British International School, Phuket
Carnival Magic 333 at the beach Pro Property Partners British International School, Phuket
The Phuket News Novosti Phuket Khao Phuket

Login | Create Account | Search

Right on time: Phuket Immigration explain TM30 and TM28 requirements for reporting foreigners

Right on time: Phuket Immigration explain TM30 and TM28 requirements for reporting foreigners

PHUKET: Phuket Immigration this week made it very clear that foreigners applying for any extension of stay will not be held liable for filing the TM30 form, made infamous in recent weeks by waves of confusion elsewhere in the country.

By Tanyaluk Sakoot

Saturday 31 August 2019, 09:00AM

An officer at Phuket Immigration stamps an approval on an extension to stay. Photo: Tanyaluk Sakoot

An officer at Phuket Immigration stamps an approval on an extension to stay. Photo: Tanyaluk Sakoot

“No, we don’t hold foreigners responsible for filing the TM30. Foreigners just need to make sure that they fill in a TM28. The TM30 is the landlord’s job,” Phuket Immigration Deputy Chief Col Nareuwat Putthawiro said plainly on Wednesday (Aug 28).

The TM30 is the form for landlords to report to Immigration within 24 hours of the arrival of any foreign tenants, as required under Section 38 of the Thailand Immigration Act of 1979.

The TM28 form is for foreigners to report themselves to Immigration after staying away from their registered address for more than 24 hours, as required under Section 37 (c) of the same act.

“The TM30 is the house owner’s responsibility, whether the home owner is a Thai or a foreigner,” Col Nareuwat said.

If a landlord refuses to – or is unable to – comply by filing a TM30 to report the foreigner as staying, or returning to stay, at the foreigner’s registered address, that is not the foreigner’s responsibliity, Col Nareuwat explained.

“All the foreigner has to do is submit a TM28. That’s all the foreigner is responsible for. If the foreigner is applying for an extension to stay, they need not worry about whether or not their landlord has reported them through a TM30 – it will not affect the foreigner’s application,” he added.

“They will not be told to leave the Kingdom if their landlord has not filed a TM30 reporting them,” he assured.

However, the requirement for foreigners to re-report themselves as staying at – or returning to – their registered address within 24 hours of their arrival by filing a TM28 remains in effect, Col Nareuwat told The Phuket News.

Asked whether foreigners must submit a completed TM28 every time they return to their registered address, Col Nareuwat said, “Yes, they must do.”

Col Nareuwat added that filing a TM28 remains separate from the 90-day reporting requirement, as completed by filing a TM47.

“Yes, please also file a TM47 every 90 days as normal,” he said.

Landlords who fail to report foreigners staying on their property will be fined, Col Nareuwat said.

“If the landlord ignores this (filing the TM30), they will be fined up to B2,000,” he assured.

“The fine under Section 77 of the act is actually up to B10,000, but the higher fines are used only for hotels or guesthouses that willfully ignore the requirement.

“A foreigner who has filed a TM28 will not be fined for the landlord failing to uphold their responsibility because the foreigner has informed us,” he repeated.

“But if a landlord is intentionally slow or delays in filing a TM30, they will be charged by Immigration police,” he said.

In defining “slow”, Col Nareuwat explained that officers will allow for “reasonable” delays, such as the Section 38 app launched by the Immigration Bureau expressly for filing TM30 reports online failing to work or if the foreigner returns to the registered address during a period when the Immigration office is closed.

“The law is very clear in that it says the reporting must be done within 24 hours, but as long as the landlord – Thai or foreign – has made an attempt to file the report and is not intentionally ignoring their responsibility, we will consider their explanation,” he said.

Col Nareuwat urged any landlords (for TM30) or foreigners (for TM28) who find themselves unable to file the report within the time frame permitted to take steps to prove the attempt to file the report.

“If the Section 38 app is not working, then take a screenshot so we can see it. But please make an effort after that to file your report as soon as possible after that,” he said.

“As long as the person is making a genuine effort to file the report, they won’t be fined. We just want them to do their part.

“If there is a genuine reason why the report could not be filed in the appropriate time, and the person can show us, then they can come to the Immigration Office at the next available opportunity. That’s fine,” he added.

Comment on this story

* Please login to comment. If you do not have an account please register below by simply entering a username, password and email address. You can still leave your comment below at the same time.

* (Not Hotmail/Outlook)

Christy Sweet | 03 September 2019 - 18:55:06

That article ignores the TM-28, which is what foreigners have to provide. TM-30 is the exact same report, only for landlords. What a cluster F, certainly will be using an old driver's license with an old passport number on any hotel registrations to avoid it. 

Kurt | 03 September 2019 - 09:57:12

Red this morning a Editorial about TM30 in BangkokPost. The contents and the many comments speak for it selves .

