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Work permit / overstay - help needed

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My work permit expired on 16th June, my visa expires in October. 

Searching the forums it appears that I need to take the work permit to the labour department to cancel the work permit and then leave the country same day? I am worried about an overstay stamp. Can anyone kindly suggest the best course of action? 

 

 

Thanks ???? in advance 

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It depends if you are on a visa or on an extension of stay for working

In case you are on an extension of stay then this ends on the same day your job ends. Probably your job ended already because your work permit expired, then it means you are currently already on overstay.

If you are just on the entry which you got from a non-b visa and didn't get an extension for working, then you can stay until your current permit of stay ends.

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Do you have a 90 entry from a  non-b visa issued by an embassy or consulate or a one year extension of stay based upon working issued by immigration?

A visa would remain valid until it expires.

A extension of stay does not automatically end on day your work permit ends. Nobody notifies immigration. You are the one that would need to have your extension canceled. Do you plan to continue working?

Your employer could apply for new work permit for you so that you could work.

  • Author

Thanks so much. I have an extension of stay stamp valid until October 2019. I am in the process of applying for another work permit through a different company. Am I not obliged to notify the labour department that my work permit has expired? Does the expiry of the work permit not cancel my visa and put me on overstay? What should I do? ????

16 minutes ago, jaffacakes1 said:

Thanks so much. I have an extension of stay stamp valid until October 2019. I am in the process of applying for another work permit through a different company. Am I not obliged to notify the labour department that my work permit has expired? Does the expiry of the work permit not cancel my visa and put me on overstay? What should I do? ????

You are technically on an overstay but unless you went to immigration to have your extension formally canceled you will not be charged a fine for an overstay. You would need a termination letter from your current employer to have your extension canceled.

Your best option is to leave the country to get a tourist visa or visa exempt entry to wait until your work permit application is approved. And then get a new non-b visa.

The problem with that advice Joe is it only temporarily fixes the problem. The op will have an issue with extending any new visa after the fact if the officer notices his visa was never cancelled. Getting s new passport will solve that problem. 

As I understand it, a visa is only a thing to allow you to enter the country. It is up to the individual immigration officer to stamp your passport with a "admitted until" stamp. It doesn't matter how many days is stated in the visa itself. For example, if I have an "extension of stay" stamp in my passport when entering the country, the officer should stamp "admitted until" with the same date as the "extension of stay" stamp. I recently entered the country and the officer for some strange reason stamped "admitted until" with a date sooner than the "extension of stay" date. When I then later went for the 90 day thing, the local immigration office was very confused, it took some time to sort it out, eventually they stroked over the "admitted until" stamp and wrote a note under it.

22 minutes ago, AlQaholic said:

For example, if I have an "extension of stay" stamp in my passport when entering the country, the officer should stamp "admitted until" with the same date as the "extension of stay" stamp.

Only if you have a valid re-entry permit. No re-entry permit and you will only get a 30 day visa exempt entry if you qualify for one.

1 hour ago, wmlc said:

The problem with that advice Joe is it only temporarily fixes the problem. The op will have an issue with extending any new visa after the fact if the officer notices his visa was never cancelled. Getting s new passport will solve that problem. 

Nope,it won't "solve" the problem. The OP needs his visa/permission of stay transferred into the new passport and that would only take time. 

 

 

 

  

2 hours ago, wmlc said:

The problem with that advice Joe is it only temporarily fixes the problem. The op will have an issue with extending any new visa after the fact if the officer notices his visa was never cancelled. Getting s new passport will solve that problem. 

"His visa was never cancelled."  " ... Extending any new visa ..."

You seem to be confusing "visa" and "extension of stay."

 

 

"Getting a new passport will solve that problem."

 

A new passport doesn't erase records at immigrations and available to immigrations officers.

 

 

 

2 hours ago, wmlc said:

The problem with that advice Joe is it only temporarily fixes the problem. The op will have an issue with extending any new visa after the fact if the officer notices his visa was never cancelled. Getting s new passport will solve that problem. 

wrong, the record is in Labour system and when the times comes to apply new WP the Immigration will check these records, regardless of new passport number. The OP is advised to get the letter from Labor and void the extension of stay. BTW a lot of border crossing via land will not let you leave without the VOID stamp in passport.

 

Ubon Joe,,, I like that one "if you qualify"

We have no "rights to enter any country even with a so called current visa, extension or reentry.

Remember at any time upon entering or having permission to stay an Immigration Dept Officer without having by law to  give a valid reason for refusal can revoke same

 

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