Starting A New Job. Need To Leave Country?

[cadkyjo]

I am currently working at a government job and have given my notice for april 30th. i have an extension on my non-immigrant o visa and a work permit through the job. my current employer plans to cancel my work permit on april 30th meaning that i have 24 hours to leave the country. i have a new job starting on may 1st. my questions:

is it possible to get a new visa and work permit without leaving the country? if so how? i have read on here that if the two parties work together it is possible? what does this mean, to work together?

thanks for any help. this is a bit urgent as i only have a week or so before i will have to leave if i cant figure this out.

thank you

[ubonjoe]

They have to work together to get you a new work permit so that you are never without one.

If the labor departement is never notified that you are no longer working then your extension can remain valid.

After you get the work permit cituation sorted out then you got to immigration with documentation for your new job and a letter from your old employer saying that on that date you no longer work for them.

What was the reason for your o visa? What is your extension based upon?

If you are married to a Thai and your extension is for work you could change your extension to one based upon marriage and use your tax payments as proof of income.

[cadkyjo]

They have to work together to get you a new work permit so that you are never without one.

If the labor departement is never notified that you are no longer working then your extension can remain valid.

After you get the work permit cituation sorted out then you got to immigration with documentation for your new job and a letter from your old employer saying that on that date you no longer work for them.

What was the reason for your o visa? What is your extension based upon?

If you are married to a Thai and your extension is for work you could change your extension to one based upon marriage and use your tax payments as proof of income.

thanks for the reply. my wife is a student at a uni and has a student visa (she is a japanese national). i got the o when i came into the country from america. it was good for 90 days, but just before it expired i got the govt job and they extended it and tied it to the work permit.

so from what you say, i should be able to go into immigration on may 1st with the paper work from my new employer, as well as a letter from my current employer say that i no longer work for them and that the work permit was canceled on april 30, correct?

[ubonjoe]

You will also need a new work permit when you go to immigration.

If all else failed you could also get an extension as your wifes dependent since she has and extension of stay also. And then change to an extension based upon working later.

[cadkyjo]

the o visa was extended by the navy, my employer. so i guess it was extended based on employment.

and, why do i even need to go to immigration? do i need to let them know that i have changed employers or that my basis for extension has changed from one employer to another?

from what you are saying, it seems that i just need to get a new work permit bc my visa shouldnt be canceled, right.

[cadkyjo]

They have to work together to get you a new work permit so that you are never without one.

If the labor departement is never notified that you are no longer working then your extension can remain valid.

After you get the work permit cituation sorted out then you got to immigration with documentation for your new job and a letter from your old employer saying that on that date you no longer work for them.

What was the reason for your o visa? What is your extension based upon?

If you are married to a Thai and your extension is for work you could change your extension to one based upon marriage and use your tax payments as proof of income.

thanks for the reply. my wife is a student at a uni and has a student visa (she is a japanese national). i got the o when i came into the country from america. it was good for 90 days, but just before it expired i got the govt job and they extended it and tied it to the work permit.

so from what you say, i should be able to go into immigration on may 1st with the paper work from my new employer, as well as a letter from my current employer say that i no longer work for them and that the work permit was canceled on april 30, correct?

[ubonjoe]

If you go in without a work permit for your new employer they will cancel your extension and tell you that you have to leave the country or get a 7 day extension.

The work permit is the most important thing that has to be done. That is why your old and new employer have to work together in order for you to get a work permit with your new employer.

[cadkyjo]

If you go in without a work permit for your new employer they will cancel your extension and tell you that you have to leave the country or get a 7 day extension.

The work permit is the most important thing that has to be done. That is why your old and new employer have to work together in order for you to get a work permit with your new employer.

And what would happen if i WERE to leave the country at that point? remember it is a non O and a multiple entry. could i come back on the non O with a fresh 90 days? or would my visa just cancel, and leave me with nothing?

or alternatively, could i go in and get an extension based on my marriage (my wife is japanese and on a student visa) on the same day that the extension is canceled and get the new year extension that way? and could i do it without leaving country? if so, actually i thiknk you mentioned this in an earlier post, then what do i need to do to get this started? do i need to show evidence of income or a bank statement, or just go in with the tm7?

thank you for your help this has been very helpful and i feel i am making some progress.