Christy Sweet | 02 September 2019 - 12:40:13

What I get from this   explanation is that Immigration, now having realized the TM-30 harasses Thais more than foreigners- are willing to forget about it, but the TM-28 which is ridiculously the same exact report as the TM-30, but required of foreigners, will now be rigorously enforced, even though the law  is clear- only upon return into the country, not from the weekend in Old Town.  ABSURD!

agogohome | 02 September 2019 - 11:38:43

Anyone remember what the TM47, 90 day reporting is for, that we still have to do? .... Address reporting. LOL

Kurt | 02 September 2019 - 10:51:19

A Condo administration has nothing to do with condo ownership. Of course it refused, not want to become involved in matter not their business.. Seems the top brass of the Immigration needs to organise classes for desk immigration officers. I heard more problem stories about TM30.  Not with TM28.  
Just fill out a TM28,  with that stamped slip in your passport you are covered in this nonsense

SEC2 | 02 September 2019 - 09:54:03

Extremely confusing.  Can you re-write so it's more clear.

alf | 02 September 2019 - 02:11:30

I am the owner of the condo unit where I live. So, am I supposed to fill a TM30 as owner, AND a TM28 as the tenant?

For Wiesel: one time I tried to go to immigration to file a TM30 and comply with the law. First they believed I wanted a residence certificate, then they got it and refused to help me, telling me I should ask the condo office to declare me online (which the condo admin refused).

Kurt | 01 September 2019 - 14:17:01

Why is the every 90 days report (TM47) not enough to confirm address for immigration?  On that Form is address also written. 
And: Where do thai report their home address again after being away visiting family or a holiday place? 
As Vachira hospital director said, The Phuket Government doesn't know even how many thai are living on Phuket island, not yet talking about their addresses.

Wiesel | 31 August 2019 - 22:55:18

Why you guys just dont go to Immigration, ask them what they want to see and bring it to them??? Is it soooo hard to do???

BenPendejo | 31 August 2019 - 17:50:50

This is ridiculous, and will discourage people from taking a weekend or overnight getaway so we don't have to waste our time going to Immigration to let them know..."hey, we're home now". Bad guys wouldn't even consider this nonsense. If everyone has to do this nonsense, at least make the TM28 available on-line so I don't have to take time off of work to do it. Total nons...

Pascale | 31 August 2019 - 17:43:07

"I got zilcho respect for this country.Zero" Please C.S., tell this some official when you visit the immigration next time.It may well help to get rid of one frustrated whinger permanently.

Christy Sweet | 31 August 2019 - 15:54:13

Bad guys ignore rules, good guys harassed endlessly with erred application of the law- the requirement is only after leaving the country. It's a nice little earner noting the omission of the fine amount for TM-28- "Special price just for you..," I suppose. I got zilcho respect for this country. ZERO 

fedepar | 31 August 2019 - 14:52:57

It looks like both documents, TM30 by landlord and TM28 by foreigner (that sometimes are the same person) are needed.
May Phuket News confirm  that ? 

khon kaen | 31 August 2019 - 14:28:57

I don't have a landlord. I do have a Thai wife and a yellow book

zib | 31 August 2019 - 11:35:10

Can you please update the article since this just made it more confusing. If a TM30 has been done does a TM28 need to be done also? Or is it just one or the other.

Shwe | 31 August 2019 - 10:18:52

Foreigner has to report with TM 28 as Thai Landlords cant be trusted to report. If this is the case why not just have a TM28 on a web site that works and is not all in Thai? Common sense, a commodity that is as rare as rocking horse droppings in the land of snarls

Shwe | 31 August 2019 - 10:08:28

All we hear is THIS IS THE LAW so laws for foreigners are strictly enforced but laws for Thais are not Just had an accident, I was turning right, indicated well in advance,3 children on a motor bike tried to overtake and hit my car, no helmets , underage so no license,insurance and 3 people on a motor cycle, no charges, as they had no insurance and I did police ruled blame 50/50 that is Thai Law 

Kurt | 31 August 2019 - 09:32:42

So, when a foreigner leases a house + land for 30+30 years, has he/she to report with a TM30 - or a TM28 form? These leasers mostly have no idea where the thai 'landlords' are living in Thailand or abroad.


Have a news tip-off? Click here


Phuket community
Latest Phuket taxi skirmish ends amicably

Nice to know intimidation is now known as a' misunderstanding'- never seen that in the Oxfor...(Read More)

Phuket Opinion: Shine a little light

Golf play expressions are not having any value to encourage Thai people and foreigners living here p...(Read More)

Latest Phuket taxi skirmish ends amicably

the usual day in the jungle ... ...(Read More)

Fears for safety after beauty clinic owner assaulted, threatened at gunpoint

When you own/operate a business on Phuket during high season you not go other provinces, and leave y...(Read More)

Phuket Opinion: Shine a little light

@Maverick. Totally agree. Surely theres a basement at home where they could sit in their aged, crust...(Read More)

Reduced cost school uniform promotion launched

Perhaps a pilot project to see or it works? School students go in 'private' clothes to schoo...(Read More)

Latest Phuket taxi skirmish ends amicably

I doubt or the taxi/transport thugs are protected. It seems closer to the truth that these cartels a...(Read More)

Police shoot gunman dead after 15-hour standoff

Two deadly standoff's in 1 week time. And they were really long in duration. Are there no traine...(Read More)

Tourist police clamp down on overstay, tourism-related crimes

Start the clamp down on Immigration officers, visa agents and foreigners provided 1 year student vis...(Read More)