Work Cancell My Visa

[jasonsamui]

Hi,

I have just recieved another 3 month Non immigrant B Visa and workpermit from my company. Recenetly, some issues have come up at work and I am now looking at leaving the company ASAP, but have been told by some staff members that they can cancell my visa.

Can anyone let me know what the situation is? I just got back from Penang and am leaving my job in the next few days. If this is true, can i get my 3 month Non B transfered into 3 month tourist visa? As i need to be in Thailand untill August...

Any help would be veyr helpful!

Thanks in advance.

[2008bangkok]

Dont quote me on this but i dont think they can cancel a NON-Bvisa issued from Penang as you got the visa allbeit as your were working for the company unless it is stamped on the Visa that you work fo the company...they can cancel and extension of stay as that is based soley on you working for that company and written in your passport..lets put it this way when i first started working for my company i got a 3 month NON B from Laos and although i got it from providing papers from the company they would not have been able to cancel it... yeah. the mpore i think about it the more i think no way can they..good luck i know what its like to work for a *************

[Mario2008]

If you lose your job you will have to leave the country within 7 days. You should have a stamp stating that in your passport. So try to find a new job fast. Regarding transfer to another visa I don't know, but assume a no.

[PhilHarries]

Visa cancellation. Your WP is tied to your job and if you change your job for any reason the WP gets cancelled and with it the non imm B visa. Usually you get seven days to leave the country so you have time to make arrangements.

As for transferring the non B to a tourist within the country, sorry but I have no experience first hand or otherwise but I'd guess that is not possible. If you are aiming to stay until August you could either get a tourist visa at Penang, KL or any of theother embassies or just do two or three x 90 day visa exempt runs.

[monty]

Nope, they cannot cancel your visa! You are good to stay until your 90 days run out.

If you would be on an extension of stay based on your employment (enter with non immigrant B, get 90 days at entry, and then extend to 1 year based on your WP), this extension would get canceled the moment your work permit is handed in.

[2008bangkok]

Nope, they cannot cancel your visa! You are good to stay until your 90 days run out.

If you would be on an extension of stay based on your employment (enter with non immigrant B, get 90 days at entry, and then extend to 1 year based on your WP), this extension would get canceled the moment your work permit is handed in.

Thats what i was tryin to say..but you say it so much better!!! Yep ill second that!

[monty]

Visa cancellation. Your WP is tied to your job and if you change your job for any reason the WP gets cancelled and with it the non imm B visa. Usually you get seven days to leave the country so you have time to make arrangements.

As for transferring the non B to a tourist within the country, sorry but I have no experience first hand or otherwise but I'd guess that is not possible. If you are aiming to stay until August you could either get a tourist visa at Penang, KL or any of theother embassies or just do two or three x 90 day visa exempt runs.

NOT TRUE!!!

Only an extension of stay given by immigration within Thailand can be canceled. Additionally, you do not get the 7 days automatically anymore, your permission to stay ends the same day you turn in your work permit. You can however apply for 7 days extension, for which I believe you have to pay the 1900 Baht extension fee!

The OP is NOT on a extension of stay, he only has his 90 days received when entering the country, and these 90 days are in no way connected to having a work permit, even when the embassy issued the visa based on holding a work permit!

[Mario2008]

If you have enough money to live on you could do volunteerwork and apply for a non-immigrant for that purpose. Volunteerwork is also considered work and you will need a work permit for that, but there is no income check.

[jingjingna]

If you leave your job, finish your contract or they fire you, you have seven days to leave the country no matter what your visa states in your passport. Trust me, I learnt the hard way and had to pay an overstay fine thanks to a dodgy 'lawyer' who inisisted that I did not have to leave. She was wrong and I ended up paying an overstay fine of 26,000 Baht.

[lopburi3]

You do not have to leave if on a visa 90 day entry. Only when on an extension of stay do you have to leave.