Edited April 22, 2009 by cadkyjo

[ubonjoe]

And what would happen if i WERE to leave the country at that point? remember it is a non O and a multiple entry. could i come back on the non O with a fresh 90 days? or would my visa just cancel, and leave me with nothing?

or alternatively, could i go in and get an extension based on my marriage (my wife is japanese and on a student visa) on the same day that the extension is canceled and get the new year extension that way? and could i do it without leaving country? if so, actually i thiknk you mentioned this in an earlier post, then what do i need to do to get this started? do i need to show evidence of income or a bank statement, or just go in with the tm7?

thank you for your help this has been very helpful and i feel i am making some progress.

If your non-o is still valid you could leave and re-enter for 90 days. Your visa will not cancel because it is not tied to your job only your extension of stay is.

For info on getting a dependent extension based upon your wife going to school see clause 2.11 of this police order.

police_order_2008.pdf

You will need your marriage certificate to prove your relationship to your wife is all you will need plus copies of her passport, visa/extension and etc.

[cadkyjo]

If you go in without a work permit for your new employer they will cancel your extension and tell you that you have to leave the country or get a 7 day extension.

The work permit is the most important thing that has to be done. That is why your old and new employer have to work together in order for you to get a work permit with your new employer.

i just talked to my new employer today and they said they plan to get me a letter saying that they will employ me ( you say i need a work permit, is that a proper form from dept of labor or is a letter enough. my new employer seems to think a letter will be sufficient). if i go into immigration with this letter, and a letter from my current employer saying that my work permit is canceled then will that be enough to get the extension so that my new employer can start the process for a new work permit?

would i be given an extension automatically or would i have to pay for the extension? i have heard that sometimes they grant you 30 days to sort it all out. any ideas on this.

thank you again for your help

Edited April 24, 2009 by cadkyjo

[ubonjoe]

They might give you a stamp that says you have to come back in 30 days while they consider your application.

I have heard of that being done.

[cadkyjo]

They might give you a stamp that says you have to come back in 30 days while they consider your application.

I have heard of that being done.

thank you for your help thus far. with so much info out there and even sometimes conflicting info from immigration officers its nice to be able to get your head around this stuff.

i have to take care of everything next week (by friday, may 1st by the way any idea if immigration will be open next fri--it is a holiday). so it seems to me that worst case scenario is that they refuse me an extension based on only the letter from my new employer ( is there an offical form that my new employer can get from dept of labor saying that they will hire me?)

at any rate, at that point i will have to extend my O, so i will be prepared to extend it for a year based on my wifes ed visa. if they refuse then ill either pay for a 7-day extension, or take the last option, leave the country and get a fresh 90 days on the o.

does this sound reasonable or am i missing something?

thank you again for your time.

[ubonjoe]

Immigration will be closed on the 1st of May.

I am not aware of any special form for your new emloyer to use. Your new employer should know or has somebody hired that knows what is needed if they have hired non Thais before.

I would check to see if you can get a work permit if you get an extension based upon your wifes extension. That would be a much easier extension to get and it would not be tied to you having a job.

[cadkyjo]

Immigration will be closed on the 1st of May.

I am not aware of any special form for your new emloyer to use. Your new employer should know or has somebody hired that knows what is needed if they have hired non Thais before.

I would check to see if you can get a work permit if you get an extension based upon your wifes extension. That would be a much easier extension to get and it would not be tied to you having a job.

so giving that my extension ends on the 30th, and 1st of may is a holiday, that means i have to go to immigration on the 30th right? or do i get 7 days to report to immigration? i have heard that it is only one?

if i cant get a work permit based on my wife's extension then can the extension be switched over to employment based?

thanks again for your response

[ubonjoe]

You need to something on or before the 30th. If your previous employer is going to state that your job is ending on that date. You get no extrad days to report is has to be done on that date or before.

If you get a work permit while you are on an extension baseed upon your wifes you don't have to change to one based on employment. If it was me I wouldn't change because it is more secure than the employed one. You would not be going through what you are going through now if youhad it that way now. But yes you can change.

[cadkyjo]

You need to something on or before the 30th. If your previous employer is going to state that your job is ending on that date. You get no extrad days to report is has to be done on that date or before.

