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Consequences of leaving Thailand 5 days after 90 day report due?

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Is this a potential issue or because it is within the 7 day grace period a non-issue?

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It depends if you will be coming back, and using the same immigration office in the future.

 

No check on 90-day reporting compliance is done at the airport. Thus, you will have no problems leaving or returning to Thailand. However, if you subsequently visit the same immigration office you used in the past, they will likely discover that you did not do the report. Having been 90 days in the country, a report was required. A grace period to submit the report is granted, but leaving the country is not counted as a report.

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There is a 7 day before and after clause. You leave within those 7 days, you are cleared.  You left the country. 

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above incorrect; 14 days before, 7 days after the due date

no problem leaving, ur 90 day reset when u re enter.

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2 minutes ago, phuketrichard said:

above incorrect; 14 days before, 7 days after the due date

The 7 days after is to do the report. Leaving the country is not doing a report.

Not likely to happen but if an officer was to notice you failed to do the report before leaving the could fine you for not doing it.   

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2 hours ago, ubonjoe said:

The 7 days after is to do the report. Leaving the country is not doing a report.

Not likely to happen but if an officer was to notice you failed to do the report before leaving the could fine you for not doing it.   

AS UbonJoe said, I was "caught" and fined once because I forgot about reporting until 2 weeks after the due date.  The Immigration Officer fined me for being 14 days late and explained that days 1 to 7 were over due days but did not incur a fine until day 8 and beyond.   It was not the amount of the fine that caught my attention but the receipt saying 14 days late. 

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6 hours ago, Somtamnication said:

There is a 7 day before and after clause. You leave within those 7 days, you are cleared.  You left the country. 

That is incorrect. The 7 day grace period after the report date is only applicable if you (or representative) are attending to do the report in person. And I believe it is 14 days before.

Edited by chrisinth

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10 hours ago, BritTim said:

It depends if you will be coming back, and using the same immigration office in the future.

 

No check on 90-day reporting compliance is done at the airport. Thus, you will have no problems leaving or returning to Thailand. However, if you subsequently visit the same immigration office you used in the past, they will likely discover that you did not do the report. Having been 90 days in the country, a report was required. A grace period to submit the report is granted, but leaving the country is not counted as a report.

Correct, leaving the country doesn't count as a report, but leaving stops the clock.

 

Although a report becomes due at midnight on day 90 the OP will only be in the country continuously for 95 days, and only people staying in the country longer than 97 days can be fined. How can immigration, based on their own rules, fine someone that stayed in the country 95 days without reporting?

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3 hours ago, elviajero said:

Correct, leaving the country doesn't count as a report, but leaving stops the clock.

 

Although a report becomes due at midnight on day 90 the OP will only be in the country continuously for 95 days, and only people staying in the country longer than 97 days can be fined. How can immigration, based on their own rules, fine someone that stayed in the country 95 days without reporting?

The law says you must report if in the country longer than 90 days, not 97 days. If you report before day 97, you are in compliance with the law. Your interpretation is equivalent to reporting every 97 days with no grace period of 7 days to make the report. That is not the intent of allowing the report a few days late. If you are in the country for 90+ days, and do not report by the end of the grace period, you are in violation of the rules. Leaving during the grace period does not remove the requirement to report. Leaving on day 92, returning on day 95 and reporting on day 96 would, however, be legal, although strange because usually the new entry starts the clock on a new 90 days..

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2 hours ago, BritTim said:

The law says you must report if in the country longer than 90 days, not 97 days. If you report before day 97, you are in compliance with the law. Your interpretation is equivalent to reporting every 97 days with no grace period of 7 days to make the report. That is not the intent of allowing the report a few days late. If you are in the country for 90+ days, and do not report by the end of the grace period, you are in violation of the rules. Leaving during the grace period does not remove the requirement to report. Leaving on day 92, returning on day 95 and reporting on day 96 would, however, be legal, although strange because usually the new entry starts the clock on a new 90 days..

You didn't answer my question.

 

The law says you have to report having stayed in the country longer than 90 continuos days. That means the first day you can report is day 91. Fortunately immigration give a 3 week window for people to comply. As they have to give extra time for obvious practical reasons they cannot fine someone for reporting during that extra time.

 

I accept that a report becomes due at midnight on day 90 etc., however, the OP will only be staying in the country for a total of 95 days. Only people that report on or after day 97, having continuously stayed in the country for 97+ can be fined.

 

So, how can immigration, based on their own rules, fine someone that only stayed in the country 95 days without reporting? 

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2 hours ago, elviajero said:

The law says you have to report having stayed in the country longer than 90 continuos days. That means the first day you can report is day 91

No, the first day you can report is day 77 (you are allowed to report up to 14 days early or 7 days late, as long as you do report).

 

2 hours ago, elviajero said:

I accept that a report becomes due at midnight on day 90 etc., however, the OP will only be staying in the country for a total of 95 days. Only people that report on or after day 97, having continuously stayed in the country for 97+ can be fined.

No, people who stayed in the country longer than 90 days and did not report between day 77 and day 97 can be fined. The law does not say you must report if in the country more than 97 days.

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Imm. will sometimes let you report much earlier than 14 days before, if you are doing an extension at the same time, in order to align the dates...

Although if you do 90 day reports on line you loose 1-2 weeks each time and so will be out of phase again come the following year.

 

OP could simply do his 90 day report on-line to save any potential future hassles.

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8 hours ago, elviajero said:

I accept that a report becomes due at midnight on day 90 etc., however, the OP will only be staying in the country for a total of 95 days. Only people that report on or after day 97, having continuously stayed in the country for 97+ can be fined.

The fine would be imposed if he fails to do the report by the 97th day, but the obligation to make a report begins at the end of the 90th day. 

 

If he leaves the country and returns, since the report would not have been made on or before the 97th day, he could be fined if someone at his immigration office notices the report was never made.

 

He wouldn't be fined on the 95th day and if he was leaving the country permanently then, he would have no further interactions with Thai immigrations so it wouldn't matter, but since the obligation to report was never met, potentially it could come back to bite him in the derriere in future if he returned to Thailand.

 

 

Edited by Suradit69

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BANGKOK 12 December 2017 09:19
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