Non B Takes Another Twist.

[Lithobid]

Hi there, again! I have a new turn in my old story. I currently have a NON B visa, and was working with a WP on this visa until may 2008. I was told by my company, that if I let my visa expire, then I can exit the country and come back on a tourist visa.

Problem: Now I'm studying at Payap in CM, and I want to get a EDU visa. But the man in human resources is telling me that I"m staying in Thailand illegaly with my visa, and I need to get my visa cancled. (I thought leaving the country did this but apparently not)

Now he's telling me that I need to get a letter issued by my company to (lie) and say I will stop work on 22nd of this month, and I will mail my passport to my company, they will take it to immigration and get my visa stamped cancled. Then they will send it back to me, and I can get an EDU visa issued at CM immigration.

Meanwhile, my friend who worked with me did the same thing, and after letting his visa expire he left the country and came back on a marriage visa.

Is an EDU visa special in some way?? I appreciate any help.

What should I do?

[digitalchromakey]

Hi there, again! I have a new turn in my old story. I currently have a NON B visa, and was working with a WP on this visa until may 2008. I was told by my company, that if I let my visa expire, then I can exit the country and come back on a tourist visa.

Problem: Now I'm studying at Payap in CM, and I want to get a EDU visa. But the man in human resources is telling me that I"m staying in Thailand illegaly with my visa, and I need to get my visa cancled. (I thought leaving the country did this but apparently not)

Now he's telling me that I need to get a letter issued by my company to (lie) and say I will stop work on 22nd of this month, and I will mail my passport to my company, they will take it to immigration and get my visa stamped cancled. Then they will send it back to me, and I can get an EDU visa issued at CM immigration.

Meanwhile, my friend who worked with me did the same thing, and after letting his visa expire he left the country and came back on a marriage visa.

Is an EDU visa special in some way?? I appreciate any help.

What should I do?

In your previous thread you indicated that you were on an Extension of Permission to Stay on the basis of business.

The day your work ended, your extension of stay expired; so if you have not yet left Thailand, then you are on an overstay.

If your passport is presented to immigration in CM for another extension, this time on the basis of study, then they could spot your overstay and you will be in trouble.

You need to sort this out; the guy in HR at the University has advised you correctly.

The only question is whether it is better to just leave Thailand, keeping your fingers crossed that no one spots your 'overstay'. Then while you are abroad, apply for a non-ed visa and return.

You can then try for an extension on the basis of study at a later date.

[Jimjim]

You're only officially on overstay if your company canceled your work permit. Sounds like they didn't and that's why they want to get it taken care of now. I don't know if they really need your passport to cancel your work permit. Don't mail it to them as it's not their property. If you must present your passport go with human resources in person to sort it out, and then get out of the country same day to go get your ED visa. Of course make sure you have all the needed documents to get your ED visa. Your school should know what to do with that and if they don't contact the embassy where you'll go to get it about requirements.

That's my understanding of what you have to do. I thought you could not transfer a visa extension in country. Others may know better but my point is from what you've said it doesn't appear you're officially on overstay. And when you left the country you must have left with a reentry permit or you wouldn't be stamped back in on your visa extension. You sound a bit confused, whatever the case is.

[lopburi3]

Believe he is on overstay from the time of his work ending regardless of work permit status.

[Maestro]

Hi there, again! I have a new turn in my old story. I currently have a NON B visa, and was working with a WP on this visa until may 2008. I was told by my company, that if I let my visa expire, then I can exit the country and come back on a tourist visa.

Problem: Now I'm studying at Payap in CM, and I want to get a EDU visa. But the man in human resources is telling me that I"m staying in Thailand illegaly with my visa, and I need to get my visa cancled. (I thought leaving the country did this but apparently not)

Now he's telling me that I need to get a letter issued by my company to (lie) and say I will stop work on 22nd of this month, and I will mail my passport to my company, they will take it to immigration and get my visa stamped cancled. Then they will send it back to me, and I can get an EDU visa issued at CM immigration...

In your previous thread you indicated that you were on an Extension of Permission to Stay on the basis of business...

Lithobid , if you are on an extension of stay for employment, not on a 90-permission to stay after entering with a non-immigrant visa, please see this post in another topic:

http://www.thaivisa.com/forum/findpost-p2157412.html

--

Maestro

[digitalchromakey]

You're only officially on overstay if your company canceled your work permit. Sounds like they didn't and that's why they want to get it taken care of now. I don't know if they really need your passport to cancel your work permit. Don't mail it to them as it's not their property. If you must present your passport go with human resources in person to sort it out, and then get out of the country same day to go get your ED visa. Of course make sure you have all the needed documents to get your ED visa. Your school should know what to do with that and if they don't contact the embassy where you'll go to get it about requirements.

That's my understanding of what you have to do. I thought you could not transfer a visa extension in country. Others may know better but my point is from what you've said it doesn't appear you're officially on overstay. And when you left the country you must have left with a reentry permit or you wouldn't be stamped back in on your visa extension. You sound a bit confused, whatever the case is.

See this previous thread - company did cancel Work Permit in May see the original post here Work Pemrit was cancelled in May

Unfortunately - he's on an overstay

[sniffdog]

And for a pretty long time too! I share Lopburi's opinion .... When I left the company I used to work for, I cancelled my work permit and had to leave within 7 days. This wasn't done as the company director was abroad. Finally after 2 months he signed the paper. Was on overstay for over 2 months. Later it appeared that, against the advice of my visa lawyer, I could have canceled the WP without cooperation of my employer.

The 11,000 baht were paid by both the employer (for failing to provide a signature) and the visa lawyer (for giving wrong advice). I footed the 1,000 baht police fine myself.