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Penalty for not reporting 90-Days


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I'm supposed to report on the 12 and on the 15 I fly out of Thailand. If I don't report, when I come back 2 weeks later, do they start to count as day 1? Or do they fine me for not reporting before or on the 12? Thanks.

Edited by Xiao
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18 minutes ago, Xiao said:

I'm supposed to report on the 12 and on the 15 I fly out of Thailand. If I don't report, when I come back 2 weeks later, do they start to count as day 1? Or do they fine me for not reporting before or on the 12? Thanks.

This has been discussed before.

 

It is my view that, if in Thailand for more than 90 days, you have an obligation to report. Leaving Thailand on day 91 does not remove that obligation. There is a contrary opinion that says if you leave Thailand during the 7-day grace period for reporting, that will cancel your overdue report requirement. As I said, I see no reason why there should be a difference leaving on day 93 or day 99. In both cases, you have failed to make a required report, although immigration at the airport does not care.

 

If my interpretation is correct, you could be fined during a visit to immigration during a subsequent visit (if your failure to report was noticed). What is not in question is that your return to Thailand starts the clock on a new reporting period. You need to report 90 days after your return to Thailand.

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3 hours ago, Xiao said:

I'm supposed to report on the 12 and on the 15 I fly out of Thailand. If I don't report, when I come back 2 weeks later, do they start to count as day 1? Or do they fine me for not reporting before or on the 12? Thanks.

Yes the day you re-enter is day 1 of a new 90 day count.

 

You don't need to report because you're leaving on day 93. They can't fine you on return because only people that stay longer than 96 days and report late can be fined.

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4 hours ago, BritTim said:

If my interpretation is correct ...

I suggest that you go to immigration and ask so that you have some actual knowledge to pass on. Your interpretation helps no one.

 

I have never heard of anyone being retrospectively fined that left within the 7 day window. And I recall that the last person to ask this question followed your advice and reported. He later advised the forum that immigration told him he didn't have to report. There have been other confirmations too.

 

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8 hours ago, elviajero said:

You don't need to report because you're leaving on day 93. They can't fine you on return because only people that stay longer than 96 days and report late can be fined.

Not true. As has been reported on here countless times, he will be at risk of being fined if his local office detect that he failed to submit the report due on the 12th when he submits the first 90-day report due after his return.

 

The "7 days after" window does not exempt the requirement for a particular report to be provided.

Edited by OJAS
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9 hours ago, elviajero said:

You don't need to report because you're leaving on day 93. They can't fine you on return because only people that stay longer than 96 days and report late can be fined.

So, based on your interpretation, unless you plan to visit immigration for other reasons, there is never a need to report. You can happily leave Thailand after 200 days, and later return with no risk of being fined. You never did a late report, and you exit and return canceled the overdue report requirement, right?

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Why not fill in the (TM47?) form and post it right away? Tean you have done what you should even if a bit late. Send it the fastest way you can and tracked. Don't forget to send it with a photo copy of your passport pages and a SAE to wherever you want the acknowledgment to go - not that you'd probably care.

 

Then you know you won't get trouble next time.

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6 hours ago, OJAS said:

Not true. As has been reported on here countless times, he will be at risk of being fined if his local office detect that he failed to submit the report due on the 12th when he submits the first 90-day report due after his return.

 

The "7 days after" window does not exempt the requirement for a particular report to be provided.

  • It hasn't been reported by anyone that has actually been retrospectively fined that left before day 97 without reporting. It has been opined countless times by people repeating ubonjoe's opinion, which he often starts with statements like, "It's highly unlikely but ...".
  • It has been reported, several times, that we do not have to report if leaving within 97 days.

The purpose of the report is to keep tabs on us. We are effectively reporting to say we are staying longer than 90 days and re-confirming our address. They are therefore not interested in anyone that is leaving shortly after 90 days, and by their own rules they cannot fine anyone until they have stayed continuously in the country for 97+ days without reporting.

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15 hours ago, elviajero said:

You don't need to report because you're leaving on day 93. They can't fine you on return because only people that stay longer than 96 days and report late can be fined.

5 hours ago, BritTim said:

So, based on your interpretation, unless you plan to visit immigration for other reasons, there is never a need to report. You can happily leave Thailand after 200 days, and later return with no risk of being fined. You never did a late report, and you exit and return canceled the overdue report requirement, right?

 

It's not an interpretation. I am trying to explain why immigration cannot fine someone that leaves within 97 days.

 

You are now introducing a different scenario. If someone doesn't report and is still in the country on day 97 a fine becomes due. That fine will always be due regardless of what happens in the future. Whether or not immigration would collect that fine at a later date is a question I've never asked. IMO they could, but I will ask next time I'm in an immigration office.

