Overstay?

[stepenwolf1958]

Is it possible, according to the Thai Immigration Law, to make an overstay, same time we are working and we are in procedure to get the new visa non B?

I was charged some 11 000 for an overstay, while i was working and waiting my new school complete all papers for new visa non B. Why i am charged for an overstay, while i was under the Contract and in procedure about new Visa non B?

Anybody familiar with Thai Law?

[ubonjoe]

As soon as your employment ends with one employer your work permit ends and thus your permit to stay also ends.

The only way to prevent this from happening is for your new employer to have all the paper work done before your previous job ends.

Thats why the overstay was charged. Your permit to stay ended during the transition to your new job.

[Crossy]

Did the responses in this thread http://www.thaivisa.com/forum/Shock-Bkk-Im...67#entry2281867 not clarify that you should have left the country as soon as your last job finished?

[stepenwolf1958]

Did the responses in this thread http://www.thaivisa.com/forum/Shock-Bkk-Im...67#entry2281867 not clarify that you should have left the country as soon as your last job finished?

Well, now you have to make it more clear what makes you say this "you should have left the country as soon as your last job finished?"

If you mean i should left, to take a tourist visa first, i would understand that. If you are speaking about that, there is one more problem about "Thai style". I had an idea to go to Laos, to get tourist visa first, then to make new apply for visa Non B. I asked my head of Dept, should i go and she said she asked someone and i have no need to go to Laos. I made mistake i believed her.

Probably she said that because she didn't want to waste any class or to look for some Thai teacher who would replace me.

Whatever she thought, obviously she gave me so bad advise.

Tomorrow i will ask her why she was waiting so long time to complete all papers.

[Lite Beer]

Did the responses in this thread http://www.thaivisa.com/forum/Shock-Bkk-Im...67#entry2281867 not clarify that you should have left the country as soon as your last job finished?

Well, now you have to make it more clear what makes you say this "you should have left the country as soon as your last job finished?"

If you mean i should left, to take a tourist visa first, i would understand that. If you are speaking about that, there is one more problem about "Thai style". I had an idea to go to Laos, to get tourist visa first, then to make new apply for visa Non B. I asked my head of Dept, should i go and she said she asked someone and i have no need to go to Laos. I made mistake i believed her.

Probably she said that because she didn't want to waste any class or to look for some Thai teacher who would replace me.

Whatever she thought, obviously she gave me so bad advise.

Tomorrow i will ask her why she was waiting so long time to complete all papers.

Stepenwolf. You have got to stop listening to these people and get down to Immigration and Labour depts. and talk to them yourself.

Yes. Born to be wild was a great rock song.

[drunken]

Hi! Can you plese help me out with this.. I got one year visa which is due to expire on 6th of Nov. in this next few days. i got workpermit too... but i worked for 6 months and after that i stayed just like that since I have one year visa... have I overstayed or .... please kindly advise urgently am afraid now...

Further my employer have stopped paying my tax after i stop working with them

..... what i would face noe...

[ubonjoe]

Hi! Can you plese help me out with this.. I got one year visa which is due to expire on 6th of Nov. in this next few days. i got workpermit too... but i worked for 6 months and after that i stayed just like that since I have one year visa... have I overstayed or .... please kindly advise urgently am afraid now...

Further my employer have stopped paying my tax after i stop working with them

..... what i would face noe...

According to the rules you are on an overstay which will be a fine of 20,000 baht which is the maximum.

The question is whether immigration was informed or not when your job ended.

I can't think any option other than to have the 20,000 baht with you when you leave and hope that it's not in immigrations computer system.

Have you made your 90 day reports since you stopped working? You would think that if it was in their system they would of noticed when you did your report.

Others may have different opinions or ideas so wait for them to post.

Good Luck

[stepenwolf1958]

Hi! Can you plese help me out with this.. I got one year visa which is due to expire on 6th of Nov. in this next few days. i got workpermit too... but i worked for 6 months and after that i stayed just like that since I have one year visa... have I overstayed or .... please kindly advise urgently am afraid now...

Further my employer have stopped paying my tax after i stop working with them

..... what i would face noe...

As i can see your problem, i think you are in overstay since the day you breach the Contract with your employer. I would like you say whet#n that happened? You worked for some six months, right? Even you had a visa Non B for one year, that will not help you much.

In a moment you stopped work, your Visa Non be was OFF (even dated on November). That's what i know for sure. The question is what will be penalty. I paid some 11 000K for 22 days. I saw they are going up to 20K and sometimes will be even stricter and penalty could be a jail, also.

My opinion is, as you have work permit, keep it with yourself. Don't give it back to employer. Maybe you should leave the country to Lao or somewhere else and to get a tourist visa now.

