Penalty for not reporting 90-Days

[JOHN CHAN]

Hi, I would like to know that if a foreigner living in Thailand does not report every 90 days, the penalty is 2000 Baht ONLY or 2000 Baht PER DAY starting from the date of last reporting. If he has skipped reporting once, for instance, will he be definitely penalized or that he may be exempted from it when he reports again? How does the system work in this issue? Many thanks for any advice given.

[KhunBENQ]

2000 per missed report (not per day of course).

No exemption when skipping a complete cycle.

5000 Baht is the upper limit.

I don't in which cases they will apply 5000.

Maybe 5000 if you ignore it up the next extension.

 

I am ashamed to acknowledge but I once missed to report (in 5 years).

Reported 9 days after due date. 2000 Baht.

(I won't tell about the discount )

Edited October 24, 2016 by KhunBENQ

[elviajero]

The standard fine is 2,000 baht and is the amount you should expect to pay. However, they can fine up to 5,000 baht plus 200 baht per day from when a late report is discovered until it's paid.

[naboo]

My 90 days is up today. On Wednesday next week, I leave the country. If I don't report, would I be fined at the airport? What about on return? 90 days starts again, would I have got away with it?

[Lite Beer]

You well may have a problem the next time you report.

2,000 Baht fine.

[elviajero]

19 minutes ago, naboo said:

My 90 days is up today. On Wednesday next week, I leave the country. If I don't report, would I be fined at the airport? What about on return? 90 days starts again, would I have got away with it?

• You won't be fined at the airport or on return.
• The 90 day count resets to 1 on the day you return.

   

 

[sniffdog]

5000 baht can be the fine if the case is being brought in front of a court. I am not quite sure if he gets away with it. Until he leaves the country he is too late with his report. If he gets caught he can be fined or brought to a court. There used to be a grace period of 7 days (voluntary report) but heard rumors that that is scrapped.


Sent from my iPhone using Tapatalk

[Maestro]

There is a grace period of seven days for making the report, but not for leaving the country without making the report.

[elviajero]

46 minutes ago, sniffdog said:

5000 baht can be the fine if the case is being brought in front of a court. I am not quite sure if he gets away with it. Until he leaves the country he is too late with his report. If he gets caught he can be fined or brought to a court. There used to be a grace period of 7 days (voluntary report) but heard rumors that that is scrapped.

• No it's not. 5,000 baht is the maximum fine allowed for not reporting under the Immigration Act.
• If found to be late with a report (more than 96 days) you can be arrested and immigration will fine 4,000 baht plus 200 baht per day until the fine is paid. No court.
• You are still able to report within 7 days of the report due date without getting fined.

 

[sniffdog]

There is a grace period of seven days for making the report, but not for leaving the country without making the report.

Correct. The OP will be late anyway as be makes this thread on Tuesday and leaves next Wednesday. I really couldn't imagine that answer regarding leaving the country without a penalty. That means that anyone could leave without a penalty at anytime. He better report before he leaves to the airport

Anyway, its better to read the appropriate pages on the immigration website instead of relying on TV.

.

Sent from my iPhone using Tapatalk

[BritTim]

39 minutes ago, sniffdog said:

Anyway, its better to read the appropriate pages on the immigration website instead of relying on TV.

 

Personally, I am very leery of relying on information from the immigration website. I have found too much outdated/incorrect information there to have confidence in it. The site is only useful if you know which pages are correct and which are wrong, or at least misleading.

 

[Maestro]

3 hours ago, elviajero said:

• If found to be late with a report (more than 96 days) you can be arrested and immigration will fine 4,000 baht plus 200 baht per day until the fine is paid. No court.

 

You appear to have access to the settlement rule issued on the authority of section 84 of the Immigration Act. I have been looking for this for years and would be grateful if you posted a link to it or a copy of it.

[Liquorice]

10 hours ago, sniffdog said:

Correct. The OP will be late anyway as be makes this thread on Tuesday and leaves next Wednesday. I really couldn't imagine that answer regarding leaving the country without a penalty. That means that anyone could leave without a penalty at anytime. He better report before he leaves to the airport

Anyway, its better to read the appropriate pages on the immigration website instead of relying on TV.

.

Sent from my iPhone using Tapatalk

 

I prefer to use the Immigration Act for accuracy.

[brewsterbudgen]

13 hours ago, naboo said:

My 90 days is up today. On Wednesday next week, I leave the country. If I don't report, would I be fined at the airport? What about on return? 90 days starts again, would I have got away with it?

 

If you report in person 90 days after you return, they may well notice the late report and fine you.  If you report by post this is unlikely to happen - or didn't happen to me anyway, when I was in exactly the same position back in April.

[Autonuaq]

In general, the fine is 2000 THB and a free stamp in your passport.

Some rare cases the fine is 5000 THB.

 

And also free of charge and as extra service they will check all your other documents and look if you have done the report of you address as well. You probably also have to sign also a document that you understand the penalties for overstay.

 

So not much to worry about as long as you are doing the report of being too late.

[Liquorice]

1 minute ago, Autonuaq said:

In general, the fine is 2000 THB and a free stamp in your passport.

Some rare cases the fine is 5000 THB.

 

And also free of charge and as extra service they will check all your other documents and look if you have done the report of you address as well. You probably also have to sign also a document that you understand the penalties for overstay.

 

So not much to worry about as long as you are doing the report of being too late.

 

A late 90 day report is not 'overstay'.

[sniffdog]

 
If you report in person 90 days after you return, they may well notice the late report and fine you.  If you report by post this is unlikely to happen - or didn't happen to me anyway, when I was in exactly the same position back in April.

