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TM28: Thai immigration scraps requirement for foreigners to report when they stay away from home for 24 hours

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There is some good news for foreigners in Thailand. 

Thai immigration have all but scrapped the controversial TM28 change of address reporting requirement for foreigners.

According to the new requirement, while TM28 is still listed, a long list of exceptions have been added, which for all intents and purposes means that almost no one is now required to submit a TM28 form. 

The list of exceptions, covered in sections 2.2 and 2.3 [here], includes just about every foreigner in Thailand, from diplomats and those performing official duties through to students, those working in Thailand, foreigners married to a Thai or who are a parent to a Thai child and those staying in Thailand for retirement. 

According to the immigration website, the regulation regarding TM28 is dated February 14 but came into effect on January 28.

However, foreigners need to be aware that they are still required to inform immigration if they change address permanently. [This is covered in form TM27].

For example, if you rent a condo for say 6 months then you move to live in another condo, you need to inform immigration of your new address.

The previous requirement stated that foreigners who had stayed in another province for more than 24 hours were required to inform their local immigration office when they returned.

For example, if a foreigner who lives in Pattaya went and stayed at a friend’s place in Bangkok overnight, they would be required to inform immigration once they returned to Pattaya.

The reality was TM28, which is listed under section 37 of the Immigration Act and has been a requirement since 1979, was seldom enforced by Thai immigration and hardly ever completed by foreigners after returning from an overnight stay elsewhere in Thailand. 

Many foreigners, including those who have lived in Thailand for a number of years, didn’t even know the requirement existed. 

At least that was the case until last year when TM28 briefly started being more strictly enforced by some immigration offices. 

This coincided with immigration also strictly enforcing TM30 - the requirement for hotels, guesthouses and property owners to report foreigners staying at their address. 

(TM30 often gets confused with TM28, with TM30 sometimes used as a kind of catch-all term to describe both but they are actually two separate requirements - and TM30 is still required.).

The sudden enforcement of both TM28 and TM30 resulted in Thai immigration being on the receiving end of fierce criticism from the expat community and foreign business leaders in Thailand, who said TM28 was not just inconvenient but archaic, draconian and not fit for purpose today.

A group of expats in Thailand even launched an online petition calling for the TM28 and TM30 to be abolished.

And while the petition failed to reach its target for sign ups, it undoubtedly helped to bring the issue to the attention of senior immigration officials in Thailand.  

The subject also received widespread negative coverage in both Thai and English language media in Thailand and was also covered by international news outlets including the BBC and Nikkei Asian Review. 

The updated regulation regarding TM28 can be found on the Immigration website:

https://www.immigration.go.th/read?content_id=5e468147cf638702b11f9cb9

thaivisa.com

 

 

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There are also reports that Jomtien Immigration is no longer demanding that people doing a retirement extension based on 800K Baht in the bank return after 3 months to show they still have at least 400 K in the account. This particular annoyance seems to have been an exclusive invention of the Jomtien Immigration people, nowhere else in Thailand was asking for it.

So all it took for them to roll back these silly requirements that only affected expats living here was to lose 10 million Chinese tourists? Nice to see that we're so beloved by the authorities!

I expect when the Chinese eventually return we'll be forced back into doing TM27, 28, 29 and 30, as well as TM99, 99a, 99b, and 99c.

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4 hours ago, Toy Boy said:

There are also reports that Jomtien Immigration is no longer demanding that people doing a retirement extension based on 800K Baht in the bank return after 3 months to show they still have at least 400 K in the account. This particular annoyance seems to have been an exclusive invention of the Jomtien Immigration people, nowhere else in Thailand was asking for it.

So all it took for them to roll back these silly requirements that only affected expats living here was to lose 10 million Chinese tourists? Nice to see that we're so beloved by the authorities!

I expect when the Chinese eventually return we'll be forced back into doing TM27, 28, 29 and 30, as well as TM99, 99a, 99b, and 99c.

The 90 day financial report wasn't an invention of Jomtien Immigration. Based on your post though it sounds like they've decided it's not worth their time to check, so have decided to not enforce that aspect of the extension to stay based on retirement. I wouldn't be surprised though when you go for you annual renewal they check to make sure the 400k was in the bank for the prior year. That would be a common sense approach to enforcing the requirement.

