Another 90-day question

[maphraw]

When one moves to a new house/apartment/condo does one have present immigration with the appropriate documents/paperwork on the same day one moves into the new dwelling? And does one need to show immigration any evidence that he had been living in his previous dwelling or that he has moved out?Thanks

[Tanoshi]

According to the Immigration Act

You should file a TM28 within 24 hours of changing address.

The owner should file a TM30 as well.

 

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.

 

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.

[BritTim]

Everything I state below is a general guide. Specific immigration offices may differ in the rules they apply.

 

First, just to ensure we are on the same wavelengths, there are three kind of address reporting that are required by law: TM 30, TM 28 and TM 47.

• I think your main inquiry is about the simplest of these, the TM 47, Notification of  staying in the Kingdom over 90 days. This must be made at the immigration office you are registered as living. Usually, this is established at the time you have first contact with the office. If you are already registered with one immigration office, and moving to the area of another immigration office, see the discussion of the TM 28 below. The TM 47 can always be submitted in person by the foreigner involved. If the system is working, it is probably possible to do the report online as long as it over 7 days before the due date. It should be possible to do by mail, but some offices will simply refuse to process mailed notifications. As long as the notification is not late, some offices will allow someone else to drop off the notification on behalf of the foreigner.
• The TM 28, which by the letter of the law must be submitted within 24 hours, must be used when moving from the area covered by one immigration office to another. Technically, there are other conditions under which a TM 28 should be submitted, but thankfully they are not enforced. The TM 28 is submitted by the foreigner himself.
• The TM 30 (foreign national residence notification) submission rules are a mess. The rules for hotels, and possibly large condos) are a bit different. I describe the situation for the vast majority of long stay foreigners. The rule states  "House owners, heads of household, landlords or managers of hotels who accommodate foreign nationals on a temporary basis who stay in the kingdom legally, must notify the local immigration authorities within 24 hours from the time of arrival of the foreign national.". Offices vary in who they will allow to make the notification. In the worst case, such as the office insisting on a house owner living abroad making the notification in person, satisfying the law can be impossible. Usually, though,
  • if the owner of the house/condo etc. lives on the premises, he can submit he form with his id card and tabien baan
  • otherwise, with a rental contract, the possessor (often the foreigner himself) can present himself as "head of household" and make the report

Good luck if the owner does not want to cooperate in the TM 30 notification. Some offices (notably Bangkok) may not enforce the TM 30 notification. Very often, if no TM 30 notification has been done, the blameless foreigner will be fined, and told to do the immigration official's job for them in getting the law complied with.

 

When submitting the TM 47, immigration will often want to see proof that the TM 30 has been submitted or (if staying at a hotel) evidence of a room lease, not just a short stay.

[maphraw]

Thanks for your info. I don't think that I made myself clear. I have been living at my present Thai  residence for about a year and have done two 90 day notices so far. But I am planning to move to a new location. If and when I move to a new apt./condo, I am wondering if a need any evidence that I really have been living at my present address. It would seem that Immigration wouldn't require any evidence that I have been living at my present address when moving to a new address because they already have that information.  But I want to be fully prepared in any event. I know what documentation is needed for the new address. Thanks again.

[BritTim]

5 minutes ago, maphraw said:

Thanks for your info. I don't think that I made myself clear. I have been living at my present Thai  residence for about a year and have done two 90 day notices so far. But I am planning to move to a new location. If and when I move to a new apt./condo, I am wondering if a need any evidence that I really have been living at my present address. It would seem that Immigration wouldn't require any evidence that I have been living at my present address when moving to a new address because they already have that information.  But I want to be fully prepared in any event. I know what documentation is needed for the new address. Thanks again.

If moving to a new location within the area covered by the same immigration office as before, usually you just need to ensure the TM 30 notification has been done for your new dwelling, and to submit the TM 47 as normal. As you say, there is no notification required for leaving your old dwelling, either by you or by the person who was originally required to notify your arrival there.