Changing a job question

[Banky Bee]

Dear All,

This year I need transfer to another company under the same employer. My duties and the nature of job won't change, it's just a technical transfer.

Currently I have Work Permit and 1-Year extension of stay based on the employment. I would prefer to make transfer without having to leave Thailand for various reasons (the employer is asking me to obtain a new tourist visa for further conversion into NON-B within a country; I will have longer unemployed, hence unpaid, period; I have to cover traveling expenses myself).

I tried to search and found quite controversial opinions. Some say that it's pretty intense, but still possible to apply for a new WP and extension within 7 days after cancelling the old ones. Others suggest leaving the country as 7 days is not enough.

Does someone have experiences of changing job successfully without leaving the country? Appreciate any suggestions.

[FritsSikkink]

Try to add the new company to your current work permit, should be possible as the owner is the same.

Unless he just doesn't want to pay you for a while / let you leave the company without severance pay.

It sounds fishy to me.

Edited June 5 by FritsSikkink

[Banky Bee]

28 minutes ago, FritsSikkink said:

Try to add the new company to your current work permit, should be possible as the owner is the same.

 

Thank you for the idea! I will discuss it with the employer.

But I am not sure what's gonna happen in case there is a second company added in the WP book, and then I need to cancel my initial employment. Will my WP and extension of stay still be valid?

[FritsSikkink]

16 hours ago, Banky Bee said:

 

Thank you for the idea! I will discuss it with the employer.

But I am not sure what's gonna happen in case there is a second company added in the WP book, and then I need to cancel my initial employment. Will my WP and extension of stay still be valid?

Best to contact the Labor office: English Menu Item (labour.go.th)

[problemfarang]

if the company name is same you can talk with the labor office. if the name is not same you need a new work permit 

bare in mind that your company name is also on your visa non-o. IO write up of it when using the visa.

best option is tell the company to prepare all paper work. you dont need to leave the country. can be done in same day.

if they cannot.. youi need to leave and get a new non-b and new work permit.

[Banky Bee]

21 hours ago, problemfarang said:

best option is tell the company to prepare all paper work. you dont need to leave the country. can be done in same day.

Unfortunately the new company name is slightly different (one word). So, that means I have only one option left? To leave and proceed new NON-B & WP, right?

 

I've checked extension stamps. In CW immigration they only wrote company name on the initial NON-B visa stamp, but not on the extension stamps.

[wmlc]

On 6/5/2024 at 3:27 PM, Banky Bee said:

Dear All,

This year I need transfer to another company under the same employer. My duties and the nature of job won't change, it's just a technical transfer.

Currently I have Work Permit and 1-Year extension of stay based on the employment. I would prefer to make transfer without having to leave Thailand for various reasons (the employer is asking me to obtain a new tourist visa for further conversion into NON-B within a country; I will have longer unemployed, hence unpaid, period; I have to cover traveling expenses myself).

I tried to search and found quite controversial opinions. Some say that it's pretty intense, but still possible to apply for a new WP and extension within 7 days after cancelling the old ones. Others suggest leaving the country as 7 days is not enough.

Does someone have experiences of changing job successfully without leaving the country? Appreciate any suggestions.

I can help you. if the employer cancels your visa first, they can request immigration to give up to 21 days to leave the country or sort yourself out a new visa. Honoring that request will depend on the discretion of the officer and whether or not you have at least that amount of time left on your current visa. For example, if you have 2 months remaining, it's possible to do this. If you have 5 days remaining, they will just stamp you 7 days. Then they cancel your work permit the day after.

 

Process is as follows:

 

1. Cancel visa

2. Cancel work permit

3. Apply new visa

4. New work permit 

5. Extension of stay.

 

This is just the general process. The reason they should not cancel the work permit first is because if they do, your visa will be voided immediately. Therefore, we do it this way to avoid that. 

 

Hope this helps.  This is the process for changing from one company to another in regards to the visa and work permit. 

Edited June 7 by wmlc

[bigt3116]

9 hours ago, wmlc said:

Process is as follows:

 

1. Cancel visa

2. Cancel work permit

3. Apply new visa

4. New work permit 

5. Extension of stay.

 

Slightly incorrect, you cancel the work permit first, then take the letter Labour give you and go to immigration to cancel your extension (visas are not cancelled)

 

9 hours ago, wmlc said:

If you have 5 days remaining, they will just stamp you 7 days.