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44 minutes ago, forcebwithu said:

The 90 day financial report wasn't an invention of Jomtien Immigration. Based on your post though it sounds like they've decided it's not worth their time to check, so have decided to not enforce that aspect of the extension to stay based on retirement. I wouldn't be surprised though when you go for you annual renewal they check to make sure the 400k was in the bank for the prior year. That would be a common sense approach to enforcing the requirement.

I did my first 90 days at Jomtien after renewing my retirement extension without ever being asked to prove I still had 400K in the account although I did take with me (just in case)  the bank book showing the time deposit of 800K was still ongoing. Only question I was asked was "Are you still living at the same address?"

My permanant address remains unchanged  in Bangsaray but I do spend a significant proportion of each and every month "Up Country" so the relaxation of the official requirement ( ignored in practice) is welcome I suppose.

One of the frustrations we expats have to live with is the differences in individual Immigration offices applying (or chosing not to apply) official rules in practice. I have had my problems with the Jomtien office but I think I will stick with the devil I (think) I know. If nothing else the 90 day sign in could not be simpler or quicker.

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1 hour ago, Jambo said:

I did my first 90 days at Jomtien after renewing my retirement extension without ever being asked to prove I still had 400K in the account although I did take with me (just in case)  the bank book showing the time deposit of 800K was still ongoing. Only question I was asked was "Are you still living at the same address?"

My permanant address remains unchanged  in Bangsaray but I do spend a significant proportion of each and every month "Up Country" so the relaxation of the official requirement ( ignored in practice) is welcome I suppose.

One of the frustrations we expats have to live with is the differences in individual Immigration offices applying (or chosing not to apply) official rules in practice. I have had my problems with the Jomtien office but I think I will stick with the devil I (think) I know. If nothing else the 90 day sign in could not be simpler or quicker.

The online system makes the 90 day address report even simpler and quicker.

https://extranet.immigration.go.th/fn90online/online/tm47/TM47Action.do

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12 hours ago, KWA said:

TM30 unaffected so places that looked for that might still be looking.

Never filed this ever last retirement extension it was not mentioned but in May they may request it this time who knows. I have been told by a neighbor that they are requiring a hand drawn map of you home to Immigration now and a google printout is not accepted  

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21 hours ago, Toy Boy said:

There are also reports that Jomtien Immigration is no longer demanding that people doing a retirement extension based on 800K Baht in the bank return after 3 months to show they still have at least 400 K in the account. This particular annoyance seems to have been an exclusive invention of the Jomtien Immigration people, nowhere else in Thailand was asking for it.

So all it took for them to roll back these silly requirements that only affected expats living here was to lose 10 million Chinese tourists? Nice to see that we're so beloved by the authorities!

I expect when the Chinese eventually return we'll be forced back into doing TM27, 28, 29 and 30, as well as TM99, 99a, 99b, and 99c.

Other IO were certainly asking for it and it was not an exclusive invention related to Jomtien IO. The IO office I used checked your bank book when you did your first 3 month report... and gave a reminder that it could not fall under the 400K.

cheers 

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44 minutes ago, Yesitisdakid said:

Never filed this ever last retirement extension it was not mentioned but in May they may request it this time who knows. I have been told by a neighbor that they are requiring a hand drawn map of you home to Immigration now and a google printout is not accepted  

WTF ? Do you know any other country in the world who asks that ?

I mean, you already submit enough proof of adress on the various documents they require from you so why the need for a fucking map ? And hand drawned ? 

Even half of this shit would have me move out of the country. And I mean ANY country. Married to a local or not.

 

 

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2 hours ago, Thai Spice said:

WTF ? Do you know any other country in the world who asks that ?

I mean, you already submit enough proof of adress on the various documents they require from you so why the need for a fucking map ? And hand drawned ? 

Even half of this shit would have me move out of the country. And I mean ANY country. Married to a local or not.

 

 

Lol, so I take it you haven't heard that Immigration officers can also visit people in their homes to make sure they aren't telling porkies about where they live or their marital status? I think they sometimes give you a phone call in advance, but not always judging by some of the irritated people posting about this.

Ah, thee of Jomtien Immigration's Finest come to visit, how spiffing - fancy a cup of cha, lads?

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25 minutes ago, Toy Boy said:

Lol, so I take it you haven't heard that Immigration officers can also visit people in their homes to make sure they aren't telling porkies about where they live or their marital status? I think they sometimes give you a phone call in advance, but not always judging by some of the irritated people posting about this.

Ah, thee of Jomtien Immigration's Finest come to visit, how spiffing - fancy a cup of cha, lads?

