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ResourcesVisa & Immigration LawThailand Immigration LawWhat's the Legal Authority for 90 Day Reporting Exemption?

What's the Legal Authority for 90 Day Reporting Exemption?

Transcript of the above video:

As the title of this video suggests, we are discussing 90-day reporting in Thailand. I recently received some correspondence from somebody who sent me this. I am going to quote directly: "I've written to the BOI six times since June seeking an explanation of how LTR Visa holders can legally flout section 37.5 of the Immigration Act." So the Immigration Act of '79, section 37.5 makes it mandatory for Non-Immigrant Visa holders to do 90 day reporting; I have discussed this at length in other videos. Quoting further: "I had one response saying they would pass on my concerns to Government Departments but I guess they are struggling to find any Government Spokesperson who can come up with a rational response to such blatant inconsistency in how foreign pensioners residing in Thailand are treated." 

Well I think the issue is that at the end of the day the Immigration Act of '79 states what it states. It says there has to be 90-day reporting for Non-Immigrant Visa holders. LTR Visa holders are not residents. We have discussed that, they do not have Thai Permanent Residence per the Thai Immigration Act so therefore they have to do 90-day reporting like everybody else. If you're in Thailand for more than 90 days as noted by this person who sent this correspondence, under Section 37.5 of the Immigration Act you have got to do 90-day reporting every 90 days. Ever since they brought forward this notion of an LTR Visa and said: "oh there is exemption from 90 day reporting" I have stated over and over again, where's the legal authority for that? I mean if they pass an Act I guess that overrides, well no it wouldn't work that way, I mean in a Civil Law System, I would think you would have to go ahead and amend the Immigration Act of '79, I would think. 

So again, it depends on circumstances and I am not saying I am not the end all be all authority on this, it is just I have been confused by this overall issue myself, the notion that 90-day reporting is exempted for the so-called LTR Visas, I just don't see where that authority stems from and as this person pointed out, they have asked directly the question and again nobody's been able to point out any authority for it so at the end of the day I think the best way to look at this is to presume that anybody who is in Thailand in Non-immigrant Visa status is going to still have to do 90-day reporting no matter what the media or anybody else says about it.