End of employment, end of Non-B visa, what happens next?

[OneMoreFarang]

What is the procedure if a foreigner has a valid Non-B visa and work permit and then then the person stops working in that company?

 

I guess the company will report to the authorities that the person is not employed anymore on date x. And that means from that day on the visa and work permit are not valid anymore.

 

Is it necessary or common procedure that the employee has to give the passport and work permit to the employer so that they show them to the authorities, and they will mark them invalid?

Or is that not necessary and usually it doesn't happen?

 

And what is the status of the foreigner, who is still in the country, after the business visa expires? Does he then have no valid visa from that day on? Or does the status change automatically to tourist visa for maybe 30 days or so?

 

Should the employee visit the immigration on or near the last day of employment to change to a tourist visa? Or does the employee have to leave the country and apply for a new visa or enter the country without visa to get a 30-day stamp?

 

Thanks for any information. 

 

 

[xtrnuno41]

Just asked my wife, she is labor officer, however thats just one section, there are 5 sections.

She couldnt say, she somehow had some in mind that you had 30 days to go, after breaking.

BUT she could not tell for real. All sections are totally separated and dont have that much contact.

She said this one would be under section "Employment Office", they decide about giving a work permit and then Immigration gives out the visa. 

My  wife has no further connections to ask. However you can walk in "Employment Office" and explain situation. Again however to go there with an interpreter, as it  is questionable if they can speak English. Maybe one but then the best chance is with Immigration office, as they have more contact with foreign people and therefor speak English. And are the most experienced in visa changes, having or loosing one.

I could speculate but doesnt really help, so waited till wife was home to ask if she knew something about it. But as said, she is on another section. Sorry.

[JeffersLos]

7 days to leave the country or apply for an extension with all requirements met. 

[Klong Song]

Your non-B can be extended if you qualify

[Thalueng]

7 hours ago, JeffersLos said:

7 days to leave the country or apply for an extension with all requirements met. 

Correct, counting from the day the work permit is cancelled, which your company is obliged to do.

[mokwit]

Isn't it that 7 days not automatic, rather you have to go to immigration on the day of termination to avoid overstay and then apply for extension for Bt1900 which is refused, and are given 7 day grace period to exit?

[bigt3116]

8 hours ago, JeffersLos said:

7 days to leave the country or apply for an extension with all requirements met. 

So wrong and would lead to overstay!

 

[bigt3116]

14 hours ago, OneMoreFarang said:

What is the procedure if a foreigner has a valid Non-B visa and work permit and then then the person stops working in that company?

If you truly have a VISA then that can not be cancelled, but you should cancel the work permit.

[bigt3116]

41 minutes ago, Thalueng said:

Correct, counting from the day the work permit is cancelled, which your company is obliged to do.

So wrong and could lead to overstay!

[jcmj]

Don’t forget get to go to the SS office as well. A lot of things to tie up in 7 days. If you’re lucky your employer will work with you and give you the time to get everything done before they cancel your WP. 

[LennyW]

Your employer is legally obliged to cancel your visa/work permit immediately, so then have 7 days to leave or get another type of visa.

But depends on your relationship with your employer, talk to the HR and ask them to maintain your visa for 3 months, this then allows you to show seasoned funds for retirement or marriage visa.

[AustinRacing]

In my case working for a big multinational Thai company they took my passport. They went to Labor department canceled  the work permit, then went to immigration and cancelled the work visa and obtained a 7 day stay, returned my passport to me. I didn’t have to do anything. 

[bigt3116]

1 hour ago, LennyW said:

Your employer is legally obliged to cancel your visa/work permit immediately, so then have 7 days to leave or get another type of visa.

But depends on your relationship with your employer, talk to the HR and ask them to maintain your visa for 3 months, this then allows you to show seasoned funds for retirement or marriage visa.

So wrong, YOU are responsible for cancelling any EXTENSION and work permit. VISAS are not cancelled.

[Pib]

Here's some info from a legal firm talking cancellation of a Non B visa and/or Non B Extension along with work permit.  Please note it does make a difference as to whether you are on a Non B visa or an extension of that visa in regards to cancellation of the visa/extension.

https://franklegaltax.com/visa-issues-when-your-work-permit-is-cancelled/

 

And then here is some info from the Phuket Immigration Volunteers....once again it makes a difference as to whether a person is on a Non B Visa or extension of that visa.

https://piv-phuket.com/others/b-extension-cancelation/

 

 

 

[bigt3116]

11 minutes ago, Pib said:

Here's some info from a legal firm talking cancellation of a Non B visa and/or Non B Extension along with work permit.  Please note it does make a difference as to whether you are on a Non B visa or an extension of that visa in regards to cancellation of the visa/extension.

https://franklegaltax.com/visa-issues-when-your-work-permit-is-cancelled/

 

And then here is some info from the Phuket Immigration Volunteers....once again it makes a difference as to whether a person is on a Non B Visa or extension of that visa.

https://piv-phuket.com/others/b-extension-cancelation/

 

 

 

From your first link "1.The Immigration Office must be notified and the non-immigrant B visa must be cancelled.", this is totally INCORRECT, visas are not cancelled.

 

 

[Pib]

2 minutes ago, bigt3116 said:

From your first link "1.The Immigration Office must be notified and the non-immigrant B visa must be cancelled.", this is totally INCORRECT, visas are not cancelled.

