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I. Overview
Foreigners staying in Thailand for more than 90 days or their representative must send a written notice to the Immigration Bureau upon completion of every 90-day period to report their place of stay, in accordance with the Immigration Act B.E. 2522 (1979) Section 37(5).
The foreigner or representative may notify the Immigration Bureau 15 days before or up to 7 days after the exact due date. Failure to report on time requires the foreigner to report in person and results in a fine not exceeding THB 5,000, plus a daily fine of up to THB 200 until the matter is rectified (Section 76).
In practice:
- Self-reporting late = THB 2,000 fine.
- Being caught (including at departure) = THB 5,000 fine.
The Immigration Act also contains additional requirements for foreigners, designed to ensure the safety of both the foreigner and the Kingdom of Thailand:
- The foreigner must stay at the address reported to immigration. If this is not possible for a valid reason, the change must be reported within 24 hours of moving.
“Section 37 (2): [The foreigner shall] stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence, within 24 hours from the time of removing to said place.” - If the foreigner changes residence, they must report to the local police station within 24 hours.
“Section 37(3): [The foreigner shall] notify the police official of the local police station where such foreigner resides, within 24 hours from the time of arrival. In the case of a change in residence in which the new residence is not located in the same area with the police station, [the foreigner] must notify the police official of the police station for that area within 24 hours from the time of arrival.” - If the foreigner travels to another province and stays there for more than 24 hours, they shall notify the local police station within 48 hours of arrival
“Section 37(4): If the foreigner travels to any province and will stay there longer than 24 hours, such foreigner must notify the police official of the police station for that area within 48 hours from the time of arrival.”
NOTE: However, according to a Police Department Regulation, effective since 30 May 1979, an exemption for reporting according to Section 37 (3) and (4) applies to foreigners who received permission to stay temporarily under certain purposes of stay as follows:
- Diplomatic or consular mission
- Official duties
- Tourism
- Sports
- Business
- Investment which has been approved by the ministries or departments concerned
- Investment or other affairs connected with an investment under the law governing investment promotion
- Traveling through Thailand to another country
- Crewmembers
- Study or observation
- Scientific research or teaching in a research or educational institution in the Kingdom
- Performance of skilled or expert work
- Mass media
- Missionary work under the concurrence of the ministries and departments concerned
- The householder, property owner, possessor or hotel manager must notify the local Immigration Office within 24 hours of a foreigner’s arrival (form TM.30).
“Section 38: The house-master, the owner or the possessor of the residence or the hotel manager where the foreigner, receiving permission to stay temporarily in the Kingdom has stayed, must notify the competent official of the Immigration Office located in the same area with that house, dwelling place or hotel, within 24 hours from the time of arrival of the foreigner concerned. If there is no Immigration Office located in that area, the local official for that area must be notified.”Failure to comply may result in: - Host: fine up to THB 2,000.
- Hotel manager: Fine between THB 2,000 and THB 10,000
Section 77: Whoever fails to comply with Section 38 shall be liable to a fine not exceeding THB 2,000, but if the said person is the manager of the hotel he shall be liable to a fine ranging from THB 2,000 to THB 10,000.”
Since 1 April 2015, foreigners who have stayed in Thailand for over 90 days may file their 90 days report online. Applicants can submit this online application within 15 days and not less than 7 days before the due date of notification at www.immigration.go.th.
The applicant needs to fill in the information in the online application as follows:
- Passport number;
- Personal information ( Name, Birthday, Nationality );
- Arrival Card Number;
- Date of arrival in Thailand;
- Mode of transport which the applicant used when last entering Thailand (i.e. via air, land or sea);
- Vehicle number.
After submitting the online application, the applicant can check the application status via website. The application should be approved within 7 working days.
When the application is approved, the applicant will receive the notification directly online showing the due date for the next 90 days report. The applicant should print out and keep this notification in his passport.
In the case that the application is not approved, the applicant has to re-submit the application at the nearest Immigration Office and has to bring his original passport, departure card (TM.6) and completed TM.47 form for the submission.
For assistance:
Immigration Service Hotline 1178 or 1111
Conclusion
The Immigration Act 1979 remains in force, with no amendments implemented despite discussions. Any foreigner permitted to stay in Thailand longer than 90 days must report every 90 days[1], and if residing at a different address than initially declared, must also notify immigration. While the reporting process can be time-consuming, it is legally binding and strictly enforced. Keeping immigration records accurate may also be beneficial in emergencies
[1] Holders of an LTR visa only need to report annually, and holders of a residence permit are exempt from reporting.
