Non-B Extension Not Cancelled after Employment Termination

[TomCollins]

My employment was abruptly terminated without notice or cause more than a month ago, but I still haven’t received the documents required for visa cancellation and my work permit is also still active.

 

I went to Chaengwattana two weeks ago to attempt to cancel the visa extension myself, and explained that my former employer is incompetent in providing documents (consistent history of mismanagement of work permits and untimely visa documents for all foreign staff). Immigration insisted that I needed the documents from my former employer to proceed with cancelling the visa extension.

 

The immigration officer also suggested that I could ask the company to include a later (but inaccurate) termination date on the letter required to avoid any financial penalties or overstay. Despite the termination, I’ve maintained a positive relationship with my former employer, and was highly successful in my employment tenure, so I do think the company director intends to respect that and will comply with altering the termination date (they’re good people, but terribly incompetent in company documents and visa/work permit support).

 

My current visa extension expires on April 30, and I’ve got a flight booked on April 20, with a return on May 5. With Songkran closures, the window has narrowed to addressing this on either April 17 or 18. In the case the company does provide the documents in time, I’ll simply cancel the extension (based on employment), get the 7 days, and return on visa exemption. 

 

What happens if they don’t provide the cancellation documents before then?

 

My visa extension would expire while traveling, and I’d still be able to return on visa-free exemption, but the uncancelled visa extension would need to be addressed and due to the fact my termination had obviously occurred weeks prior, there would be a 500 baht daily fine and overstay on my record? 

 

Is there any sort of recourse here to potentially avoid that? It seems as if I could face consequences for my employer’s lack of properly handling this, and that would be incredibly frustrating if so as I’m doing everything possible to comply with the law and avoid any penalty or issue.

Any suggestions are much appreciated, Happy Songkran!

[Rob Browder]

Where this will potentially be a problem, is if you try to get another visa-extension from immigration.  It will not prevent coming back visa-exempt or with a visa from a Thai consulate. 

 

Some report managing a new extension without the issue "coming up," but others report having to pay overstay-fines, even when they weren't in the country on a work-based stay during the "overstay" time - max-fine 20K Baht.

 

Best advice to anyone whose work ends, while on a work-based extension-of-stay:  First, try to get the termination letter immediately.  But, if that fails, leave that day or ASAP.  Then, work on getting that letter, dated to the day you left, so you can fix things with immigration after-the-fact.

[Tod Daniels]

You have almost no leverage with an employer who doesn't provide you with the documentation to cancel your work permit/extension 😞

you will have no issue getting in to the country visa exempt (at least no issue from not having cancelled your "open" extension before you left) 

you will have no issue getting an extension on that visa exempt entry 
 

you will have no issue getting a new Non-B visa from a thai consulate in another country 
 

you WILL have an issue if you go to extend a non-B visa based on employment (or really any Non-Imm visa) and they will fine you 500 baht a day from the date the work permit was cancelled for every day you didn't cancel the extension (even though you exited before it ran out, that doesn't matter, what matters is you didn't cancel it "officially" at the immigration office). The fine caps out at 20k baht after 40 days. 

 

[allane]

A worrisome combination:  "no leverage with an employer..." and "hefty fines for non-cancellation".

[TomCollins]

I’m curious what fines my previous employer could also potentially incur for not cancelling my work permit as required by law. 

 

If there are applicable fines for the company, of course they’d prefer to avoid them, and they may not be informed of that currently.

 

I’m wondering if informing them of the consequences of non-compliance would be the “leverage” I could use to guide them towards handling this, essentially saying look, it’s in the best interest of both of us to change the date on the termination letter to one that would avoid penalty for either of us.

[DrJack54]

18 minutes ago, TomCollins said:

,.it’s in the best interest of both of us to change the date on the termination letter to one that would avoid penalty for either of us

It's common to date the termination letter to date in future for reason you outline.