 

 

Yes, but the same link clarifies further down in their article.   

 

Quote

This applies to foreigners who are allowed to stay in the kingdom under 1 year visa extensions. With regards to a 1 year Non-B visa which was issued from a Thai embassy/consulate and if the foreigner has not applied for a visa extension at Immigration Office yet, this does not apply, and the Non-B visa remains valid after the end of the employment until its usual expiration date. Only if the visa previously has been extended by the Immigration Office, the visa will expire immediately in the circumstances mentioned above.

 

[bigt3116]

52 minutes ago, Pib said:

Yes, but the same link clarifies further down in their article.   

Very true, and I did notice that, however, the page should never have said it in the first place.   ????

[Ralf001]

3 hours ago, LennyW said:

Your employer is legally obliged to cancel your visa/work permit immediately, so then have 7 days to leave or get another type of visa.

But depends on your relationship with your employer, talk to the HR and ask them to maintain your visa for 3 months, this then allows you to show seasoned funds for retirement or marriage visa.

The 7 days to leave is a BOI company thing.

Non Boi company you gots 24hr to get out.... or arrange a 7day extension.

[bigt3116]

3 minutes ago, Ralf001 said:

Non Boi company you gots 24hr to get out.... or arrange a 7day extension.

You do NOT get 24 hours, you leave THAT day or arrange another extension.

[LennyW]

7 hours ago, bigt3116 said:

So wrong, YOU are responsible for cancelling any EXTENSION and work permit. VISAS are not cancelled.

It is cancelled if your visa is based on employment, the company are responsible. BOI company 7 days grace, non BOI 24 hours.

Edited May 11, 2023 by LennyW

[Ralf001]

5 hours ago, bigt3116 said:

You do NOT get 24 hours, you leave THAT day or arrange another extension.

Well there ya go.... Sucks if ya dont work for a BOI company !!

[foreverlomsak]

On 5/10/2023 at 5:26 PM, OneMoreFarang said:

Is it necessary or common procedure that the employee has to give the passport and work permit to the employer so that they show them to the authorities, and they will mark them invalid?

Or is that not necessary and usually it doesn't happen?

In my case, employed by a school and my contract of employment was not going to be extended for another year as I was over 60, so things might be little bit different.

The owners son took me on my last day to the Labor office to terminate the WP, and then to Immigration to cancel the Non-B, I was informed there that I could apply for a change of reason for staying or be given 7 days to sort out affairs.

Easy for me Retirement my family are here, my wife being Thai, also I had been on Retirement Extensions before joining the school to fill a gap that had occurred. I was required to write a letter to Immigration explaining why I wished to change from Non-B to Retirement.

Out the door with an extension to my Permission to Stay in 20 minutes.

Don't know if this will help in your situation.

[AustinRacing]

6 hours ago, Ralf001 said:

The 7 days to leave is a BOI company thing.

Non Boi company you gots 24hr to get out.... or arrange a 7day extension.

I’d like to add my employment was through BOI. 

[Pouatchee]

19 hours ago, JeffersLos said:

7 days to leave the country or apply for an extension with all requirements met. 

You actually have 24 hours to get out from the day your work permit is cancelled. 7 days was a long time ago. After 24 hrs you are on overstay. 500bht a day fine

[simon43]

[quote]

...

In my case, employed by a school and my contract of employment was not going to be extended for another year as I was over 60,

...

[/quote]

 

Out of interest, why was your age an issue?  There is nothing in Thai law (AFAIK) that forces an employer to terminate your job when you reach 60 years old.

 

Off-topic, but I'm soon off to my next teaching job in Myanmar - I'm 64 years old and my age is absolutely not an issue ????

[DrJack54]

9 minutes ago, simon43 said:

Off-topic, but I'm soon off to my next teaching job in Myanmar - I'm 64 years old and my age is absolutely not an issue

Out of interest what's the salary for a 64 year old teacher in Myanmar. 

 

[DrJoy]

32 minutes ago, Pouatchee said:

You actually have 24 hours to get out from the day your work permit is cancelled

Wrong. You have to exit the same day before the clock strikes midnight

[LogicThai]

My company arranged the entire process: Cancellation of the WP and the Non-B, and Immigration granted 21 days, during which I secured a Non-O (Retirement).

Retrospectively, I probably should have gone for a Non-O (Marriage), because my Non-O (Retirement) is incompatible with a new WP. But Non-O (Retirement) is so much easier and faster to secure. It only took 45 minutes at Immigration.

[DrJoy]

On 5/10/2023 at 5:26 PM, OneMoreFarang said:

And what is the status of the foreigner, who is still in the country, after the business visa expires? Does he then have no valid visa from that day on? Or does the status change automatically to tourist visa for maybe 30 days or so?

For example, if your B visa is cancelled on 11th May 2023, you have till midnight to exit the country.

 

After midnight, you will be on overstay immediately.

 

Nothing automatic.

 

If over 50 can change to retirement, Provided you have 800k baht or marriage ( 400k baht)

[simon43]

34 minutes ago, DrJack54 said:

Out of interest what's the salary for a 64 year old teacher in Myanmar. 

 

$2,500 USD tax-free ????  (No B.Ed, no PGCE, no QTS, just my science degrees, CPD certificates in pedagogy and years of in-class experience)

 

Edited May 11, 2023 by simon43