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Author Topic: foreigners to re-register addresses, even if staying away just one night  (Read 6580 times)

Rex (Admin)

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Sat 27 Jan 2018, 2:05 pm


Phuket Immigration chief urges foreigners to re-register addresses, even if staying off-island just one night



Chief of the Phuket Immigration Offce, Col Kathathorn Kumthieng,
urges foreigners to re-register their addresses, just in case. Photo: Shela Riva


The confirmation follows complaints from long-term expats that they were fined B2,000 for not re-registering their home addresses after travelling within the country.

“By law, it is a requirement to register your address within 24 hours after being registered elsewhere, such as at a hotel or a guesthouse,” Col Kathathorn told The Phuket News this week.

“This is because the hotel or guest house will have to register you, also by law, as residing somewhere other than your residence. So when you return to your residence, you must inform immigration,” he explained.

The same also applies for foreigners living in Phuket who leave the country and return, say for a weekend trip to Singapore.

Col Kathathorn played down concerns for honest, law-abiding expats.

“Although it is the law, if it’s a short stay, for example a day or two, and nothing happens to prompt officials to check then there usually won’t be a problem,” he said, for stays away from home within the country.

“However, if you become involved in an incident and become a suspect in a case for example, not re-registering your address will be a big problem. So it’s better if you do.”

Regardless, although the overall effect for most foreigners caught not re-registering their address each time on returning home to Phuket might be deemed negligible, foreigners will be liable to a B2,000 fine for each infringement and the incident will remain on their immigration record.




Col Kathathorn explained that the requirement for foreigners to re-register their address in Thailand, even if they have lived at the same address for many years, derives from an archaic immigration law, specifically Section 37 (2) of the Thailand Immigration Act of 1979.

Likewise, under Section 38 of the same act, the “master, the owner or the possessor of the residence, or the hotel manager where the alien, receiving permission to stay temporary in the Kingdom has stayed, must notify the competent official of the Immigration Office located in the same area with that hours, dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area, the local police official for that area must be notified.”

“It must be done because it’s the law. It’s the law in many countries,” Col Kathathorn said.

Col Kathathorn explained that in order to re-report an address, the foreigner must come to Phuket immigration offices, in Phuket Town or in Patong, in person and provide their passport, a filled-in TM30 form and a letter of authorisation – or literally a power of attorney empowering the foreigner to register details on the landlord’s behalf – if the landlord is not present.

“If it’s the same address as they were previously staying, the foreigner does not need to bring the rental contract proving their rental of the residence. We will have that information in the system,” Col Kathathorn noted.

“If you have this letter (of authorisation from the landlord), the landlord does not need to come to immigration,” he added.

 

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« Last Edit: January 27, 2018, 02:41:02 PM by Rex (Admin) »



stevve

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #1 on: January 27, 2018, 04:37:56 PM »
this must be new as I have never been informed of a requirement to inform immigration of my address. there is one where the hotel or the owner of the house is to inform immigration. at the moment I spend 1 month in Thailand and 2 months at home and if they require me to inform immigration of my address they should inform me when I enter the country.

TerryLH

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #2 on: January 27, 2018, 04:51:19 PM »
"Chief of the Phuket Immigration Offce, Col Kathathorn Kumthieng,
urges foreigners to re-register their addresses, just in case."

"The same also applies for foreigners living in Phuket who leave the country and return, say for a weekend trip to Singapore."

Rex (Admin)

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #3 on: January 27, 2018, 05:26:11 PM »
this must be new as I have never been informed of a requirement to inform immigration of my address. there is one where the hotel or the owner of the house is to inform immigration. at the moment I spend 1 month in Thailand and 2 months at home and if they require me to inform immigration of my address they should inform me when I enter the country.


Huh? You have always been required to report your addy every 90 days to Imm, although you can fulfill that by leaving and re-entering LOS. It is not entirely clear, but it sounds like in ADDITION to the 90 Day Report, you are now required to report again every time you are away from your home-base even if you do not leave the country.  It is also unclear whether this only applies to expats living in Phuket.

