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Failed To Do 90 Days Report


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#51 lopburi3

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Posted 2012-02-13 20:28:30

The fine is 2,000 baht for overstay or 5,000 baht with attitude.  The 200 baht per day is excess beyond fine if you fail to pay.


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Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be
punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for
each day which passes until the law is complied with.

The reporting is 15 days early to 7 days late if doing in person.


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Procedure and notification
The foreigner makes the notification in person, or
The foreigner authorises another person to make the notification, or
The foreigner makes the notification by registered mail.
The notification must be made within 15 days before or 7 days after the period of 90 days expires.
The first application for extension of stay by the foreigner is equivalent to the notification of staying in the Kingdom over 90 days.


#52 mcgriffith

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Posted 2012-02-13 20:41:27

My bad also in my earlier comment re: 2000 B for failing to make a 90 day address report on time.
It is a fine up to 5000 B.

The real confusion among many regarding the 90 day address reporting is this:

The 90 day address reporting is a policy that applies to all foreign residents who are here for more than 90 days at a time.
They are required to let Immigration know their current address. That is all.

It has absolutely nothing to do with your visa, or visa extension. It does not validate your continued stay in Thailand under whatever visa or visa extension you have.

The dates of your visa, or visa extension, may or may not coincide with your 90 day address reporting date. You leave the country, you reset the 90 day address reporting clock. Your visa, or visa extension could well be on another time cycle.

I have friends who looked at that little piece of paper (TM47 90 day address reporting stub) and assumed the date stamped in red for the next reporting, was the next renewal. It is not, and there is a clear warning on this paper stub stating the same.

I have other friends, who didn't do address reporting for....shall we say way more than a month or 2. Took the paper (the TM47 address reporting stub) out of their passport, and flew or walked out with no issue. Why? Because when you are exiting the Kingdom, the 90 day address reporting thing becomes moot, as in a non-issue.

The TM47 address reporting is (and I am belaboring the point) completely separate from one's visa or visa extension.

#53 lopburi3

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Posted 2012-02-13 20:51:57

True except for the first extension which is considered your first report and 90 day count starts from that application date.

#54 mcgriffith

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Posted 2012-02-13 21:45:56

Absolutely correct, lopburi3 (who is by the way is our most gifted mod regarding all things Thai Visa related).

Let me explain this misconception about 90 day address reporting in another way.

I'll use the example of Mr/Ms, X, Y and Z.

Mr. X enters the Kingdom on a Tourist Visa, issued in Bonn. Decides he wants to stay in Thailand and make a home here.
So Mr. X goes to Penang, Malaysia and applies for a non-immigrant category "O" (as in "Other") visa.
He gets a 90 day non-immigrant category "O" visa, extendable on expiry up to 1 year.
He applies for an extension at CM Imm, based on retirement. He gets an additional 9 months (3+9=12).
After that, he is issued an extension good for 12 months at a time.

Mr Y applies for a non-immigrant category "O" visa in Los Angeles, good for 1 year. He arrives in Thailand on his 1 year visa, but has to exit the Kingdom every 90 days to maintain the validity of his visa.

Ms. Z is a businesswomen, running an export business who has a non-immigrant category "B" (as in Business). Even though she's been here for 18 years exporting essential oils for perfume production to Paris, she has to leave the Kingdom every 90 days under this visa scheme.

The confusion arises when people who come here under the above examples, and the myriad numerous other permutations of personal examples....have this 90 day thing stick in their head, when they convert to a retirement or matrimonial or whatever extension, good for 1 year.

People here under non-imm cat O, B, etc. have to leave the country every 90 days to maintain the validity of their visa.
People here on extensions, good for 1 year, have to do address reporting every 90 days after their first entry, until they exit again. Which resets the clock.

The 2 different "90 day" things have nothing whatsoever in common.

#55 uptheos

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Posted 2012-02-13 22:17:51

View Postmcgriffith, on 2012-02-13 21:45:56, said:

Absolutely correct, lopburi3 (who is by the way is our most gifted mod regarding all things Thai Visa related).

