What exactly is the 90 days report?

[M.O.]

Is the 90 days report required for ALL foreigners?

If staying in a hotel, is this done by the hotel?

[Stonker]

Yes, except diplomats.

No.

[Faz]

In previous threads you stated you entered Visa exempt and applying for a 60 day Covid extension, in which case you will not have to submit 90 day reports which are only required if staying 90 days consecutively in the Country - without otherwise visiting an Immigration office.

I don't know how long you plan to stay in Thailand, but for as long as you can apply for a 60 day Covid extension, you will actually visit an Immigration office every 60 days, therefore exempt of additionally submitting any 90 day reports.

[NCC1701A]

3 hours ago, M.O. said:

Is the 90 days report required for ALL foreigners?

If staying in a hotel, is this done by the hotel?

look in the back pages of your passport. is there a piece of paper stapled there that tells you the date of when to report? most likely not in your case. 

[karl]

 

Substantive

job creation scheme

 

Edited July 24, 2021 by karl

[Objectivance]

56 minutes ago, Stonker said:

Yes, except diplomats.

No.

This.

[HolyCowCm]

Based on a yearly 365 day visa. And it is for all foreigners. 

[M.O.]

12 hours ago, Faz said:

In previous threads you stated you entered Visa exempt and applying for a 60 day Covid extension, in which case you will not have to submit 90 day reports which are only required if staying 90 days consecutively in the Country - without otherwise visiting an Immigration office.

I don't know how long you plan to stay in Thailand, but for as long as you can apply for a 60 day Covid extension, you will actually visit an Immigration office every 60 days, therefore exempt of additionally submitting any 90 day reports.

I did not intend to stay for >90 days but circumstances may force me to do so (covid and travel restrictions). Yes, I entered VE. I planned on one extension which I now believe will be the "normal" 30 days extension of the VE entry permission to stay. If I do a further 60 days covid extension that will take my total stay to 135 days (45+30+60) which was why I am asking about the 90 days report which I earlier believed would not be necessary for me because I would have been staying for <90 days.

From what you say, it seems to me that just applying for the extensions will mean the 90 days report is not required. Is that correct?

[MrStretch]

Any foreigner in the Kingdom 90 consecutive days must file a 90-day report.

Renewing your visa or extending DOES NOT complete the requirements for 90-day reporting.  You still need to do that.

When you next extend, it sounds like you will do so on day 95.  I would go in early for the extension and ask about filing the 90 days at the same time.

[lopburi3]

52 minutes ago, M.O. said:

From what you say, it seems to me that just applying for the extensions will mean the 90 days report is not required. Is that correct?

Correct - first extension of stay date counts as first 90 day report - so actual TM47 will be required 90 days later.

[Faz]

1 hour ago, MrStretch said:

Any foreigner in the Kingdom 90 consecutive days must file a 90-day report.

Renewing your visa or extending DOES NOT complete the requirements for 90-day reporting.  You still need to do that.

When you next extend, it sounds like you will do so on day 95.  I would go in early for the extension and ask about filing the 90 days at the same time.

Not quite.

The only foreigners permitted to stay for longer than 90 consecutive in the Country and therefore subject to 90 day reports would be those with a long stay Visa type or those on annual extensions of stay.

Tourists are not permitted to stay more than 90 consecutive days under normal circumstances.

With the Covid situation, tourists can apply for 60 day Covid extensions. They must do so every 60 days and are only permitted to stay for 60 days. For each extension the applicant confirms his address, so in effect every 60 days and no further requirement to confirm his place of residence.

 

[Faz]

1 hour ago, M.O. said:

From what you say, it seems to me that just applying for the extensions will mean the 90 days report is not required. Is that correct?

Correct.
As a tourist your never given permission to stay for more than 90 consecutive days.
You'd normally have to exit and re-enter after 90 days to stay again.

The 60 day Covid extensions are a temporary regulation to cope with the situation.
You are entitled to one 30 day extension under Immigration Bureau Orders and temporary further 60 day Covid extensions under the temporary regulations, which have been extended to 27th Sept.

When you submit your first TM7 for an extension of stay, ask the Immigration officer if you are also required to submit 90 day reports and he will confirm what I stated above - not required in your situation.

 

[M.O.]

47 minutes ago, Faz said:

Correct.
As a tourist your never given permission to stay for more than 90 consecutive days.
You'd normally have to exit and re-enter after 90 days to stay again.

The 60 day Covid extensions are a temporary regulation to cope with the situation.
You are entitled to one 30 day extension under Immigration Bureau Orders and temporary further 60 day Covid extensions under the temporary regulations, which have been extended to 27th Sept.

When you submit your first TM7 for an extension of stay, ask the Immigration officer if you are also required to submit 90 day reports and he will confirm what I stated above - not required in your situation.

My first TM7 will extend my permission to stay from 45 days to 75 days (well short of 90 days...). It is the NEXT extension taking the total to 135 days that will cross the 90 days threshold. I shall ask at that time and update here for the edification of anyone interested.

[Faz]

3 hours ago, M.O. said:

My first TM7 will extend my permission to stay from 45 days to 75 days (well short of 90 days...). It is the NEXT extension taking the total to 135 days that will cross the 90 days threshold. I shall ask at that time and update here for the edification of anyone interested.

Thanks.

The term 'consecutive 90 days' should be interpreted as, those given permission of stay for longer than 90 days are required to confirm their place of residence every 90 days. That was the original intention when the Immigration Act was written in 1979. It never envisaged such a situation as we are now experiencing where those who entered as Tourists were permitted to stay consecutively longer than 90 days.

Although you will end up staying for more than 90 consecutive days, you will be submitting a new application (TM7) for each additional permission of stay, every 30/60 days, unlike those of us on 1 year extension that only submit a new application annually.