 

The OP is asking about leaving on day 93. As a fine does not become due until day 97, and as he will not stay in the country until day 97, a fine will never become due and immigration can never, legally, be collect one.

 

 

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13 minutes ago, elviajero said:

It's not an interpretation. I am trying to explain why immigration cannot fine someone that leaves within 97 days.

 

You are now introducing a different scenario. If someone doesn't report and is still in the country on day 97 a fine becomes due. That fine will always be due regardless of what happens in the future. Whether or not immigration would collect that fine at a later date is a question I've never asked. IMO they could, but I will ask next time I'm in an immigration office.

 

The OP is asking about leaving on day 93. As a fine does not become due until day 97, and as he will not stay in the country until day 97, a fine will never become due and immigration can never, legally, be collect one.

We have had this discussion before. I continue to hold the view that it is a 90-day report (with a 7-day grace period, provided you do make the report) and not a 96-day report.

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4 minutes ago, BritTim said:

We have had this discussion before. I continue to hold the view that it is a 90-day report (with a 7-day grace period, provided you do make the report) and not a 96-day report.

I haven't said it's a 96 day report. There is no argument, or doubt, that a report becomes due from day 91.

 

 

 

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16 hours ago, elviajero said:
  • It hasn't been reported by anyone that has actually been retrospectively fined that left before day 97 without reporting. It has been opined countless times by people repeating ubonjoe's opinion, which he often starts with statements like, "It's highly unlikely but ...".
  • It has been reported, several times, that we do not have to report if leaving within 97 days.

The purpose of the report is to keep tabs on us. We are effectively reporting to say we are staying longer than 90 days and re-confirming our address. They are therefore not interested in anyone that is leaving shortly after 90 days, and by their own rules they cannot fine anyone until they have stayed continuously in the country for 97+ days without reporting.

Just because no cases of retrospective fines have been reported on here does not necessarily mean that this has never actually happened in practice!

 

In Xiao's case, whether or not he would be retrospectively fined would probably depend on (a) the observation skills and (b) the prevailing mood of the immigration officer he dealt with when submitting his first 90-day report after his return to LOS. Neither would, of course, be possible to predict with any certainty at this stage.

 

If I were in his shoes I would not be willing to chance my arm but instead legging it down to my local immigration office this week to file a 90-day report as a matter of top priority.

Edited by OJAS
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20 hours ago, cliveshep said:

Why not fill in the (TM47?) form and post it right away? Tean you have done what you should even if a bit late. Send it the fastest way you can and tracked. Don't forget to send it with a photo copy of your passport pages and a SAE to wherever you want the acknowledgment to go - not that you'd probably care.

 

Then you know you won't get trouble next time.

Since his due date is tomorrow (12th) he has missed the bus for reporting by snail mail (for which the deadline for receipt at his local immigration office is 7 days beforehand).

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On 10/25/2016 at 1:11 PM, BritTim said:

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.

I've left on day 91 or 92 a number of times. I never had a problem. I'm not saying it can't be a problem, just that it wasn't. I always made sure the report form is removed from my passport.

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On 12/11/2017 at 7:35 PM, tropo said:

I've left on day 91 or 92 a number of times. I never had a problem. I'm not saying it can't be a problem, just that it wasn't. I always made sure the report form is removed from my passport.

They say the person who stamps your passport when you leave Thailand will not fine you but the people at your local Immigration Office (where you often report) might do.

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Thanks all for replying to my question. As far as I know, if I hit someone which is a serious case, I'm fined with 500 Baht. Just wondering why forgetting to report might give me a 2000 Baht fine (or even more) when it's not causing any damage or crisis. I'm here with a Thai husband in the same house since the beginning for more than 10 years now. I can't see any danger for not reporting within the 97-day time frame as once a year, I confirm my address in the khor yoo tor TM7 form and I often go out of Thailand a few times a year. Why they make it a serious case is beyond me.

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58 minutes ago, Xiao said:

Thanks all for replying to my question. As far as I know, if I hit someone which is a serious case, I'm fined with 500 Baht. Just wondering why forgetting to report might give me a 2000 Baht fine (or even more) when it's not causing any damage or crisis. I'm here with a Thai husband in the same house since the beginning for more than 10 years now. I can't see any danger for not reporting within the 97-day time frame as once a year, I confirm my address in the khor yoo tor TM7 form and I often go out of Thailand a few times a year. Why they make it a serious case is beyond me.

I absolutely agree with you. The fact is that law (not only in Thailand) sometimes has very little to do with logic. If societies always operated rationally, the world would look very different. In fact, national borders and concepts of us and them would not even exist.

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