Pretty strange in any case.

fceligoj

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #4 on: January 27, 2018, 06:19:44 PM »
I thought I made this abundantly clear over a year ago, maybe two.  (Sounds like no one read the thread, Rex.  It is not just a requirement in Pattaya but all over Thailand.)  The head of the household has to submit a form to the immigration police, used to be in the office next to the immigration office, and I think it still is there.  It is NOT up to the EXPAT to do this, it is the person who is named in the Blue Book as the lead person at that household just like the form states.  I have done it every time I re-enter the country, from Bali, New Zealand, USA, etc.  When we travel within country, I get my wife to do all the hotel registration!


The Form is tm30, NOTIFICATION FROM/FOR HOUSEMASTER, OWNER OR THE POSSESSOR OF THE RESIDENCE WHERE ALIEN HAS STAYED.  It is incumbent of that person to prepare and get signed the form, or as the head of Pattaya's office said, the farang can do it with authorization of that person and submit it for execution.  It is 2 pages, the 1st page is like the other forms, but the 2nd page is where the foreigner is listed with his/her personal information.


If I remember correctly, about 2 years ago there was a big push here in Khon Kaen to do the process.  If not done, someone gets to pay a fine.


Stevve, just because you were not informed by someone about the law, does not absolve you and/or forgive the housemaster for this.  If you go on the IMMIGRATION website, there are quite a bit of information about what has to be done for all the various forms we and others have to fill out.

Rex (Admin)

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #5 on: January 27, 2018, 07:21:36 PM »
Frank, this is a badly written article, but I think you are not reading carefully  The requirement for the owner to file a TM30 is not discussed until the very end of the article as a second clause in the act. Note the word "likewise."

Quote
Likewise, under Section 38 of the same act, the “master, the owner or the possessor of the residence, or the hotel manager where the alien, receiving permission to stay temporary in the Kingdom has stayed, must notify the competent official of the Immigration Office


After that, it gets even more confusing, talking about the expat supplying the TM30 (after first getting a power of attorney allowing the foreigner to submit the form on behalf of the owner.  It doesn't say the owner and expat "may" prefer to do this if it is more convenient.  It makes it sound like the expat is expected/obligated to do it if the owner can't or won't!  That's completely nuts if I am reading it correctly.

However, back at the ranch,  the article opens with

Quote
The confirmation follows complaints from long-term expats that they were fined B2,000 for not re-registering their home addresses after travelling within the country.

It says the expat not the owner was fined.

Later on is says

Quote
However, if you become involved in an incident and become a suspect in a case for example, not re-registering your address will be a big problem. So it’s better if you do.

Somebody is confused!  If they are shifting the burden of filing the TM30 to the expat instead of the owner, they may be stepping outside of their authority.  Theoretically, they are only supposed to enforce immigration law, not legislate changes to the law.

So is this article about two separate issues or what?


JustinCase

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #6 on: January 27, 2018, 09:09:34 PM »
Rex,


Like Frank, I also commented about this nearly 2 years ago.


In REAL LIFE both the owner AND the Alien are being fined. This has been happening in Khon Kaen as well.


I seem to remember that you was totally uninterested in my previous comments and stated that your landlord could afford the fine.


There is little or no consistancy when you are asked about it, but make sure you have enough cash to pay the TB 800 or 1,600 when challenged.

Rex (Admin)

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #7 on: January 27, 2018, 09:31:06 PM »
Rex,


Like Frank, I also commented about this nearly 2 years ago.  In REAL LIFE both the owner AND the Alien are being fined. This has been happening in Khon Kaen as well. I seem to remember that you was totally uninterested in my previous comments and stated that your landlord could afford the fine.  There is little or no consistancy when you are asked about it, but make sure you have enough cash to pay the TB 800 or 1,600 when challenged.


I don't remember what I said or didn't say 2 years ago. However, I am glad to hear that my words carry enough weight that some people remember them two years later! 

