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Posted

Hi

I would like some advice on the following situation and what is the best way to handle this.

My wife and I have been in Thailand since Jan 09 , we have the nesscessary visa's , and I have the work permit. My Wife is from Philippines and I am a UK National.She has Non Imm O visa , multiply enteries upto 2010.

We have the visa that requires us to report to immigration in June for the 90 days stamp , my wife due to her mother being sick had to return to Philippines in an emergency in late April , she cannot return for the June stamp to be done on her passport - How can we cancel her visa , without her or her passport being in the country ?

Secondly I am ending my work here in Thailand on June 8th , am i correct to believe the procedure is :

a) The company submits a letter to the immigration / labor office informing them of my ending of work here in Thailand , 15 days before the last working day ?

:) The company will issue me a letter to take with me to the immigration on my last working day in June , and i can cancel my visa there on that day ?

c) As my flight is within 7 days of the date of my last working day , I can apply for 7 days extension at the same immigration office on the same day ?

Appreciate any advice anyone can give particularly on my wife's visa cancellation

Regards

Tessreaper

Posted

I think you have an extension of stay not a visa.

Every thing looks right in relation to canceling your extenion of stay. You can apply for a 7 day extension on the date you cancel your extension. You also have to cancel your wifes extension if she has one.

I am not sure what your wife has.

If she is on an extension of stay and she is out of the country she does not have to do a 90 day report. You only have to report if you are in the country for over 90 days. If she didn't get a re-entry permit before she left her extension is already canceled.

If she is on a multiple entry visa she does not have any problem. She does not have to make reports because she has to leave every 90 days

Posted
I think you have an extension of stay not a visa.

Every thing looks right in relation to canceling your extenion of stay. You can apply for a 7 day extension on the date you cancel your extension. You also have to cancel your wifes extension if she has one.

I am not sure what your wife has.

If she is on an extension of stay and she is out of the country she does not have to do a 90 day report. You only have to report if you are in the country for over 90 days. If she didn't get a re-entry permit before she left her extension is already canceled.

If she is on a multiple entry visa she does not have any problem. She does not have to make reports because she has to leave every 90 days

Many thanks for the info

She has a non imm O visa with multiple entry, we both had a white slip of paper attached to our immigration form that you fill in when you enter the country done at the immigration office in March , informing us that we had to get a stamp from the immigration authorites on June 16th , so does this mean even though she has this mulitple enter visa valid til Sept 2010 , as she is not in the country the visa becomes invalid and there is no problem ?

While if i leave on June 14th , before the 16th deadline , mine would also become invalid ?

I will go to the immmigration office on 8th June , and get the cancellation of mine done , do i need to tell them anything about her , even though she is out of the country and wont be back ?

Posted

The visa is not invalid, but she doesn't have to "report" as she is out of the country. Your wife can still use the visa. The report is probably that she has to leave the country after 90 days and can come right back in.

The question is on what kind of visa you are on? If you are on a multiple Non-B, you have to do nothing. Just leave the country 90 days after you entered the country and you can come right back or stay away.

Posted

I don't know what they attached to your departure card because I have never heard of that being done.

I am not sure if you have a visa or extension of stay.

If your permit to stay ends on June 16th then if you leave on/or before that date and don't plan on coming back you don't even have to go to immigration. You can just leave.

Your wifes visa ia not cancelled. If it is a visa issued by a Thai conulste it will still be good until it's experation date.

There is no need for her to report anything.

Posted
The visa is not invalid, but she doesn't have to "report" as she is out of the country. Your wife can still use the visa. The report is probably that she has to leave the country after 90 days and can come right back in.

The question is on what kind of visa you are on? If you are on a multiple Non-B, you have to do nothing. Just leave the country 90 days after you entered the country and you can come right back or stay away.

I am a Non Imm Visa B multple entry , valid until Sept 2010 , from reading what is being said on various websites , when i end my employment here , I will have to get it cancelled at the immigration office , as my company will submit notice of my resignation in advance - is this correct ? then i will need to apply for a 7 day extension as my flight is 6 days after my last day of working , thats what i have been led to believe

Posted
The visa is not invalid, but she doesn't have to "report" as she is out of the country. Your wife can still use the visa. The report is probably that she has to leave the country after 90 days and can come right back in.