Let me explain this misconception about 90 day address reporting in another way.

I'll use the example of Mr/Ms, X, Y and Z.

Mr. X enters the Kingdom on a Tourist Visa, issued in Bonn. Decides he wants to stay in Thailand and make a home here.
So Mr. X goes to Penang, Malaysia and applies for a non-immigrant category "O" (as in "Other") visa.
He gets a 90 day non-immigrant category "O" visa, extendable on expiry up to 1 year.
He applies for an extension at CM Imm, based on retirement. He gets an additional 9 months (3+9=12).
After that, he is issued an extension good for 12 months at a time.

Mr Y applies for a non-immigrant category "O" visa in Los Angeles, good for 1 year. He arrives in Thailand on his 1 year visa, but has to exit the Kingdom every 90 days to maintain the validity of his visa.

Ms. Z is a businesswomen, running an export business who has a non-immigrant category "B" (as in Business). Even though she's been here for 18 years exporting essential oils for perfume production to Paris, she has to leave the Kingdom every 90 days under this visa scheme.

The confusion arises when people who come here under the above examples, and the myriad numerous other permutations of personal examples....have this 90 day thing stick in their head, when they convert to a retirement or matrimonial or whatever extension, good for 1 year.

People here under non-imm cat O, B, etc. have to leave the country every 90 days to maintain the validity of their visa.
People here on extensions, good for 1 year, have to do address reporting every 90 days after their first entry, until they exit again. Which resets the clock.

The 2 different "90 day" things have nothing whatsoever in common.

We will soon be offered courses in 90 day reporting.Posted Image

#56 WunMoneyBunny

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Posted 2012-02-14 05:54:11

(01)   This 90-day reporting issue has raised its ugly head in one form or another on many previous ThaiVisa forums. In a reasonably recent one (www.thaivisa.com/forum/topic/486830-90-day-reporting-why/ dated 2011-07-30), the following statement was posted:

(01a) #40Tao: "Last year, I asked a senior official at IMMO/Bkk why they required the 90-day report. She said that it was needed "in case the foreigner has a problem...." My interpretation is that they wanted to be able to track you down if you were on some "wanted" list."

(02)   My immediate thoughts were that this is one of the few, if not the only potentially legitimate explanation that I've seen posted for the "reason" for the 90-day report.  I stress "reason" for the 90-day report, rather than the laws or regulations that establish it. It's also worth noting that this explanation has come from a Thai Immigration Office (TIO) "senior official", rather than just some minion in the TIO. This seems to add weight to its authenticity, but it nonetheless, could still be just an opinion of that senior official, rather than an absolute statement of official Thai policy. In the absence of any statement of which I am aware, from any official Thai policymaker as to the practical "reason" for such a policy, or any evidence that such a practical "reason" actually does or ever did exist, then it is worth analysing this senior official's statement.

(03)   Pardon my cynicism in this analysis, but the senior official's statement is so preposterous that it's hard not to be sceptical. Let me explain by asking some hypothetical questions.

(04)   Could this "wanted" list be a "security-threat wanted" list, because the immigrant/alien/foreigner involved has just been reported as being a nefarious individual, & so should be put behind bars ASAP ("steel-type" bars that is, not "Pattaya-type")? Could that list be presented as: "Wanted for flying large a/c into tall buildings without official approval or ATC clearance" or "Wanted for being a suspected 'Transformer' that is alleged to self-convert rapidly from human form into a 10-legged monster or 22-wheeled machine that then consumes 30 Thai Nationals in a single gulp"?  If so, then does any law-abiding immigrant/alien/foreigner, or any supposedly well-meaning TIO official really believe that such a "wanted" individual/transformer would comply with the 90-day reporting regulations, or would provide an honest & correct address? I may be the one that's naive, but I strongly doubt it!

(04a)   NOTE: This posting continues in Para (05) in the WunMoneyBunny post that immediately follows this.

Edited by WunMoneyBunny, 2012-02-14 05:57:10.