 

Incorrect, if you want the extra 7 days you have to apply and pay for an "extension denied" 

[wmlc]

8 hours ago, bigt3116 said:

 

Slightly incorrect, you cancel the work permit first, then take the letter Labour give you and go to immigration to cancel your extension (visas are not cancelled)

 

 

Incorrect, if you want the extra 7 days you have to apply and pay for an "extension denied" 

No. You are absolutely wrong. Visas can be cancelled before the work permit with a letter from the employer.  He needs to cancel a visa and work permit from a previous employer and then get more than 7 days. We don't want the 7 days. We want up to 21 days so he can apply for a new Non-B visa inside Thailand. As I clearly posted, we can't cancel the work permit first or the visa will be cancelled immediately and we don't want 7 days either, which is what you get if you cancel the work permit on the same day before going to immigration to get the 7 day stamp.  I do this every week with many clients. If you don't know, don't comment.

 

I am tired of this endless debate on here between members who give visa advice and everyone then debates for hours and hours until admin shuts the thread down.

 

You know absolutely nothing about cancelling visas and work permits with an employer, and then getting a new visa with a new employer inside Thailand without leaving the country. Thanks for coming out though. Nice try. If you want to be trained on this process and open up your own law firm, let me know. We can do it for a reasonable price for you and if the OP pays my firm, we can do it for him in 20 minutes and post the evidence here for you to be educated on the visa laws. 

 

Besides the OP is gone now anyways and won't even read ANY of our posts. 

 

So, one last time. VISAS CAN ABSOLUTELY BE CANCELLED THE DAY BEFORE YOU CANCEL A WORK PERMIT AND YOU CAN ABSOLUTELY REQUEST UP TO 21 DAYS INSTEAD OF 7 DAYS AS LONG AT THAT REQUEST IS ON THE VISA CANCELLATION LETTER FROM THE EMPLOYER AND YOU HAVE MORE THAN THAT LEFT ON YOUR CURRENT VISA'S PERMISSION TO STAY. MY FIRM DOES THIS MULTIPLE TIMES PER WEEK, SO I DON'T NEED SOME GUY SITTING IN THE UK WITH NOTHING BETTER TO DO THAT DEBATE IN AN ONLINE FORUM TELLING US WHAT WE DO EVERY WEEK IS NOT POSSIBLE LOL  BYE BYE NOW. 

Edited June 8 by wmlc

[bigt3116]

15 hours ago, wmlc said:

VISAS CAN ABSOLUTELY BE CANCELLED

 

Show me a picture of a cancelled visa then. You do it so often you should have one readily available.

 

(It would seem that you don't know the difference between a visa and an extension of stay).

 

15 hours ago, wmlc said:

We want up to 21 days so he can apply for a new Non-B visa inside Thailand

 

To get any Non-immigrant visa inside Thailand requires you to either be on a visa exempt entry or a tourist visa (TM86/87), your "clients" would be on neither, so even with 21 days it would be impossible for them to be issued an in country Non-immigrant visa.

 

15 hours ago, wmlc said:

SO I DON'T NEED SOME GUY SITTING IN THE UK

 

Sorry to burst your bubble, but 16 years here in Thailand, (have not even stepped foot in the UK in that time)   🙂

[wmlc]

5 hours ago, bigt3116 said:

 

Show me a picture of a cancelled visa then. You do it so often you should have one readily available.

 

(It would seem that you don't know the difference between a visa and an extension of stay).

 

 

To get any Non-immigrant visa inside Thailand requires you to either be on a visa exempt entry or a tourist visa (TM86/87), your "clients" would be on neither, so even with 21 days it would be impossible for them to be issued an in country Non-immigrant visa.

 

 

Sorry to burst your bubble, but 16 years here in Thailand, (have not even stepped foot in the UK in that time)   🙂

Now i am going to educate you with the 
Law. Wait for it. Here are more specifics. 
 

The Royal Thai Police issued Royal Thai Police’s order No.327/2557 dated June 30, 2014, which took effect on  August 29, 2014. Since then, a standing administrative practice has been established. 
 

The immigration officer may allow a cancellation of the visa stamp about 3 weeks before the end of the employment. In that case, the time will be sufficient to apply for a new work permit (for the new employment) and a visa extension before the end of the current employment.

 

Now I will be very specific for you so you are educated properly. The process will then be as follows:

 

1.The Immigration Office must be notified and the non-immigrant B visa must be cancelled.

2. Following that, the work permit must be cancelled together with returning  the booklet to the Labour Department.

3. Upon receipt of the notification, the Immigration Office will issue a formal permission for the employee to stay in Thailand in accordance with the letter of previous employer. If the notification is submitted to the Immigration Office not longer than 3 weeks (this is the 21 days I’m talking about), before the end of the employment, the Immigration Office will grant such permission to stay in Thailand until the employment ends.

4. During this 3-week period, the employee may apply for a new work permit and extend a non-B visa under the new employment respectively.

 

Please note that the usual processing time for a new work permit at the Labour Department is 5 working days. The processing time of the new visa extension at the Immigration Office may be as short as 1 day. If there is no any interruption to the visa application, the immigration office will stamp the pending visa on the same day. After that, the foreigner needs to follow up to get one-year visa stamp on the appointment date. Therefore, ample time to complete the process is available.

