Visa not cancelled

[Bubbleme]

Hello,

 

I left my job where I had a non-B visa and WP under a BOI status (valid until July 2019). My ex employer did not cancel any of it for my "personal convenience" to stay in Thailand. I know it is a bit naive from me, but I thought it would allow me to stay a little without leaving the country as I was organising my wedding here (I am still waiting for the single certificate from my embassy to go further with the official process). Here is the thing, I am now 95 days in Thailand since I left the job (the 90 days report has been done few days ago and I got the receipt as if normal), and even if my ex employer did not cancel anything I fear that the immigration will ban me 1 year as my visa should have been cancelled 95 days ago... What do you think?

Anyway I will present myself to the BOI one-stop service for immigration to cancel visa and WP and will leave the country asap. I'm just afraid I cannot come back later on...

Thanks a lot.

[ubonjoe]

Unless it was discovered you had not been working you have nothing to worry about.

To cancel you work permit and cancel your extension you will need a termination letter from your employer. If it is dated for the date you go to immigration or after then you would not have a problem.

[Bubbleme]

Thank you. The termination letter I have is actually dated for the date I ended the job, 95 days ago ???? I asked my ex employer a new one, even 80 days old would allow me to only pay a fine which is ok with me (I wait desperately for their reply on it, if the principle would be ok for them they will be afraid of tax administration or auditors not seeing me in the payroll). They allowed my visa not beeing cancelled but the immigration will not care, an overstay is an overstay I assume... I don't know if the info is correct but I have heard that the BOI visa is a bit easier to cancel and may not require anything but the applicant request, very hard to verify, will ask them directly tomorrow...

[ubonjoe]

You could also just leave the country without anybody knowing about it. No problem to return unless you have a valid re-entry permit.

 

[Bubbleme]

Thing is I need to cancel the visa and WP for a new job in Thailand... If I go now to cancel my visa with my 95 days old letter, do you think I should expect an overstay is declared as well as the 1 year ban penalty?

Thanks for your precious replies

[ubonjoe]

1 minute ago, Bubbleme said:

Thing is I need to cancel the visa and WP for a new job in Thailand... If I go now to cancel my visa with my 95 days old letter, do you think I should expect an overstay is declared as well as the 1 year ban penalty?

I would not advise trying to cancel you extension with a 95 day old termination letter. The could detain you if you did  it and deport you.

Your work permit can be canceled after you leave the country.

If you get married you could apply for an extension based upon marriage, obtain a work permit and work with it. 

[Bubbleme]

Is there any solution for me to cancel the visa - and avoid a ban (that my new employer can process a new one), then leave the country and cancel the WP after I leave?

I am afraid we are too early in the marriage process to hope something from it (still waiting for my single certificate to give to the thai administration...), taking the risk of waiting for it would make an even worse overstay right?

By any chance could I hope anything from the BOI specific status of my visa (less documents to provide or so)?

I am afraid that the 15 days that the BOI gives to leave the country after cancelling a visa would not be considered and not giving me 15 more days after the 90 days to leave, am I right?

[BestB]

9 minutes ago, Bubbleme said:

Is there any solution for me to cancel the visa - and avoid a ban (that my new employer can process a new one), then leave the country and cancel the WP after I leave?

I am afraid we are too early in the marriage process to hope something from it (still waiting for my single certificate to give to the thai administration...), taking the risk of waiting for it would make an even worse overstay right?

By any chance could I hope anything from the BOI specific status of my visa (less documents to provide or so)?

I am afraid that the 15 days that the BOI gives to leave the country after cancelling a visa would not be considered and not giving me 15 more days after the 90 days to leave, am I right?

Do not hold me 100% to it, but what about leaving it as is until you get a new job and then just update your WP to new company and when renewing extension, renew with new documents.

 

I doubt anyone will be checking when you left your old job, as long as WP is changed/updated to new company, visa should not be a problem either

[Bubbleme]

It seems I have to process a new non-B visa and new WP anyway if the employer is not the same anymore... My new employer is actually waiting for the cancellation to make me sign my contract and process new visa and WP

[BestB]

1 minute ago, Bubbleme said:

It seems I have to process a new non-B visa and new WP anyway if the employer is not the same anymore... My new employer is actually waiting for the cancellation to make me sign my contract and process new visa and WP

Personally i never heard needing anything to from old job to get a new job, Just ask new employer to update current WP, update company and job, that is all.

