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Author Topic: Bangkok Immigration Office on Submitting Form TM30  (Read 686 times)

fceligoj

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Re: Bangkok Immigration Office on Submitting Form TM30
« Reply #15 on: August 31, 2019, 05:14:53 PM »
I was always under the impression that Form 28 was to be used for a change of your "permanent" address.  Read the fine print at the end of the form.  My interpretation is you have 24 hours to report a move within the same province and 48 hours if your move is to another province.

I did a Form 28 when I moved from the Village of Chollada to a house in Toomnoi and then one from Toomnoi to my present address in Phapirom Park Ville.  Now I have a Yellow Book, no rental agreement as before which was a pain in the arse.

Rex (Admin)

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Foreigners to file TM28 NOT TM30 ????
« Reply #16 on: August 31, 2019, 07:39:32 PM »
Well, this is certainly crazy-making!   Please confirm or correct my recollection of the past several months of discussions here, on ThaiVisa.com and elsewhere:

1. I cannot recall any mention of the TM28 in months of discussions. Can you?

2. In spite of what Col Nareuwat Putthawiro said (below), I seem to recall many reports of foreigners being held accountable by the local IO for not having a TM30. No?* 

Phuket News => http://bit.ly/2HBLhb5 “No, we don’t hold foreigners responsible for filing the TM30. Foreigners just need to make sure that they fill in a TM28. The TM30 is the landlord’s job,” Phuket Immigration Deputy Chief Col Nareuwat Putthawiro said plainly on Wednesday (Aug 28) . . ."

This is uncharacteristically direct and unambiguous language. Not only that, but Col. Putthawiro then goes on to restate and confirm the same thing several times throughout the article.

-------

*Not to say "I told you so," but I TOLD YOU SO months ago when these discussions first started appearing and falang seemed to be bending over backwards to volunteer up a TM30 without being asked. I told you that this would just training Imm to begin regarding it as the responsibility of the falang when the law was always clear that it was the owner's responsibility.

 
« Last Edit: August 31, 2019, 07:42:04 PM by Rex (Admin) »

Rex (Admin)

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Phuket Immigration explain TM30 and TM28 requirements
« Reply #17 on: August 31, 2019, 07:47:45 PM »
Right on time: Phuket Immigration explain TM30 and TM28 requirements for reporting foreigners
PHUKET: Phuket Immigration this week made it very clear that foreigners applying for any extension of stay will not be held liable for filing the TM30 form, made infamous in recent weeks by waves of confusion elsewhere in the country.


Saturday 31 August 2019, 09:00AM

Full text of the article, courtesy of Phuket News => http://bit.ly/2HBLhb5

“No, we don’t hold foreigners responsible for filing the TM30. Foreigners just need to make sure that they fill in a TM28. The TM30 is the landlord’s job,” Phuket Immigration Deputy Chief Col Nareuwat Putthawiro said plainly on Wednesday (Aug 28).

The TM30 is the form for landlords to report to Immigration within 24 hours of the arrival of any foreign tenants, as required under Section 38 of the Thailand Immigration Act of 1979.

The TM28 form is for foreigners to report themselves to Immigration after staying away from their registered address for more than 24 hours, as required under Section 37 (c) of the same act.

“The TM30 is the house owner’s responsibility, whether the home owner is a Thai or a foreigner,” Col Nareuwat said.

If a landlord refuses to – or is unable to – comply by filing a TM30 to report the foreigner as staying, or returning to stay, at the foreigner’s registered address, that is not the foreigner’s responsibliity, Col Nareuwat explained.

“All the foreigner has to do is submit a TM28. That’s all the foreigner is responsible for. If the foreigner is applying for an extension to stay, they need not worry about whether or not their landlord has reported them through a TM30 – it will not affect the foreigner’s application,” he added.

“They will not be told to leave the Kingdom if their landlord has not filed a TM30 reporting them,” he assured.

However, the requirement for foreigners to re-report themselves as staying at – or returning to – their registered address within 24 hours of their arrival by filing a TM28 remains in effect, Col Nareuwat told The Phuket News.