 

Otherwise, if this process is not followed, the foreign employee who needs to change his job must apply for a 7-day extension to stay after the current employment ends. This meaning the employer cancels the work permit, then on the same day, the employee applies for the 7 days stamp and the previous Non-B visa is terminated.  Then, he must leave the country and apply for an entirely new Non-B visa abroad.

 

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.

 

So, this has been this way for 10 years and you didn’t even know about it. Ok thanks for coming out again. 

 

 

 

Edited June 9 by wmlc

[wmlc]

5 hours ago, bigt3116 said:

(It would seem that you don't know the difference between a visa and an extension of stay).

 

 

 

And for the record, when we talk to clients and give advice, we use vocabulary that is easy for them to understand. It's called common sense that you don't confuse customers. Let me educate you again. 

We use 'visa extension' or 'extend visa' instead of extension of stay. Why? so customers easily understand. So the guy asking the question easily understands. I have no use for a guy that comes on a public forum and debates with people about using "extend visa" instead of 'extension of stay". So, when speaking to customers or answering questions in a forum, I will use "visa extension" and "visa" and I could care less what you think or say about it. Bebye.     

[bigt3116]

6 hours ago, wmlc said:

And for the record, when we talk to clients and give advice, we use vocabulary that is easy for them to understand. It's called common sense that you don't confuse customers. Let me educate you again. 

We use 'visa extension' or 'extend visa' instead of extension of stay. Why? so customers easily understand. So the guy asking the question easily understands. I have no use for a guy that comes on a public forum and debates with people about using "extend visa" instead of 'extension of stay". So, when speaking to customers or answering questions in a forum, I will use "visa extension" and "visa" and I could care less what you think or say about it. Bebye.     

 

So you give incorrect advice, (according to what things are actually called). Troubling that you think your customers are too stupid to know the difference!

 

I would suggest you are an a$$hole who takes customers for a ride.

[wmlc]

8 minutes ago, bigt3116 said:

 

So you give incorrect advice, (according to what things are actually called). Troubling that you think your customers are too stupid to know the difference!

 

I would suggest you are an a$$hole who takes customers for a ride.

No comment on the actual law and process I posted after? Don't worry though, I will repeat it again for your information.

 

1.The Immigration Office must be notified and the non-immigrant B visa must be cancelled.

2. Following that, the work permit must be cancelled together with returning  the booklet to the Labour Department.

3. Upon receipt of the notification, the Immigration Office will issue a formal permission for the employee to stay in Thailand in accordance with the letter of previous employer. If the notification is submitted to the Immigration Office not longer than 3 weeks (this is the 21 days I’m talking about), before the end of the employment, the Immigration Office will grant such permission to stay in Thailand until the employment ends.

4. During this 3-week period, the employee may apply for a new work permit and extend a non-B visa under the new employment respectively.

 

I guess all of this is just in our imagination then. You have no idea. Thanks though. Maybe next time, mind your own business and stop highjacking other posts just to cause trouble. You might not want to go around calling people names in real life. I guess you feel like you can easily do it on a public forum where you are anonymous.  hmmm

Edited June 9 by wmlc

[Banky Bee]

On 6/7/2024 at 8:13 PM, wmlc said:

I can help you. if the employer cancels your visa first, they can request immigration to give up to 21 days to leave the country or sort yourself out a new visa. Honoring that request will depend on the discretion of the officer and whether or not you have at least that amount of time left on your current visa. For example, if you have 2 months remaining, it's possible to do this. If you have 5 days remaining, they will just stamp you 7 days. Then they cancel your work permit the day after.

 

Process is as follows:

 

1. Cancel visa

2. Cancel work permit

3. Apply new visa

4. New work permit 

5. Extension of stay.

 

This is just the general process. The reason they should not cancel the work permit first is because if they do, your visa will be voided immediately. Therefore, we do it this way to avoid that. 

 

Hope this helps.  This is the process for changing from one company to another in regards to the visa and work permit. 

Thank you very much for explaining this alternate route to get a longer extension of stay for up to 21 days. I haven't come across such info anywhere else while searching through many threads.

 

Quote

The Royal Thai Police issued Royal Thai Police’s order No.327/2557 dated June 30, 2014

I found this document and looked up the requirements in the “2.1 In the case of business necessity” section. So, I'll try to talk to my HR if they can get me all the papers required for this type of extension.

Edited June 9 by Banky Bee

[wmlc]

14 hours ago, Banky Bee said:

Thank you very much for explaining this alternate route to get a longer extension of stay for up to 21 days. I haven't come across such info anywhere else while searching through many threads.

 

I found this document and looked up the requirements in the “2.1 In the case of business necessity” section. So, I'll try to talk to my HR if they can get me all the papers required for this type of extension.

DM me if you get stuck and I can help.