I'm losing my job

[Pham1008]

I'm currently working for a company with a work permit and visa that will expire in Jan 2022. However; due to overstaffed situation, I may lose my job by the end of June 2021 as the company will terminate the contract. 
Will my visa be revoked by the time they terminate the contract and cancel my work permit or I am allowed to stay until Jan 2022? What can I do to extend my days in Thailand before getting a new job? Or applying for a non-imm ED visa? 

Edited June 26, 2021 by Pham1008

[WineOh]

13 minutes ago, Pham1008 said:

Will my visa be revoked by the time they terminate the contract and cancel my work permit or I am allowed to stay until Jan 2022?

If you have a multi entry B visa then usually you can stay in the country until the day it expires.

 

I did that, when I worked for a company.

 

However, if the company insists on marching you down to immigration in order to terminate your visa on the spot then this would be a very different scenario. This is highly unlikely, IMO.

 

You will have to return your work permit to the company on your last day at work.

Edited June 26, 2021 by WineOh

[Ralf001]

5 minutes ago, WineOh said:

If you have a multi entry B visa then usually you can stay in the country until the day it expires.

 

I did that, when I worked for a company.

 

However, if the company insists on marching you down to immigration in order to terminate your visa on the spot then this would be a very different scenario. This is highly unlikely, IMO.

 

You will have to return your work permit to the company on your last day at work.

 

 

The company CANNOT cancel a valid visa, you can stay in country until it expires.

 

The company CAN cancel a permission to stay extension based upon employment... well actually thats automatically canceled when the employment is as the employment would be the reason why the extension was granted.

 

[BritTim]

Under the current conditions, I am fairly sure you are in Thailand on an extended permission to stay, and your visa is used and no longer relevant.

 

Once sure of the situation, you should ask your employer to give a post dated termination letter, specifying the last day of your employment. Furnished with this, you attend Immigration, have your permission top stay terminated as of the date in the termination letter, and ask for a 60-day Covid extension.

[WineOh]

47 minutes ago, Ralf001 said:

The company CANNOT cancel a valid visa

I didn't say they could.

 

They could however, depending on what terms (good or bad) that a person leaves on - inform immigration that you are no longer working with them and immigration could then terminate the visa on the spot. In a similar manner that if you were on a marriage visa and get divorced and your wife then informs immigration you are no longer married.

 

You are in breach of your visa conditions in both scenarios, so the IO is well within their rights to terminate your visa on the spot and give you 7 days to leave the country.

Edited June 26, 2021 by WineOh

[ubonjoe]

1 minute ago, WineOh said:

They could however, depending on what terms (good or bad) that a person leaves on inform immigration that you are no longer working with them and immigration could then terminate the visa on the spot.

His non-b visa probably expired long ago. Immigration cannot cancel a visa.

He has a extension of stay based upon working and immigration can cancel it but he has to be present with his passport for it to be done.

[WineOh]

10 minutes ago, ubonjoe said:

He has a extension of stay based upon working and immigration can cancel it but he has to be present with his passport for it to be done.

Thank you, Joe.

 

This is what I was referring to in my previous post.

[ubonjoe]

3 minutes ago, WineOh said:

This is what I was referring to in my previous post.

The problem is that you called a extension of stay a visa. That causes confusion all the time.

I have to ask people what they really have all the time when people call a extension a visa. There is a big difference between the 2.

[WineOh]

1 minute ago, ubonjoe said:

The problem is that you called a extension of stay a visa. That causes confusion all the time.

I have to ask people what they really have all the time when people call a extension a visa. There is a big difference between the 2.

I'm currently on an extension of stay but I am thinking of reverting back to a multi entry visa once the world opens up again.

 

Gives me an excuse to go to Cambodia every three months to get away from the wife for a few days.

[Pham1008]

12 minutes ago, ubonjoe said:

The problem is that you called a extension of stay a visa. That causes confusion all the time.

I have to ask people what they really have all the time when people call a extension a visa. There is a big difference between the 2.

Thank your for your comment. I may have made a mistake between them 2 as well. So apparently I am on an extension of stay instead of a visa. Can I still be staying in Thailand until that day even if the company terminates the contract by the end of June 2021? Thanks! 

