Compulsory trip out of Thailand when holding work permit

[alyx]

Hey 

 

I had lunch with a couple of friends who hold a work permit.

They are planning to go abroad middle of April but their lawyer said that, even though they hold a work permit, they have to leave the country every 90 days, which is early April.

I am not sure that applies to everyone but I was under the impression that an extension period (7 or 30m days) was granted when visiting the immigration office prior to the day stamped in their passport .

Has anyone heard of this situation ?

 

Thanks 

 

[JackThompson]

"Permitted Stay" and "Work Permit" are two different things.  The work-permit doesn't figure into when they have to leave or get an additional extension to stay longer, the "admitted until" stamp in their passport determines that.

 

If your permitted-stay is about to end, and you don't have a way to extend it, you can apply for an extension anyway, be denied, but get 7 additional days to leave the country. 

 

30-day extensions are usually Tourist-based - can get one at the end of the permitted-stay of a "visa-free" or Tourist Visa entry.

 

If they have a "Multi Entry Non-B Visa" from a Thai consulate abroad, then they only get 90-days stay per-entry.  If they have an "extension of stay" from an immigraiton-office, it ends the day their job ends, or if it is not renewed when it's "admitted until" day passes.  In either case, they can apply for the 7 additional days (but not the 30).

Edited March 4, 2020 by JackThompson

[alyx]

5 minutes ago, JackThompson said:

"Permitted Stay" and "Work Permit" are two different things.  If they have a "Multi Entry Non-B Visa," then they only get 90-days stay per-entry.  The work-permit doesn't figure into when they have to leave or get an additional extension to stay longer, the "admitted until" stamp in their passport determines that.

 

If your permitted-stay is about to end, and you don't have a way to extend it, you can apply for an extension anyway, be denied, but get 7 additional days to leave the country. 

 

30-day extensions are usually Tourist-based - can get one at the end of the permitted-stay of a "visa-free" or Tourist Visa entry.

Thanks for the swift reply 

I understand the difference, sorry about that.

So my question would be, regardless of the fact they hold the work permit, they do have a 90 day on (I suppose but I will check with them tomorrow) their Multi Entry Non-B Visa, which, de facto, allows them to ask for a 7 day extension which has to be made in person or POA ?

 

Edited: If I understand correctly, although more than 7 days would not be needed, an extension maybe applied for. Granted or not, that would allow a further  7 day stay ?

[JackThompson]

7 days will not be a problem - but must be applied for at the immigration-office covering the area where they are living (edit: Before their permitted-stay expires).  It will not do any harm to their continuing to use their Visas (assuming this is what they have) to enter Thailand, until the "enter before" date on those visas.  Note that immigration might ask to see their work-permits when they enter, so best to have them readily accessible.

Edited March 4, 2020 by JackThompson

[alyx]

Dear Jack 

 

Thanks again for the fast answer

 

And thanks for the details and explanation 

 

I will check with them their status tomorrow 

 

Have a great evening 

 

Alyx

[BritTim]

Things to verify:

1. Make sure the distinctions between, visa, permission to stay, and work permit are clear.
2. Do they really have a multiple entry Non B visa? When is the expiry date of the visa (not their current permission to stay)?
3. Does their permission to stay end mid-April, or is there a breakdown of communication?
4. It is possible that they have a longer permission to stay. Usually, at the end of an initial 90-day stay, you apply at immigration for a one-year extension of your permission to stay. Depending on your nationality, there is a minimum monthly income to qualify for this extension. If they do not qualify, as @JackThompson explained, you are limited to seven days to leave the country.
5. With a long term extension of your permission to stay based on working, it is necessary to do 90-day address reports if you are continuously in Thailand for over 96 days.
6. If you leave the country, and want to avoid your permission to stay (often extended) from being cancelled, you need a re-entry permit applied for prior to your departure.

[natway09]

The work permit has no bearing on your permission to stay

[alyx]

Hey 

 

Thanks for the very clear answers

 

The visa is attached 

 

They have been going out and back every 90 days  (actually this was not a problem as they go out on a business trip quite regularly) but this time, as mentioned they would have liked to postpone this exit 

 

As a matter of fact they are flying out on the 9th of April and their visa ends on the 1st meaning that the 7 days would not suffice 

 

They do have a lawyer who seems to insist on the fact that they have to go out ....

