Non Imm O dilema

[kingkenny]

I got a Non Imm O last May from Savanakhet, multi entry, to.enter Thailand before 2nd May 2019.

 

I entered in May 2018. I got a job in July 2018 and a work permit with th Non Imm O. The company wanted to do an extension of stay and went to immigration just prior to me needing to leave and re enter for 90 days and immigration gave an extra couple of weeks to avoid me needing to leave. I got the extension of stay in October which lasts until October 2019. The company cancelled the work permit in February and said it won't affect my visa as it's a Non Imm O and I should revert to the initial May date and not the new stamp of October, someone I know confirmed this with immigration.

 

Now I am planning to leave and re enter before 2nd May to get a 90 days stamp but I notice in my passport I only have the October stamp, what will immigration do when I am trying to leave? Is that October visa stamp still valid? Am.I here legally?

 

 

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[ubonjoe]

If you do not have a re-entry permit your current extension will completely be invalid as as soon as you leave the country.

If you leave at some border crossing they would not allow you leave the country if your extension of stay is based upon working unless you have a termination letter from your employer dated on or after the date you leave.

If leaving at other border crossings or from and airport you would not have a problem leaving and re-enter the country use your multiple entry visa on or before May 2nd.

 

[kingkenny]

Thanks Joe, I have a multi entry. My concern is when I leave which visa will immigration look at, I guess the stamp showing October 2019 as that seems to be the only stamp that is still valid in relation to date, and the original visa from the consul.

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[kingkenny]

Sorry I just reread your post. Are you saying the extension of stay to October is still valid even though the work permit is cancelled? If it's still valid them I don't really need to leave and re enter before 2nd May.

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[BritManToo]

4 minutes ago, kingkenny said:

Sorry I just reread your post. Are you saying the extension of stay to October is still valid even though the work permit is cancelled? If it's still valid them I don't really need to leave and re enter before 2nd May.

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Extensions of stay end with the job.

Visas are valid until the end of the VISA.

 

 

As far as I can see you're here on overstay since the end of February (50+ days overstay).

Be prepared to be fined, locked up in IDC, then deported and blacklisted for 1 year.

Edited April 24, 2019 by BritManToo

[kingkenny]

Extensions of stay end with the job.
Visas are valid until the end of the VISA.
 
What's hard to understand?
As far as I can see you're here on overstay since the end of February (50+ days overstay).
Be prepared to be fined and blacklisted for 1 year.

It's a situation I've not had before hence my question. My concern is which stamp will immigration check as I am leaving. If they check my last entry it will look like overstay, if they check my extension then it's no longer valid. Not sure why you feel the need for that last comment.

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[BritManToo]

10 minutes ago, kingkenny said:

It's a situation I've not had before hence my question. My concern is which stamp will immigration check as I am leaving. If they check my last entry it will look like overstay, if they check my extension then it's no longer valid. Not sure why you feel the need for that last comment.

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1 year ban for more than 90 days but less than 1 year overstay

http://www.thaiembassy.org/bucharest/en/travel/2038/86413-Advice-on-Thailand-Visa-Overstay-Regulations.html

 

If you leave now @55 days overstay you may avoid the ban, if you wait until October you'll be out for 1 year.

The jail at IDC and deportation with a 5 year ban happens, if they catch you anywhere else.

 

You may be lucky and them not notice your employment ended in February.

But if it were me, I'd be on the next flight out with 20k in my pocket for the fine.

 

Edited April 24, 2019 by BritManToo

[kingkenny]

1 year ban for more than 90 days but less than 1 year overstay
http://www.thaiembassy.org/bucharest/en/travel/2038/86413-Advice-on-Thailand-Visa-Overstay-Regulations.html
 
If you leave now @55 days overstay you may avoid the ban, if you wait until October you'll be out for 1 year.
The jail at IDC and deportation with a 5 year ban happens, if they catch you anywhere else.
 
You may be lucky and them not notice your employment ended in February.
But if it were me, I'd be on the next flight out with 20k in my pocket for the fine.
 

Both the company lawyer and immigration said at the time a Non Imm B is canceled with a work permit as the visa is issued on the basis of work, whereas a Non Imm O isn't canceled as I am still married. Confusing.

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[BritManToo]

8 minutes ago, kingkenny said:

Both the company lawyer and immigration said at the time a Non Imm B is canceled with a work permit as the visa is issued on the basis of work, whereas a Non Imm O isn't canceled as I am still married. Confusing.
 

If your extension was for marriage to a Thai, it's still valid.

But this is the first time you mentioned you got an extension for marriage to a Thai.

(unless I'm having a senior moment, which is entirely possible)

 

Extensions of stay generally end with the reason you got them ending (or max 1 year).

