Non-b Cancellation?

[Mark Stile]

Okay, let me explain my story. I came to Thailand 6mths ago working for this school I found in the internet. I left after a few months realising its not exactly the school for me. Now, I arrived Thailand with the Non-B multi because this school had provided all the supporting documents inorder for me to get a 1yr visa.

After leaving that school (did I mention there was NO contract signed as I was still going through my probation) I found another school. Ive being working at this for quite a few months and am very happy. This school had recently applied for my work permit and visa extension.

Now heres my problem - my previous school just called me up saying their going to CANCEL my non-B visa.

So now I have a non-B visa from my previous sch and my work permit from this second school.

My questions -

1- Can the previous employer really cancel my non-B since I have a work permit and my visa extended already?

2- If the non-B really get cancel, would it automatically cancel my work permit? So i'll be overstaying?

Please, if anyone can help, im desperate for some lifesaving advices.

Thanks

[davethailand]

not sure but i don't think they can cancel your non imm b visa as its in your passport. its not the same as a work permit, which belongs to the company that its issued to. the passport is yours personally.

[andyadam]

I don't understand how a school could cancel your visa, the visa is issued by an embassy or consulate in another country, it is your obligation to get the visa before you can get a work permit, on this basis I would think that the only people that can revoke the visa would be immigration.

As you would now be looking for work and on finding work, would need the visa for a new work permit, I think they are just pulling your chain!!!!!

Your passport, your visa. But work permit must be returned to the DoL within 7 days of finishing work.

[huski]

Okay, let me explain my story. I came to Thailand 6mths ago working for this school I found in the internet. I left after a few months realising its not exactly the  school for me. Now, I arrived Thailand with the Non-B multi because this school had provided all the supporting documents inorder for me to get a 1yr visa.

After leaving that school (did I mention there was NO contract signed as I was still going through my probation) I found another school. Ive being working at this for quite a few months and am very happy. This school had recently applied for my work permit and visa extension.

Now heres my problem - my previous school just called me up saying their going to CANCEL my non-B visa.

So now I have a non-B visa from my previous sch and my work permit from this second school.

My questions -

1- Can the previous employer really cancel my non-B since I have a work permit and my visa extended already?

2- If the non-B really get cancel, would it automatically cancel my work permit? So i'll be overstaying?

Please, if anyone can help, im desperate for some lifesaving advices.

Thanks

this new extension and work permit should have the same expiration date and will be tied together representing your stay and current job in thailand.

i would think if you receive your extension of stay and work permit based on this new job, then you are ok.

[Indo-Siam]

Once again, significant confusion based on incorrect terminology in relation to the terms "visa" and "work permit."

A visa is normally issued outside Thailand, by a Thai diplomatic post. If it is multiple-entry, then it is valid up until its expiration date, and nothing that an employer does has any affect on this visa.

The "entry permit" issued inside Thailand by an immigration official, is what you should be concerned with.

At whatever point your blue work permit booklet is turned in by employer#1, you will be summoned by Immigration and advised that your entry permit is cancelled, and you must leave the country - typically within 7-10 days.

What was not clear from you post was the status if your first work permit booklet - did you get second job entered into your initial blue work permit booklet? If so, then employer #1 cancelling their permit has no effect on you - because your second work permit will most likely match your entry permit expiration date - and both wpork permit and entry permit will be renewed together, at some point.

If you got a second blue work permit book, then when Employer #1 turns in your WP from them, the Immigration routine will be initiared to cancel your entry permit. Best way to fix this is to take your passport and WP from employer #2 to Immigration at Soi Suan Phlu right now, and explain the situation. They will then make adjustments to their records, such that action by employer #1 will not have any effect.

Be aware - if it has been more than 15 days since employment with employer #1 was terminated, and they stopped paying personal income taxes on your salary for them several months ago - but failed to turn in your blue work permit booklet - and you went and got another work permit booklet from a second employer, the following unhappy things may possibly occur:

1) You and employer #1 may have to pay a fine (not big - maybe 1,500 baht)

2) You and/or employer #1 may have to pay your personal income tax withholding on your work permit salary for the entire time since your employment was terminated (this can get expensive).

3) If your application for work permit for employer #2 was submitted without listing work permit #1 on the application (as required), you may face a significant fine - or - if they think you purposely tried to deceive them - very heavy penalty (as in: deportation and blacklisting)

They should normally not have issued you a second work permit booklet if you listed a first work permit that was still "open." If the first WP booklet was turned in promptly, and your second work permit was issued smoothly, then you should have nothing to worry about - no action by employer#1 should have any impact upon you now. Your present work permit justifies your present entry pemit.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[Mark Stile]

Thanks for all your help. Sorry for not mentioning this last time - the only thing I got from Employer #1 was the supporting documents inorder to apply for a non-B multi. I was only working there for only a few months, so, no I was never given a work permit, let only started the process.

However, Employer #2 has already got a work permit AND visa extension for me.

Does that mean Employer #1 CAN NOT cancel my non-B visa (remember I used their documents to get this visa at the first place)?

[huski]

Thanks for all your help. Sorry for not mentioning this last time - the only thing I got from Employer #1 was the supporting documents inorder to apply for a non-B multi. I was only working there for only a few months, so, no I was never given a work permit, let only started the process.

However, Employer #2 has already got a work permit AND visa extension for me.

Does that mean Employer #1 CAN NOT cancel my non-B visa (remember I used their documents to get this visa at the first place)?

this new extension and work permit should have the same expiration date and will be tied together representing your stay and current job in thailand.

i would think if you receive your extension of stay and work permit based on this new job, then you are ok.

[Mark Stile]

I take it as Employer #1 is just out to make my life a living nightmare! Take it as I can ignore him from now on than.

Thanks mate

[Indo-Siam]

Employer#1 is totally blowing smoke at you. You can enter Thailand on a non-immigrant visa based on an employment letter from one employer, and then change your mind - and employer can do nothing to you. Employer #1 can only affect you if you have an work permit and associated entry permit extension based on working for him.

It's not particularly sporting of you to have an employer go through the drill of preparing documentation packet to support a one year, multiple-entry non-immigrant Class B visa - and then blow him and his company off when you get here - but there is nothing he can officially do about it.

As Huski says, your existance in Thailand is now based on your current employment situation.

It sounds like you may have been illegally drawing salary from first employer - without a work permit - but that employer cannot cause you trouble over this without also causing himself trouble - he's as guilty as you are.

Cheers!

Indo-Siam

[Mark Stile]

Just want to say THANKS to everyone for the help.