Non-B Visa to retirement - Leave Thailand?

[Korat88]

I hope someone will be able to clarify whether I have to leave Thailand when I retire from my company shortly and my non-immigration B visa and work permit, which are usually renewed at the One-Stop Service Center 18 Fl., Chamchuree Square, are cancelled. I have had conflicting feedback so far. My company lawyers say I have to leave on the day the documents are cancelled or face 500 Baht fees per day thereafter, and I have had someone in immigration say to my Thai step-daughter that I can stay in Thailand and just arrange the paperwork to obtain the retirement visa. Hence I am a bit confused as what is correct! Anyone been in a similar position and have personal experience please? Thank you.

[DrJack54]

This thread may offer some advice.

 

 

[renaissanc]

I would do what the Immigration official says. Just start the visa change process well before you finish your contract. I understand what the lawyers are saying, but they don't know everything. If you are polite and soft-spoken to Immigration officials, they'll help you.

[Expat4life66]

Hi, 

 

I usually just read this for entertainment ???? , but I believe I can provide some helpful information for OP including my own timeline based on my experience.  And yes, I was able to remain in Thailand throuought the process.

 

I went through this exact process at the end of June (BOI with One-Stop and CW) to change my extension based on working to be based on retirement.   I worked for a multi-national and had been on Non-B extensions for nearly 10 years.  It's not clear but I assume you are over 50?

 

Understand what you are saying about your law firm, but after some discussion with my HR team, I realized it made the most sense for me to use the same law firm.  This firm sub-contracts to a 3rd party to do all the legwork so maybe this is a possibility for you.   This is the same firm my company uses to process our Non-B extensions at One-Stop, 90 day reporting and stamp transfers.  The activities related to changing my extention to be based on retirement (I call it a conversion) was at my own expense.  

 

Using the same firm worked best for me because when I went to CW to do this conversion, In addition to the standard retirement extension documents, that team required all of my Non-B paperwork used the previous week at One Stop to cancel my extension.  I did not have this paperwork, the law firm did.  CW spent almost three hours including multiple phone calls to One-Stop validating that my previous 4-year BOI extension / cancellation was done correctly.

 

I did notify my HR department a couple months in advance and they were well aware that I could change the reason for my extension from working to retirement (or marriage) as long as I met the requirements.  Our HR Lead notified our law firm and provided non-B related documents for the cancelation.  At the same time, I started working with a different lawyer at the firm during the last few weeks leading up to retirement to provide the standard copies for changing the reason to retirement. 

 

Law firm also asked for TM-30 for my current address, and evidence of 800K in the bank for at least two months prior to the date of the planned extension.  They further asked for a copy of my updated bank book a couple of times over the two months to show I hadn't gone below 800K (overkill a bit but I get why).

 

Here's about how my timeline went with my formal retirement date of June 30 (this is also the date we did the conversion at CW)

1- Notified HR of planned retirement in April

2- April - HR worked with law firm to create timeline

3- Mid-June - HR provided all updated documents for the cancellation including post dated letter (no idea what documents but the stack was at least 1 inch / 2.5cm thick

4- 22 June - law firm 3rd party picked up my passport (as they always do for 90 day and extensions) for the cancellation

5- 23 June - 3rd party took paperwork inc. post-dated retirement letter of 30 June to One Stop and processed cancellation.  I did NOT have to attend.  My cancelation stamp opposite my old and now void working extension / re-entry permit is dated 23 June.  Because my company letter was post-dated to 30 June I was given until 6 July to leave Thailand (7 days).  This is the part I never clearly upderstood reading here until I actually went through the process.  

6- 28 June went to bank to get letter, took about 30 minutes and they deducted 100THB prior to issuing - no statement required because my bank book didn't have consolidated entries for those two months

7- 29 June gave all standard docs / photos / PP / bank book to the law firm's 3rd party (agent)

8- 30 June - 6am transfer 100THB to same account to show "day of activity", LINED my contact / agent.  He updated the bank book at CW and made copy at 730 or so right before I met him

9 - 30 June next got cue number and started process, CW was quite busy but only 3-4 in the retirement queue.  Started the lengthly process mentioned above had new stamps right before lunch, went back after lunch and did the multi-reentry permit, took 10 minutes.

 

Final thought, even though I was technically still employed on 30 June, this didn't matter at CW for changing the extension to retirement becuase the cancellation had already been processed by One-Stop on 23 June,.   I initially thought I would have to go between 1 July and 6 July and was assured by law firm this was not the case. 

 

Hope this helps some folks including OP, 

 

[Korat88]

Thank you for all your replies, especially Expat4life66 with his detailed one!

 

As it happens his experience differed from mine, but as we know TIT! After receiving the previous replies my Thai step-daughter decided to visit CW herself and ask one of the senior immigration officers exactly what should be done. She was clearly told that I needed to leave Thailand and return, so in the end that is what I did! Hence, I am now back in Thailand after a quick holiday to Laos with my wife and step-daughter and have a visa until 1st February. I need to go to Korat immigration within the next couple of weeks and then before my current "free visa" on arrival expires extend for 90 days. In the meantime I also need to open a new bank account in Korat (although this is more for personal convenience than a necessity as I will be staying there and not in BKK where I currently stay) and deposit either the 400,000 Baht (if I decide in a spouse visa now) or 800,000 Baht for a retirement visa. So in my case it looks like the company lawyers were correct, but for others it seems as though they can bypass leaving Thailand. I was told that as my original visa was issued just over 14.5 years ago I HAD to leave Thailand. Perhaps 10 years is the limit and that is why Expat4life66 managed to stay in the country? Such is life!

[Sheryl]

You do not need to change visa at all. You can get a one year extension for reason of retirement (assuming over age 50 and meet financial requirements) based on your original non-B visa.