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Posted

Hi.

Hope you can help me. I hold a work permit from my old job which is down in the south. I finished my job there a few months ago, but because i was on good terms with them, they didn't cancel my work permit, and therefore i still have my non imm B visa open too.

I am now in Bangkok and started a new job, which requires me to have a work permit with them. (They know about my situation- and have allowed me to start work already, in fact i have already signed a contract with them ) My visa expires next month.

I am aware that my old employer needs to cancel my work permit. But my question is- can i do this myself or do they need to do it. Also, do i have to be present for this (as it would require me to take time off work and travel back down south) Maybe i can cancel my own work permit in the Bangkok Ministry Labour office?

Once this has been cancelled (and i have my receipt) can i then process my new work permit and visa within the 7 days from inside Bangkok? Or will have have to leave the country?

Thankyou for any help, and i will clarify my question again if it's not clear.

Posted

You yourself have to cancel your work permit at labor. You are responsible for your WP. This is all stated on the last page of your WP!

By law you have to do so within 7 days (I think, it is stated as well on the last inside page of your WP if you want to be sure).

So I assume you have kept on paying taxes and social security all the time you didn't work, if not you might end up with a big overstay fine since your extension of stay is canceled 7 days after you (should) surrender your work permit (which should have been done within 7 days of actually stopping work).

As far as I know you can only cancel at the issuing office.

If you cancel your WP, and you still have 7 days or more remaining on your extension of stay, you are allowed to remain in Thailand 7 days, but you'll have to go to immigration and pay 1900 Baht for this privilege. Bring along the TT10 form (proof of cancellation given by labor department)!

If you apply for your new extension of stay based on your new WP, this will have to be done within the first two days of your 7 day allowance! At least this is what Jomtien (Pattaya) immigration required 1 week ago. Reason given was that they need to send all the paperwork to BKK for verification, so it is possible that if you apply at Suan Plu, that this can be done anytime during the 7 days.

One member here was not aware of this first two days thing (nor was he told when paying his 1900 Baht), he went on the 7th day, got refused, and advised that he better be outside of Thailand before midnight or he would be on overstay!

Posted
- and have allowed me to start work already

Be aware that you can not work in a place that not stated in your work permit.

Posted
As far as I know you can only cancel at the issuing office.

that is correct...only there!

If you cancel your WP, and you still have 7 days or more remaining on your extension of stay, you are allowed to remain in Thailand 7 days, but you'll have to go to immigration and pay 1900 Baht for this privilege. Bring along the TT10 form (proof of cancellation given by labor department)!

Labour does not issue the TT10 anymore, everything is done electronically. Instead, they ask from you a letter from your old employer stating that you resigned effectively on the day you return your WP! Make sure that your income tax is paid for until that day as well. If you do not have such paper, you can write your own. At least I was allowed to do so.

If you apply for your new extension of stay based on your new WP, this will have to be done within the first two days of your 7 day allowance! At least this is what Jomtien (Pattaya) immigration required 1 week ago. Reason given was that they need to send all the paperwork to BKK for verification, so it is possible that if you apply at Suan Plu, that this can be done anytime during the 7 days.

I just went through a similar process last week...real horror story! Moreover, the 7 day extension must be apllied for where you live now. So if you had your old WP in the South, you have to cancel the visa there and then apply on the same day in Bangkok. Remember the Kinks song "I wish I could fly like Superman"?

Posted

oh my goodness, how is it possible to do all that in one day!!

So if i can't do that, then what? pay a fine?

No i haven't been paying tax at all. Uh oh.

Is it not possible for my old school to go to the office and cancel it on my behalf and then fax the letter to me?

For instance, what if i had been a terrible employee and had run away- in that case i would not have been able to attend the office in person?

Thanks for your help guys.

Posted

Me too, I was not able to do both in one day. So I had to pay 500 baht fine for a day overstay, nothing really terrible, but an ugly stamp more in the passport.

As for the taxes, you can pay them at the local tax office by yourself. So far they did not ask me yet, but I see this coming as this is somehow the proof that you got paid while you were "employed".

  • 2 weeks later...
Posted

I've never had to cancel my work permit. It's always been done for me by my employer and it's always worked out ok.

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