However, i think the best you can do, be silent, as still you are at work. As Non B will be OFF in November, few days before just leave the country to Laos, stay for awhile there, and there ask Thai Consulate for tourist visa. If someone ask you, i think you can say you was in Laos to see friends and would like to back to Thailand. I hope this will be some help and i hope other posters agree. My experience is: in a moment i gave back my work permit to previous employer- i was in overstay. If i didn't back my WP, nobody would ask anything.

The only problem is: they write in PASSPORT the place you work. Let us know what happened with you.

Regards...

[stepenwolf1958]

Did the responses in this thread http://www.thaivisa.com/forum/Shock-Bkk-Im...67#entry2281867 not clarify that you should have left the country as soon as your last job finished?

Well, now you have to make it more clear what makes you say this "you should have left the country as soon as your last job finished?"

If you mean i should left, to take a tourist visa first, i would understand that. If you are speaking about that, there is one more problem about "Thai style". I had an idea to go to Laos, to get tourist visa first, then to make new apply for visa Non B. I asked my head of Dept, should i go and she said she asked someone and i have no need to go to Laos. I made mistake i believed her.

Probably she said that because she didn't want to waste any class or to look for some Thai teacher who would replace me.

Whatever she thought, obviously she gave me so bad advise.

Tomorrow i will ask her why she was waiting so long time to complete all papers.

Stepenwolf. You have got to stop listening to these people and get down to Immigration and Labour depts. and talk to them yourself.

Yes. Born to be wild was a great rock song.

Well, you asked is it so easy to get teaching job here? Now you will understand. Here are so many troubles about procedures so maybe that is reason why to come to get a job in teaching is so easy. Because after that - problems will come.

However, your advise is logical. To go directly to them and to ask. But here, things have no any touch with logic, Lite Beer...Everything here is OUT OF LOGIC.

I mean we, as westerners, we have so different way of life and when we got some problem here, that's because of clash, differences between our cultures. Why i think so? Well,

1***i ASKED my Head of Dept should i go to Laos and she said i have no need,that she checked...I asked her...

I think as she is doing my papers, she will know about the Thai Law. Logical, right? Well, it was so wrong to think. After all happened i reminded her what she told me about to go to Laos for tourist visa while we are making my papers and i asked her 2 things.

a)WHO told her i have no need to go to Laos(which could spare me any trouble or costs). I asked what is position,job of that woman and what is her name, as i would like to say to her in face that she made me a trouble as she is incompetent)...My head of Department didn't want to say the name and workplace of that woman. Remember, Thias DON'T like be faced with their mistakes or to be ashamed in public as incompetent. I am just 2 years here but i know their mentality long time ago. This will be confirmed by many people here, who are longer here.

B)I asked her WHY she was need so long time to prepare my documents.(30 days)...

If she was faster, she had some 10 days between the first day in school by the contract, and date in my resign letter,i would NOT make an overstay... She didn't want to answer on any of two my questions. All she said was that she asked that woman but she was not sure that woman know the Law or not. Then why she asked some incompetent person, at all? YOU tell me why...

Believe or not, still i am looking for information about Thai immigration Law but about my case and THAIS can not give me any answer. Believe or not. The friend of mine in Chiang Mai was asked WHY she is helping to farang...After that, she didn't want to ask that man anything..By the way, man invited her to dinner to explain to her all in details...ALL Thais will tell you many bad words about acting of Government Officers here. THAIS, not foreigners. It is NOTORIOUS fact.

Regards...stay well LB

By the way, that song IS good,not WAS....

[Soutpeel]

since the day you breach the Contract with your employer.

My opinion is, as you have work permit, keep it with yourself. Don't give it back to employer.

My experience is: in a moment i gave back my work permit to previous employer- i was in overstay. If i didn't back my WP...

As has been pointed out on numerous occasions, your contract has absolutely nothing to do with your visa and WP, a contract does not give you the right to work in Thailand.

Also whether you give the work permit back or not doesnt matter, these days, the rule says you dont have to give it back, its based on notification from your employer on your last day of work to the labour department, so holding the working permit and not giving back means absolutely nothing as regards your permission to stay.

If you are on permission to stay based on employment, the day you finish work, you are suppose to leave the country or pay for a 7 day extension..if you dont you are on an over stay...

[Soutpeel]

Hi! Can you plese help me out with this.. I got one year visa which is due to expire on 6th of Nov. in this next few days. i got workpermit too... but i worked for 6 months and after that i stayed just like that since I have one year visa... have I overstayed or .... please kindly advise urgently am afraid now...

Further my employer have stopped paying my tax after i stop working with them

..... what i would face noe...

