TM30 and 90 day report

[MrStretch]

16 hours ago, Melche said:

Hi anyone can help  we got here in thailand khon kaen  febuary 3 2024 and our landlord submitted tm30  by the month of march thats the start counting 90 days right?

No, your (first?) 90 days began on February 3rd, the day you entered the country.

16 hours ago, Melche said:

 But in the month of april we go to lao to extend our visa and come back again

Then a new 90-day period began when you re-entered the country. So, if you are legally in the country your next 90-day report will be due in July, 90 days from this latest entry.

16 hours ago, Melche said:

 But now we are here in loei province and we have a tm30 not the same resident i mean new  can we extend again another 90days or not just curios cause mybe we kick out in this place .

Your 90-day report has nothing to do with your possible extension of your visa or your visa exemption.  They are two completely different things. A new TM30 for the Loei residence will need to be filed if this is his new residence.

16 hours ago, Melche said:

  But my fiance has a work here as a teacher soon his ganna working his Non B visa but can i cover his visa or not or i need to leave the country?

Unless you are married and have the proper paperwork you are not able to get a dependent visa based on your fiance's Non Imm B visa for employment.  Your options are to leave or get married and the paperwork to have a marriage recognized and certified for a dependent visa can take some time to process.

[Stevejm]

A quick clarification for people using the online TM30 system and are struggling to download the record.I came back from overseas last week and submitted a new TM30 notification and after submitting I did a search to locate the new notification record. I couldn’t see a download button but tried clicking on the magnifying glass symbol in the search results and hey presto the record opens for viewing and there are print and download buttons at the top of the screen so you can directly print or download the record as you wish. In the past I used to take a screenshot and print that out which immigration were quite happy with but now I know the correct way it is easier.

The below is a sample from the TM30 website that shows the magnifying glass symbol that I am referring to. It’s worth noting that you can only find the record within 7 days of submitting the notification so it’s best to download the record straight after submission because if you don’t and try to find it more than 7 days later you will be out of luck.

[Liquorice]

On 11/14/2023 at 12:56 AM, Thai_Law said:

Guys, I just wanted to make a general comment about the TM30. This is the owner of the house's responsibility and not the tenant. 

Misinformation.

Read the Immigration Act for the person(s) responsible for filing the TM30.

[Stevejm]

30 minutes ago, Liquorice said:

Misinformation.

Read the Immigration Act for the person(s) responsible for filing the TM30.

“According to section 38 of the 1979 immigration act, “House owners, heads of household, landlords or managers of hotels who accommodate foreign nationals on a temporary basis who stay in the kingdom legally, must notify the local immigration authorities within 24 hours from the time of arrival of the foreign national.”

That quote is copied from the TM30 website. But foreigners who are tenants are required to provide proof of TM30 notification in order to submit their 90 day report or visa extension applicationIn other words the onus is on the foreigner to make sure that the notification is done and to obtain proof in order to proceed with their application to immigration. The foreigner can do the TM30 notification himself/ herself if they are the owner of the property ( as I do) otherwise they have to ensure that the owner does it.

[Dezmo]

Integrity Legal reviews the TM30 in many videos.... this is the latest... seems the tenant can be responsible...  so confusing :)

Who Is Required To File TM30 With Thai Immigration?

[Stevejm]

1 hour ago, Dezmo said:

Integrity Legal reviews the TM30 in many videos.... this is the latest... seems the tenant can be responsible...  so confusing :)

Who Is Required To File TM30 With Thai Immigration?

It’s not really confusing IMO

The owner or manager of a property in Thailand is required to inform the Immigration Department the details of any foreigner who is staying in the property by submitting a TM30 notification.

Any foreigner in Thailand who needs to submit a 90 day report or has other dealings with immigration such as extending a visa or extension of stay is required to show evidence that such a TM30 has been submitted. If the foreigner is the owner of the property he/she can submit the TM30 themself and if they are tenant or guests they are required to obtain proof of submission from the owner or manager.

So the responsibilities are:

The Owner/ Manager is legally responsible for submission of the TM30

The foreigner is responsible for obtaining proof of submission of the TM30 to show when they deal with immigration.

[Liquorice]

15 hours ago, Stevejm said:

“According to section 38 of the 1979 immigration act, “House owners, heads of household, landlords or managers of hotels who accommodate foreign nationals on a temporary basis who stay in the kingdom legally, must notify the local immigration authorities within 24 hours from the time of arrival of the foreign national.”

The head of households are otherwise known as a 'House Master'.

15 hours ago, Stevejm said:

That quote is copied from the TM30 website.

The official wording and law on TM30 reporting is within the Immigration Act.

