Leaving One Company- Joining Another

[ChiangMaiThai]

It looks like I will soon be leaving one company and joining another. As I understand, within a week of leaving my current company, the WP will be invalid and I will have to leave the country. Is there a process to transfer the work permit to my new company before it expires so I can avoid the trip to Singapore and avoid repeating the Non-Im B visa application?

[joskydive]

You don't have to leave the country. You are only giving back your Work Permit, not, your visa. Your visa is valid until the expiry date.

[ChiangMaiThai]

You don't have to leave the country. You are only giving back your Work Permit, not, your visa. Your visa is valid until the expiry date.

Are you 100% sure of this?

My original Multiple Entry Non-Im B Visa was issued on April 26, 2007 and states that it must be utilized before April 25, 2008.

The last time I came into Thailand, my Departure Card was stamped with:

"Admitted Until 31 Oct 2007".

A month later my office took me to Immigration and along with my work permit I received a stamp that says:

"Application of Stay is Permitted Until 31 Oct 2008" "Applicant Must Leave the Kingdom Within The Date"

When I leave this current job, you are saying that the stamp that says I am permitted to stay until 31 Oct 2008 remains valid, correct? If so, do I have to leave the country anytime between now and then? (On the multiple entry, without the work permit I would have had to leave every 3 months).

And if this visa is still valid, does this mean that I can get my work permit at a new company without going to Singapore and applying for the non-im B again?

The HR manager in my office seems to be under the impression that as soon as I leave the company, I have one week to get out of Thailand. I can then return, but my non-im B will be void and I will be on the poverty packer (in tribute to Dr. Patpong for those who were on the forum 5 years ago) 30 day visa free entry stamp. Is she completely wrong?

Thanks for any clarification!

[kudroz]

You are on an 1 Year Extension of Stay based on Business (Employment). Your "Admitted to Stay Until" stamp was extended for 1 year by the immigration based on qualifying salary and employer. If you are no longer employed, your Admitted to Stay Until stamp will be adjusted, and you will have to leave Thailand within 7 days.

Your Non-Imm B visa is not cancelled and is still valid until April 25th 2008. If you exit and re-enter Thailand before such date, you will be given a "Admitted to Stay Until" stamp for 3 months.

If you have the Work Permit booklet in your possession, you can add a second employer to it. Your new employer will have to provide its company documents to the Department of Labor and must qualify with the 2M Registered Capital (100% Paid-Up in Chiang Mai) per foreign worker. Once your new employer has been added to the booklet, you can then quit your first job. If your extension of stay was granted with your first employer, you will still have your Admitted to Stay Until stamp adjusted (leave in 7 days) unless your new salary and employer qualifies as well for the extension of stay.

Edited April 11, 2008 by kudroz

[joskydive]

Frankly, I'd go straight to the nearest immigration office and find out exactly what is the requirement nowadays.

I also renewed my non-B visa in Bangkok with the letter from the new company offering me a position. I did, however, go with my Lawyer and he supplied all sorts of other documents. (Long, drawn-out and definately not easy).

It might be easier for you to go to Singapore, they don't ask for so many documents.

[ChiangMaiThai]

You are on an 1 Year Extension of Stay based on Business (Employment). Your "Admitted to Stay Until" stamp was extended for 1 year by the immigration based on qualifying salary and employer. If you are no longer employed, your Admitted to Stay Until stamp will be adjusted, and you will have to leave Thailand within 7 days.

Since my passport is in my possession, how will I know the date when my Admitted to Stay Until stamp is adjusted? (I've had a bit of a falling out at work and they may very well refuse to tell me).

Your Non-Imm B visa is not cancelled and is still valid until April 25th 2008. If you exit and re-enter Thailand before such date, you will be given a "Admitted to Stay Until" stamp for 3 months.

Assuming my Admitted to Stay Until stamp has not yet been adjusted and I just head for the border, as long as it is before April 25, upon my re-entry am I guaranteed to get the 3 months? Or does there have to be first be some evidence that the Admitted to Stay Until stamp has been adjusted?

Thanks very much!

Edited April 11, 2008 by ChiangMaiThai

[kudroz]

Since my passport is in my possession, how will I know the date when my Admitted to Stay Until stamp is adjusted? (I've had a bit of a falling out at work and they may very well refuse to tell me).

