Can none immigrant B visa can cacel by your employer after resigned or fired at work?

[EnricoSuarez]

Hi,can anyone here can give me a good advice if,your none immigrant B visa will possibly cancel by your employer upon resignation or fired,even you still have 9 nonths before expiration. I know work permit can be cancel but,wondering about Visa. What will be the best options or what can i do after? Please help.thank you

[BritTim]

Your employer cannot have your visa cancelled. However, nine months remaining seems more likely to mean an extension of permission to stay based on working. The work permit can be cancelled by the employer, and the extension ceases to be valid once your employment is terminated.

 

If you happen to have a multiple entry Non B visa that expires in nine months, your employer cannot arrange for it to be cancelled. Your work permit and extension can be cancelled.

[Wilson Smith]

If your WP has been canceled and you plan to apply for another visa in the future you are currently costing yourself a 500 Baht a day fine.

[jacko45k]

34 minutes ago, Wilson Smith said:

If your WP has been canceled and you plan to apply for another visa in the future you are currently costing yourself a 500 Baht a day fine.

And other serious considerations.

[overherebc]

If you do 90 day reports it will be an extension.

If you have to leave and return every 90 days it will be a multi entry visa.

[overherebc]

1 hour ago, Wilson Smith said:

If your WP has been canceled and you plan to apply for another visa in the future you are currently costing yourself a 500 Baht a day fine.

WP gets cancelled at the labour office not at Immigration.

If the employer has notified Imm' and had his extension cancelled then he would have ended up with 7 days to leave Thailand.

He needs to get that letter for Imm' with the date of termination and take it to Imm' if he has an extension of stay.

If he has a multi entry B visa then he doesn't need to do anything except use the visa until it expires.

[overherebc]

Before anyone can give a correct answer it is essential to determine what the OP has, a multi entry B or an extension of stay based on employment.

A photo says a thousand words, or in this case either of two words,  visa or extension.

Images

Visa

Extension of stay, retirement.

Edited January 16, 2019 by overherebc

[arithai12]

I think BritTim said it already... one of two cases:

 

1) If you are using a Visa (issued by an embassy abroad), it cannot be cancelled because of termination.

 

2) If you have an extension of a Visa (which seems more likely), your situation depends on your employer. If he as fired you, or you have resigned, in principle he should go and cancel your work permit. Your extension will cease to be valid and you will be on overstay from the next day. However:

 

2a) some employers do no bother to notify the labor department of your termination right away.

2b) even with the work permit cancelled, since the labor department doesn't handle your passport and afaik they don't talk to immigration, there is no cancel stamp on your extension so in principle you could try your luck and stay in the country until the formal expiration date of the extension. At the risk of course that if someone finds out or reports you, you will be in big trouble.

[EnricoSuarez]

Even i still have this? Can i still go for a 90 days report in immigration office.without any hesitation? Really thank your for your replies evry one.thank you

[overherebc]

The stamp you posted is an extension of stay.

If you resign or get fired it 'should' be cancelled at Imm' by your employer.

I'm taking it that you are asking for info' in case either happens.

You would be taking a risk using the extension if either happened.

You could ask your employer for a letter dated a week or two after you resign or get fired.

You go to Imm' withe that letter and get your extension cancelled, apply for a 30 day extension ( 1900 baht ) but they will say 'no' and give you 7 days to leave and get another visa somewhere.

Using the extension carries the risk of being fined for overstay and possible blacklist.

Your decision I'm afraid.

[Enki]

21 hours ago, BritTim said:

Your employer cannot have your visa cancelled. However, nine months remaining seems more likely to mean an extension of permission to stay based on working. The work permit can be cancelled by the employer, and the extension ceases to be valid once your employment is terminated.

 

If you happen to have a multiple entry Non B visa that expires in nine months, your employer cannot arrange for it to be cancelled. Your work permit and extension can be cancelled.

That is wrong.

The visa is invalid after 7 days of termination of the work. And during that 7 days he has to leave the country. There is however an option to extend those 7 days ... but that is a pretty short extension. It is much better to actually leave the country and come back on visa exempt or with a tourist visa.