Are you sure you know what nonsense you talk about? If he comes from abroad, his new term already started. There is no need or even possibility to report.


Sent from my iPhone using Tapatalk

[BritTim]

One interesting edge case. What happens if you, say, leave on day 91 of your stay, returning a couple of days later (within the original grace period). It seems both rather unfair if you cannot use the grace period just because of traveling. On the other hand, there os, sort of, no longer a need to report. A bit of a head scratcher.

[brewsterbudgen]

40 minutes ago, sniffdog said:

 

Are you sure you know what nonsense you talk about? If he comes from abroad, his new term already started. There is no need or even possibility to report.


Sent from my iPhone using Tapatalk

Trying reading both the question and the answer as it will help you understand and avoid you making a fool of yourself.

 

 

[raro]

11 hours ago, Maestro said:

 

You appear to have access to the settlement rule issued on the authority of section 84 of the Immigration Act. I have been looking for this for years and would be grateful if you posted a link to it or a copy of it.

 

I must admit I forgot the report several times and yes, it is 2,000 Baht.

 

When leaving the country I had never a problem, the immigration officer at the check-out never showed any interest in that paper. Got away twice that way, too.....

 

oh, and yes, if you go abroad , the clock starts ticking again when you come back to Thailand. So it's your entry stamp +90. 

[Maestro]

10 hours ago, Faz said:

 

I prefer to use the Immigration Act for accuracy.

 

Excellent idea, but what do you do after reading the following in the last paragraph of Section 37?

 

Quote

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've got those regulations prescribed by the Director General I'd love to have a copy of it for future reference.

 

Incidentally, Section 37 also says this:

 

Quote

If the alien stays in the Kingdom longer than ninety days, such alien must notify the
competent official at the Immigration Division , in writing , concerning his place of stay , as soon as
possible upon expiration of ninety days.

 

How soon is as soon as possible? Relying solely on the Immigration Act, how soon after having stayed in Thailand for 90 days do you make your notification to immigration?

[Liquorice]

Perhaps I should have been clearer.

 

I use the Immigration Act as my first point of reference because that is the Immigration Law.

I also refer to the Immigration website(s) for further guidance and Police Orders for rules and regulations.

 

You have to read all three in conjunction with each other to understand the basics of what required and expected from foreigners.

There are still grey areas and various interpretations regardless.

 

The Ministerial Regulations (an internal guide for IO's) are kept in a large book.

When I enquired about the Ministerial Regulations last year, the IO took a large book from on top of a filing cabinet, opened it, and said those at the mistrial regulations..........you want a copy (laughing). I only had time to notice one page was in Thai and the opposing page was in English.

I guess it's something a foreigner will never get access to.

[FritsSikkink]

15 minutes ago, Faz said:

Perhaps I should have been clearer.

 

I use the Immigration Act as my first point of reference because that is the Immigration Law.

I also refer to the Immigration website(s) for further guidance and Police Orders for rules and regulations.

 

You have to read all three in conjunction with each other to understand the basics of what required and expected from foreigners.

There are still grey areas and various interpretations regardless.

 

The Ministerial Regulations (an internal guide for IO's) are kept in a large book.

When I enquired about the Ministerial Regulations last year, the IO took a large book from on top of a filing cabinet, opened it, and said those at the mistrial regulations..........you want a copy (laughing). I only had time to notice one page was in Thai and the opposing page was in English.

I guess it's something a foreigner will never get access to.

Maybe you would have a copy if you said yes :)

[4evermaat]

There is a grace period of seven days for making the report, but not for leaving the country without making the report.

So has anyone left the country, come back, and been fined after returning on the same extension and making the next 90 day report?

[Liquorice]

4 minutes ago, 4evermaat said:

So has anyone left the country, come back, and been fined after returning on the same extension and making the next 90 day report?

 

I believe so, yes.

However that will depend on how observant the next IO is and how late it was.

They could use their discretion and ignore it.

 

I think it's a decision only you can make.

[brewsterbudgen]

 
I believe so, yes.
However that will depend on how observant the next IO is and how late it was.
They could use their discretion and ignore it.
 
I think it's a decision only you can make.

As I wrote earlier, I missed my report in April but left the country shortly thereafter. I submitted my next report, 90 days after I returned to Thailand, and it was accepted. However, I did it by post. Had I done it in person, maybe the missed report would have meant a fine.

[Maestro]

6 hours ago, Faz said:

...

The Ministerial Regulations (an internal guide for IO's) are kept in a large book.

...

I guess it's something a foreigner will never get access to.

 

Laws and Ministerial Regulations are published in the Royal Gazette and therefore publicly available, for example in libraries, by subscription, etc.

 

Years ago, the dean of the law faculty of Thammasat University told me that the Ministerial Regulations are also available on http://www.krisdika.go.th but I've never been able to find them there.

[thai3]

3 hours ago, brewsterbudgen said:

 

As I wrote earlier, I missed my report in April but left the country shortly thereafter. I submitted my next report, 90 days after I returned to Thailand, and it was accepted. However, I did it by post. Had I done it in person, maybe the missed report would have meant a fine.

 

How it's just a bit of paper nothing is on record , not even a computer in the office I report at. So they just go by the last slip or the last date of entry.

[brewsterbudgen]

How it's just a bit of paper nothing is on record , not even a computer in the office I report at. So they just go by the last slip or the last date of entry.

It's computerised these days - at least it is in Bangkok.

[thai3]

Not where I am, and that's only just outside bkk.