Nonetheless, my position is and was that if it is the responsibility of the owner, then the owner should be responsible for being aware of the law and for  complying with it, and that the expat need not and should not get involved.  The obvious exception would be when one is married to the owner, but the law pertains to all owners, not just owners who are married to expats.


It was not and is not for a "lack of interest."  My concern was that if expats started sticking their noses into the process, the situation might evolve to where Immigration saw them as responsible for the owner's compliance.  Clearly that is exactly what seems to have happened, at least in Phuket where--if the article is accurate--the things have taken on a Kafkaesque quality.


fceligoj

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #8 on: January 28, 2018, 10:41:43 AM »
My wife and I have a reasonable relationship with two of the senior IMM officers.  Whether it is confusing or not, each time we would go in to submit the Form 30 and get a signature, Form 28 was never mentioned (maybe since I have a Yellow Book and we take that along.) 


If the foreigner wants to assist the owner or house master where he is staying, a 'copy' of the owner's Form 30, a copy of their Blue Book and their ID [/size](when the owner is not the spouse), bothsigned and dated, original signature not copies of old docs.  This way they do not have to be present.
[/size]
[/size]The last time I went in for my 90 day report, the IMM officer did check the Form 30 I had attached to my passport.



Pattaya and maybe some of the other resort cities (probably Bangkok also) have many serious issues with foreigners, and so maybe they go further than necessary to get a means of tracking the unsavory ones.  This probably affects those who are long term temporary residents who follow the immigration rules.


And yes, they did come to our house once to check if everything was correct.  They took pictures of us together, pictures of me with the police, etc.  Had me fill out some form (maybe a Form 28).  Never really checked, and they did not give me a copy.

russell17au

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #9 on: January 29, 2018, 08:54:01 AM »
There are 2 forms for notification of addresses
1: TM.30:  The house master is required to fill this in and submit within 24 hours
2: TM.28:  The alien must fill this in and submit within 24 hours IF you are going to be outside your residential PROVINCE for more than    24 hours. This form is to be submitted to either the local immigration office or the local police station. It does not change your residential address on your file.

kowpot

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #10 on: January 29, 2018, 10:37:58 AM »
I asked Khon Kaen immigration if I went to Laos for an overnight stay and then returned to Khon Kaen in a day or two. Do I need to come in and fill out another TM 30 or do I need to fill out a TM 28. The IO at the desk told me no. They don't bother with that. If only going for a short time not to worry about it. If I left the country on an extended vacation, then that would be a different thing.
 I have only ever turned in one TM 30 in all the years in Thailand and have never turned in or filled out a TM 28.

Rex (Admin)

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #11 on: January 29, 2018, 12:40:27 PM »
This is the first time I have heard of a TM28 and I have been in LOS nearly (Good gawd!) 20 years now!   

It is a really unfortunate way to run a railroad to have silly laws on the books that cannot be enforced, or can only be enforced sporadically or inconsistently.  Could you imagine if they actually enforced this and you travelled around a lot for business or whatever?

TerryLH

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #12 on: January 29, 2018, 01:44:12 PM »

2: TM.28:  The alien must fill this in and submit within 24 hours IF you are going to be outside your residential PROVINCE for more than    24 hours. This form is to be submitted to either the local immigration office or the local police station. It does not change your residential address on your file.


If used correctly, TM28 is done within 48 hours if you stay somewhere for 24 hours.
Practically, it's used to change your address when you move.

Kajornsak

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #13 on: January 30, 2018, 09:32:21 AM »
Ignore it. Don't go asking immigration questions about it too.

Rex (Admin)

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Re: foreigners to re-register addresses, even if staying away just one night
« Reply #14 on: January 30, 2018, 10:10:07 AM »
I agree, Kajornsak.  Don't go giving them ideas! 

I usually don't participate in the hysteria when falang complain about policy, but this thing is really disturbing to me.  Terry, it is much more than a "practical" matter.  It is already on the books. It is a switch they can turn on if and whenever they get a bee in their bonnet without the pesky  inconvenience of having to legislate it. Theoretically, they can use it any time they get pissed at someone as I reckon virtually 99% of peeps are non-compliant.