If you get a work permit while you are on an extension baseed upon your wifes you don't have to change to one based on employment. If it was me I wouldn't change because it is more secure than the employed one. You would not be going through what you are going through now if youhad it that way now. But yes you can change.

great. thanks!

so you seem to suggest that i can go in before the date my job is ending. could i go into immigration before the 30th (that is, next thursday), ie as soon as i have a letter in hand stating that my employment will end on that date? if so, would they allow me to go ahead and do the extension based on my wife's ed visa even though the prior extension hasnt run its course? in other words if i go in on say wednesday the 29th of next week with a letter and my marriage cert. could they go ahead and process my extension? only reason i worry is bc thursday is not good for me so id like to take care of it earlier.

thank you

[ubonjoe]

All the better to go early so that if there is a problem you have time to sort it out.

Not sure but you may need to take your wife along when you apply for the extension. You will need a copy of her passport photo page, visa, pemit to stay extension and etc. as well as marriage certificate.

[writeshack]

You will probably need a TT-10 clearance from your outgoing employer. Ask them. Also, if you go to the one-stop visa centre on Phahon Yothin go very very early. You can get queue tickets long before it opens and many people do.

[froglegisgood]

it is so difficult to get a clear answer on anything so let me tell you what happened to me in a similar situation, thought much worse...

I decided to leave my employer on friendly terms to start my own business. They agreed not to cancel my work permit to give me enough time to create my company and get a new one. Unfortunately an employee sent my WP back to the labor dept and canceled it.

It took me 6 months to get my company set up with BOI privileges and when I went to get my WP from the previous employer to process the new one they told me what happened.

From that moment, everyone told me I had to immediately leave the country with my whole family as we overstayed 6 months, I was told not to go out for risk of being arrested and there was nothing else that could be done because of the overstay. Mind you during the 6 months, we used our visa to leave the country regularly and go on holiday and for business a few times and it was never a problem (we had multiple entry, one year). I was angry at the claim from all that nothing could be done but pay overstay and leave, but instead of listening to all the professionals, including a large sponsor here, that we all had to leave the country to apply for a new visa, I decided to take to risk of being naive, hit SuanPlu and ask if anything could be done.

They (immigration) made me pay first 40K (20K Each) for overstay, the max fine, and our daughter who was 4 did not need to pay, we laughed about it saying that considering the length of overstay it was good value for money. Then they asked me what I was going to do and I explained I was ready to process a new work permit as a new company was prepared to process one but I needed a valid Non B. They were closing so advised me to come back the next morning to organise it and advised me not to get caught by the police as my visa just got canceled... the next day, another employee who listen to the same story simply stamped me an extension of 7 days to process the new WP application, then I came back after 7 days and I got a new extension stamp saying in process valid for 15 days I think (not sure maybe 20) then I got all transferred to one stop service for BOI, and it went without a hickup. The fact that the second was BOI had no impact, as the extension on Non B came from SuanPlu. Also the fact that all this happened with different people seems to indicate that I was not simply lucky with the first guy but it is normal practice.

They were extremely friendly and helpful, and I save a bunch of money not flying the whole family back to Australia or else to apply for new nonB plus the cost of the agency offering their service.

After this, we did all our WP ourselves, asking questions when we were not sure to immigration or labor and we had never had a single problem, we now have 9 WP.

My advise to you, go there in person before and ask for their advise and ask what exactly they need to have to process it all. There should not be any problem.

flg

[cadkyjo]

All the better to go early so that if there is a problem you have time to sort it out.

Not sure but you may need to take your wife along when you apply for the extension. You will need a copy of her passport photo page, visa, pemit to stay extension and etc. as well as marriage certificate.

and do i need photos?

also i wonder if i should state the reason for stay as family related or looking for work? or both? or might there be repercussions for saying anything about work? remember i will start a new job on may 1, and my new employer will begin processing my new wp the week of may 4th.

thank you again. only 4 days until all this theory is put to practice.

[ubonjoe]

Yes photo and a TM 7 form filled out.

I would put stay with my wife since your getting a visa as her dependent.

It would be best not to mention work.

Also your extension will be for only for as long as your wife has remaining on her extension.

If you have time I would go to immigration as early as Monday or Tuesday.

[cadkyjo]

Yes photo and a TM 7 form filled out.