Yeah, same happens in Indo for marriage visas from what I read on forums here. All probably due to some scumbags doing "white" or "fake" weddings in the past to obtain a visa....

On the other hand, even in my country amongst the many steps for the wife to have her residency permit there is a (theoritically) a check to see if your house (or declared place of lodging) is suitable in size for the number of persons you declare to bring over.

But in a small village like where I lived this was just a gentle formality by the local "Police municipale". Small village, 4k inhabitants, 2 police municipale who see you nearly every day, simple. Well, if you REALLY have the proper place.... I guess nowadays a Airbnb under the roof in some Paris suburb wont do ?

 

 

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10 hours ago, Thai Spice said:

Even half of this shit would have me move out of the country. And I mean ANY country. Married to a local or not.

 

7 hours ago, Thai Spice said:

Yeah, same happens in Indo for marriage visas from what I read on forums here. All probably due to some scumbags doing "white" or "fake" weddings in the past to obtain a visa....

Contradictory  or what?

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9 hours ago, KWA said:

 

Contradictory  or what?

1) Nope, I am not on a marriage visa....

2) "ALL" this BS is not limited to the house visit, but is an accumulation of the silly immigration rules in Thailand, like the TM thing, the 90d reporting, the exit permit, money in the bank, etc....

 

 

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5 hours ago, Thai Spice said:

1) Nope, I am not on a marriage visa....

2) "ALL" this BS is not limited to the house visit, but is an accumulation of the silly immigration rules in Thailand, like the TM thing, the 90d reporting, the exit permit, money in the bank, etc....

 

 

In the end it all boils down to the fact that Thailand has no formal retirement programme for foreigners. We're just here as long-term guests with an annual permission to stay, and they can feck us around as much as they like. If we don't like it, then we're free to leave, and judging by the reports on other forums some do, but not that many. Plus as far as I'm aware, a lot of the people who do change country do it for reasons other than the Immigration nonsense, like the dreadful air pollution in Chiang Mai that now seems to last for nine months of the year. Of course, you can always apply for permanent resident status if you meet the criteria, but not many of us do, and the numbers granted this status each year are very small.

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2 minutes ago, Toy Boy said:

In the end it all boils down to the fact that Thailand has no formal retirement programme for foreigners. We're just here as long-term guests with an annual permission to stay, and they can feck us around as much as they like. If we don't like it, then we're free to leave, and judging by the reports on other forums some do, but not that many. Plus as far as I'm aware, a lot of the people who do change country do it for reasons other than the Immigration nonsense, like the dreadful air pollution in Chiang Mai that now seems to last for nine months of the year. Of course, you can always apply for permanent resident status if you meet the criteria, but not many of us do, and the numbers granted this status each year are very small.

Thing is, I never stayed really long in a country. Max was 10 y in LOS, 8 y in HKG, both because of the job.  Got P.R. in HK, but never had any plan to stay there.

When I hear people here in Bali say "I will stay here for life" I smile.

Who knows the future ?  

Now I am retired, its even easier. I am happy I stay, something starts to bother me, I move.... Women have nothing to do with it.

Good thing is we frogs still have a (small) empire of exotic islands with permanent sun and nice beaches... But they're bloody expensive 😄😄😄😱😱😱😱

 

 

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On 2/22/2020 at 1:51 AM, Thai Spice said:

Even half of this shit would have me move out of the country. And I mean ANY country. Married to a local or not.

 

13 hours ago, Thai Spice said:

1) Nope, I am not on a marriage visa....

As if your visa status where you live was considered, or would make a difference, when you trash talk all things Thai.  You just can't help yourself it seems.

 

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4 minutes ago, KWA said:

 

As if your visa status where you live was considered, or would make a difference, when you trash talk all things Thai.  You just can't help yourself it seems.

 

Mate, read my posts. This applies for ANY country for me.

If one day Indo becomes a pain, I leave. As simple as that.

I am NEVER "in love" with a country. Except mine.

I have lived "long term" in a dozen countries, so .....

 

 

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On 2/23/2020 at 3:25 PM, Steelers4Life said:

It's really not the difficult. I drew mine tonight for when the time comes. 🙂

Untitled.jpg

We ordered a new fridge/freezer today and they asked Sai to draw a map of the house in Mae Sot.

It looked very much like yours so if Electrolux turn up at your gaff around 6pm this evening.......................................🤣

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