After Work Permit Cancelled.. How Long?

[kiwijack]

Could someone please clarify how long one can stay in Thailand AFTER the work permit is cancelled by employer?

I have been recently told that it is 24 hours rather than the 7 days I thought which sounds severe.

I would appreciate advice as to the facts.. thank u.

[Tywais]

It is now 24 hours but you can get a 7 day extension at immigration. It is no longer automatic.

[Mario2008]

Only when you are on an extension of stay, ask for at immigration does the cancellation of your WP means you have to leave the country. As said, you can apply for an extension of 7 days at immigration for 1,900 baht. If you are on your initial 90 days, or have a valid multiple entry visa, your permission to stay remains valid.

More info:

http://www.dejudomlaw.com/index.php?option...09&Itemid=9

[monty]

It is now 24 hours but you can get a 7 day extension at immigration. It is no longer automatic.

Not exactly 24 hours!

Your permission to stay ends the same day your WP is canceled, so you have to leave on that same day before midnight, or go directly to an immigration office to apply for a 7 day extension at a 1,900 Baht cost.

[toptuan]

It is now 24 hours but you can get a 7 day extension at immigration. It is no longer automatic.

Not exactly 24 hours!

Your permission to stay ends the same day your WP is canceled, so you have to leave on that same day before midnight, or go directly to an immigration office to apply for a 7 day extension at a 1,900 Baht cost.

Wow! So your employer jerks your work permit at 2pm, and you have a couple hours to make it to the nearest immigration office before they close (which is 3-4 hours away for some folks upcountry). Pretty draconian regulations!

In the case of a sudden termination, and needing some more time (to tie up loose ends, or find other employment) couldn't you do a border run, and come back in on a 30-day tourist visa?

[PeaceBlondie]

It is now 24 hours but you can get a 7 day extension at immigration. It is no longer automatic.

Not exactly 24 hours!

Your permission to stay ends the same day your WP is canceled, so you have to leave on that same day before midnight, or go directly to an immigration office to apply for a 7 day extension at a 1,900 Baht cost.

Wow! So your employer jerks your work permit at 2pm, and you have a couple hours to make it to the nearest immigration office before they close (which is 3-4 hours away for some folks upcountry). Pretty draconian regulations!

In the case of a sudden termination, and needing some more time (to tie up loose ends, or find other employment) couldn't you do a border run, and come back in on a 30-day tourist visa?

Yes, toptuan, I agree that is draconian. The ex-worker whose extension is canceled, is forced to do a border run or go to the nearest consulate. Quite a rude awakening, going from an extended B or O with a proper WP, all legal, to being a tourist.

[ubonjoe]

Quite a rude awakening, going from an extended B or O with a proper WP, all legal, to being a tourist.

I believe a clarification concerning an O visa is needed.

If the O is based upon marrigae to a Thai then it would not be cancelled.

Also if it is based upon retirement (rare but possible).

[Mario2008]

Wow! So your employer jerks your work permit at 2pm, and you have a couple hours to make it to the nearest immigration office before they close (which is 3-4 hours away for some folks upcountry). Pretty draconian regulations!

In the case of a sudden termination, and needing some more time (to tie up loose ends, or find other employment) couldn't you do a border run, and come back in on a 30-day tourist visa?

Yes, and it happens. Same goes for when you are on an extension based on marriage to a Thai national or as a dependend. The moment your marriage ends, you have to leave the country.

Can you do a border run instead of reporting to immigration? Yes, that would cancel your permission to stay, unless you have a (mulitple)-re-entry permit. Than you would have to cancel your re-entry permit. Don't know if they can do that at the border.

[PeaceBlondie]

Quite a rude awakening, going from an extended B or O with a proper WP, all legal, to being a tourist.

I believe a clarification concerning an O visa is needed.

If the O is based upon marrigae to a Thai then it would not be cancelled.

Also if it is based upon retirement (rare but possible).

