Visa and Work permit question

[TeachWork]

Hi guys. I have just finished my contract at a school in Khon Kaen, and have returned my work permit to the company. In my passport, my current VISA expires on September 30th.

 

My question is this-will the return of the work permit render my VISA void, and will I have to apply for a Non-Immigrant B visa, in order to stay in the country?

 

 

 

Thanks,

 

a concerned teacher

[elviajero]

If you have a 90 day permit to stay from a visa entry your job ending doesn’t affect that permission to stay and you can stay until the end of the 90 days.

 

If you have extended your stay, based on your job/WP, your permit to stay ends the day your employment ends, not necessarily the day your WP is cancelled. You can apply for 7 days to leave the country.

 

If you qualify for an extension of stay for another reason (i.e. retirement, spouse, parent) you might be able to arrange that to start when your current extension based on work ends. Otherwise you’ll need to leave the country and apply for a new visa.

 

 

Edited March 1, 2018 by elviajero

[glasswort]

13 hours ago, TeachWork said:

have returned my work permit to the company.

I have always understood that a work permit is the property of the employer not the employee. I have had several jobs (not teaching) in Thailand and my employer always retained the permit. Needless to say it was always made available if I needed it - opening bank accounts and the like.

[Suradit69]

15 hours ago, TeachWork said:

my current VISA expires on September 30th.

The expiration of a VISA, i.e. the stamp or sticker you got at an embassy or consulate, is irrelevant.

What matters is your permission to stay in Thailand ... what you were given at a border, airport or immigration office. If you got a permission to stay by using a visa to enter the country, then that permission is valid until the date shown on the stamp.

 

If you went to an immigration office and had your permission to stay extended based on employment, that extension ends as soon as the reason for it ends ...when your employment ends.  

[Suradit69]

14 minutes ago, tomazbodner said:

If work permit is returned, and employee has visa extension based on work permit (extension done inside Thailand at immigration office), then such visa must be canceled within 7 days of work permit cancellation, upon which another 7 days' stamp would be received, by which "alien" must leave the country.

There is no such thing as a "visa extension." An extension given by immigrations is an extension of one's permission to stay.

 

When employment ends, the validity of an extension based on employment also ends. Not sure what 7 day grace period you're talking about. "And such visa must be canceled" doesn't make sense either. It's the permission to stay that would be ended, not a "visa."

 

The 7 days to leave the country would be obtained by applying for ( not simply receiving) an extension of stay. Assuming that application is denied, then immigrations would give you 7 days to leave the country. 

 

Sounds like you lifted what you posted from some visa agent or law firm website that is fairly loose with the terms used and with the rules governing such things. Good idea to supply a link when quoting.

 

 

 

 

 

 

 

Edited March 2, 2018 by Suradit69

[Suradit69]

34 minutes ago, tomazbodner said:

There is no grace period. When you go to immigration to cancel your extension of stay, they would cancel previous extension of stay that was based on WP (and this must be done within 7 days of returning WP), and grant you a new one for 7 days to leave the country.  However during this extension of stay, you can apply for another work permit, and reapply extension of stay based on that new work permit - which allows you to switch employer without having to leave the country. 

You're saying there is no grace period but then you say you have 7 days to cancel the extension of stay. That would be a grace period and I doubt that is true.

 

You make it sound like they'll grant you 7 days to leave the country automatically. That 7 days comes from applying for an extension of stay and having it denied.

 

I very much doubt that you could be given 7 days to leave the country and then during that week obtain a new work permit and apply for another extension of stay based on employment. I suppose anything is possible, especially with some "assistance," but this sounds  unworkable.

[TerryLH]

2 hours ago, tomazbodner said:

Read the rules in it which state that you must always have it on you at place of work.

I think it really says that the WP must be available at the work place, nothing about having it on you.

[glasswort]

8 hours ago, tomazbodner said:

Work permit is your property and your responsibility. Read the rules in it which state that you must always have it on you at place of work. It is also your responsibility to keep it extended before expiry, although employers will often offer service through law firm to help with process and provide documentation required.

 

If work permit is returned, and employee has visa extension based on work permit (extension done inside Thailand at immigration office), then such visa must be canceled within 7 days of work permit cancellation, upon which another 7 days' stamp would be received, by which "alien" must leave the country.

 

If switching between employers, within these 7 days, a new WP can be applied for, and extension (under consideration) made on the new work permit without the need to leave the country.

 

However if foreign employee did not extend visa based on work permit (multi-entry non-B visa, where 90 days stamps are given on entry and alien leaves the country every 3 months) then returning WP has no effect on the visa itself and it can be used until expiry.

 

Last note - if visa is not canceled after WP is returned, fine is a minimum of 2000 baht if caught. Generally people get caught when applying for new work permit, rarely while leaving the country.

So what? I was only relating my experiences before I retired seven years ago and I certainly did not leave the country on the expiration of my permit and visa. The work permit and visa expired at the end of my contract in Bangkok and whatever was necessary was done by my my employer on a particular morning. I came to Pattya in the afternoon where I had always maintained a permanent address, obtained the letter from my bank, went to Jomtien applied for and obtained my extension of stay based on retirement, no problems whatsoever.

[TeachWork]

Hi guys, sorry for late reply. I've actually checked my passport and I think my 90 day report answers the question-I need to do it before 26th of March, so hopefully this is the answer. 

[FritsSikkink]

31 minutes ago, TeachWork said:

Hi guys, sorry for late reply. I've actually checked my passport and I think my 90 day report answers the question-I need to do it before 26th of March, so hopefully this is the answer. 

Your 90 day report has nothing to do with it.