Edited April 24, 2019 by BritManToo

[kingkenny]

2 minutes ago, BritManToo said:

If your extension was for marriage to a Thai, it's still valid, but you still need to exit the country every 90 days.

But this is the first time you mentioned you got an extension for marriage to a Thai.

(unless I'm having a senior moment, which is entirely possible)

No senior moment, I just thought a Non Imm O is specifically for marriage to a Thai so i didnt mention it. So based on this new info what are your thoughts, I did a 90 day report when the WP was still valid and I'm due to notify again 30th April. I have a visa in my passport to enter before 2nd May 2019, I have a stamp multi entry valid until 18th October 2019 but this was based on extension of stay.  It's a nightmare haha

[BritManToo]

2 minutes ago, kingkenny said:

No senior moment, I just thought a Non Imm O is specifically for marriage to a Thai so i didnt mention it. So based on this new info what are your thoughts, I did a 90 day report when the WP was still valid and I'm due to notify again 30th April. I have a visa in my passport to enter before 2nd May 2019, I have a stamp multi entry valid until 18th October 2019 but this was based on extension of stay.  It's a nightmare haha

I thought that for a while, but you can get non 'o' for many reasons.

If your reason for extension was for marriage to a Thai (wife and marriage cert to immigration, one month wait for decision, wads of paperwork) your extension is definitely still valid.

Edited April 24, 2019 by BritManToo

[ubonjoe]

40 minutes ago, BritManToo said:

As far as I can see you're here on overstay since the end of February (50+ days overstay).

Be prepared to be fined, locked up in IDC, then deported and blacklisted for 1 year.

He is not on an overstay unless he went to immigration to cancel his extension. Extension are not automatically canceled when the work permit is canceled.

[kingkenny]

2 minutes ago, BritManToo said:

I thought that for a while, but you can get non 'o' for many reasons.

If your reason for extension was for marriage to a Thai (wife and marriage cert to immigration, one month wait for decision, wads of paperwork) your extension is definitely still valid.

The immigration officer visited us at home had pictures, checked income tax was up to date etc. The full monty, so despite the extension being issued with a work permit involved you think it's still valid? 

 

I've tried calling immigration but nobody is answering the phone. 

[ubonjoe]

44 minutes ago, kingkenny said:

Sorry I just reread your post. Are you saying the extension of stay to October is still valid even though the work permit is cancelled? If it's still valid them I don't really need to leave and re enter before 2nd May.

You extension is still valid unless you went to immigration and had it cancelled. The are not automatically canceled. Technically your extension ended when you stopped working if it is based upon working.

Is your extension based upon working or for marriage to a Thai?

[BritManToo]

Just now, kingkenny said:

The immigration officer visited us at home had pictures, checked income tax was up to date etc. The full monty, so despite the extension being issued with a work permit involved you think it's still valid? 

 

I've tried calling immigration but nobody is answering the phone. 

Definitely still valid.

[kingkenny]

2 minutes ago, ubonjoe said:

He is not on an overstay unless he went to immigration to cancel his extension. Extension are not automatically canceled when the work permit is canceled.

Thanks Joe.

 

So I have not cancelled the extension, does this mean I have a valid visa until 18th October without the need to leave?  I'm sure if there is an issue they will spot it when I do my 90 day report although that could be a risk of I turn up at Immigration. I guess I could try online 

[ubonjoe]

1 minute ago, kingkenny said:

The immigration officer visited us at home had pictures, checked income tax was up to date etc. The full monty, so despite the extension being issued with a work permit involved you think it's still valid? 

 

That makes me sure your extension is based upon marriage. I will remain valid until it expires since it is not tied to your job.

[kingkenny]

Thanks both, you are superstars, although BritMan did make me shit my pants a little haha

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[elviajero]

2 hours ago, kingkenny said:

Thanks both, you are superstars, although BritMan did make me shit my pants a little haha

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Somewhere on or near the extension stamp it should be written or stamped the reason the extension was issued. As long as that indicates it was marriage based you’re good till October. Although you are technically on dodgy ground if the income used to meet the financial requirement has ended. But I wouldn’t be worried about that.

 

Post a picture of the extension stamp if you want it confirmed.

[kingkenny]

17 hours ago, elviajero said:

Somewhere on or near the extension stamp it should be written or stamped the reason the extension was issued. As long as that indicates it was marriage based you’re good till October. Although you are technically on dodgy ground if the income used to meet the financial requirement has ended. But I wouldn’t be worried about that.

 

Post a picture of the extension stamp if you want it confirmed.

I came in to update, I did a 90 day report this morning at Samut Prakarn, whilst there I queried my visa and they confirmed it's based on marriage and still valid until October, she looked on the visa where you mentioned. They also confirmed no link to labour department so info on cancelled WP is not shared with them. 

Edited April 25, 2019 by kingkenny