Job Resignation And Visa Expiration

[andreabkk]

Hello to everybody, i gave my resignation at work last Thursday.

I have a Single Entry Non-Immigrant B issued by the Thai Embassy in Singapore on 21st December 2006. I applied for a new entry before i left thailand on 16th March and after i come back from Italy, on 5th april 2007 they gave me an extension of the Visa until the next 21st December. Now that i left my job, what can I do to stay here considering that I will have to come back in Italy on 18th December 2007 and considering that my company will wait to cancel my Work Permit until i will find a solution for my problem?

Thank you very much to all of you for your help. If you need more information, please let me know.

[torrenova]

I believe you get 7 days from when your WP is cancelled to leave / get a visa / entry stamp.

If you are saying that your company will wait until you leave to cancel your WP then your non imm B would still be active but it is not "legal".

Could it be legal if you were taking holidays owed to you until you leave and thus your last day of work would be say 18th Deecember ?

If your company plays ball you should be OK otherwise you will be in trouble I think, especially if they do cancel it.

You could just do 2 border runs and get 30 days each time or go to Penang and get a tourist visa. That way you would be within the law whatever they did with your work permit.

Edited November 6, 2007 by torrenova

[Maestro]

Andreabkk, I believe that strictly speaking the work permit book is yours, not your employer’s. However, the law requires your employer to notify the labour department within 15 days from the date of your termination of your employment, regardless whether he is in possession of your work permit book or not.

And you, being on an extension of stay for the reason of employment, are obliged to leave Thailand within 7 days, whereby it has never been quite clear to me whether these 7 days are to be counted from the termination of your employment or from the date when your employer notified the labour department of the termination.

I don't know what you are legally required to do with your work permit book after termination of your employment, but there may be information about that printed in the book.

--

Maestro

[lopburi3]

I believe the law is extension of stay ends with the end of employment and you must exit within 7 days - holding up the work permit return does not help you - it would not cover the time required even if not found out.

So you can leave and return on tourist visa or visa exempt entry (depending on your passport country) to cover the time you need.

[andreabkk]

To be honest, my Company fired me. So, they will wait to formalize my firing because they want to help me to find a way to stay in Thailand or to get a new job. They gave me the salary of November and the salary of December so, I guess, it's like my contract will expire on 31st December? I also own my Company xxx Co., Ltd. but I never used it in one year of staying in Thailand. Is it better to get a new WP with my own Company?

Thanks to all.

[lopburi3]

If they are keeping you employed on paper you should not have a problem. As for your own company will it support a work permit and extension of stay? Most would not.

[andreabkk]

My own Company is a 2 million bath Company. My old accounter told me that I can get a WP and Visa with it.

but i don't know how long does it take to get them.

[lopburi3]

Baht - baht

Did it provide you an income to allow an extension of stay last year, based on your nationality? Will it next year? Getting a work permit is not the same as an extension of stay. But if you are able to get the work permit and willing to make border runs you can likely obtain a multi entry visa that will cover you. But without company profit/loss type paperwork to cover your salary for a year do not believe immigration will even consider an extension of stay for such employment. A work permit normally takes several weeks but varies from place to place.

[stingray]

My own Company is a 2 million bath Company. My old accounter told me that I can get a WP and Visa with it.

but i don't know how long does it take to get them.

If your WP is not canceled yet, you could transfer to the new (your) company without troubles. If your WP is canceled already, you have to leave within 7 days and aply with your company cocuments a new WP. You need a letter from your Company. Easiest way, fly to Penang, go see Mike (Manager) from the Golden City Hotel, Georgtown, he can arrange everything.

[andreabkk]

I just contact now my old company for explanations. They said that at this moment, i'm not employed anymore by them. My employment ended October 31^st. However, for the work permit side, they will inform the labor department on early December (before Decembe 15th).

What can i do?

Thanks again

[lopburi3]

I would be on my way out and return with a 30 day stamp if you don't want to take time to get a visa.

[rhen86]

I just contact now my old company for explanations. They said that at this moment, i'm not employed anymore by them. My employment ended October 31^st. However, for the work permit side, they will inform the labor department on early December (before Decembe 15th).

What can i do?

Thanks again

here's a suggestion, if you can provide the papers of your company you get just transfer your work permit. Here how it is. Go to the dept.of labor tell them you transfer your job then they will give you the forms to be fill up by your new employer (which is your own company). They won't ask you so many questions. after you fill up the form give it back to the dept of labor.

Do you hold your work permit? if you do (better) you will be the one who can cancel it. the DOL will give you the cancel paper for your work permit together with the above papers.

Just fill it up and complete the requirements then submit it to them. Then come back for 3days / 1week for your new work permit then extend it for a year at the immigration. you don't have to go out of the country.

Just in case they already cancel your work permit. the best way (to be safe go outside that will invalid automatically whatever your visa is. And when you return you will just have your 30 days stamp.

Cheers!