14 hours ago, Dezmo said:

Integrity Legal reviews the TM30 in many videos.... this is the latest... seems the tenant can be responsible...  so confusing :)

Not so, the tenant is indeed just as responsible as any other person.

13 hours ago, Stevejm said:

The Owner/ Manager is legally responsible for submission of the TM30

The foreigner is responsible for obtaining proof of submission of the TM30 to show when they deal with immigration.

Not quite.

 

Under section 38 of the Immigration Act, it's clear in the case of a hotel or guest house who is responsible for filing the TM30. 'The manager'.

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned.

In the case of a private residence, it's the responsibility of the House Master, the owner, or the possessor of the residence.

Section 4 of the Immigration Act defines the 'House Master' as;
“ House Master ” means any persons who is the chief possessor of a house, whether in the capacity of owner, tenant, or in any other capacity whatsoever , in accordance with the law on people act.

So, if you're the chief possessor as a tenant, or in any other capacity whatsoever, you are just as responsible as a landlord or wife to submit the TM30. It's section 4, that allows Immigration to fine the foreigner for non-compliance, rather than a landlord or wife.

Before being married, I rented two private residences from the owners, who were also my landlords, but in both cases I registered and submitted a TM30 myself as the 'tenant', using a copy of my Passport data page, and copies of the landlords Tabien Baan and ID card.

Later after marrying and moving into my wife's house, I again registered and submitted a TM30 as the House Master, using a copy of my Passport data page, and copies of my Yellow Tabien Baan and Thai ID card,
 

Edited May 22 by Liquorice
Typo

[Liquorice]

13 hours ago, Stevejm said:

Any foreigner in Thailand who needs to submit a 90 day report or has other dealings with immigration such as extending a visa or extension of stay is required to show evidence that such a TM30 has been submitted.

The requirement to file aTM30 has nothing to do with 90 day reporting or applying for extensions of stay.
The law states all foreigners should be registered within 24 hours of arriving at their destination.
However, if you have no reason to visit an Immigration office, it widely claimed not to be concerned about the TM30 as Immigration aren't going to come knocking on your door.

 

13 hours ago, Stevejm said:

If the foreigner is the owner of the property he/she can submit the TM30 themself and if they are tenant or guests they are required to obtain proof of submission from the owner or manager.

I disagree. As the tenant, or occupier of the private residence in any capacity whatsoever, they are just as responsible as the owner/landlord to submit a TM30.

The TM30 site accommodates both Thais and Foreigners to register and submit the TM30 for a reason.

[Dezmo]

Regarding the filing of the TM30 online... does it matter who completes it?

On my next trip back I intend to buy a motorcycle and need a residency certificate so need a valid TM30. Unsure where I will be staying yet but based on priors trips, it was rare a landlord/hotel completed a TM30 so figure I may just do it myself, if they do not.  I now have the O-A visa.

[MrStretch]

50 minutes ago, Dezmo said:

Regarding the filing of the TM30 online... does it matter who completes it?

No, it doesn't matter, as long as the information is correct and complete.

[Julien-Chiang]

 

Hello Thai_Law,

Thank you for the detailed explanation about the TM30 form requirements in Thailand. It's definitely a crucial aspect for any foreigner renting a property here, and your information will be very helpful to many.

Additional Information on TM30 Reporting:

Responsibilities of the Landlord:

• As you rightly mentioned, it is the landlord’s responsibility to complete and submit the TM30 report. This applies to all landlords who rent out their properties to foreign tenants.
• The TM30 report needs to be submitted whenever a foreign tenant arrives at the property, even if the tenant holds various types of visas such as Non-Immigrant B, Tourist visas, Retirement Visas, etc.

Consequences for Non-Compliance:

• Landlords who fail to file the TM30 report can face fines ranging from 800 to 2,000 Baht. It's important for landlords to be aware of this to avoid penalties.

Tenant's Requirements:

• For tenants, having a TM30 receipt is essential for your first 90-day report at a new address. Once you have submitted this, subsequent 90-day reports can be filed online without needing to show the TM30 receipt again.
• It’s also noteworthy that when a tenant leaves Thailand and returns, the landlord must file a new TM30 report. However, due to changes in the system, you can often continue filing your reports online even if the new TM30 hasn't been submitted.

90-Day Reporting Timeline:

• The 90-day reporting timeline resets every time you leave and re-enter Thailand. Reports can be made 15 days before they are due and up to 7 days after the due date. If you miss this window, the report must be filed in person.

Assistance and Support:

For anyone experiencing issues with the TM30 or 90-day reporting, we recommend signing up for TLP (Thai Legal Protection). Our team can assist you with these processes and ensure compliance with Thai immigration laws.

 

Learn more about our services at www.chiangmai-property.com 

 

Additionally, you can follow us on Facebook for more updates and tips: Chiang Mai Property Facebook Page.