[jasonsamui]

Hi Everyone,

sorry about the late reply.

Thank you for all your comments. It has been much appreciated, although i am still a little unsure. A lot of mixed oppinions here.

There is nothing on my 90 day visa that says anything about my job so i trust that my 90 day visa is going to be still valid even when they cancell my work permitt? We left on bad terms which doesnt really help the situation.

[jasonsamui]

Is there such a thing as blacklisting Visa's? can your past employer do this? Is there anyway to find out whether your visa is still valid before leaving the country and getting stung with a huge overstay fee?

Thanks Everyone

[Tywais]

Thank you for all your comments. It has been much appreciated, although i am still a little unsure. A lot of mixed oppinions here.

Both lopburi3 and Monty are very knowledgeable in this area and I would trust their information. It is also my understanding regarding the 90 day Visa remaining valid.

Blacklisting Visas by an employer? Not unless you did something illegal and the employer reports it.

[jasonsamui]

Thanks for the update....and no, i did not do anything illegal..

Much appreciated

[Sunbelt Asia]

Hi Everyone,

sorry about the late reply.

Thank you for all your comments. It has been much appreciated, although i am still a little unsure. A lot of mixed oppinions here.

There is nothing on my 90 day visa that says anything about my job so i trust that my 90 day visa is going to be still valid even when they cancell my work permitt? We left on bad terms which doesnt really help the situation.

You have never gotten a extension of stay permit at Immigration so your visa and work permit are not tied together. The visa will still be valid for 90 days even if you are fired.

www.sunbeltasiagroup.com

[PhilHarries]

Visa cancellation. Your WP is tied to your job and if you change your job for any reason the WP gets cancelled and with it the non imm B visa. Usually you get seven days to leave the country so you have time to make arrangements.

As for transferring the non B to a tourist within the country, sorry but I have no experience first hand or otherwise but I'd guess that is not possible. If you are aiming to stay until August you could either get a tourist visa at Penang, KL or any of theother embassies or just do two or three x 90 day visa exempt runs.

NOT TRUE!!!

Only an extension of stay given by immigration within Thailand can be canceled. Additionally, you do not get the 7 days automatically anymore, your permission to stay ends the same day you turn in your work permit. You can however apply for 7 days extension, for which I believe you have to pay the 1900 Baht extension fee!

The OP is NOT on a extension of stay, he only has his 90 days received when entering the country, and these 90 days are in no way connected to having a work permit, even when the embassy issued the visa based on holding a work permit!

I stand corrected. Thank you.

[hill16]

Hi guys,

Allow me to complicate things a little. What happens if you entered Thailand in June 2007 on your first Non-Imm Multiple Entry 'O' visa based on marriage to a Thai which effectively gives you 15 months here and then you get a work permit in March of 2008 which also requires you to get an "application of stay" from Immigration (which I presume is the same as an extension of stay) permitting you to stay until the end of February 2009? If you leave your job, are fired or the company closes do you have to leave the country or do you have a safety net allowing you to stay until the end of February 2009 because your visa was originally based on marriage (and you are still married) not work?

Any advice would be appreciated. This is a hypotethical situation but one never knows what's around the corner.

Kind regards,

Hill16

[lopburi3]

No. You must leave as any extension of stay for employment. Only if you extend your stay using the 40k income marriage option would you be exempt.

[torrenova]

If you leave your job, finish your contract or they fire you, you have seven days to leave the country no matter what your visa states in your passport. Trust me, I learnt the hard way and had to pay an overstay fine thanks to a dodgy 'lawyer' who inisisted that I did not have to leave. She was wrong and I ended up paying an overstay fine of 26,000 Baht.

I'd also agree with the visa being valid but any extension (were there one) being cancelled with your WP.

As for the overstay quoted above, I was of the understanding that even when the daily overstay was Bt200, the maximum payable was Bt20,000 which remains in force today as far as I am aware.

