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Author Topic: Much harsher penalties for failing to report foreigners staying in Thailand  (Read 1894 times)

Rex (Admin)

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On the several ThaiVisa treads discussing this, I can't recall anyone mentioning the TM28. And everyone talks about filing the TM30 themselves (not their landlord).  I wonder if they know the difference? 

One guy had a story about his Thai g/f staying at his condo while he was in Europe. Unbeknownst to him, she had two foreigners staying there.  Guess what happened?  he got fined for not filing the TM30 even though he didn't know anything about it!

Rex (Admin)

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You all are absolutely correct.  So, this is what was explained to my wife.  If the foreigner leaves for several days and checks into a hotel/resort, etc, the hotel/resort owner (in a perfect world), submits the information to immigration of the farang staying at their facility.  The farang leaves and goes back to his 'permanent' residence in Thailand.  BUT DOES NOT INFORM THE LANDLORD/OWNER THAT HE IS BACK.


Who is at fault?  Come to your own conclusions, but IMM says it is the fault of the foreigner of not informing the landlord/owner that he left and had now returned.  All this is surmised that the hotel/resort informs IMM of the farang staying in their facility.


It is no different than when you go on a trip to somewhere outside the province with wife/gf (from her residence), and when you come back she goes to IMM to submit a Form 30.


But it is all your own decision of what you plan on doing!


Frank, thanks for posting this. You bring up some good points.  Assuming that what you are saying is correct (and I am not completely sure that it is), the slimy foreigner's obligation (assuming that it is indeed a legitimate obligation) is to report to the owner, NOT to Immigration. The responsibility for filing the TM30 still belongs to the owner, not with the slimy foreigner.  In theory, the slimy foreigner sends a registered letter (or some other means that constitutes proof of compliance) to owner announcing his return, and he's out of it at that point. No?


Disclaimer: I realize that being married to or in a relationship with owner presents a different set of dynamics, but that is not what I am addressing here.


Actually, I want to slightly amend what I said above.


Frank you said  The farang leaves and goes back to his 'permanent' residence in Thailand.  BUT DOES NOT INFORM THE LANDLORD/OWNER THAT HE IS BACK . . ."

While that is perfectly logical (How could the landlord be expected to do TM30 if he was unaware of the comings and goings of slimy foreigner?)  However, I have never read that the slimy foreigner is actually required to report himself to his landlord. Most or all of these unintended complications do not occur when we are talking about hotels and such. You don't stay at a hotel without reporting your comings and goings, obviously. However, at the level of long-term rentals or even house guests, it's like a trip down the rabbit hole.

fceligoj

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Quote from Rex, "One guy had a story about his Thai g/f staying at his condo while he was in Europe. Unbeknownst to him, she had two foreigners staying there.  Guess what happened?  he got fined for not filing the TM30 even though he didn't know anything about it!"

I think you answered one of the issues with this statement.

Only reason I brought up Form TM28, was your statement of possibly staying at a temple or going camping.  I doubt in either case, you will have those responsible submitting a TM30 for you staying at the campground or temple.

When we go camping and stay in a tent, someone comes by collecting the 30 baht and that's it.

If they are seriously interested, someone should possibly go to Khon Kaen Immigration and ask the question about TM28, or maybe no one wants to hear the REAL response!
« Last Edit: April 03, 2019, 07:10:38 AM by Rex (Admin) »

Savannah20

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TM28 I'm Going, Hotel I'm Here, TM30 I'm Back, 90 Day Report I'm Still Here, Extension I Want To Be Here Some More

fceligoj

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Quote from Rex. "Not quite, Frank. If the law is to be taken literally and complied with meticulously, your friend's tenant in Phuket would have to dutifully report to friend every time he left Phuket, which hypothetically could be quite often if the guy does business or just likes to travel around.  As friend is in Khon Kaen, not Phuket, I guess his only alternative would be to find a management company he felt he could rely upon to do the reporting."


Guess the mgt company does not want to be the juristic person to submit the required Form TM30.  ]He had that before, but a new mgt ]company] which covers everyone in the condo complex who rents their condos, only way to get reasonable number of guests to rent.

]He just went down to Phuket to discuss all the issues besides the renting.  And like you said, the person renting for the 30 + days is in and out.  So the mgt company will inform him when the guest departs and arrives again so that he can complete the online Form TM30 and submit to Phuket Immigration.
« Last Edit: April 03, 2019, 09:57:29 AM by Rex (Admin) »

fceligoj

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Reply to Savannah20,  you hit the nail on the head.  But what else do we retirees have to do with our lives?

fceligoj

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Quote from Rex. "Not quite, Frank. If the law is to be taken literally and complied with meticulously, your friend's tenant in Phuket would have to dutifully report to friend every time he left Phuket, which hypothetically could be quite often if the guy does business or just likes to travel around.  As friend is in Khon Kaen, not Phuket, I guess his only alternative would be to find a management company he felt he could rely upon to do the reporting."Guess the mgt company does not want to be the juristic person to submit the required Form TM30.  He had that before, but a new mgt [size=78%]company[/size] which covers everyone in the condo complex who rents their condos, only way to get reasonable number of guests to rent.He just went down to Phuket to discuss all the issues besides the renting.  And like you said, the person renting for the 30 + days is in and out.  So the mgt company will inform him when the guest departs and arrives again so that he can complete the online Form TM30 and submit to Phuket Immigration.

Savannah20

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Update 2: Got their email. I clicked on the link in the email which was a typical way to confirm my email address was correct. I went back to the Immigration Bureau site and click on register and then click on check status. Sure enough the application is there and says approval or non approval will be determined by KK Immigration with 7 business days. Stay tuned.            https://extranet.immigration.go.th/fn24online/


Update 3:
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Your registration was successful
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Savannah20

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Update 4: Got the email with user name and password supplied. Logged right in with the supplied credentials and changed the password to one I created. There is a form to fill in with no surprising questions, name, passport, landing card number, arrival date etc. Click on the "record" button and all is done. I now stay at the house owned by my wife. At the end of the process I did not see anything I could print and put in my passport. I need to do my 90 day report before water festival starts so will ask them to check and see if I did it in a manner that makes them happy. I might take some doughnuts with me. A hungry group works at the immigration office.