Non B & WP Problem

[Ivepo]

Hi, 

 

I want to cancel my WP & Non B. I went to Ministry of Labor but I cannot cancel it as my employer can only do it. The Ministry of Labor adviced me to go to Immigration so I went there and they gave me requirements to cancel and they also told me to exit. Upon having the requirements, I went to my previous company and they don't want to give me papers. Im planning to exit tomorrow to Cambodia and apply to Chaengwattana on monday. Will their be any problem if I will apply there? 

 

Thanks

[ubonjoe]

Without a termination letter you may have a problem leaving the country at Cambodia border crossings near Bangkok.

A company that does runs to Ban Laem has this on their website.

Quote

Contact us if your overstay is more than 20 days, if you have to transfer passport or cancel a valid Non Immigrant Visa.

Source: http://www.thaivisaservice.com/

No problem to apply for the visa at immigration on Monday if you get a 30 day visa exempt entry.

[Ivepo]

Okay. I have contacted an agency that can help without a termination letter. 

[Ivepo]

If I will extend to one year my Non O, will there be any problem given that i have cancelled my visa?

 

[ubonjoe]

2 minutes ago, Ivepo said:

If I will extend to one year my Non O, will there be any problem given that i have cancelled my visa?

 

You will do an extension of the 90 day entry from the non immigrant visa you will be applying for.

No problem because you canceled your a previous extension.

[allane]

I'm a bit puzzled by Ubonjoe's comment in Post #2::

50 minutes ago, ubonjoe said:

Without a termination letter you may have a problem leaving the country at Cambodia border crossings near Bangkok.

 

Can't a foreigner exit Thailand at any time, as long as he is not on the police "Wanted List", or in an overstay situation ?

Edited November 10, 2017 by allane
x

[ubonjoe]

4 minutes ago, allane said:

Can't a foreigner exit Thailand at any time, as long as he is not on the police "Wanted List", or in an overstay situation ?

Not at some border crossings.

The problem is that many people on extensions of stay based upon working or teaching leave their jobs without having their extension properly canceled and try to leave the country months after they stopped working. Those extensions end on the date the job ends and technically they are on an overstay from that date. 

[varun]

25 minutes ago, allane said:

I'm a bit puzzled by Ubonjoe's comment in Post #2::

Can't a foreigner exit Thailand at any time, as long as he is not on the police "Wanted List", or in an overstay situation ?

There are no such issues when you leave via air/ airport.
It is only an issue when you attempt to exit via certain land border crossings e.g Laos/Cambodia

 

Edited November 10, 2017 by varun

[allane]

I was also surprised to see that the OP said that he could not cancel his own Work Permit I did exactly that in 2005, with no involvement by my employer. Or is, like many other things, dependent on which Labour Dept. office it is ?

[Ivepo]

1 hour ago, allane said:

I was also surprised to see that the OP said that he could not cancel his own Work Permit I did exactly that in 2005, with no involvement by my employer. Or is, like many other things, dependent on which Labour Dept. office it is ?

Because there's a new rule now. Only the employer can cancel work permit. It cannot be cancelled by employees themselves without the employer's signature

[allane]

Can someone cite a written source re this assertion that only the employer can cancel a Work Permit ?  There must be many instances where the employer or former employer refuses to co-operate.

[scottiejohn]

I made the mistake of leaving the country without a re-entry permit (my mistake I thought I had one but had forgotten to get one at my last WP/extension renewal) (exit and re-entry by air) and on my return I was told that my WP etc were automatically cancelled, I was now on a 30 day etc and had to start the whole process again even though my company was up and running and had been for a number of years.

[allane]

Ubonjoe, can you please comment on my Posts #'s 9 and 11 ?

[ubonjoe]

9 minutes ago, allane said:

Ubonjoe, can you please comment on my Posts #'s 9 and 11 ?

I think it is false info coming from a local work permit office.

As far as I know the holder of the work permit can cancel it.

It is still shown on the canelation form instructions. 

https://www.doe.go.th/prd/assets/upload/files/alien_en/36b15cb4868e72c9630f49d6dd6c89b4.pdf

[allane]

Thank you for the fast reply. I think some agent was lying to the OP, presumably so that he could collect a fee to do something that the OP can easily do for himself.

[KhaoNiaw]

14 hours ago, scottiejohn said:

I made the mistake of leaving the country without a re-entry permit (my mistake I thought I had one but had forgotten to get one at my last WP/extension renewal) (exit and re-entry by air) and on my return I was told that my WP etc were automatically cancelled, I was now on a 30 day etc and had to start the whole process again even though my company was up and running and had been for a number of years.