[hill16]

No. You must leave as any extension of stay for employment. Only if you extend your stay using the 40k income marriage option would you be exempt.

Thanks Lopburi3. On the ball as usual. Thankfully, this situation has not presented itself (fingers crossed it won't) but forewarned is forearmed. May I ask then if monthly salary for one year complies with the 40k income marriage option, at next yearly renewal/extension date in February 2009, provided everything remains the same, can I choose which type of extension I want ie extension based on work permit which, as outlined above, could be precarious or extension based on marriage which would appear to be much more secure?

Kind regards,

Hill16

[lopburi3]

Believe yearly salary is allowed for proof of meeting the 40k monthly requirement.

[hill16]

Believe yearly salary is allowed for proof of meeting the 40k monthly requirement.

Yes, I'm sure you're right lopburi3, but can I choose between the two extension options or if monthly salary is 40k do I automatically get the extension based on marriage which is obviously the more secure option?

[digitalchromakey]

You can choose which method you use to try for a visa extension.

Believe yearly salary is allowed for proof of meeting the 40k monthly requirement.

Yes, I'm sure you're right lopburi3, but can I choose between the two extension options or if monthly salary is 40k do I automatically get the extension based on marriage which is obviously the more secure option?

But if you are showing 40,000 baht per month for an extension based on your marriage (rather than 400,000 in a Thai bank for 3 months) then immigration will want to see your work permit and tax returns any way.

Edited June 7, 2008 by digitalchromakey

[Maestro]

...can I choose between the two extension options or if monthly salary is 40k do I automatically get the extension based on marriage which is obviously the more secure option?

I have seen other members post that they have an extension based on marriage and a work permit. On the application form for the extension of stay you have to state the reason for your application, so in your case you would write something like “to live with my Thai wife”

--

Maestro

[hill16]

You can choose which method you use to try for a visa extension.

Believe yearly salary is allowed for proof of meeting the 40k monthly requirement.

Yes, I'm sure you're right lopburi3, but can I choose between the two extension options or if monthly salary is 40k do I automatically get the extension based on marriage which is obviously the more secure option?

But if you are showing 40,000 baht per month for an extension based on your marriage (rather than 400,000 in a Thai bank for 3 months) then immigration will want to see your work permit and tax returns any way.

Perhaps I am confusing myself but I thought that you had to prove 40k income each month for the year up to the time when you are applying for the extension? What if you cannot guarantee future income ie 40k for each month after you get the extension?

[Maestro]

The rules talk about average monthly income for the past 12 months. Once you have your annual extension you are good to stay for that period. If after getting your extension income falls below the required average of 40k per month you will have a problem with your next application for extension of stay.

--

Maestro

[hill16]

Thanks Maestro and everybody. That has more than satisfactorily answered my query.

Kind regards,

Hill16

[Mario2008]

Remember that the 40,000 a month is a family income. So you can add your wife's income, if any, too.

[Nick100]

I too thought that as my non immig B would remain valid after leaving but it is not the case...I was made redundant earlier this year and the company promptly cancelled my work permit (they have to legally and can get into severe trouble if they don't)

As my work permit was directly linked to my non-imm B, this too was also cancelled immediately and I had 5 days to leave with an option to extend by 7 days.

I simply went up to Lao and got a 60 day double entry tourist visa and spent the time looking for work (which I now have again)

The double entry gives you 120 days (have to make a run on the 59th day)

Good luck on finding work!

[bKkRk]

...can I choose between the two extension options or if monthly salary is 40k do I automatically get the extension based on marriage which is obviously the more secure option?

I have seen other members post that they have an extension based on marriage and a work permit. On the application form for the extension of stay you have to state the reason for your application, so in your case you would write something like "to live with my Thai wife"

--

Maestro

So in such a case, you would need to initiate the paperwork and make a run for the boarder to return on a tourist visa while waiting for your extension? Sorry if I am misunderstanding, but I could see myself in this situation though hopefully not.