Cancelling Work Permit and Non-immigrant visa

[djayz]

Just a quick question: My employer, soon to be former employer, is going to cancel my WP and visa within the next few days. The HR Manager tells me that I can "stay in Thailand for up to 21 days AFTER the visa has been cancelled and NOT be on overstay". My understanding has been that once the visa is cancelled, i.e. the right to stay in the Kingdom, then we have to leave on the same day. Has this changed or have I completely misunderstood it? 

[Crossy]

As far as I'm aware nothing has changed.

 

If you have a Visa (issued at a consulate outside Thailand) then you can stay until your current permission expires.

 

If you have an extension of stay it dies with your WP and you have until midnight to get out of Dodge!

 

I see UbonJoe is online, he will have the definitive answer.

 

[ubonjoe]

If your extension of stay is canceled you need to leave the same day it is canceled.

You can get 7 days to leave the country by applying for a extension and paying the 1900 baht fee for it.

[djayz]

1 minute ago, Crossy said:

As far as I'm aware nothing has changed.

 

If you have a Visa (issued at a consulate outside Thailand) then you can stay until your current permission expires.

 

If you have an extension of stay it dies with your WP and you have until midnight to get out of Dodge!

 

I see UbonJoe is online, he will have the definitive answer.

 

I've tried explaining this to the HR manager, but I can't get her to understand it... Thank you. What you wrote, and my interpretation of the rules, make more sense than what she is saying. 

[djayz]

Thank you for your replies so far. 

 

Due to appointment problems, the HR woman cannot meet me at immigration on Friday as planned to cancel the visa. My next question is, if I simply go to the border (Thai/Cambodia) and leave, won't my visa be automatically cancelled anyways? I have a single entry visa as I didn't plan on travelling in the foreseeable future. 

[Crossy]

Do you have a Visa or an extension of stay? This is important.

 

[Crossy]

58 minutes ago, djayz said:

Thank you for your replies so far. 

 

Due to appointment problems, the HR woman cannot meet me at immigration on Friday as planned to cancel the visa. My next question is, if I simply go to the border (Thai/Cambodia) and leave, won't my visa be automatically cancelled anyways? I have a single entry visa as I didn't plan on travelling in the foreseeable future. 

 

Leaving without a re-entry permit will end your permission to stay.

 

[BritTim]

49 minutes ago, Crossy said:

Do you have a Visa or an extension of stay? This is important.

To expand on this further:

1. If you are in Thailand on an entry from a Non B visa, there is no need to cancel your current permission to stay, and no penalty for staying until it expires whether you are working or not. The permission to stay is independent of the work permit. However, if you are on an extension of stay based on working, your permission to stay ends on the last day of employment.
2. If on an extension of stay based on working, you will probably be unable to leave by land without a re-entry permit. At land crossings, you are usually not able to cancel the extension based on working in that manner. You can leave by air, thus cancelling the extension in effect. However, this can create complications later, especially if you want to later work for a new employer.

 

EDIT: I should have mentioned earlier that you can cancel the extension (if that is what you have) simply with a termination letter from your employer. You take this to the immigration office to get it done. The termination letter can specify a date in the future, and the extension of stay will be terminated as of that date. As mentioned, you can apply for an extension of stay on a different basis immediately after cancelling your permission to stay based on working. If denied, you are than given seven days to leave the country (with the fee for the application for the extension non refundable).

Edited February 1, 2023 by BritTim

[djayz]

4 hours ago, Crossy said:

Do you have a Visa or an extension of stay? This is important.

 

I have an extension of stay

[Crossy]

2 minutes ago, djayz said:

I have an extension of stay

 

OK so you do have until midnight on the day your WP is cancelled, I just wanted to be sure you weren't selling yourself short.

 

As @BritTim notes, if you have a termination letter you can go to immigration, or you can leave the country (preferably by air) and return if you like on a visa exempt if your country is on the list of course.