Asked whether foreigners must submit a completed TM28 every time they return to their registered address, Col Nareuwat said, “Yes, they must do.”

Col Nareuwat added that filing a TM28 remains separate from the 90-day reporting requirement, as completed by filing a TM47.

“Yes, please also file a TM47 every 90 days as normal,” he said.


Landlords who fail to report foreigners staying on their property will be fined, Col Nareuwat said.

“If the landlord ignores this (filing the TM30), they will be fined up to B2,000,” he assured.

“The fine under Section 77 of the act is actually up to B10,000, but the higher fines are used only for hotels or guesthouses that willfully ignore the requirement.

“A foreigner who has filed a TM28 will not be fined for the landlord failing to uphold their responsibility because the foreigner has informed us,” he repeated.

“But if a landlord is intentionally slow or delays in filing a TM30, they will be charged by Immigration police,” he said.

In defining “slow”, Col Nareuwat explained that officers will allow for “reasonable” delays, such as the Section 38 app launched by the Immigration Bureau expressly for filing TM30 reports online failing to work or if the foreigner returns to the registered address during a period when the Immigration office is closed.

“The law is very clear in that it says the reporting must be done within 24 hours, but as long as the landlord – Thai or foreign – has made an attempt to file the report and is not intentionally ignoring their responsibility, we will consider their explanation,” he said.

Col Nareuwat urged any landlords (for TM30) or foreigners (for TM28) who find themselves unable to file the report within the time frame permitted to take steps to prove the attempt to file the report.

“If the Section 38 app is not working, then take a screenshot so we can see it. But please make an effort after that to file your report as soon as possible after that,” he said.

“As long as the person is making a genuine effort to file the report, they won’t be fined. We just want them to do their part.

“If there is a genuine reason why the report could not be filed in the appropriate time, and the person can show us, then they can come to the Immigration Office at the next available opportunity. That’s fine,” he added.

Full text of the article, courtesy of Phuket News => http://bit.ly/2HBLhb5



 

fceligoj

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Re: Bangkok Immigration Office on Submitting Form TM30
« Reply #18 on: September 01, 2019, 10:55:52 AM »
Rex, et al, like I said, read the fine print on the Form 28.  I have submitted two Form 28's, both for changes of address because I moved to a new location.  Unless the good colonel from Phuket becomes the regional officer for Khon Kaen, why is anyone worried about Form 28?

When I was sitting at Immigration waiting my turn, the only ones getting fined were the wives/gfs who HAD NOT submitted the Form 30, NOT THE FARANG for not submitting a Form 28.  Maybe the issue about the refusal of accepting a 90-Day Report is tied back to the house master not submitting the Form 30 and having to pay a fine BEFORE THE 90-Day Report is accepted.  Or, to get the 90-Day Report accepted required the farang to pay the fine FOR THE HOUSE MASTER?


Why don't we just ignore it and let the sleeping dog lie?  If it comes up for one of our members, then we can know what the requirement in KHON KAEN really is.

This is like making a mountain out of an ant hill!

Rex (Admin)

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Re: Bangkok Immigration Office on Submitting Form TM30
« Reply #19 on: September 01, 2019, 12:10:07 PM »
This stuff always seems to come out of Phuket. You get the impression that Phuket Imm represents some kind of regional authority in the Imm hierarchy.  There is nothing in the article to suggest that this TM28 business applies to Phuket only. Maybe it does, but I would like to know one way or the other.

screamer

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Foreign chambers push for TM30 review
« Reply #20 on: September 01, 2019, 04:08:08 PM »
The Joint Foreign Chambers of Commerce in Thailand (JFCCT) has proposed a significant review of the Immigration Bureau's TM30 reporting requirement for foreign students, retirees and expatriates due to its negative impacts, and has urged deeper regulatory reform over the medium to long term.

https://www.bangkokpost.com/thailand/general/1739755/jfcct-issues-call-for-major-tm30-review


« Last Edit: September 01, 2019, 05:11:34 PM by Rex (Admin) »