I hope this information helps clarify the TM30 reporting process for everyone. Feel free to reach out if you have any more questions or need further assistance!

Best regards, Julien Chiang Mai Property

[Dezmo]

I notice now on my AirBnb receipts it states how the tenant needs to complete a TM30.  I have no idea if they do.

 

I also wonder how Thailand can enforce this fine.  If the landlord never completes a TM30 how do they know you stayed there unless they ask the tenant for a receipt of stay (e.g., AirBnb receipt, etc.).   I assume the IO at the airport on deprature do not ask....

[Liquorice]

On 8/14/2024 at 3:16 PM, Dezmo said:

I notice now on my AirBnb receipts it states how the tenant needs to complete a TM30.  I have no idea if they do.

You are the tenant!

 

On 8/14/2024 at 3:16 PM, Dezmo said:

I also wonder how Thailand can enforce this fine.  If the landlord never completes a TM30 how do they know you stayed there unless they ask the tenant for a receipt of stay (e.g., AirBnb receipt, etc.). 

Simple, they refuse any service until any due fine is paid.

An Airbnb receipt is not sufficient proof of one residential address to file a TM30.

[Liquorice]

On 8/14/2024 at 11:52 AM, Julien-Chiang said:

Additional Information on TM30 Reporting:

Responsibilities of the Landlord:

• As you rightly mentioned, it is the landlord’s responsibility to complete and submit the TM30 report. This applies to all landlords who rent out their properties to foreign tenants.
• The TM30 report needs to be submitted whenever a foreign tenant arrives at the property, even if the tenant holds various types of visas such as Non-Immigrant B, Tourist visas, Retirement Visas, etc.

Misinformation!

The Immigration Act defines who is responsible to file a TM30, and it is not solely the responsibility of a landlord, which is why the foreign tenant can often be fined.

What is a 'retirement visa' as no such visa type exists.

 

On 8/14/2024 at 11:52 AM, Julien-Chiang said:

90-Day Reporting Timeline:

• The 90-day reporting timeline resets every time you leave and re-enter Thailand. Reports can be made 15 days before they are due and up to 7 days after the due date. If you miss this window, the report must be filed in person.

More misinformation!

Online reports can be submitted 14 days 'before' the due date up until the due date.

In person, up to 14 days before the due date and up to 6 days after the due date.

Immigration quote 'within' 15 days, which includes the report date, which is not the same as quoting 'before' (as you have), which does not include the report date.

 

You're blowing smoke up folks backsides, posting misinformation in an attempt to make simple procedures appear complicated to obtain business. I certainly wouldn't want to sign up to your TLP based on your incorrect information so far.

[Dezmo]

20 minutes ago, Liquorice said:

You are the tenant!

Simple, they refuse any service until any due fine is paid.

An Airbnb receipt is not sufficient proof of one residential address to file a TM30.

 

But ... how do I know if they complete it or not?

Do I ask for a copy of it?

WIth AirBnb or most reservations (Agoda, etc.) you pay ahead of time and many have limited cancellation policy.   So if I book a month in advance and landlord waits until i arrive but not complete it, I cannot back out (get my payment back).

[Liquorice]

4 minutes ago, Dezmo said:

But ... how do I know if they complete it or not?

Do I ask for a copy of it?

From a hotel, yes.

 

4 minutes ago, Dezmo said:

WIth AirBnb or most reservations (Agoda, etc.) you pay ahead of time and many have limited cancellation policy.   So if I book a month in advance and landlord waits until i arrive but not complete it, I cannot back out (get my payment back).

You were warned a long time ago of the issues arising from renting through Airbnb.

To file a TM30 yourself, you require a signed copy of the landlords Tabien Baan and ID card, perhaps a rental contract, even a copy of the chanote to prove ownership.

 

Airbnb is an American company operating an online marketplace for short-and-long-term homestays and experiences in various countries and regions. They usually cannot or unwilling to supply the documents required to file a TM30, which would need to come from the owner.

[Mickeymouse]

My 90 Days on line report was rejected with the following reason:

 

For first-time requests of a 90-day notification in each country visit, in-person presentation at the immigration office is required.

3 months ago I had the same answer, no one could explain it to me. I have have been in the country for more than 15 years.

 

[Liquorice]

23 hours ago, Mickeymouse said:

My 90 Days on line report was rejected with the following reason:

For first-time requests of a 90-day notification in each country visit, in-person presentation at the immigration office is required.

3 months ago I had the same answer, no one could explain it to me. I have have been in the country for more than 15 years.

There is a glitch in the system.

You're not alone, it's happening a lot.
My last two online reports rejected as the details didn't match - yet the local IO checked and they matched perfectly.