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So, Thai LTR Visa Holders DO Need To Do 90 Day Reporting?
Transcript of the above video:
As the title of this video suggests, we are posing the question, "so in fact LTR Visas, the so-called Long Term Residence Visas which as I have discussed in other videos, I don't mean to sound like a broken record, does not provide Lawful Permanent Residence here in Thailand?" In essence, it is sort of a long stay Visa. That said, in the sense that it is Residence, it allows you to stay for a long period, I sort of get the colloquial usage of the term, but when we are talking in Immigration, one would think you would want to use terms of art with specificity and “Residence” for most people implies the ability to live there forever; to be clear, LTR Visas don't grant that. It's a Non-immigrant Visa, it's just a special Non-Immigrant Visa unlike other standard Non-immigrant Visas under the Immigration Act.
That said, as I have discussed in other videos, I fail to see, LTR Visas have been touted as not needing to do 90-day reporting. I have explained this in other videos that I fail to see how that is possible especially when reading the Immigration Act of 1979 because Non-Immigrant Visa holders of all stripes, unless you have Lawful Permanent Residence, you need to do 90-day reporting. Now I have had folks who have contacted me, not clients, apparently just viewers of the channel who have contacted me and provided information where they have communicated with in this case the BOI, the relevant folks who issue the LTR Visa, and they get answers that to them sound very strange, in fact answers that are rather nonsensical under certain circumstances.
That said, I thought of making this video after reading a recent article from the Bangkok Post, bangkokpost.com, the article is titled: Immigration updates 90-day online Reporting. Quoting directly: "The Immigration Police said the "90 Days Online Notification" service initially covers foreign investors who have received promotional privileges from the Board of Investment. It would later be expanded to cover other kinds of visas, he said." Now as we have discussed in other videos, this LTR Visa is a creation of BOI and it seems that that must be what they are talking about. "Oh you don't need to do 90-day reporting by going to an Immigration Office, there is an online system for doing 90-day reporting."
Again all of this has been rather Ad Hoc for lack of a better term in its implementation, and again I fail to see where the legal authority to not do 90-day reporting exists. And as I stated a moment ago, we have had folks that have contacted us that have been in contact with the folks that pertain to LTR Visas - we process them ourselves but I am not interested in getting into a big philosophical quid pro quo regarding the statutory authority for not doing 90-day reporting - but we have had folks that have contacted us that have provided responses wherein it is not really clearly outlined how they claim that 90-day reporting is not a factor in the LTR Visa process because again the LTR Visa does not grant Lawful Permanent Residence. The Immigration Act of '79 is clear, you have got to be a Lawful Permanent Resident in order to be exempt from 90-day reporting. Therefore the LTR Visa, based on just sort of a rudimentary understanding of the way law works, the LTR Visa wouldn't be covered by that. It seems though there is some kind of I guess miscommunication regarding that as, yes in fact it is a requirement, it is just those types of visas that are issued out of the BOI can avail themselves as of now, of a how do you want to put it, a more improved 90-day reporting online system but that 90-day reporting online system will shortly be available to the public at large.
So again, I wanted to make this video for no other reason than to clarify the issue of 90-day reporting with regard to the LTR Visa. It does appear that yeah 90-day reporting is required as part of the LTR scheme and there is just sort of a different mechanism i.e. this online mechanism which can be used in order to fulfill that requirement.