I would put stay with my wife since your getting a visa as her dependent.

It would be best not to mention work.

Also your extension will be for only for as long as your wife has remaining on her extension.

If you have time I would go to immigration as early as Monday or Tuesday.

cant do it before thursday. and by the way, according to the website imm will be open on 1st of may. at least it is not mentioned on their list of holidays on their website.

hopefully i am ready to go in. ill keep you posted on the outcome.

thanks again for your comments and information.

regards,

derek

[HakimKlunker]

Immigration will be closed on the 1st of May.

... Your new employer should know or has somebody hired that knows what is needed if they have hired non Thais before...

Depends... In my company we have a Thai HR manager and since years we employ expats. But she not really has an idea and although we occupy an agent additionally, there were a couple of hick-ups. Meanwhile I guess that I know more about it than her - and that is little enough.

Maybe a good idea for you to estimate the mental potential of your own two companies in question? (Emm: does a navy count as company?)

[cadkyjo]

You need to something on or before the 30th. If your previous employer is going to state that your job is ending on that date. You get no extrad days to report is has to be done on that date or before.

If you get a work permit while you are on an extension baseed upon your wifes you don't have to change to one based on employment. If it was me I wouldn't change because it is more secure than the employed one. You would not be going through what you are going through now if youhad it that way now. But yes you can change.

So where can i get official info on Non-imm O visas? my new employer seems clueless so id like to be able to point them to current laws and regulations related to getting a work permit on a non o with an extension based on my wifes ED visa. also, generally id like to look at the regulations as i am still not altogether clear.

i am going in tomorrow to apply for the extension based on my wife. i have a letter from my previous employer stating wp cancelation, marriage cert, etc. ill let you know how it turns out.

just in case i have to leave, any good recs for border runs? is it wise to go on your own (instead of using an agency)? i generally look for the cheapest options. again, i have a O with Multiple entry good till sept, so worse case ill just go out and get the 90 days.

cheers

[lopburi3]

Closest or easiest border to get to is probably your best choice. Both Cambodia and Laos will require a visa for entry so more expensive than Malaysia or the cheap Burma crossings.

If from Bangkok I would use the organized service as it is as cheap as doing yourself for most people and you can relax.

[callum06]

Closest or easiest border to get to is probably your best choice. Both Cambodia and Laos will require a visa for entry so more expensive than Malaysia or the cheap Burma crossings.

If from Bangkok I would use the organized service as it is as cheap as doing yourself for most people and you can relax.

I am in the same boat as the OP, 30th April work permit and visa finish!! I was changing jobs as well. Yesterday i went to the office of labour with a form saying that i was cancelling my current work permit ( you will need your tax release form or a bill from the tax office saying you have paid your taxes as well, your current employer will have it) after that was cancelled my new boss applied and got my new work permit 1 hour later.

This was using my original NON-IMM B visa i got 6 years ago, i then headed off for immigration to re-new my 1 year visa...

It was all sorted out in less than 3 hours at the cost of 3100 baht for the WP and 1900 baht for the visa!!

You DON@T need to leave the country.....

[ubonjoe]

I am in the same boat as the OP, 30th April work permit and visa finish!! I was changing jobs as well. Yesterday i went to the office of labour with a form saying that i was cancelling my current work permit ( you will need your tax release form or a bill from the tax office saying you have paid your taxes as well, your current employer will have it) after that was cancelled my new boss applied and got my new work permit 1 hour later.

This was using my original NON-IMM B visa i got 6 years ago, i then headed off for immigration to re-new my 1 year visa...

It was all sorted out in less than 3 hours at the cost of 3100 baht for the WP and 1900 baht for the visa!!

You DON@T need to leave the country.....

You were not in the same boat as the OP. Your work permit was for teaching which is the easiest to get. Until I read your post in anotfher topic I was wondering how you got the new work permit so fast.

Thanks for the report because it shows that it can be done. It is all a matter of timing to get every thing done the same day.

You really didn't use your same non-b you used an extension of stay that has been extended several times that was obtained by your non-b that expired long ago.

[cadkyjo]

I am in the same boat as the OP, 30th April work permit and visa finish!! I was changing jobs as well. Yesterday i went to the office of labour with a form saying that i was cancelling my current work permit ( you will need your tax release form or a bill from the tax office saying you have paid your taxes as well, your current employer will have it) after that was cancelled my new boss applied and got my new work permit 1 hour later.