 

Basically all the wordings are wrong. The WP is not canceled by the employer ... but by thai legislation. The employer is required to inform immigration instantly when a work contract is terminated. The WP is void automatically when you receive the notice that you are fired, or the moment you quit working.

[overherebc]

31 minutes ago, Enki said:

That is wrong.

The visa is invalid after 7 days of termination of the work. And during that 7 days he has to leave the country. There is however an option to extend those 7 days ... but that is a pretty short extension. It is much better to actually leave the country and come back on visa exempt or with a tourist visa.

 

Basically all the wordings are wrong. The WP is not canceled by the employer ... but by thai legislation. The employer is required to inform immigration instantly when a work contract is terminated. The WP is void automatically when you receive the notice that you are fired, or the moment you quit working.

Wrong in so many ways. ????

[PoorSucker]

31 minutes ago, Enki said:

That is wrong.

The visa is invalid after 7 days of termination of the work. 

Only applies if the employer is a BOI company. 

Non BOI company employees do not get seven days automatically and must apply for it. 

[BritTim]

42 minutes ago, Enki said:

That is wrong.

 The visa is invalid after 7 days of termination of the work. And during that 7 days he has to leave the country. There is however an option to extend those 7 days ... but that is a pretty short extension. It is much better to actually leave the country and come back on visa exempt or with a tourist visa.

 

Basically all the wordings are wrong. The WP is not canceled by the employer ... but by thai legislation. The employer is required to inform immigration instantly when a work contract is terminated. The WP is void automatically when you receive the notice that you are fired, or the moment you quit working.

Before we discuss this further, do you know the difference between visa, permission to stay, and extension of permission to stay? If you do, my next question is whether the visa is, as commonly the case, issued by a consulate outside Thailand? It is possible to apply for a visa at immigration via a process generally described as conversion. However, in that case, the visa (always a single use one) is issued and used on the same day, and the question of its cancellation can never arise.

 

Usually, the permission to stay you receive when entering the country with a visa cannot be cancelled by immigration (except pursuant to court action). The visa will not be cancelled by immigration, but might become worthless if you are deported and blacklisted.

 

I understand the rules are slightly different depending on BOI versus non BOI employer. However, the basic concept is the same. An unexpired visa, and a permission to stay from a visa issued at a consulate outside Thailand cannot usually be cancelled by immigration (or indirectly by your employer). An extension of your permission to stay on the basis of your employment becomes void after your employment ends, and you either need a new extension on some other basis, or to promptly leave the country.

[overherebc]

12 minutes ago, BritTim said:

Before we discuss this further, do you know the difference between visa, permission to stay, and extension of permission to stay? If you do, my next question is whether the visa is, as commonly the case, issued by a consulate outside Thailand? It is possible to apply for a visa at immigration via a process generally described as conversion. However, in that case, the visa (always a single use one) is issued and used on the same day, and the question of its cancellation can never arise.

 

Usually, the permission to stay you receive when entering the country with a visa cannot be cancelled by immigration (except pursuant to court action). The visa will not be cancelled by immigration, but might become worthless if you are deported and blacklisted.

 

I understand the rules are slightly different depending on BOI versus non BOI employer. However, the basic concept is the same. An unexpired visa, and a permission to stay from a visa issued at a consulate outside Thailand cannot usually be cancelled by immigration (or indirectly by your employer). An extension of your permission to stay on the basis of your employment becomes void after your employment ends, and you either need a new extension on some other basis, or to promptly leave the country.

Slightly wrong on the extension of stay cancellation.

If your extension of stay is done for employment purposes it is tied to your employment and should be cancelled when the employment ends.

Employed using an an extension based on being married is not cancelled as it's tied to being married.

A visa issued outside Thailand 

( single or multi entry ) remains valid when employment ends except as you say if cancelled by some sort of court action.

[EnricoSuarez]

9 hours ago, EnricoSuarez said:

Even i still have this? Can i still go for a 90 days report in immigration office.without any hesitation? Really thank your for your replies evry one.thank you

A lot of,opinions and i don’t which one am going to believe. So still thank you for the advices. Is there anyone here working in immigration, or toursist police immigration assistant,had experienced about this kind of situations?