student visa and non b visa issue

[Leviiirx]

Hello guys,

I was on student visa and finished my program last March 2024. I secured a job in Thailand already and my plan was to cancel my student visa, go to the border and apply the non B visa, come back in and apply work permit and extend the non b visa. However, the issue arises with my student visa cancellation.

My official graduation will be on Oct 2024 but the university system flagged me as graduated on April 2024 without notifying me. As my visa is still valid till 31 May 2024, I keep staying in the country until I was about to go out for applying Non - B visa at the border.

Before I flew out of the country on May 17, I went to immigration to cancel my student visa on May 16. But they told me that I overstayed because university tagged me as graduated since 4th of April. They forced me to fly out of country without canceling my visa and asked me to apply new non B visa at the border and come cancel and pay fine at the immigration when I extend my non B visa back in the country.

My question here is that as I already got the new non B visa and work permit in thailand, i will have to extend my non b visa this month, any chance I could avoid the stamp and fine without canceling backwards for the student visa?

Sorry for the complex writing. and thank you for any of your inputs.

[Maestro]

7 minutes ago, Leviiirx said:

...student visa...

 

When you say student visa, do you mean Non-immigrant visa category ED or do you mean extension of stay for the reason of studying?

[bigt3116]

7 hours ago, Maestro said:

 

When you say student visa, do you mean Non-immigrant visa category ED or do you mean extension of stay for the reason of studying?

 

He can't possibly be on a visa, as that would not have incurred overstay.

[bigt3116]

7 hours ago, Leviiirx said:

But they told me that I overstayed because university tagged me as graduated since 4th of April. They forced me to fly out of country without canceling my visa and asked me to apply new non B visa at the border and come cancel and pay fine at the immigration when I extend my non B visa back in the country.

 

Is this not the answer to your question? You overstayed by about 56 days, so you will have to pay the 20k fine, and get the stamp. 

[CLW]

14 hours ago, Leviiirx said:

Hello guys,

I was on student visa and finished my program last March 2024. I secured a job in Thailand already and my plan was to cancel my student visa, go to the border and apply the non B visa, come back in and apply work permit and extend the non b visa. However, the issue arises with my student visa cancellation.

My official graduation will be on Oct 2024 but the university system flagged me as graduated on April 2024 without notifying me. As my visa is still valid till 31 May 2024, I keep staying in the country until I was about to go out for applying Non - B visa at the border.

Before I flew out of the country on May 17, I went to immigration to cancel my student visa on May 16. But they told me that I overstayed because university tagged me as graduated since 4th of April. They forced me to fly out of country without canceling my visa and asked me to apply new non B visa at the border and come cancel and pay fine at the immigration when I extend my non B visa back in the country.

My question here is that as I already got the new non B visa and work permit in thailand, i will have to extend my non b visa this month, any chance I could avoid the stamp and fine without canceling backwards for the student visa?

Sorry for the complex writing. and thank you for any of your inputs.

How can immigration know that your university tagged you as graduated since 4th of April?

[Rob Browder]

17 hours ago, Leviiirx said:

...  i will have to extend my non b visa this month, any chance I could avoid the stamp and fine without canceling backwards for the student visa?

I would see if an agent will handle your Non-B extension, which might make the problem "just go away" - hopefully, without an overstay on your immigration record.  Hopefully your employer uses an agent, given the PITA of that type of extension - but if they are too stingy to take care of their employees properly, you will need to hire one yourself.

[Leviiirx]

23 hours ago, Maestro said:

 

When you say student visa, do you mean Non-immigrant visa category ED or do you mean extension of stay for the reason of studying?

I think it would be under extension of stay because it was an extension to 3 months ed visa which I applied outside of Thailand.

[Leviiirx]

15 hours ago, bigt3116 said:

Is this not the answer to your question? You overstayed by about 56 days, so you will have to pay the 20k fine, and get the stamp. 

Exactly, just curious if any chance I could avoid the stamp because I already had a new non - b visa over the existing student visa. Paying fine is not a problem although a bit too much for 45 days, but the problem would be the overstay stamp on my passport.

[Leviiirx]

9 hours ago, CLW said:

How can immigration know that your university tagged you as graduated since 4th of April?

Because I have to show the certificate of completion for the program I attended, which I need to request to the university two weeks before my student visa cancellation day, to the immigration. On that certificate, the registrar office marked as the program completion day as 4th April, but my official graduation day would be on 3rd Oct. So basically, the immigration takes the 4th April as the graduation day because they just check that certificate.

[Leviiirx]

6 hours ago, Rob Browder said:

I would see if an agent will handle your Non-B extension, which might make the problem "just go away" - hopefully, without an overstay on your immigration record.  Hopefully your employer uses an agent, given the PITA of that type of extension - but if they are too stingy to take care of their employees properly, you will need to hire one yourself.

Unfortunately, my employer just uses their HR team to deal the visa matters of their foreign employees.

[Maestro]

1 hour ago, Leviiirx said:

Unfortunately, my employer just uses their HR team to deal the visa matters of their foreign employees.

 

I'd say it is fortunate that your employer's Human Relations department handles your visa and immigration matters because you seem to be confused with what you really have and the terminology. Don't worry about that, even immigration offices and many posters on this forum mix up the terminology.

 

With the clarification you provided, it looks very much like the immigration official who told you that you would have to pay an overstay fine may have been wrong or that you misunderstood what he said. Leave it in the hands of the HR team and all will be fine. 

[Maestro]

@Leviiirx

If I understand your opening post of this topic and your later clarification correctly,

1. your last extension of stay for the reason of studying had 31 May 2024 as the expiration date
2. you left Thailand on 17 May 2024 without a re-entry permit to an unnamed country, where you applied at the Thai embassy or a Thai consulate for and were granted a non-immigrant visa category B (non-B visa, for short)
3. subsequently, you travelled to Thailand with the non-B visa and your passport was stamped with an arrival stamp giving you permission to stay for 90 days
4. you currently have a valid work permit

On the basis of the above premises, you are not currently and have not been on overstay and you are not liable to pay an overstay fine. If you had been subject to a fine, it would have been collected from you when you left Thailand on 17 May 2024.

 

Ideally, a member of your HR team should accompany you when you apply for the one-year extension of stay for the reason of employment. If the immigration official insists on fining you for overstaying, make sure that the official shows you the receipt that will be given to you in return for your payment of the fine.

[CLW]

13 hours ago, Maestro said:

@Leviiirx

If I understand your opening post of this topic and your later clarification correctly,

1. your last extension of stay for the reason of studying had 31 May 2024 as the expiration date
2. you left Thailand on 17 May 2024 without a re-entry permit to an unnamed country, where you applied at the Thai embassy or a Thai consulate for and were granted a non-immigrant visa category B (non-B visa, for short)
3. subsequently, you travelled to Thailand with the non-B visa and your passport was stamped with an arrival stamp giving you permission to stay for 90 days
4. you currently have a valid work permit

On the basis of the above premises, you are not currently and have not been on overstay and you are not liable to pay an overstay fine. If you had been subject to a fine, it would have been collected from you when you left Thailand on 17 May 2024.

 

Ideally, a member of your HR team should accompany you when you apply for the one-year extension of stay for the reason of employment. If the immigration official insists on fining you for overstaying, make sure that the official shows you the receipt that will be given to you in return for your payment of the fine.

 

I think the "problem" is that the OP went to immigration one day before leaving the country to cancel his ED-Visa.

He simply should not have done this and just leaving the country without re-entry permit to invalidate his ED-Visa.

No one would have known about this date 4 April on his letter from the registrar. Because usually the university doesn't update the status of their students to immigration