[BritTim]

2 minutes ago, Pham1008 said:

Thank your for your comment. I may have made a mistake between them 2 as well. So apparently I am on an extension of stay instead of a visa. Can I still be staying in Thailand until that day even if the company terminates the contract by the end of June 2021? Thanks! 

Officially, the extension of your permission to stay based on working expires as of the last day of your employment. Many people have successfully kept quiet, and continued to stay on the invalid permission to stay. If intending to leave Thailand before the original expiry date, you would probably get away with doing this. However, recognise that you will officially be on overstay. That is why I recommend doing things by the book. Terminate your extension based on working properly, and change to a Covid extension. This will make life far simpler if you succeed in finding another job, apart from avoiding the risk of being discovered on overstay.

[tomazbodner]

Work permit needs to be cancelled by you at the labour ministry or wherever it was issued. For that you'll need to print out a form in 2 copies, stating the last day of work and they'll cancel it on that day. You keep the booklet (if you have booklet rather than digital WP). They'll punch through it like they do with passports when you get new one...

 

On extension of stay form and if I remember correctly in work permit booklet, it states that you must cancel extension of stay based on the work permit if it's cancelled. Not sure it states within x days or immediately. Nonetheless you can request for 1900 baht extension at immigration. In Pre-COVID times that was for 7 days, but now it could be different.

 

If you find another job, in the past it was possible to apply for a new work permit immediately, without leaving country and applying for a new non-B visa. Due to COVID it's likely it's possible to jump from one job to another without the need to leave again. In that case you would not even need to cancel extension if you cancel one WP and apply for another on the same day.

[timberpond]

I don't know the difference between visa and extension of stay but I do know is that the day they terminate your work permit is also the day you have to go to immigration to get a stamp. Failed to do so might end up being considered as overstay when you apply for your next whatever visas or permit.

 

I cancelled my work permit 2 days before I applied for a covid visa which I got. Within 60 days I started process of applying another visa and was told that I had a 2 days overstay and 1,000 baht fine. Due to the overstayed (even fine was paid) I was told that I must leave the country and return to clear the record. Of course covid and travelling is not possible and at the boiling point of near end 60 days, I was offered to pay a fee to clear the overstay as they understand that travelling is not possible. Of course the fee has not receipt. 

[puchooay]

7 minutes ago, timberpond said:

I don't know the difference between visa and extension of stay

If you did, you would understand that none of the above is relevant if you have a Visa.

[Ralf001]

33 minutes ago, BritTim said:

Officially, the extension of your permission to stay based on working expires as of the last day of your employment. Many people have successfully kept quiet, and continued to stay on the invalid permission to stay. If intending to leave Thailand before the original expiry date, you would probably get away with doing this. However, recognise that you will officially be on overstay. That is why I recommend doing things by the book. Terminate your extension based on working properly, and change to a Covid extension. This will make life far simpler if you succeed in finding another job, apart from avoiding the risk of being discovered on overstay.

 

I asked my previous employer if it was possible for them to delay cancelling my work permit to allow me to stay in country until my WP and extension expired (5 months), they were happy to do so asking my to return the work permit the week before expiry so that the cancellations could be made.

 

From a taxation perspective the above can get murky though but my ex employer staggered my severance payout....  5 months salary (paid monthly) and the lump at the end.

 

[Crossy]

A whole bunch of bickering posts have been removed, by me not by Joe!

 

[Neeranam]

21 hours ago, Ralf001 said:

The company CAN cancel a permission to stay extension based upon employment... well actually thats automatically canceled when the employment is as the employment would be the reason why the extension was granted.

I thought only an immigration officer could cancel your visa ext. 

[DrJack54]

5 minutes ago, Neeranam said:

I thought only an immigration officer could cancel your visa ext. 

It's not a visa extension. Not being picky but these terms are important.

 

[Neeranam]

20 hours ago, timberpond said:

I don't know the difference between visa and extension of stay but I do know is that the day they terminate your work permit is also the day you have to go to immigration to get a stamp. Failed to do so might end up being considered as overstay when you apply for your next whatever visas or permit.

