Cancel Work Permit

[shedend]

I am about to give my notice to my employer that I will be resigning from the company. I am a UK citizen and my visa is currently a Non-Imm O based on marriage. I know my employer will cancel my WP from the business side and I have to personally cancel my side. The WP was issued in Bkk and I am currently living/working in Phuket.

1. Can I cancel my WP at the Phuket Labour Office or do I have to cancel it in Bkk where it was issued?

2. Once cancelled do I have 7 x days to leave the country or do I have to apply for an extension and pay 1,900 THB?

Any advise would be greatly appreciated.

I will be relocating to another country within the Asia Pacific region so I will not need to apply for any type of visa to stay in Thailnad.

Cheers.

[ubonjoe]

Since you are on a marriage extension you don't have to do anything. If you were on work extension you would have to leave.

Your employer will notify the labor deparment. You do not have to turn in your work pemit anymore that changed earlier this year.

[shedend]

Since you are on a marriage extension you don't have to do anything. If you were on work extension you would have to leave.

Your employer will notify the labor deparment. You do not have to turn in your work pemit anymore that changed earlier this year.

Thanks for that. I did not know about not having to turn in my WP anymore. Where and when was this new policy issued please?

[ubonjoe]

WORK PERMIT CANCELLATION

Effective this month the Employment Department no longer requires companies to report the last official working day of expatriate employees and the expatriate employee is not required to return his/her work permit booklet to the Employment Department. The booklet can simply be keep by the expatriate for his/her records. However, the Immigration Department still requires cancellation of the employee's non-immigrant work visa and the visas for any dependant family members.

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

[shedend]

WORK PERMIT CANCELLATION

Effective this month the Employment Department no longer requires companies to report the last official working day of expatriate employees and the expatriate employee is not required to return his/her work permit booklet to the Employment Department. The booklet can simply be keep by the expatriate for his/her records. However, the Immigration Department still requires cancellation of the employee's non-immigrant work visa and the visas for any dependant family members.

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

Thanks for the information "Ubonjoe" appreciated.

[shedend]

My HR has just tried to tell me I have to leave the country on my last working day and that I have to turn in my work permit book before I leave.

I have tried to tell the HR Director but he is sure I have to do this even though I explained the current rules which as far as I know are:

In summary:

Company must issue me a letter with the exact termination date.

I must report to immigration on the termination date (I.e. Last working day). In the case the last working day is a holiday or weekend the employee will make the cancellation on the last government working day before the holiday or weekend.

Expat is not required to return his/her WP to the Labour Dept.

Expat can apply for a visa extension of 7 x days.

If anyone can confirm if this is correct please do so or otherwise let me know if there have been amy changes as my last working day is 30 Jan 09.

Many thanks.

[ubonjoe]

When you got your extension of stay was paperwork from the company given for a work based extension?

Or did you show them marriage certificate and etc. for the extension.?

If marriage you don't even have to report to immigration.

If work gather together proof of you tax payments to prove income and all the documents for a marriage extension and change your extension to marriage.

Or get the the 7 day extension. You do not have to leave on the date your job ends.

Company does have to give you the letter and they have to notify the labor deptparment you are no longer working.

[shedend]

When you got your extension of stay was paperwork from the company given for a work based extension?

Or did you show them marriage certificate and etc. for the extension.?

If marriage you don't even have to report to immigration.

If work gather together proof of you tax payments to prove income and all the document for a marriage extension and change your extension to marriage.

Or get the the 7 day extension. You do not have to leave on the date your job ends.

Company does have to give you the letter and they have to notify the labor deptparment you are no longer working.

Thanks again Udonjoe. I will be relocating to another country to take up new employment so will just obtain a 7 x day extension. It just annoyed me that the HR Director who is a Thai national representing our HR Dept does not even know the rules and we have many expats employed here..........TIT

[ubonjoe]

The rules change and they don't keep their knowledge current. That happens even with farangs.