Thanks, udonjoe. I just meant to say that if you do go from being totally legal to being just a tourist, that would be a big shock. I had a chance to go to a work permit this year, but I do not wish to give up my retirement visa, or take a chance I would have to do a sudden visa run. Have we had a clear case of somebody working on a retirement visa and having the work permit cancelled? I was not even sure if they were going to let me keep the retired status.

[kiwijack]

Many thanks for the information & now have a clear idea.. either a 7 day xtension for 1900 baht or a border run for say 2000baht & a day out of my life.

Thanks again.

[Mario2008]

.... I had a chance to go to a work permit this year, but I do not wish to give up my retirement visa, or take a chance I would have to do a sudden visa run. Have we had a clear case of somebody working on a retirement visa and having the work permit cancelled? I was not even sure if they were going to let me keep the retired status.

You can work nowadays on an extension of stay based on retirement, although not every labour office will allow it.

Don't know of any actual case, but when your extension of stay is based on something other than (volunteer)work your extension of stay remains valid if you lose your job. Only when the extension of stay is based on (volunteer)work you have to leave the country the same day.

If you are on an extension of stay because you are marreid to a Thai national, losing your work doesn't have any effect on you being married to a Thai. On the other hand when the marriage ends and you have a job, you would still have to leave the country as you stayed on the reason of being married to a Thai national. You could however in that case apply for an extension of stay based on your employment.

If you wanted the job and needed to change the reason of stay to working you could have done that. When the job would have been terminated you then could turn back to an extension of stay based on retirement. Of course you would have lost any things that would have been "grandfathered" and the rules for retirement could have become stricter in the mean time.

[TerryLH]

"Same goes for when you are on an extension based on marriage to a Thai national or as a dependend. The moment your marriage ends, you have to leave the country."

I'd never heard that before. Can you tell me where it is in the law?

Thanks.

[Mario2008]

Can't tell you the rule where it stated as such, but neither can I for in the case you lose your job. It is probably an unpublished internal guideline.

The rule is however well established. You get an extension for a reason, marriage, work etc. When that reason no longer exist your permission to stay becomes invalid. Recently there was a report of someone Thai wife passing away, resulting in the husband losing his permission to stay. (In this case they didn't tell him to leave the country the same day but allowed for some more time).

[phaethon]

Just curious - If you are on an visa extension and leave the country, do immigration (outgoing) need to see your WP as well? Otherwise they would not know your extension was no-longer valid. And presumably they'd need to see it on re-entry. Or do they check it on computer now?

So you would have to carry your WP with you whenever you leave LOS, even for a day-trip?

[Mario2008]

You do not need to carry your WP when crossing the border.

Immigration needs to be informed by your employer that you are no longer employed. Would immigration find out if your employer doesn't notify immigration or you don't go to immigration? probably not. But when you find a new employer they will start asking about your old employer.....

[Maestro]

There was a recent post where somebody went to the labour department to return his work permit (although no longer required now) and from there proceeded straight to the immigration office, which, by the time he arrived there, had already received a fax from the labour department about the returned work permit.

The requirement today is for the employer to inform the labour department and for the employee to report personally to the immigration office on the last day of his employment with a letter from the employer confirming the termination of employment.

--

Maestro

[fozzy58uk]

There was a recent post where somebody went to the labour department to return his work permit (although no longer required now) and from there proceeded straight to the immigration office, which, by the time he arrived there, had already received a fax from the labour department about the returned work permit.

The requirement today is for the employer to inform the labour department and for the employee to report personally to the immigration office on the last day of his employment with a letter from the employer confirming the termination of employment.

--

Maestro

I left my job at the end of my contract and went to immo to get the 7 day ext. they would not give me this without said letter even though I had docs showing my contract was finished. I begged and pleaded but I had to go back to school to get it or leave immediately. Fortunately I left my school amicably and they sorted the letter quickly and all was well on my return to immo that afternoon.