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BANGKOK 27 June 2019 07:09
JRG23

Notification Requirement - Puzzled

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I am 51, non-imm visa based on marriage. From UK.

Today me and wife went to Immigration at CW. I needed a proof of residence letter to renew driving licence.

On applying for the letter (200 baht for delivery, which takes two weeks), the lady officer informed us that I no longer need to do 90 days reports. Now, I have only done one 90 day report in the past few years because I frequently have to work abroad for a couple of days at a time. 

 

Anyway, the immigration official said there's no need to do 90 day reports any more.

Instead we need to notify (or actually my wife needs to notify) immigration every time I return from a work trip abroad. On this website, she said - https://extranet.immigration.go.th/fn24online/

We've been married for 15 years and never ever done this. But the immigration officer said we need to do this from now on as it "could affect future applications for visa extensions" through marriage.

 

I was a bit suprised about this. Never heard of this requirement. Is all this correct? Should we now do this and do I need to forget 90 day reports?

 

Any advice/comments appreciated.

Thank you!

J

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That looks like the TM30 website which you now have to do when you return home. It’s the same notification hotels make when you check in and give them your passport. However, I don’t think that has anything to do with 90 day reports. The website is the most convenient way to file a TM30 but you can also download the form and submit it person. I’m hoping to do it online myself.

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17 minutes ago, allane said:

In recent years, some Immigration offices have been demanding that the occupant, (not the owner) file a T.M. 30 upon every return to the same premises, and fining him if he does not. In my view, this is illegal, but my view doesn't matter.

Your view certainly matters, since it'd be the view of everyone hit by these overbearing regulations and quite substantial and unjust fines. I can't see how immigration are going to be able to get away with maintaining this sharp practice for long. 

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1 hour ago, allane said:

...The T.M. 30 has to be done by the owner of the premises where you reside...

In recent years, some Immigration offices have been demanding that the occupant, (not the owner) file a T.M. 30 upon every return to the same premises, and fining him if he does not. In my view, this is illegal, but my view doesn't matter.

It is legal. Please see section 38 of the Immigration Act and the definition of House-Master in section 4.

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1 hour ago, JRG23 said:

Anyway, the immigration official said there's no need to do 90 day reports any more.

Instead we need to notify (or actually my wife needs to notify) immigration every time I return from a work trip abroad. On this website, she said - https://extranet.immigration.go.th/fn24online/

We've been married for 15 years and never ever done this. But the immigration officer said we need to do this from now on as it "could affect future applications for visa extensions" through marriage.

There are two separate requirements.

Firstly the alien entering the Country notifies his intended residence on the TM6 arrival card.

If they remain in the Country for 90 days consecutively, they must file a 90 day report, which also confirms your registered address.

90 day reports can be filed in person, by post, or online.

These are solely the responsibility of the foreigner.

 

The second, requires the House Master, Owner, or Possessor of the residence where the foreign is registered to notify Immigration of the foreigners arrival at that address.

Read sections 37, 38 and 4 of the Immigration Act.

Immigration Act B.E. 2522 (1979) en - immigration.pdf

The responsibility of who files the TM30 depends on the situation and could equally fall on a Thai or the foreigner.

TM30 reports can be filed in person, by post, or online.

 

If you spend fewer than 90 days in the Country, then you don't have to file a 90 day report, however you still have to file a new TM30 each time you exit and re-enter the Country.

Read this current topic about the TM30: 

https://forum.thaivisa.com/topic/1097420-tm30-online-are-people-using-it/

 

Although all offices have enforced the 90 day reporting for years and most have enforced the filing of TM30's for the past 3/4 years, CW never enforced filing the TM30 until recently, which is why you were probably never aware of it.

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1 hour ago, allane said:

- The T.M. 30 has to be done by the owner of the premises where you reside.  It is supposed to be done within 24 hrs (or next business day) every time you occupy (or re-occupy after a trip abroad) the same premises.  If you travel within Thailand this is done by your hotel, and you do not need to do one upon returning to your residence..

In recent years, some Immigration offices have been demanding that the occupant, (not the owner) file a T.M. 30 upon every return to the same premises, and fining him if he does not. In my view, this is illegal, but my view doesn't matter.

Not quite true.

The law states the House Master, the owner, or the occupier are equally responsible.

The House Master is defined under law, means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever.

 

The online system which was predominately for Hotels and Guest houses to report the arrival of foreigners has been expanded to allow Private residential homes to file online.

Furthermore it allows Thais or Foreigners alike to now register.

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7 hours ago, Tanoshi said:

CW never enforced filing the TM30 until recently, which is why you were probably never aware of it.

In this case, wouldn't it be reasonable for people to be simply be notified and warned about this the first time, rather than fined at the same time they're informed about it? If it's been official policy to ignore the TM30 requirement in Bangkok historically and this is now no longer the case, it amounts to a de facto change in procedure. 

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Posted (edited)
14 hours ago, Tanoshi said:

The law states the House Master, the owner, or the occupier are equally responsible.

It is a confusing scenario. If the owner is equally responsible, why is he not being fined for shirking his equal responsibilities? No the occupier/ foreigner who is forced to attend immigration, is forced to hand over the money. 

Edited by jacko45k
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31 minutes ago, jacko45k said:

It is a confusing scenario. If the owner is equally responsible, why is he not being fined for shirking his equal responsibilities? No the occupier/ foreigner who is forced to attend immigration, is forced to hand over the money. 

A cynic might think they've hatched this moneyspinner to compensate for lost income after the last immigration boss introduced the "no tips" policy a few months ago... 

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15 hours ago, Maestro said:

It is legal. Please see section 38 of the Immigration Act and the definition of House-Master in section 4.

Thank you for the reference. From Section 4:

 

“House Master” means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.

 

So if I stay at a leased apartment and I am not listed on the lease, then I cannot be the house master, correct?

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Posted (edited)
6 minutes ago, NotYourBusiness said:

So if I stay at a leased apartment and I am not listed on the lease, then I cannot be the house master, correct?

 

Who knows, in all honesty, you'd need to be able to read, understand, interpret the legal intent and precedents of the original phrases in Thai.

 

The owner of the apartment, and/or the lease-holder (i.e. tenant), is probably the "chief possessor"? Sounds like you are a guest or sub-leter?

 

 

 

 

 

Edited by mtls2005

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16 hours ago, Maestro said:

It is legal. Please see section 38 of the Immigration Act and the definition of House-Master in section 4.

Find a wall.   beat your head against it.    this tm30 stuff is the subject of many threads and disagreements.

 

We have some rental units.  We do what the LOCAL immig office tells us to do regarding first notification (we do )  and subsequent notifications when tenant leaves country and returns ( THEY DO ).  In 6 years we have never had a problem........ except trying to explain this info to members on TV.    we do in CM.  your office may tell you otherwise.   Nobody here can tell you, only the immig office that you go to.  Get if from the source

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22 minutes ago, NotYourBusiness said:

“House Master” means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.

 

So if I stay at a leased apartment and I am not listed on the lease, then I cannot be the house master, correct?

 

If you stay there more so than the owner or the tenant who has the lease, then you could under the definition in law be considered the chief possessor and therefore the House Master under the Act.

 

Similarly, I live in my wife's house. I am not the owner, I have no lease, so not a tenant, but I spend more time in the house than the family, so for all intents and purposes I am the chief possessor.

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