Other examples where foreigners do not submit 90 day reports, yet stay consecutively for more than 90 days and probably set the precedent for the requirement to submit 90 day reports on Covid extensions;

1. Foreigners who enter on a single entry Non O Visa. Permits a stay of 90 days, but those with Thai family/spouse can apply for an additional 60 day extension. Immigration interpret the visit to apply for the extension and notify residence negates the requirement to submit a separate 90 day report.
2. Foreigners who enter on a Tourist Visa. Permits a stay of 60 days + an extension of 30 days + a further 60 day extension to visit Thai family/spouse. They make 2 visits to Immigration, each request to extend being a new application. Again, Immigration interpret these visits to apply for the extensions and notify residence negates the requirement to submit a separate 90 day report.

 

[BlueSphinx]

@Faz is 100% correct in his posts explaining the 90-day reporting requirement and for who it is applicable.

It's also relevant and useful to mention the connection between the TM-30 notification and that 90-day reporting requirement.  A 90-day report is in fact nothing more than a confirmation that your 'official address for immigration purposes' has not changed.  And that's where the TM-30 comes in, because it is that document by which the owner of the place where you are residing (which can be yourself, your wife/girlfriend, the landlord/lady), is supposed to inform the local immigration office that a foreigner is staying at the premisses.  And by doing your subsequent 90-day reports you confirm that that 'official address for immigration purposes' of which they were notified by that TM-30, has not changed.  

The above also means that if you change your address, you need to visit the local immigration office of the province to which you relocated, to inform them that you are staying now at that address in their province.  And you won't be able to file your 90-day report at the local Imm Office, if a TM-30 has not been filed prior to the 90-day report (because technically your address for immigration purposes, would then still be in the province from where you relocated).

[THETRUTH]

On 7/24/2021 at 8:18 PM, Stonker said:

Yes, except diplomats.

There is a fairly new visa type called Smart Visa that is valid for two years and dismisses the need for 90-day reporting. The requirements are basically high salary (above 100,000 baht/month; not sure is it gross/net).

[gummy]

20 minutes ago, THETRUTH said:

There is a fairly new visa type called Smart Visa that is valid for two years and dismisses the need for 90-day reporting. The requirements are basically high salary (above 100,000 baht/month; not sure is it gross/net).

I don't believe that the amended smart vise removing the 90 day reporting requirement is in place currently, as it was earlier only at the proposal stage. I may be wrong though

[Faz]

You can get a SMART Visa valid for 4 years, however you still have to submit 90 day reports and either exit and re-enter Thailand to get another 1 year permission of stay, or apply for a 1 year extension at Immigration, same as the Elite Visa.

You don't need a work permit though.

https://london.thaiembassy.org/en/publicservice/86230-smart-visa?page=5d6636cd15e39c3bd00072dd&menu=5f4b6eb3f6ae4b236972c562 

[PeterBKK2021]

@Faz

thanks for your explanation. Currently, I entered Thailand with a Tourist Visa for 45 days on Sep 30th and extended it twice until beginning of Feb (30 days + 60 days Covid extension). If I understand you correctly, I don’t have to do a separate 90 days reporting as my applications for extension are replacing this report. Is that correct? Could you also point me to this information on an official governmental website if possible?

are there any other immigration related aspects I need to consider in my case?

 

thanks for your help.

 

best,

Peter

[Faz]

12 minutes ago, PeterBKK2021 said:

thanks for your explanation. Currently, I entered Thailand with a Tourist Visa for 45 days on Sep 30th and extended it twice until beginning of Feb (30 days + 60 days Covid extension). If I understand you correctly, I don’t have to do a separate 90 days reporting as my applications for extension are replacing this report.

Correct, your reporting to an office within 60 day for further Covid extensions.

13 minutes ago, PeterBKK2021 said:

Could you also point me to this information on an official governmental website if possible?

Firstly understand that the requirement to submit 90 day reports only applies to those who have been granted temporary permission of consecutive stay longer than 90 days. It therefore applies to those who enter with a Non Imm O-A / O-X type Visa, or those with annual extensions of stay based on retirement or Thai family/spouse. (These grant temporary permission of stay for one year).

In the case of those who entered as Tourist, VE, TV, STV, the temporary permission of stay granted is either 30, 60, or 90 days and extensions of this stay are also limited to 30,60, 90 days, but not longer than 90 consecutive days. (Key words being longer than 90 days)
.........................................

If the alien stays in the Kingdom longer than ninety days, such alien must notify the competent official at the Immigration Division , in writing , concerning his place of stay , as soon as possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is an Immigration Office , the alien may notify a competent Immigration Official of that office. (Section 37 > 5.)
Immigration Act B.E. 2522 (1979) ENG.pdf
 

According to The Immigration Act,B.E.2522,the foreigner who has received a temporary stay permit and stayed in the Kingdom of Thailand over 90 days must notify his/her residence to immigration officer every 90 days.
https://bangkok.immigration.go.th/en/90days-report/#
https://www.immigration.go.th/en/?page_id=1666
 

FORM FOR ALIEN TO NOTIFY OF STAYING LONGER THAN 90 DAYS
TM 47 Notification of staying longer than 90 days.pdf

 

In the case of being classed as a Tourist, you are never granted permission of temporary stay for longer than 90 days, therefore the 90 day reporting isn't applicable to your Immigration status.
You have to visit an office within 90 days to apply for further extension, in the case of Covid extensions every 60 days. If in doubt your Immigration will confirm Tourist classes are not subject to submitting 90 days reports.

[PeterBKK2021]

@Fazthank you for this comprehensive response. Now, things are clear