Once your employment is terminated, your employer will notify the Department of Labour (and generally also the Immigration) to let them know that you are no longer employed. They, generally, put this on their computer with your TM Card Number and your Extension of Stay is then adjusted (in the Immigration computers) so that you have to leave Thailand within the next 7 days.

If you do not, you will have to pay overstay when you exit Thailand and/or run the risk of being deported. It has been reported on this forum that it's a hit&miss for some. It depends in which province you are and how the Department of Labour coordinate their information with the Immigration Office. Some employers will contact only the Department of Labour and they might not relay the information efficiently to the Immigration Office in some cases.

Assuming my Admitted to Stay Until stamp has not yet been adjusted and I just head for the border, as long as it is before April 25, upon my re-entry am I guaranteed to get the 3 months? Or does there have to be first be some evidence that the Admitted to Stay Until stamp has been adjusted?

You will have to leave Thailand within 7 days of your employment being terminated. If you re-enter Thailand before April 25, your Non-Imm B Visa is still valid, thus you will get the a Permitted to Stay stamp good for 3 months.

Further explanations:

You've got to understand that your Visa and the Stamp that you get when you enter Thailand are different. The Visa is the thing in your passport that gets you that Stamp when you enter Thailand. As long as your Non-Imm B (Multi Entry) Visa is valid (up until April 25th) you will always get a Stamp that will permit you to stay in Thailand for 3 months. When they cancel/adjust your Stamp, it does not invalidate your Visa.

[ChiangMaiThai]

kudroz, thanks very much for the clarification. Sounds like if your employer doesn't tell you the date of your official termination, then you are better off erring on the side of caution.

[Tomkagai]

Best way is doing this in Singapore to get everything sorted out....been through this a couple of times

And for the cost of a ticket and a night in Singapore it will save a lot of hassle...

[dr_Pat_Pong]

You don't have to leave the country. You are only giving back your Work Permit, not, your visa. Your visa is valid until the expiry date.

Are you 100% sure of this?

My original Multiple Entry Non-Im B Visa was issued on April 26, 2007 and states that it must be utilized before April 25, 2008.

The last time I came into Thailand, my Departure Card was stamped with:

"Admitted Until 31 Oct 2007".

A month later my office took me to Immigration and along with my work permit I received a stamp that says:

"Application of Stay is Permitted Until 31 Oct 2008" "Applicant Must Leave the Kingdom Within The Date"

When I leave this current job, you are saying that the stamp that says I am permitted to stay until 31 Oct 2008 remains valid, correct? If so, do I have to leave the country anytime between now and then? (On the multiple entry, without the work permit I would have had to leave every 3 months).

And if this visa is still valid, does this mean that I can get my work permit at a new company without going to Singapore and applying for the non-im B again?

The HR manager in my office seems to be under the impression that as soon as I leave the company, I have one week to get out of Thailand. I can then return, but my non-im B will be void and I will be on the poverty packer (in tribute to Dr. Patpong for those who were on the forum 5 years ago) 30 day visa free entry stamp. Is she completely wrong?

Thanks for any clarification!

Good memory CMT

[Furbie]

As stated by some posters, you need to be out of the country in 7 days. If you know the termination date, your new employer should be able to sort it out before you need to leave, provided they are in possession of everything required. However, you may find it much, much easier to leave and come back in on a new non-Imm B, as it gives you more time to work things out – but you must leave within the 7 days and come back after the 7 days (to the best of my knowledge). This is what I did when changing from my last job. I am not sure about coming back right before your visa expires and getting another 3 months on that visa - I have left the country on my non-Imm B close to the time it will expire, and the new stamp recieved (as I recall) has always been tied to the visa's expiration date. I would check that out before doing something like that. However, your new company must have its act together to get you all required documents before you leave. All Thai consulates will require the same information for a non-Imm B, so it does not matter where you go.

Why is your work permit not in your possession? That is very strange. It is your work permit and you need it for many routine transactions. Additionally, Thai law requires you have it with you at your work place. They actually came to my office once and checked that all westerners had their work permits.

Regardless of what you do, there are two things you should do:

1) When your current employer hands in your work permit, there will be a document or somthing put in the work permit (can't remember which) recording the transaction – make sure you get a copy of this, as your next employer will need it.

2) Watch out for tax implications. I know several people who got seriously screwed changing from one job to another as the new job finance staff were too daft to figure out that you have other income for the year from your previous job. Make sure you take an earnings statement to your new job showing your total income and taxes paid for the year – your current employer should give this to you.