#57 WunMoneyBunny

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Posted 2012-02-14 05:59:37

(05)   On the other hand, any law-abiding immigrant/alien/foreigner could be on a "non-threatening wanted" list because for example, he/she should return to his/her home country immediately, owing to a critically ill member of the family. Here's another example: the law-abiding foreigner could be on a "non-threatening wanted" list because a benevolent but ailing Nigerian gentleman requires his/her bank account details immediately to enable the deposit of a very large sum of money before the Nigerian croaks. If that is the case, then the first place that the TIO authorities should & probably would contact is the foreigner's embassy or consulate, & leave the searching up to them. The foreigner is expected to keep his/her embassy informed for just such a purpose, but if the foreigner chooses to do otherwise, then he/she will suffer the consequences of not being contactable, not the TIO. "Bye bye never-to-be-seen-again NOK (sob)", or "Bye bye large sum of money (considerable sob)!"

(06)   Even if the TIO officials did extend themselves by offering assistance in locating a "non-threatening" foreigner, the extra but very occasional effort required to achieve that, would be far outweighed by all the extra effort involved in the constant receipt & processing by the TIO of the hundreds of thousands of 90 day reports. This even assumes that the "non-threatening" foreigner is not at his/her address or mobile phone number, as would or could be stated in the documents for the annual renewal of the foreigner's Thai Visa. The chances that the stated address &/or mobile phone number would be invalid or out of date, are extremely remote, especially for retired foreigners who would tend to remain in the property that they have purchased in Thailand. As a result, I can see no justification whatsoever in this ridiculous 90 day reporting practice.

(07)   Please don't tell me it must be done "because it's the law"! I may be quoting a pair of cliches here, but I think it's appropriate to say in this case that "The law is an ass", & "It's been made for the guidance of wise men & the obeyance of fools". I like to think that a large percentage of foreigners who have retired to Thailand, are not in the category of "fools"!

(08)   So, does any ThaiVisa member have such an answer? If so, it could the beginnings of a possibly more involved question: "What is the meaning of life"?

(08a)   NOTE: This posting continues in Para (09) in the WunMoneyBunny post that immediately follows this.

Edited by WunMoneyBunny, 2012-02-14 06:19:03.


#58 WunMoneyBunny

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Posted 2012-02-14 06:01:29

(09)   What we're looking for here is some justification for the existence of the law; some practical, genuine & intelligent reason as to why it was formulated in the first place. If this relatively simple question could be answered satisfactorily, then perhaps those law-abiding foreigners who currently take exception to this reporting requirement, might feel more inclined to respect the regulation, or to dutifully pay the relevant fine when they have failed to comply. Alternatively, they might not be tempted to avoid the regulation by using any one of a number of possibly legal or somewhat dubious procedures that are recorded in this & other forums. These retired foreigners might then also show some compassion for the considerable number of TIO minions, who are destined to spend a large portion of their life, processing these reports.

(10)   Please put us out of our collective misery by providing an answer, if you can. Otherwise, just post "I agree" or words to that effect, or click on "Like This". Believe it or not, this is the end of this post.

#59 WinnieTheKhwai

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Posted 2012-02-14 07:12:00

View Postmcgriffith, on 2012-02-13 20:41:27, said:

I have other friends, who didn't do address reporting for....shall we say way more than a month or 2. Took the paper (the TM47 address reporting stub) out of their passport, and flew or walked out with no issue. Why? Because when you are exiting the Kingdom, the 90 day address reporting thing becomes moot, as in a non-issue.

As have I.  But be careful saying that here, or it gets called "blattant bull" (sic)

#60 Ricardo

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Posted 2012-02-14 07:14:16

View Postuptheos, on 2012-02-13 22:17:51, said:

We will soon be offered courses in 90 day reporting.Posted Image
Presumably to be run every 3 months ? Posted Image

#61 uptheos

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Posted 2012-02-14 09:29:14

View PostRicardo, on 2012-02-14 07:14:16, said:

View Postuptheos, on 2012-02-13 22:17:51, said:

We will soon be offered courses in 90 day reporting.Posted Image
Presumably to be run every 3 months ? Posted Image
Good one Posted Image



 


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