90-Day Reporting

90-Day Reporting. Foreign nationals residing in Thailand on long-stay visas are subject to a recurring obligation known as the 90-day report—a regulatory mechanism that requires individuals to notify Thai immigration authorities of their current place of residence every 90 days. Despite appearing as a routine administrative task, failure to comply may result in penalties, visa complications, or legal consequences. The 90-day report functions as a residency confirmation mechanism, ensuring up-to-date data for immigration enforcement, national security, and demographic monitoring.

This article explores the legal framework, procedural mechanics, reporting channels, exceptions, and practical implications of Thailand’s 90-day reporting requirement.

I. Legal and Regulatory Foundation

The requirement for foreign nationals to report their address every 90 days is mandated under the:

• Immigration Act B.E. 2522 (1979)

• Ministerial Regulations Issued by the Ministry of Interior

• Notifications from the Immigration Bureau

• Police Orders (Order No. 297/2551 and amendments)

Relevant Legal Provision

Section 37(5) of the Immigration Act states that:

“Aliens who have received permission to stay temporarily in the Kingdom must notify the competent official at the Immigration Office of their residence every 90 days.”

Failure to do so is a violation of immigration law, with fines prescribed under Section 76.

II. Scope of Application

The 90-day reporting obligation applies to non-Thai nationals residing in the Kingdom under the following visa classes:

• Non-Immigrant Visas (e.g., B, O, ED, O-A, O-X, M, R)

• Long-Term Visas (LTR Visa holders are exempt)

• Extension-of-stay permit holders

• Permanent Residents (in some cases)

The rule applies regardless of employment status, visa purpose, or age, with certain categories (e.g., diplomats, UN officials) granted statutory exemptions.

III. Purpose and Administrative Function

The 90-day reporting system serves multiple state objectives:

1. Tracking physical presence of foreign residents

2. Monitoring visa compliance and overstays

3. Supporting law enforcement through updated residency data

4. Integrating immigration data with TM30 (landlord reporting) and TM47 (re-entry reporting) systems

This mechanism does not extend or renew the visa. It merely confirms the individual’s continued legal residence at the stated address.

IV. Timeline and Compliance Obligations

A. Counting Days

The 90-day period is calculated from the most recent entry into Thailand or the date of last reporting—whichever is later. If a foreigner leaves and re-enters Thailand during the period, the count resets upon re-entry.

For example:

• Entered Thailand: January 1

• 90-Day Report due: March 31

• Exited Thailand: March 15

• Re-entered: March 25

• New report due: June 23

B. Reporting Window

The report must be submitted:

• Within 15 days before the due date

• Or within 7 days after the due date (grace period)

Late submission is considered a violation and subject to fines.

V. Modes of Submission

Thailand offers multiple channels for submitting the 90-day report:

1. In-Person Reporting

• Submit Form TM47 with passport and visa documents

• Available at the Immigration Office in the province of residence

• Immediate confirmation stamp issued upon processing

2. Authorized Representative

• A third party may file on the individual’s behalf

• Requires signed authorization letter and supporting documents

• Commonly used by employers, law firms, and visa agents

3. Online Submission

• Via the Immigration Bureau’s official portal: https://www.immigration.go.th

• Must be submitted between days 15 and 7 prior to the due date

• System may reject submissions if server issues or incomplete data occur

• Applicant must retain confirmation printout as proof of compliance

4. By Registered Mail

• Submit TM47 form, passport copy, visa stamp page, and self-addressed envelope

• Must arrive at the Immigration Bureau at least 7 days before the due date

• Receipt of confirmation may take up to 2 weeks

Online and mail submissions are limited to residents in certain provinces and may not be available during system upgrades or emergencies.

VI. Documentation Requirements

Standard documents required for reporting:

• Form TM47 (completed and signed)

• Original passport

• Photocopies of:

  • Passport information page

  • Visa/extension-of-stay stamp

  • Last entry stamp

  • Departure card (TM6), if applicable

  • Previous 90-day report receipt (if available)

Failure to produce any of these documents may result in rejection of the submission.

VII. Penalties for Non-Compliance

The consequences of failing to file a 90-day report include:

• Fine of THB 2,000 (or up to THB 5,000 if discovered during an enforcement inspection)

• Possible refusal to extend visa or apply for re-entry permits

• Record of violation in immigration file, affecting future applications

While administrative in nature, repeat violations may signal non-compliance and trigger further scrutiny by the Immigration Bureau.

VIII. Exceptions and Exemptions

A. Temporary Departures

If a foreign resident leaves Thailand before the due date and re-enters, the clock resets and no report is due for the interrupted period.

B. Smart Visa and LTR Visa Holders

As of recent regulatory reforms, holders of Smart Visas and Long-Term Resident Visas are exempt from the 90-day reporting requirement and instead must file an annual report.

C. Certain Occupations and Statuses

• Diplomats, UN officials, and government advisers are exempt under separate agreements.

• Persons under special investor categories (BOI or EEC privileges) may receive exemptions upon request.

IX. Systemic Issues and Criticism

1. Redundancy with TM30

Many foreign residents question the utility of 90-day reporting given the existence of TM30, which requires property owners to report foreign tenant movements. Critics argue the systems are overlapping and inefficient.

2. Digital System Reliability

The online reporting system is prone to errors, crashes, and denial of service, especially near deadlines. Many users revert to manual submissions as a result.

3. Administrative Burden

Requiring quarterly physical appearances or document submissions imposes costs on:

• Employers managing foreign staff

• Elderly or disabled individuals

• Digital nomads who lack stable housing

Reform proposals have called for a bi-annual or annual report, or full integration into the eVisa and eImmigration systems.

X. Best Practices for Compliance

• Set calendar reminders for the due date and early window

• Retain official receipts and confirmation slips

• Use authorized agents or HR officers for group reporting

• Cross-reference report dates with travel history to avoid miscalculations

• Prepare backup submission options (e.g., mail if online fails)

Frequent travelers or those on multiple visa renewals should maintain an immigration compliance folder for internal audit or documentation purposes.

Conclusion

Thailand’s 90-day reporting system remains a central component of its immigration compliance architecture, balancing enforcement needs with residency tracking. While functionally simple, it poses logistical and legal challenges for long-term expatriates, especially those unfamiliar with Thai immigration law.

For legal practitioners, HR departments, and foreign residents, understanding the procedural nuances of the 90-day report is essential not only for compliance but for avoiding cumulative immigration violations that may affect visa extensions, work permits, or future applications. As Thailand modernizes its immigration infrastructure, reforms to reporting mechanisms—particularly digital integration—remain both necessary and anticipated.