Urgent question workpermit/visa, are they connected?

[PJHassselt]

Good day all,

In short: I have (had) a work permit and a BOI visa connected with it. Visa was a two year visa,  valid till december 2019.

I quit the job, returned my WP to the company.

 

Yesterday I went for 90 days report, and they want to see me today again, with my workpermit. I thought with the new rules, visa and workpermit where separate from each other? Do I have the risk my visa is canceld? If so in what time period? I have a new job, but they are still busy with apllying WP for me.

 

If it matters, I am a Dutch National.

 

Thanks and regards, Peter

[overherebc]

A few years ago I had a BOI visa and left the company with 18 months left on the visa.

I went out of Thailand and got a new multi O and on return to Thailand the IO said you have two valid visas, which one do you want to use?

I said multi O, not BOI so he stamped me in and wrote USED on the BOI visa. Whether that was the right thing for him to do or not I don't know.

Anyway, in my case the BOI visa was still valid.

The only way you will get a full answer is from the BOI office/centre in Bangkok.

Get a friend to call BOI and ask the question on your behalf is the only thing I can think of.

Sorry I can't help any more than that, just don't ask a lawyer, nobody has enough money and time to wait for their answer.  

Read your post again and had a thought, Imm' and companies always say that you must cancel your visa/extention when you finish work. Extention yes should be cancelled, visa isn't so BOI is your best bet for a full answer.

Edited July 2, 2019 by overherebc

[PJHassselt]

Thanks for the answer! I will go now to immigration, will see what they say,

 

Will report back.

 

Thanks, Peter

[Mattd]

Visa or an extension of stay?

[overherebc]

20 minutes ago, Mattd said:

Visa or an extension of stay?

BOI will be a visa I'm fairly sure.

Edited July 2, 2019 by overherebc

[overherebc]

21 minutes ago, PJHassselt said:

Thanks for the answer! I will go now to immigration, will see what they say,

 

Will report back.

 

Thanks, 

BOI office first by telephone will get a better answer I feel anyway.

[Mattd]

7 minutes ago, overherebc said:

BOI will be a visa I'm fairly sure.

I doubt it to be honest, from what I can see the only Visa mentioned by BOI is the Smart Visa, I was on BOI extensions of stay for 15 years, latter part were all 2 year extensions.

[ubonjoe]

2 hours ago, PJHassselt said:

Yesterday I went for 90 days report, and they want to see me today again, with my workpermit. I thought with the new rules, visa and workpermit where separate from each other? Do I have the risk my visa is canceld? If so in what time period? I have a new job, but they are still busy with apllying WP for me.

I think you need to head for an airport to leave the country or you will paying an overstay fine or worse it you go to immigration.

I suspect you have a extension of stay issued by immigration not a visa issued by an embassy or consulate.

A extension of stay ends on the date you stop working. 

[overherebc]

20 minutes ago, Mattd said:

I doubt it to be honest, from what I can see the only Visa mentioned by BOI is the Smart Visa, I was on BOI extensions of stay for 15 years, latter part were all 2 year extensions.

Doen't the iniial BOI visa last for the first years of the company then convert to an extention after the company has been registered as a company no longer under BOI?

[overherebc]

I suppose we need the OP to post a photo of what he has in his passport, his details ommited.

Then we will know if it's a visa or an extension.

[Mattd]

34 minutes ago, overherebc said:

Doen't the iniial BOI visa last for the first years of the company then convert to an extention after the company has been registered as a company no longer under BOI?

Not that I am aware of, when I initially started work for a BOI company I went for a non b SE and this was extended in the normal way, albeit via one stop.

[PJHassselt]

I am not sure if understand this discussion.

 

I have a visa, it is recently transferred to my new passport without a problem. And now with 90 days report suddenly there was this problem.

 

But I just returned just from immigration. Was wearing neat clothes, shaved myself. Was as polite as I can be, and all was OK. I showed them a copy from my WP.

 

Thanks again for the help!

 

Peter.

 

 

[Mattd]

2 minutes ago, PJHassselt said:

I have a visa, it is recently transferred to my new passport without a problem. And now with 90 days report suddenly there was this problem.

I am glad it is sorted, the discussion was about whether you had a visa or an extension of stay, from your above comment, then you do have an extension of stay.

 

The reason it makes a difference is that if you quit your job or are terminated, then the extension of stay becomes invalidated, as it cancels at the same time.

 

Edited July 2, 2019 by Mattd

[overherebc]

9 minutes ago, Mattd said:

I am glad it is sorted, the discussion was about whether you had a visa or an extension of stay, from your above comment, then you do have an extension of stay.

 

The reason it makes a difference is that if you quit your job or are terminated, then the extension of stay becomes invalidated, as it cancels at the same time.

 

Hope the OP doesn't mind me saying but he was lucky they accepted a copy of his WP. If they had insisted on the original ( now cancelled ) it may have gone in a different direction.

[Mattd]

13 minutes ago, overherebc said:

Hope the OP doesn't mind me saying but he was lucky they accepted a copy of his WP. If they had insisted on the original ( now cancelled ) it may have gone in a different direction.

100% agree, he is in a situation I would not want to be in, chances are he will be fine though.

It must be an EOS as immigration only transfer these to a new passport.

Edited July 2, 2019 by Mattd

[overherebc]

42 minutes ago, Mattd said:

100% agree, he is in a situation I would not want to be in, chances are he will be fine though.

It must be an EOS as immigration only transfer these to a new passport.

It raises the question on the time when the new WP is issued, what will be the status of the old extension as the new company, I don't think, can use a previous company's extention.

Anyone can confirm or deny?

[Mattd]

17 minutes ago, overherebc said:

It raises the question on the time when the new WP is issued, what will be the status of the old extension as the new company, I don't think, can use a previous company's extention.

