Overstay due to the date on resignation letter.

[SpeedFreakz]

Just got back from immigration and had to pay for 4 days of overstay.

 

I was in process of changing job from one place to another.

 

I resigned from my previous job on 31st of May- on the form it says that my last day at work will be 31st of May. The HR staff from my previous work cancelled my Work permit today 4th of June. 

I went to immigration in order to report cancellation of work permit, to cancel my visa and get 7day extension of stay in order to prepare paperwork for the new job and new visa.

 

But, when I summited my documents I was informed that I had to pay for overstay of 4 days, then apply for covid visa extension after 7 days.

 

Does anyone knows is this something new or? The HR staff from my previous employer didn't know about it, they even contacted immigration prior of doing paperwork and they confirmed the procedure is correct.

 

As far as my employer knew, when you resign from your old job, HR staff has 7 days to cancel WP and within the sme day to notify immigration. But it turns out this wasnt the case.

 

Any help appreciated.

[BritTim]

It seems you left your old job under friendly circumstances. When that occurs, you should get a postdated resignation letter to avoid the overstay issue. The immigration office had no alternative to fining you. You provided documentation admitting the four day overstay.

[SpeedFreakz]

19 minutes ago, BritTim said:

It seems you left your old job under friendly circumstances. When that occurs, you should get a postdated resignation letter to avoid the overstay issue. The immigration office had no alternative to fining you. You provided documentation admitting the four day overstay.

 

Yea that was the case, the thing is they didn't know that the resignation date has to be timed as well, they thought it was just work permit that has to be cancelled within the same day as visit to immigration.

 

So this is official law or something that is implemented recently? Any source for this?

[brewsterbudgen]

1 hour ago, SpeedFreakz said:

 

Yea that was the case, the thing is they didn't know that the resignation date has to be timed as well, they thought it was just work permit that has to be cancelled within the same day as visit to immigration.

 

So this is official law or something that is implemented recently? Any source for this?

It's always been like that.  The day you leave your job is the day your Extension based on Work ends (the WP is a separate matter).

[jackdd]

1 hour ago, SpeedFreakz said:

So this is official law or something that is implemented recently? Any source for this?

It's written on form STM.2 which you sign when you apply for your extension.

[wmlc]

You should not be using your resignation letter at immigration. The proper process is to cancel the visa before the work permit. The employer writes a letter to immigration requesting your visa to be canceled which is dated the day you visit immigration. In that letter, they can request up to 20 days for you to leave the country or arrange other visas as long as your original  visa still has the same validity. After that the work permit can be cancelled. This will avoid any overstay nonsense. 

Edited June 5, 2021 by wmlc

[problemfarang]

The last day on your visa is the date written in your termination letter. 

 

if you have good relationship with the place you work, you could tell the IO to wait for a moment, go beck to work place, kindly ask them to write a letter again with the date today or tomorrow.

 

Most IO tolerate that.

 

[brewsterbudgen]

38 minutes ago, wmlc said:

You should not be using your resignation letter at immigration. The proper process is to cancel the visa before the work permit. The employer writes a letter to immigration requesting your visa to be canceled which is dated the day you visit immigration. In that letter, they can request up to 20 days for you to leave the country or arrange other visas as long as your original  visa still has the same validity. After that the work permit can be cancelled. This will avoid any overstay nonsense. 

I don't think the OP had a visa, he had an Extension of Stay.