That's pretty obvious. I know people make that mistake but you know you should have it. Completely different from the OP's situation.

[NanLaew]

8 minutes ago, allane said:

Thank you for the fast reply. I think some agent was lying to the OP, presumably so that he could collect a fee to do something that the OP can easily do for himself.

But in the OP he says,

 

22 hours ago, Ivepo said:

... I went to Ministry of Labor but I cannot cancel it as my employer can only do it. ..

Looks like he tried to DIY but was rebuffed? As ubonjoe suggests,

 

23 minutes ago, ubonjoe said:

I think it is false info coming from a local work permit office.

As far as I know the holder of the work permit can cancel it.

It is still shown on the canelation form instructions. 

https://www.doe.go.th/prd/assets/upload/files/alien_en/36b15cb4868e72c9630f49d6dd6c89b4.pdf

If there's a Thai version of that document, maybe the OP needs to take a copy to the Labor Office and try again? This of course with the caveat of never appear to be telling a government desk jockey how to do their job.

 

Maybe the OP's local Labor Office has an 'agreement' with aforementioned agency?

[scottiejohn]

36 minutes ago, KhaoNiaw said:

That's pretty obvious. I know people make that mistake but you know you should have it. Completely different from the OP's situation.

The point I was making in my post was that by leaving the country without a re-entry permit my WP was cancelled automatically.  Surely the OP can do that.

[ubonjoe]

3 minutes ago, scottiejohn said:

The point I was making in my post was that by leaving the country without a re-entry permit my WP was cancelled automatically. 

Actually there is no automatic cancellation of a work permit. It has to be canceled by the submitting a cancellation form.

Your extension of stay ended when you entered the country without having a re-entry permit.

[Ivepo]

Hi Allane, I went to the Ministry of Labour last week. they have a new rule now that only an employer can cancel the visa. I can show you a photo of their requirements. 

 

What I did now is I went to Cambodia to exit to cancel my visa extension. And my problem is that the previous employer wont cooperate. We are now taking legal actions to this fuckin employer

[Ivepo]

Btw, for your info, the new rule was just last June. I went to Ministry of Labor and Immigration for these. So I think I have first hand info. If you want to cancel your WP/Extension and youre no longer working with your previous employer, better exit the country so you wont have any problem when applying for the next one. If they wont cancel it and wont cooperate, better report them to the Labor as they will be fined 400k - 800k baht

[BritTim]

2 hours ago, Ivepo said:

Hi Allane, I went to the Ministry of Labour last week. they have a new rule now that only an employer can cancel the visa. I can show you a photo of their requirements. 

The Ministry of Labor has never been able to cancel a visa (or even an extension of stay on the basis of working).

 

If you are in Thailand on an extension of stay on the basis of working, you should visit your immigration office, that originally granted the extension (with a letter from your employer stating your termination date) to get it canceled.

 

If you have a valid unexpired visa, there is no legal requirement to have it canceled when your employment ceases. I also cannot foresee any common scenario where you might want to. Anyway, neither the Ministry of Labor, nor your immigration office can cancel visas issued by consulates abroad. The Ministry of Foreign Affairs might be able to, if you can give them a reason. I am not sure.

[allane]

The waters seem to be getting muddier instead of clearer. To the OP: Did the Labour Dept. refuse to cancel your Work Permit, your Extension of Stay, or both ? The latter needs to be done at the Immigration Department.

This could be a major issue that affects, hundreds, if not thousands of people. Particularly given that you are in Bangkok, I am surprised that if what you say is true, we have not had many others on here reporting the same.

In 1996, I worked for an employer who refused to give me my Work Permit when I quit, and as far as I know,never cancelled it.  The Personnel Officer at my new workplace was able to sort things out on the phone, and I had no trouble getting a new Work Permit.

[Ivepo]

Your visa wont be cancelled though, even if you left the office already. What my point here is, you cannot cancel your work permit by yourself bcs only employer can do that. You can just exit to Cambodia to cancel your visa if you want to. Problem will arise if you will apply for another visa/wp if you haven't cancelled everything with regards to your previous visa.

[allane]

Can you, or anyone, cite a source re this ? I have done an internet search and found nothing re a new law or regulation in June of this year, or any older statements indicating that a Work Permit can only be cancelled by the employer.

[Ivepo]

I will send you a photo of the form