 

I am not familiar with the process but I have know quite a few people holding the same kind of visa and were not to leave the country. 

 

Although this is irrelevant, the work permit ends in September

 

Thanks for bearing with me 

 

 

 

 

[ubonjoe]

7 minutes ago, alyx said:

They have been going out and back every 90 days  (actually this was not a problem as they go out on a business trip quite regularly) but this time, as mentioned they would have liked to postpone this exit 

 

As a matter of fact they are flying out on the 9th of April and their visa ends on the 1st meaning that the 7 days would not suffice 

They have to leave on or before the 1st if that is when their current 90 day entry from their visa ends.

Their visa does not expire until October 21st.

[alyx]

Yes, thanks

Or apply for a permission to stay for a longer period, right ?

[ubonjoe]

19 minutes ago, alyx said:

Or apply for a permission to stay for a longer period, right ?

They could apply for a one year extension of stay based upon working if the company can qualify for it and they are being paid the minimum salary of 50k baht.

[varun]

Something doesn't add up.

 

A single-entry non-B is all that is needed at the outset, and a WP and an extension of stay are obtained subsequently in Thailand.

If frequent in/out travel is required, a separate multiple re-entry can be obtained.

I suspect that your friends in fact may not have a WP, and are "working" solely on the strength of this multiple Non-B.

 

[ubonjoe]

4 minutes ago, varun said:

I suspect that your friends in fact may not have a WP, and are "working" solely on the strength of this multiple Non-B.

 

52 minutes ago, alyx said:

Although this is irrelevant, the work permit ends in September

 

[alyx]

Thanks 

yes they do have the work permit and they certainly do qualify 

I am going tell them

to take that up with their lawyer....

thanks for the help 

[OneMoreFarang]

10 minutes ago, ubonjoe said:

They could apply for a one year extension of stay based upon working if the company can qualify for it and they are being paid the minimum salary of 50k baht.

It seems there are a lot more conditions than just the 50k. I have a work permit and business visa and when I go with our immigration expert to Chaeng Wattana he has always what looks like hundreds of pages of documents with him. And we had at some stage the problem that there was a little problem with one of the Thai employees months ago and because of that the company did not fulfil all the criteria all the time and my visa was not extended.

I had to take a trip our of Thailand to get a new visa (and it was no problem to get that visa).

I had my work permit through all that time.

It's not easy...

[ubonjoe]

12 minutes ago, OneMoreFarang said:

It seems there are a lot more conditions than just the 50k. I

I indirectly covered that part in my post.

28 minutes ago, ubonjoe said:

They could apply for a one year extension of stay based upon working if the company can qualify for it

 

[alyx]

Thanks everyone for all the help. I will keep you posted 

Have a great day

[alyx]

Hey again

 

Back to the initial message as my friends decided today to buy a ticket and fly out and back  in the same day on Thursday the 19th to KL in order to obtain a 90 day upon landing ( they do have aNon B visa as you know)

Does anyone know what the rules are ?

Do they have to produce a health certificate  upon their return ( certificate issued in Bkk obviously)? 

Do they have to quarantine ?

or would it be simpler to go to Chaeng and ask the immigration to extend for 90 days ? Surely, as they do not want people to travel , they will(have?) organise a way around?

Thanks

[ubonjoe]

10 hours ago, alyx said:

Back to the initial message as my friends decided today to buy a ticket and fly out and back  in the same day on Thursday the 19th to KL in order to obtain a 90 day upon landing ( they do have aNon B visa as you know)

Bad news for them at this time.  Malaysia is not allowing any entries effective tomorrow the 18th.

Best to do a border run to Laos, Cambodia or Myanmar at this time.

No extension can be applied for unless it is for 30 days with letter from their embassy.

[alyx]

2 minutes ago, ubonjoe said:

Bad news for them at this time.  Malaysia is not allowing any entries effective tomorrow the 18th.

Best to do a border run to Laos, Cambodia or Myanmar at this time.

No extension can be applied for unless it is for 30 days with letter from their embassy.

Thanks for the advice 

I have booked a return ticket to Laos, same day return, for tomorrow the 18th 

I have advised them to go to a clinic and try to obtain a health certificate ( whatever that means ) just to show at the immigration here in Thailand upon their return even though Laos is under the radar at the moment

Thansk again for the swift response and sound advice (as usual ???? )