Or they never were given the correct information.

[shedend]

The rules change and they don't keep their knowledge current. That happens even with farangs.

Or they never were given the correct information.

This is the answer my HR gave me today with regards to WP/Visa cancellation.

1. Work Permit Book has been issued to you, you may keep it for record. But, Co. wishes you to return it for future reference.

2. Employment Visa Cancellation, Co. will provide all relevant documents to you to cancel visa on 30 Jan 09 with our authorized staff. After visa cancellation, our staff will make photo copies of all concerned pages for reference. Then, you may apply for visa extension by yourself at your own expenses.

I will keep my WP for my future reference and why do they want to copy my visa cancellation?

My WP was issued from the ones stop service in Bangkok with registered work places in Bangkok and Phuket. Do I have to cancel my visa at Bangkok Immigration or can I do it here in Phuket?

Cheers guys.

[Maestro]

It is not your visa but your extension of stay that will be cancelled. You can get that done at your local immigration office.

I believe your employer’s legal obligations are limited to informing the employment department about the termination of your employment, but there is no harm in your giving him a copy of the passport page with the information about the cancellation of your extension of stay, as a matter of courtesy.

Under current rules you don't have to return your work permit book and can keep it as a souvenir, if you wish. If your employer is unhappy about this he can call the employment department for confirmation of this fact.

--

Maestro

[shedend]

It is not your visa but your extension of stay that will be cancelled. You can get that done at your local immigration office.

I believe your employer’s legal obligations are limited to informing the employment department about the termination of your employment, but there is no harm in your giving him a copy of the passport page with the information about the cancellation of your extension of stay, as a matter of courtesy.

Under current rules you don't have to return your work permit book and can keep it as a souvenir, if you wish. If your employer is unhappy about this he can call the employment department for confirmation of this fact.

--

Maestro

Thanks Maestro. I called the Immigration office at Phuket today and they confirmed I can cancel my extension of stay there and then they will give me a 7 day extension of stay. Good advise about passing copies to my HR.

Cheers

[shedend]

It is not your visa but your extension of stay that will be cancelled. You can get that done at your local immigration office.

I believe your employer’s legal obligations are limited to informing the employment department about the termination of your employment, but there is no harm in your giving him a copy of the passport page with the information about the cancellation of your extension of stay, as a matter of courtesy.

Under current rules you don't have to return your work permit book and can keep it as a souvenir, if you wish. If your employer is unhappy about this he can call the employment department for confirmation of this fact.

--

Maestro

Thanks Maestro. I called the Immigration office at Phuket today and they confirmed I can cancel my extension of stay there and then they will give me a 7 day extension of stay. Good advise about passing copies to my HR.

Cheers

I actually went to the Immigration Office here in Phuket yesterday and as I was there I asked them face to face about the canx of extension of stay and wp. The extention of stay was as per everyones replies on this forum but the Imm Officer informed me I have to send my WP back to the Labour Dept in Bangkok??? Maybe they do not know the rules or is he correct?

My last day in the office will be 30 Jan so I want to do it all legally as my wife is Thai and I will return back to Thailand in the near future and do not want any issues with the Labour Dept.

Cheers

[Mario2008]

No need to return the WP anymore. All your employer now has to do is inform the labour office your WP is cancelled.

See the 2 articles here:

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

[shedend]

No need to return the WP anymore. All your employer now has to do is inform the labour office your WP is cancelled.

See the 2 articles here:

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

Thanks Mario2008.

[annabkk]

Thanks for all the information here.

Can I ask one more related question?

I will be leaving my job next month and plan to leave the country.

If I leave Thailand exactly on the date my job terminates, can I get my extension of stay cancelled at immigration at Suvarnabhumi? Or would I have to go to the immigration department in town first?

Either way, what documents are required, apart from a letter from the employer stating the termination date?

Thanks for your help.