 

Stay on the same visa, until expire, once expired, go to extend with docs from new company.that is all

[ubonjoe]

1 minute ago, BestB said:

Personally i never heard needing anything to from old job to get a new job, Just ask new employer to update current WP, update company and job, that is all.

 

Stay on the same visa, until expire, once expired, go to extend with docs from new company.that is all

Work permits and extensions cannot be transferred to a new employer.

Both have to be canceled first.

[ubonjoe]

24 minutes ago, Bubbleme said:

I am afraid that the 15 days that the BOI gives to leave the country after cancelling a visa would not be considered and not giving me 15 more days after the 90 days to leave, am I right?

I think they only give 7 days to leave the country.

You need to talk to your former employer about giving you an new termination letter dated closer to when you want to cancel your extension.

 

[BestB]

2 minutes ago, ubonjoe said:

Work permits and extensions cannot be transferred to a new employer.

Both have to be canceled first.

Really? so 1 WP for 1 company? if change company have to get new WP? I have only had 1 company for decades and just update it with any changes 

[Bubbleme]

What I thought... 

I can't cancel a visa, even under the BOI, on my own without info of my ex employer right?

[ubonjoe]

4 minutes ago, Bubbleme said:

I can't cancel a visa, even under the BOI, on my own without info of my ex employer right?

That is correct. Best to call an extension since visas are not normally canceled.

[Bubbleme]

To call an extension I will need to process the cancellation at the same time right? Meaning showing the termination letter?

7 days extension would mean 97 days in total and allowing me to leave this day, is that correct?

 

[ubonjoe]

11 minutes ago, Bubbleme said:

To call an extension I will need to process the cancellation at the same time right? Meaning showing the termination letter?

7 days extension would mean 97 days in total and allowing me to leave this day, is that correct?

 

Do mean an overstay of 97 days. With a current termination letter there would be no overstay.

You would get 7 days to leave the country.

[Bubbleme]

Then the only option is getting a new letter dated of the day I go to cancel the visa right? Not sure I get it, this is what you call a current termination letter is that correct?

[ubonjoe]

2 minutes ago, Bubbleme said:

Then the only option is getting a new letter dated of the day I go to cancel the visa right? Not sure I get it, this is what you call a current termination letter is that correct?

Yes one dated for the date you go to immigration or after that day.

That is the only way to avoid an overstay other than leaving the country without having it canceled.

[scorecard]

57 minutes ago, BestB said:

Do not hold me 100% to it, but what about leaving it as is until you get a new job and then just update your WP to new company and when renewing extension, renew with new documents.

 

I doubt anyone will be checking when you left your old job, as long as WP is changed/updated to new company, visa should not be a problem either

"....then just update your WP to new company..."

 

That's possible but very complex, so complex that most old / new employers would not agree to going through the process.

[Bubbleme]

15 minutes ago, ubonjoe said:

Yes one dated for the date you go to immigration or after that day.

That is the only way to avoid an overstay other than leaving the country without having it canceled.

If I leave the country now and come back after to cancel my visa, would it lift the previous overstay? I mean would they only check the last entrance date and accept the old letter to cancel the visa?

[ubonjoe]

10 minutes ago, Bubbleme said:

If I leave the country now and come back after to cancel my visa, would it lift the previous overstay? I mean would they only check the last entrance date and accept the old letter to cancel the visa?

They might not formally cancel the extension with a letter that old.

Is your new employer a BOI company? 

Some immigration offices do not insist on the previous extension being formally canceled.

[Bubbleme]

The new company is under a BOI application, not far enough in the process they are submitting a project only now... My new visa would be processed as a classic Non-B..

[Bubbleme]

Is the letter has to be the termination letter itself or could it be a simple letter of the old employer asking this day the cancellation of the visa without other details?

[ubonjoe]

27 minutes ago, Bubbleme said:

The new company is under a BOI application, not far enough in the process they are submitting a project only now... My new visa would be processed as a classic Non-B..

Leaving the country to void out your extension may be your only option unless you are able to get a new termination letter.

It is possible the office you apply for the extension at will not want it to be formally canceled.

[Bubbleme]

About the letter? Any idea of the possible format or it has to be The termination letter?

If I leave the country to cancel the visa later on, what should I do when leaving and when enterring the country again?

[ubonjoe]

9 minutes ago, Bubbleme said:

About the letter? Any idea of the possible format or it has to be The termination letter?

If I leave the country to cancel the visa later on, what should I do when leaving and when enterring the country again?

Just a basic letter stating the date your employment ended from you employer.

Nothing different when departing the country. Entry is the same as well unless you have a valid re-entry permit.