[ubonjoe]

37 minutes ago, TeachWork said:

Hi guys, sorry for late reply. I've actually checked my passport and I think my 90 day report answers the question-I need to do it before 26th of March, so hopefully this is the answer. 

That means you have an extension of stay based upon working not a visa. Your extension ends on the date you stop working.

[Suradit69]

On 3/2/2018 at 12:44 PM, tomazbodner said:

You don't have to cancel extension of stay on the same day you cancel work permit. You have 7 days to do it.  Written on the extension of stay application form near the signature line. 

You sign a TM.7 in two places and near neither of them is there anything that I can see about having 7 days to do anything.

There's a space for the applicant to write in how many days' extension he's applying for, but if they grant you 7 days after you apply, that's 7 days to leave the country.

 

You talk about resigning and canceling your work permit, but the fact remains whenever your officially stop work, your extension ends. Your employer may help you out by post-dating the date your work ends to give you some time, but that's them helping you, not a ruling from immigrations.

 

 

5 hours ago, ubonjoe said:

Your extension ends on the date you stop working.

 

[Takeprofit]

I am confused a bit:

My company notified me they are going to terminate my contract on 1st of May.

I have a WP and extension of stay based on WP.

What should I do and when should I leave the country to avoid any problems with immigration?

[overherebc]

17 minutes ago, Takeprofit said:

I am confused a bit:

My company notified me they are going to terminate my contract on 1st of May.

I have a WP and extension of stay based on WP.

What should I do and when should I leave the country to avoid any problems with immigration?

Another question? How long have you worked for that company?

[Takeprofit]

8 minutes ago, overherebc said:

Another question? How long have you worked for that company?

1 year and 10 months.

[overherebc]

10 minutes ago, Takeprofit said:

1 year and 10 months.

Have they told you how much severence pay you are entitled to?

Main reason for my question.

You may be entitled to 3 months( 90 days) severence pay.

I believe that covers more than 1 year but less than 3 years in your case.

Edited March 28, 2018 by overherebc

[Takeprofit]

12 minutes ago, overherebc said:

You may be entitled to 3 months( 90 days) severence pay.

Yes, you're right - they told me they will pay 3 months.

So, now I am thinking of the date when I should leave the country to apply for tourist visa...

Should it be 1st of May? Or 7th? Or depends on WP and visa cancel dates?

[overherebc]

9 minutes ago, Takeprofit said:

Yes, you're right - they told me they will pay 3 months.

So, now I am thinking of the date when I should leave the country to apply for tourist visa...

Should it be 1st of May? Or 7th? Or depends on WP and visa cancel dates?

Ok good to hear about that.

It sounds like they are ok to deal with so maybe they would give you a letter dated later than 1st of May so you can get things done without rushing.

I believe, maybe wrong, there is a form you can sign to let them cancel your work permit if you do that and get a post dated letter for finish date as well it gives you a bit more time to organise things.

Edited March 28, 2018 by overherebc

[elviajero]

37 minutes ago, Takeprofit said:

So, now I am thinking of the date when I should leave the country to apply for tourist visa...

Should it be 1st of May? Or 7th? Or depends on WP and visa cancel dates?

You need to leave on or before May 1st.

 

Your permission to stay ends when your employment ends. You could go to immigration before the 1st with your termination letter and get an extra 7 days to leave the country (1,900 baht).

[Takeprofit]

Thank you guys. Will book my flight on 1st of May. 

[Takeprofit]

On 28.03.2018 at 12:37 PM, elviajero said:

You need to leave on or before May 1st.

 

BTW my friend asked his friend about my situation and he told me I can stay until my extension date.

He told me the Immigration Office will never know about my work permit cancelled or not, so I can stay under my extension. 

Is there any risk of going this way?

[Swimman]

3 minutes ago, Takeprofit said:

 

BTW my friend asked his friend about my situation and he told me I can stay until my extension date.

He told me the Immigration Office will never know about my work permit cancelled or not, so I can stay under my extension. 

Is there any risk of going this way?

Relying on information supplied by the 'friend of a friend is not a good idea. 

[Takeprofit]

8 minutes ago, Swimman said:

Relying on information supplied by the 'friend of a friend is not a good idea. 

I agree 100% but I am still confused about this situation.

He told me there is no any data exchange between Ministry of Labour and Immigration. So, the immigration officer on the border will never know about my WP status.

[Swimman]

8 minutes ago, Takeprofit said:

I agree 100% but I am still confused about this situation.

He told me there is no any data exchange between Ministry of Labour and Immigration. So, the immigration officer on the border will never know about my WP status.

But the IO would see the extension of stay stamped in the passport and could well ask questions about it,,,,,,,,,,,,,,

[Takeprofit]

4 minutes ago, Swimman said:

But the IO would see the extension of stay stamped in the passport and could well ask questions about it

So, what questions he could ask?

Should I have any letter from my company?

[elviajero]

5 hours ago, Takeprofit said:

 

BTW my friend asked his friend about my situation and he told me I can stay until my extension date.

He told me the Immigration Office will never know about my work permit cancelled or not, so I can stay under my extension. 

Is there any risk of going this way?

Your friend is correct. But if it is discovered that you stayed beyond the date your employment ended you could be considered  as having overstayed, and could be fined and prosecuted/banned for overstay.

 

4 hours ago, Takeprofit said:

So, what questions he could ask?

Should I have any letter from my company?

If you leave from an airport without cancelling the extension they are unlikely to want anything and will just stamp you out.

 

At land borders they might ask to see the employment termination letter so the extension can be properly cancelled before you leave. If the employment ended before your departure date you could get fined for overstay.