Edited February 2, 2009 by annabkk

[ubonjoe]

Thanks for all the information here.

Can I ask one more related question?

I will be leaving my job next month and plan to leave the country.

If I leave Thailand exactly on the date my job terminates, can I get my extension of stay cancelled at immigration at Suvarnabhumi? Or would I have to go to the immigration department in town first?

Either way, what documents are required, apart from a letter from the employer stating the termination date?

Thanks for your help.

Just leaving the country is enough. As soon as you leave your extension is gone. No paperwork needed.

[Lite Beer]

Yep. Your extension expires the minute you pass through Immigration and get stamped out of the country.

[annabkk]

Great - thanks very much!

Does the same thing apply if you leave the country before the date your contract ends? For example, if you were to take two weeks annual leave at the very end of the contract (and not come back)?!

Then, the date on the extension of stay would be two weeks after the departure date. Does this matter or would it just 'expire' while I was away?

[Lite Beer]

Any Extension of Stay expires when you leave the country unless you have a Re Entry Permit.

[annabkk]

Ahh! I have a multiple entry visa... which will expire two weeks after my planned date of departure.

[Mario2008]

A (multiple) visa remains valid when you lose your job. Only an extension of stay becomes invalid the day you quit your job.

[ubonjoe]

It doesn't matter.

If you had used it for your last entry instead of getting an extension you would not have to leave until your permit to stay ended. In fact if you wanted to you could leave and return before the use by date of the visa and get another 90 day permit to stay.

[annabkk]

Okay...I think I get it. Thank you!

Seems like I can just go off on my annual leave and not come back, taking my WP with me. Meanwhile it is up to my employer to phone the labor department when my contract ends two weeks later.

If I come back for a holiday or something say in 6 months, everything will have expired and I can just get a normal visa-on-arrival.

Is that correct?

[ubonjoe]

It is your employers resonsiblity to notify the labour department when your job ends.

Yes you can come back and enter the country without any problem.

[HKTMAN]

It is your employers resonsiblity to notify the labour department when your job ends.

Yes you can come back and enter the country without any problem.

My case is different with the other. My employer wants to cancel my employment from his current company and wants to employ me at his another company in different province. If I cancel my present job for transfer to his other company then what will happen to my Non B visa which I'm holding right now.

BTW, the other company also under his name as I'm working right now. Your advise may useful for me. Thanks

[Mario2008]

Make sure the new company has all paperwork in order to apply for the work permit. Maybe the will alllow applying for it before you start at the new job.

When you leave your job return the work permit to the labour office and go to immirgation with a letter from your employer, to have your permission to stay cancelled and get a 7 day extension for 1,900 baht. Make sure you have all paperwork from the new comapny and the new work permit within these 7 days and apply for a new 1 year extension of stay base don your new employemnt.

Normaly you can try to add the new employer to your old work permit if you still work at the old employer. The old employer must agree with this. You than have temporarily 2 employers. After a while you stop working with the old employer and only work for the new employer. You now still have a valid work permit and don't have to cancel your permisison to stay with immigration.

But in case of 2 different labour offices it will probably not work.

[Explorer]

another one -

my extension ends 4th July 2010 (multiple entry), I will be clearing my 30 days annual leave in Jan, will be travelling around SEA. The Co. HR will inform the Labor Dept to cancel my WP by 1st Feb 2010. I will be applying for a new non-o (marriage) in KL on the 2nd Feb as i will start to apply for a new work permit once i come back to Thailand on 4th Feb onwards.

Question - do i have to show any documents to the embassy that states my extension has been canceled (work permit ends) when applying for my non-o?

Explorer

[Mario2008]

Don't think so, although a letter advising that your employment ends on Feb. 2 can't hurt. The new visa will make your current permission to stay invalid.

Don't forget to take the marriage cerificate (copy)and a copy of your wife's ID and a note from her asking for a visa for you, as well as your bankbook.