Drunken, please be careful who you are taking advice from on this thread, there is a person on here who doesnt know what he is taking about....

[stepenwolf1958]

since the day you breach the Contract with your employer.

My opinion is, as you have work permit, keep it with yourself. Don't give it back to employer.

My experience is: in a moment i gave back my work permit to previous employer- i was in overstay. If i didn't back my WP...

As has been pointed out on numerous occasions, your contract has absolutely nothing to do with your visa and WP, a contract does not give you the right to work in Thailand.

Also whether you give the work permit back or not doesnt matter, these days, the rule says you dont have to give it back, its based on notification from your employer on your last day of work to the labour department, so holding the working permit and not giving back means absolutely nothing as regards your permission to stay.

If you are on permission to stay based on employment, the day you finish work, you are suppose to leave the country or pay for a 7 day extension..if you dont you are on an over stay...

Well, I will not accept this as it looks like. One reason: I appreciate your words here, about my case even that was not some help. To be frankly, that was just trying to help me so; I will not understand these words as immature, insipid insolence.

Do a favour to me, will you? Be careful and don’t shift this your way of talk on personal level, please. That would not be good for you.

However, to ask you something, as you disguise yourself in some kind of an expert about Thai Law matters, what way you are getting your “knowledge”?

Is it by the Thai Law books?

Reading foreigner’s experiences here?

Is it your experience?

I am wondering. So many things you know about it.

All what you are saying here is so far from REALITY here. Obviously, you don’t know to separate reality from regulations by the books. Ask ANYBODY here, who is living more then one year, so you will see what I am talking about. Huge problem to all of us here makes something which is in mentality of these people here, in minds of authorities. I mean government officers.

That will confirm many Thais, also.

Long time ago, in thaivisa.com was kind of joke about it (I thought it is joke). Someone here says if you ask FIVE government officers about procedure and to interpret Thai Law, you will get SIX different interpretations. That is making so many problems. All of them will tell you they are horse mouth, any other is telling nonsense. That is what you should know. Still I am looking for some VALID information about procedure based on the Law, in my case. I am asking Thais, supposedly competent people about it but still I am looking for. My case is different then any other I saw here. I was IN procedure to get the new visa. That is so different then case of “drunken” here.

I will not mention that right now nothing goes smoothly about my WP. Another one trouble but I am waiting to see what they will do so I will post it here.

In short, they follow visa non B, not the contract. Surprised?

As I can see, for the contract of 8 months, I will need to open NEW 3 WP books. That is what the Head of WP Department says.

As you know, the Immigration Office gave me ONE month Non B stamp and said they need my WP to see so to extend my Non B visa.

I’ve got WP on ONE month; (as they following Visa stamp) even contract is 8 months so as I think WP should follow the contract, I feel this is wrong.

Later, I gave them newly opened WP but they gave me another 2 months stamp (?) but now WP Office want I open NEW WP book. (?)

What else to say?

When I go after 2 months again to Immi Office, they will extend my Visa on full time of CONTRACT. I will not get one year, for sure. This mean Immigration Office FOLLOW the Contract of school but if about an “overstay” they will IGNORE Contract with school. Don’t you see that as illogical?

I would really like that you didn't read about my situation as BTW case. That made you disabled to get the point in all of that. It is specific, makes me be so confused and i am trying to do all the best i can, just to get out of this jumble, asap....I am looking here for an answer, with my Thai friends also, with my farang friends here...also in this forum. You should not mind me.

Especially, you should not qualifying me in malicious way as you did. Please, ok? I am not conflict person but i can fight as well but i think no need for such a thing here. Agree?

Regards...

[stepenwolf1958]

Sorry, you said this"...Also whether you give the work permit back or not doesnt matter, these days, the rule says you dont have to give it back...". WHERE you get that? This is ABSOLUTELY out of reality. I would like you say WHO told you so? Who or what is your source for this?

We HAVE TO give WP back, and THAT is the Law. If we don't give it back, fine is 1 000 Bht.

Check your WP, if you work here, last page (31)...

You said to "drunken to don't listen to me as i don't know what am i talking about. Look who says...Do you know what are you talking about?

[Maestro]

Well, I will not accept this as it looks like. …

stepenwolf1958, your repetitive, long rants are getting tiresome. I see that you have been given all information that is germane to your situation as you have presented it and you come back with insults to members of this forum who have taken the time and trouble to post replies.

If you do not trust the information you have received here – and it appears very much that you do not – the best thing you can do is hire a lawyer and get the information you want from him.

Seeing no reason to continue this thread, I am now closing it. Please do not start new threads on this subject.

--

Maestro