[quiksilva]

As stated by some posters, you need to be out of the country in 7 days. If you know the termination date, your new employer should be able to sort it out before you need to leave, provided they are in possession of everything required. However, you may find it much, much easier to leave and come back in on a new non-Imm B, as it gives you more time to work things out – but you must leave within the 7 days and come back after the 7 days (to the best of my knowledge). This is what I did when changing from my last job. I am not sure about coming back right before your visa expires and getting another 3 months on that visa - I have left the country on my non-Imm B close to the time it will expire, and the new stamp recieved (as I recall) has always been tied to the visa's expiration date. I would check that out before doing something like that. However, your new company must have its act together to get you all required documents before you leave. All Thai consulates will require the same information for a non-Imm B, so it does not matter where you go.

Why is your work permit not in your possession? That is very strange. It is your work permit and you need it for many routine transactions. Additionally, Thai law requires you have it with you at your work place. They actually came to my office once and checked that all westerners had their work permits.

Regardless of what you do, there are two things you should do:

1) When your current employer hands in your work permit, there will be a document or somthing put in the work permit (can't remember which) recording the transaction – make sure you get a copy of this, as your next employer will need it.

2) Watch out for tax implications. I know several people who got seriously screwed changing from one job to another as the new job finance staff were too daft to figure out that you have other income for the year from your previous job. Make sure you take an earnings statement to your new job showing your total income and taxes paid for the year – your current employer should give this to you.

^^ This guy knows his onions. This post tallies with my completely experience.Just get the new firm to double check that the documentation for the Non Imm B is correct, as it can be quite a pain if it's not.

[ChiangMaiThai]

A quick update. It turns out I have not yet secured a new job, but I will probably resign from my current position within a month.

My current Non-Im B expires April 25 08. (My work permit expires Oct 31 08. My work permit is kept at headquarters. There is much speculation amongst the employees here as to why the work permit is not in our possession. All I know is that HR only gives us a copy and won't release the real thing).

Some posters have stated that as the visa and work permit are two totally different things, if I leave the country before April 25, when I return, while my work permit will become invalid, I will revert back to my multiple entry non-im B and receive 3 additional months on a non-im B.

I just went to immigration and they told me a different story. They said that the non-im B is now irrelevant and that the only thing that matters is the work permit stamp. If I go to the border before April 25 and come back, it doesn't matter that my visa hasn't yet expired, I will receive only a 30 day stamp. Further, I will be fined for not notifying immigration that I resigned from my company.

Now I'm really confused. Is immigration giving me the wrong information?

Edited April 23, 2008 by ChiangMaiThai

[AFKAFSinLOS]

I've been through the procedure of finishing work with an employer in Thailand on a couple of occasions. (Last was a couple of years back). In each case I returned the blue work permit, and in each case I also got a stamp in my passport which permitted me to stay only 7 more days. I'm not saying there aren't alternative procedures but this was what I followed. I then went back to square one and start over with the new employer with visa from outside Thailand again...

Your work permit is quite clear in the Warning on the back page. Where an alien resigns he shall return the work permit within 7 days. Humans are bound by this too.

One tip: take a photocopy of your work permit (and other docs eg tax ID for that matter) before giving it (them) back. I had an issue a couple of years back when applying for a new work permit with a new employer. The problem was they couldn't find a record of the old work permit being cancelled, so didn't want to issue a new one, even though the old one was cancelled about 2 years earlier, so would obviously be out of date anyway if no record of a renewal/extension after 1 year. The reason turned out that one was done under the "one stop shop"; the other through the slower "normal method". Apparently different departments and storeage records, so they didn't cross check. May have changed now. But be on the safe side.

Sounds like you need a holiday anyway. So look on the bright side. Many things happen for a reason...

Edited April 23, 2008 by AFKAFSinLOS

[quiksilva]

Yes thats correct (as far as I understand it).

Your non Imm B is dependant on your work permit. If you lose your job, you lose your work permit, and then of course the non Imm B goes too (regardless of the date it says you expire, no work permit = no visa)

So if you came back in without a job , you would essentially be staying here as a tourist.

[Tomkagai]

No you can't avoid the trip to Singapore....if you are on an extension of stay...once your WP is cancelled, you have to start the the process again...No-imm B in Singapore and WP application...

Been through this 3 times in the last 6 years, no big deal, assume the company covers your expenses....so have a night out at the four floors....