Work Permit Cancellation & Visa

[wowwo]

I was working in Samui but moved to Phuket 2 months ago to work for another company. I am in the possesion of a 12 month Non-B multiple entry visa expiring in October. When I moved to Samui my previous employer cancelled my workpermit. In the mean time my new employer orginized a new workpermit for me. My new employer says that .....when my employer in Samui cancelled my workpermit that my 12-month Non-B visa was automatically invalid as well.

In other words..........if a company cancels your work permit does this mean that your 12 month Non -B Visa is invalid as well at the same time?

Is this correct?

[angie]

YES, this happened to my husband in March this year.

[manfromoz]

Are you sure you were on a non-imm visa and not a permission to stay stamp for your work permit?

[wowwo]

Yes 100%, I am in the possesion of 12 month Non-B.

I got this is Holland last year in September.

[Indo-Siam]

The problem here is the use of the word "visa".

Your problem is not with your visa. Your problem is with your entry permit. These are not the same.

Having a valid non-immigrant entry permit is what makes you eligible for a 90-day work permit. That work permit is then what may make you eligible for an EXTENDED entry permit. The EXTENDED entry permit is then what makes you eligible for a one-year work permit.

If an employer terminated your work permit, and you were on an extended entry permit at that time, then your entry permit becomes invalid, and you typically have seven days to leave the country.

If your underlying non-immigrant VISA is still valid, then all you have to do is make a border crossing, and reenter the country on another 90 day non-immigrant entry permit - which then enables you to apply for a new work permit.

If you now have a new work permit, that means that you must have a valid entry permit. But - take a close look in your passport - forget the visa (a full-page paste-in sticker) - look instead for a blue-ink stamp that tells you that "extension of stay is permitted up to ____" or a border croossing/airport entry stamp that says "Admitted until ___". The date in the blank is the date when you go into illegal overstay status.

Good luck!

Steve

Indo-Siam

www.thaistartup.com

[wowwo]

Dear Steve,

Thank you very much for this explanation, finally I think (hope) I understand.

My non-immigrant-B VISA is indeed still valid (until September) and I am indeed (since 1 week) on an EXTENDED entry permit. I will go however with my wife to Malaysia for 2 days in next few weeks………what are the implications here?

If I travel to Malaysia I will supposedly get a new 90 day non-immigrant entry permit, right? Does this mean this automatically voids my EXTENDED entry permit which is valid until October 2004? My God …this is complicated

[opalhort]

Dear Steve,

Thank you very much for this explanation, finally I think (hope) I understand.

My non-immigrant-B VISA is indeed still valid (until September) and I am indeed (since 1 week) on an EXTENDED entry permit. I will go however with my wife to Malaysia for 2 days in next few weeks………what are the implications here?

If I travel to Malaysia I will supposedly get a new 90 day non-immigrant entry permit, right? Does this mean this automatically voids my EXTENDED entry permit which is valid until October 2004? My God …this is complicated

get a re-entry permit valid for the same period of your current entry stamp extension. once you have this re-entry permit you can leave and re-enter Thailand without affecting your current extension or work permit.

opalhort

[astral]

Hs is right.

Once the work permit is cancelled the permission to stay will also be adjusted accordingly. However they will usually give you a month or so to pack up. That may be enough time for the new company to get the new work permit and get the permission to stay extended.

If not you will need to do a trip to Penang or the like to get a new visa.

[manfromoz]

A friend of mine just had the misfortune of leaving Thailand without getting a re-entry permit and has found himself in the same position as you. His work permit cancelled, he also still has a valid non-imm B visa.

When the labour department cancelled his work permit they told him his visa was also cancelled which is rubbish. I think the labour department has the same misunderstanding on extended stay permits versus visa's. Anyway to cut a long story short, he went to immigration, they told him his 90 day entry stamp was valid and to sort out his new work permit in that time. If you do a visa run and get a new 90 day stamp you can get reorganised in your new position before your visa expires.

One more thing, you have 7 days after the cancellation of your work permit to do something about your visa, not a month.

[On-the-BTS]

According to my recent experience, it's 14+7=21 days for the "pack up and get outta here" period. First they give you a stamp that's good for 14 days as a "take 14 days while we think about this" even though there's nothing to think about, and that costs the usual 1900B by the way, then you have to go to the Immigration Office again after fourteen days and they'll stamp the dreaded "application rejected, leave the country within d+7.mm.yy" stamp in your passport.