) to be that my wife was renting, I guess I missed ther word rented OUT... or renting TO HIM.. which you added later...

 

Anyhow thnks for make it clear to me... great as usual...

 

Glegolo

[Maestro]

To put it in legal terms, the German man who owns the house on the land he rents from your wife is the House-master, ie the chief possessor of the residence in his capacity as the owner of the residence as defined in section 4 of the Immigration Act, and therefore responsible for the submission of the TM. 30 form.

Ownership of the land is immaterial in the context of the TM.30 submission requirement. It is the arrival of a foreigner (alien) at the residence that must be notified to immigration, not the arrival on the land.

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[Maestro]

Incidentally, the German owner of the house must also use the form TM.30 to notify immigration of his own arrival at his residence.

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[spiroinusa1]

What if we both own the house? She owns the land. 

[Kenegg]

I just got a telling off from Immigration for not completing a T28 whithin first 24 hours of arriving in Thailand...she completes a T30 as owner I have to complete T28 as visitor.

[louse1953]

18 hours ago, ubonjoe said:

That is what I thought I wrote.

Edited a bit to make it clearer.  The German man since your wife is only renting the land to him that his residence sits on.

 

That's better.

[dentonian]

3 hours ago, spiroinusa1 said:

What if we both own the house? She owns the land. 

 

Your wife should complete the TM30.

She will be registered as the 'Chow Baan' (head of household) in her blue house book (Tabien Baan).

 

If you possess a Yellow house book, you are registered as the 'Poo Assai' (person who stays here).

 

[dentonian]

2 hours ago, Kenegg said:

I just got a telling off from Immigration for not completing a T28 whithin first 24 hours of arriving in Thailand...she completes a T30 as owner I have to complete T28 as visitor.

 

Which Immigration office was that?

 

Her indoors should complete a TM30, that is correct.

The TM28 is only for notification of change of address.

If you entered her address on your TM6 (arrival card) there is no requirement for you to complete a TM28.

If however you first stayed in a hotel on your arrival (the hotel report online), and entered the hotel address, then moved to a private residence, then you should also complete a TM28.

[Maestro]

I just got a telling off from Immigration for not completing a T28 whithin first 24 hours of arriving in Thailand...she completes a T30 as owner I have to complete T28 as visitor.

You had the misfortune of dealing with an officer who does not know or understand the Immigration Act. From section 37:

"Section 37 : An alien having received a temporary entry permit into the Kingdom must comply with the
following:
...
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."

When, upon your arrival in Thailand, you handed the arrival card to the immigration officer you "indicated to the competent official" the place where you were going to stay and subsequently you did in fact go and stay at that place. Therefore, you had no obligation to "notify the competent official" of any "change in residence" because you did not change it.

Of course, your immigration officer would probably not have admitted his mistake if you had confronted him with the fact and it would have been best to ask to speak to a supervisor officer.

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[Maestro]

Section 37 also says this:

"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."

If you have occasion to meet this immigration officer again I would be most grateful if you could get a copy of these currently valid "regulations prescribed by the
Director General" from him, even if only in Thai, and post them here. I have been searching for them for years, without success.



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