I finished one job and still had almost a year on my visa. Everyone told me I had to go to immigration and cancel the visa(to get 7 days to leave the country) but I didn't, nor did I return my WP. When I got a new job(1 year later), they sent me to the nearby Din Daeng police station to pay 1500 baht and then I got a new WP. There was no problem when getting a new visa. 

[Neeranam]

42 minutes ago, DrJack54 said:

It's not a visa extension. Not being picky but these terms are important.

 

I would say the same about a visa. 

[ubonjoe]

8 minutes ago, Neeranam said:

There was no problem when getting a new visa. 

I assume you left the country to get a new non-b visa since they cannot be issued while in the country unless on a tourist or visa exempt entry.

[Ventenio]

1 minute ago, ubonjoe said:

I assume you left the country to get a new non-b visa since they cannot be issued while in the country unless on a tourist or visa exempt entry.

 

yes, true and tricky.   A friend on a Non O was told he couldn't get a Non B in-country.   Too bad he couldn't just let his Non O expire and get a covid extension.  They said, "nope."  

[Neeranam]

4 minutes ago, ubonjoe said:

I assume you left the country to get a new non-b visa since they cannot be issued while in the country unless on a tourist or visa exempt entry.

Actually, I used an agent and didn't leave the country. 

[timberpond]

2 minutes ago, Neeranam said:

I finished one job and still had almost a year on my visa. Everyone told me I had to go to immigration and cancel the visa(to get 7 days to leave the country) but I didn't, nor did I return my WP. When I got a new job(1 year later), they sent me to the nearby Din Daeng police station to pay 1500 baht and then I got a new WP. There was no problem when getting a new visa. 

 

You are lucky and most probably pre-covid era. I found myself in this situation Feb this year. I terminate my work permit on near end Dec and 2 days later went to immigration to get a stamp of covid "visa/extension stay" for 60 days. No questions asked. Few weeks later I applied for the next Visa and was told that I overstayed for 2 days. I think ok no big deal I will just pay the fine of 1,000 baht but I was insisted to leave the country before processing my Visa application. 

 

When my 60 days stay was down to only 6 days left, I asked for help and they offered to clear the overstay record for a 30k baht "fee". I fully know that I was being held hostage. Just another scam in Thailand by the Gov official. 

 

Am I sick of this place? After the countless similar incident and the current covid issue manage by them, I'm making plans to leave for good. Need another year to fully liquidate the asset and business. Already started conversations with neighboring countries to setup business. If all good, I'm happy to leave asap.  

 

Side note: I already sold 5 pickup trucks and still have 2 commuter vans to sell. 2018 blue plate can be privately own. If anyone interested shoot me a PM. (If moderator find it inappropriate, feel free to remove this section but please keep the above post.) 

[ubonjoe]

16 minutes ago, Neeranam said:

Actually, I used an agent and didn't leave the country. 

The agent managed to get you new extension of stay not a visa. They arranged things so immigration ignored the fact that you existing extension was technically invalid.

[Ralf001]

20 minutes ago, timberpond said:

When my 60 days stay was down to only 6 days left, I asked for help and they offered to clear the overstay record for a 30k baht "fee". I fully know that I was being held hostage. Just another scam in Thailand by the Gov official. 

 

You have the choice to pay or not so how is it a scam ?

[Neeranam]

7 minutes ago, ubonjoe said:

The agent managed to get you new extension of stay not a visa. They arranged things so immigration ignored the fact that you existing extension was technically invalid.

Do the DoL tell immigration when the WP is finished?

[timberpond]

Just now, Ralf001 said:

 

You have the choice to pay or not so how is it a scam ?

 

 

 

Of course, leave the country and pay huge amount of money for ASQ and return pay another sum for ASQ so I can apply for a elite visa that I already paid. Of course I can just leave and not return if I don't feel that it's fair... oh wait a minute, I can't! I have a family and business here... Don't worry, just pay 30k and we can help you. You are absolutely right! It's not a scam... I have choices which I chose to pay willingly. 

[BritTim]

1 minute ago, Neeranam said:

Do the DoL tell immigration when the WP is finished?

No. Most likely, there will be no immediate consequences of you being technically on overstay. The potential negative consequences are more likely to occur later.

[ubonjoe]

2 minutes ago, Neeranam said:

Do the DoL tell immigration when the WP is finished?

Normally they don't do it.