This was using my original NON-IMM B visa i got 6 years ago, i then headed off for immigration to re-new my 1 year visa...

It was all sorted out in less than 3 hours at the cost of 3100 baht for the WP and 1900 baht for the visa!!

You DON@T need to leave the country.....

You were not in the same boat as the OP. Your work permit was for teaching which is the easiest to get. Until I read your post in anotfher topic I was wondering how you got the new work permit so fast.

Thanks for the report because it shows that it can be done. It is all a matter of timing to get every thing done the same day.

You really didn't use your same non-b you used an extension of stay that has been extended several times that was obtained by your non-b that expired long ago.

well, i got my family based extension without any problems. i got there at 8am, waited outside in a fairly long line, and had newly-stamped pport in hand by 930am. surprised at how quickly we got out.

having my wife there definately made things go smoother.

this is what i had in hand:

TM7 w/photo

marriage Certificate

Letter from current employer saying that my wP would cancel on the same day

Wife's pport and copies

My pport and copies

Acceptance Letter from my wife's Uni (not sure if they were necessary but i figured they wouldnt hurt my case)

Again my wife was there with me as well

one thing that we were told was that since her uni is not in bkok, she will have to go to nakhom pathom to extend in the future. this is a pain in the ass and i am not sure when this changed. we reside here in bkok so not clear on this one.

otherwise the extension and cancelation went off rather quickly and easily.

my question now is what does my employer need to do to get the wp process started, given my non 0 with a family based extension??they seem to be a bit clueless on this so id like to figure it out myself just to confirm what they tell me.

thanks again for the help on this.

[ubonjoe]

well, i got my family based extension without any problems. i got there at 8am, waited outside in a fairly long line, and had newly-stamped pport in hand by 930am. surprised at how quickly we got out.

having my wife there definately made things go smoother.

this is what i had in hand:

TM7 w/photo

marriage Certificate

Letter from current employer saying that my wP would cancel on the same day

Wife's pport and copies

My pport and copies

Acceptance Letter from my wife's Uni (not sure if they were necessary but i figured they wouldnt hurt my case)

Again my wife was there with me as well

one thing that we were told was that since her uni is not in bkok, she will have to go to nakhom pathom to extend in the future. this is a pain in the ass and i am not sure when this changed. we reside here in bkok so not clear on this one.

otherwise the extension and cancelation went off rather quickly and easily.

my question now is what does my employer need to do to get the wp process started, given my non 0 with a family based extension??they seem to be a bit clueless on this so id like to figure it out myself just to confirm what they tell me.

thanks again for the help on this.

Glad that everything went good.

The process will be the same as any work permit application. You are on and extesnion of stay that is from a non immigrant visa which is the same as if you had entered on a B visa.

Here is a file that has forms and checklists for a work permit application that might help.

work_permit_forms.pdf

[cadkyjo]

well, i got my family based extension without any problems. i got there at 8am, waited outside in a fairly long line, and had newly-stamped pport in hand by 930am. surprised at how quickly we got out.

having my wife there definately made things go smoother.

this is what i had in hand:

TM7 w/photo

marriage Certificate

Letter from current employer saying that my wP would cancel on the same day

Wife's pport and copies

My pport and copies

Acceptance Letter from my wife's Uni (not sure if they were necessary but i figured they wouldnt hurt my case)

Again my wife was there with me as well

one thing that we were told was that since her uni is not in bkok, she will have to go to nakhom pathom to extend in the future. this is a pain in the ass and i am not sure when this changed. we reside here in bkok so not clear on this one.

otherwise the extension and cancelation went off rather quickly and easily.

my question now is what does my employer need to do to get the wp process started, given my non 0 with a family based extension??they seem to be a bit clueless on this so id like to figure it out myself just to confirm what they tell me.

thanks again for the help on this.

Glad that everything went good.

The process will be the same as any work permit application. You are on and extesnion of stay that is from a non immigrant visa which is the same as if you had entered on a B visa.

Here is a file that has forms and checklists for a work permit application that might help.

work_permit_forms.pdf

thanks for the info but i cant seem to open the file. could you email it to me or send it another way.

thanks