Anyone can confirm or deny?

All I can state is my own personal experience and that was a no, the previous company EOS had to be cancelled within an agreed time frame and the new company applied for an EOS once the new WP was issued, it was seamless from my POV though.

[ubonjoe]

19 minutes ago, overherebc said:

It raises the question on the time when the new WP is issued, what will be the status of the old extension as the new company, I don't think, can use a previous company's extention.

If his work permit was canceled he would have problems trying to do anything at immigration.

When changing employers a termination letter from the current employer is needed so that the existing extension can be cancelled and a new one done for the new job.

[Wilson Smith]

1 hour ago, PJHassselt said:

I am not sure if understand this discussion.

 

I have a visa, it is recently transferred to my new passport without a problem. And now with 90 days report suddenly there was this problem.

 

But I just returned just from immigration. Was wearing neat clothes, shaved myself. Was as polite as I can be, and all was OK. I showed them a copy from my WP.

 

Thanks again for the help!

 

Peter.

 

 

perhaps you can explain further what happened, you showed them a work permit that is valid or has already been canceled by your old employer? 

[FritsSikkink]

3 hours ago, overherebc said:

BOI will be a visa I'm fairly sure.

BOI do extensions too.

[FritsSikkink]

2 hours ago, PJHassselt said:

I am not sure if understand this discussion.

 

I have a visa, it is recently transferred to my new passport without a problem. And now with 90 days report suddenly there was this problem.

 

But I just returned just from immigration. Was wearing neat clothes, shaved myself. Was as polite as I can be, and all was OK. I showed them a copy from my WP.

 

Thanks again for the help!

 

Peter.

 

 

You showed them a copy from your work permit before it was cancelled?

[overherebc]

38 minutes ago, Wilson Smith said:

perhaps you can explain further what happened, you showed them a work permit that is valid or has already been canceled by your old employer? 

If the 'visa' was transferred then it wasn't a 'visa'. It was an extension of stay. Officially that extension should be cancelled by Imm' using a letter from your employer stating the date you finished work. 

I reckon you showed a copy of your WP that was made prior to it being cancelled.

AFAIK you should get the dates of your new extension application ( new company ) and the letter from your old company with the same date. ie finish work date and application date for new extension to be the same.

I don't think at that time Imm' will be interested when your WP expired as they don't issue WP's, the Labour office does.

Edited July 2, 2019 by overherebc

[keemapoot]

I have a related question and situation. I am on extension of stay until 17 September, with work permit, and extension based on non-b, and with multiple re-entry permit. I am planning to go to Suvannakhet next week to apply for Multiple Non-O visa based on marriage. My question is will I have trouble if I enter on the new visa number instead of using the number on my re-entry permit. My work permit will not be cancelled until end of August, but I have good reasons for wanting to enter on the visa and activate the visa earlier instead. However, I can go ahead get the visa, and then re-enter on my existing re-entry permit if the troubles will be too many later with immigration. I do understand that if I re-enter on the existing extension (which is tied to the work permit) I will have to leave the country after the work permit is cancelled. Advice?

[overherebc]

49 minutes ago, keemapoot said:

I have a related question and situation. I am on extension of stay until 17 September, with work permit, and extension based on non-b, and with multiple re-entry permit. I am planning to go to Suvannakhet next week to apply for Multiple Non-O visa based on marriage. My question is will I have trouble if I enter on the new visa number instead of using the number on my re-entry permit. My work permit will not be cancelled until end of August, but I have good reasons for wanting to enter on the visa and activate the visa earlier instead. However, I can go ahead get the visa, and then re-enter on my existing re-entry permit if the troubles will be too many later with immigration. I do understand that if I re-enter on the existing extension (which is tied to the work permit) I will have to leave the country after the work permit is cancelled. Advice?

I did once get a multi O issued in Penang when I still had a valid BOI visa.

Can't you wait till nearer the time to go for the O?

There should be no problem on getting a new WP,  labour office can issue one on an O as well as a B.

With a multi O you fly out and in every 89 days and have no need to do 90 day reports.

Just keep TM30/28 updated. ????

[keemapoot]

1 hour ago, overherebc said:

I did once get a multi O issued in Penang when I still had a valid BOI visa.

Can't you wait till nearer the time to go for the O?

There should be no problem on getting a new WP,  labour office can issue one on an O as well as a B.

With a multi O you fly out and in every 89 days and have no need to do 90 day reports.

Just keep TM30/28 updated. ????

Well, if I must wait, I can wait, but it will be inconvenient for me because of traveling and other things. The issue is not a new work permit, because I will actually most likely not need one as I will be spending time in and out of Thailand, but I would like to preserve the option to get one so that is why the new Visa.

[overherebc]

11 minutes ago, keemapoot said:

Well, if I must wait, I can wait, but it will be inconvenient for me because of traveling and other things. The issue is not a new work permit, because I will actually most likely not need one as I will be spending time in and out of Thailand, but I would like to preserve the option to get one so that is why the new Visa.

Have to admit that getting the multi O when I did was a while ago. I honestly wouldn't say it's not going to be a problem today. It would depend on the IO on arrival.

Perhaps coming through a land border, not Poipet, would be easier to do it. All reports seem to point to land borders being easier.

Best of luck with it.

[keemapoot]

2 minutes ago, overherebc said:

Have to admit that getting the multi O when I did was a while ago. I honestly wouldn't say it's not going to be a problem today. It would depend on the IO on arrival.

Perhaps coming through a land border, not Poipet, would be easier to do it. All reports seem to point to land borders being easier.

Best of luck with it.

Thanks, I could just do an extension based on marriage, but I don't have time to wait for the 30 day waiting period as will be traveling, and don't want to do the retirement visa because I may possibly have to do a work permit in the next year.