The question is on what kind of visa you are on? If you are on a multiple Non-B, you have to do nothing. Just leave the country 90 days after you entered the country and you can come right back or stay away.

I am a Non Imm Visa B multple entry , valid until Sept 2010 , from reading what is being said on various websites , when i end my employment here , I will have to get it cancelled at the immigration office , as my company will submit notice of my resignation in advance - is this correct ? then i will need to apply for a 7 day extension as my flight is 6 days after my last day of working , thats what i have been led to believe , below is what i have read on a thai gov website

IMMIGRATION

EMPLOYMENT VISA CANCELLATION

Due to the fact that the Employment Department no longer requires the cancellation of work permits, the Immigration Department has changed the procedure for the cancellation of a work permit holder's employment visa and for the dependant visas of his/her family members. When an expatriate employee's work is terminated, the company must issue a letter confirming the cancellation of employment. The employee must present such letter to the Immigration Department to be used for the cancellation of his visa and the visas of all dependant family members. The employee and family members must make the cancellation in person at the Immigration Department and the cancellation must be made exactly on the employee's last official working day. In the case that the last working day is a holiday or weekend the employee will need to make the cancellation on the last government working day before the holiday or weekend. Upon cancellation, in order to remain in Thailand, the work visa holder and his/her dependants must apply for a visa extension. The Immigration Department will grant a 7-day temporary visa extension. The fee for the extension is Baht 1,900 per person. Employment visa holders need to be aware that once their company sets a last official working day, their visa must be cancelled. The visa cancellation must be reported even if the visa still remains valid beyond the last day of employment. If a visa holder continues to use this employment visa after the last official day of work (the date when the company stops paying salary in Thailand), he/she will be breaking the Immigration Department rules. Persons using such visas after the last official working day could encounter problems if they remain in or return to Thailand. If by examining the passport the Immigration Department discovers that the visa was not properly cancelled and was still used, the visa holder would be liable to pay a fine for overstay before he/she could obtain a new visa.

Edit mario2008: link to article added: http://www.dejudomlaw.com/index.php?option...09&Itemid=9

Posted

Above only applies to an extension of stay from immigration in Thailand, not for someone on a valid (multiple) non-immigrant B.

You can just leave when your permission to stay ends and even come right back into the country, with or without having a WP.

Posted

Even a law office can't seem to keep the terminology straight.

A visa only allows you to enter the country. A visa gives you a permit to stay when you enter. After you are in the country you are no longer on a visa you are on a permit to stay.

Permits to stay are extended not visas.

If you have a permit to stay that was obtained by a visa entry you do not have to leave or report to immigration. You just need to leave when your permit to stay ends.

A visa is not cancelled when your job ends. Immigration cannot cancel a visa unless you perhaps were to be blacklisted because you commited a crime and were deported.

Posted

Where does it say September 2010? On a visa issued by a Consulate "use before" or on a permitted to stay until stamp issued by Immigration? If you are really on a visa 90 day stay loss of employment has not effect on your stay - you can remain here until the end of the current stay - and if you have multi entry visa you can continue to use it for new entries until it expires.

Posted
Even a law office can't seem to keep the terminology straight.

A visa only allows you to enter the country. A visa gives you a permit to stay when you enter. After you are in the country you are no longer on a visa you are on a permit to stay.

Permits to stay are extended not visas.

If you have a permit to stay that was obtained by a visa entry you do not have to leave or report to immigration. You just need to leave when your permit to stay ends.

A visa is not cancelled when your job ends. Immigration cannot cancel a visa unless you perhaps were to be blacklisted because you commited a crime and were deported.

So effectively , do I need to do ANYTHING ? reading all the great advice that you guys are giving , when my employment ends on June 8th and I leave on June 14th , i will have no problem. The confusion part for me at this stage is the comment about

REPORTING to the Immigration office on my last day of employment for the visa to be cancelled ??? Then having to get 7 days extension - WHAT IS THAT ALL ABOUT ?

Posted

That is about extensions of stay from Immigration. If you have not applied for an extension of stay and are here on a 90 day visa entry it has nothing to do with you. Those on extensions of stay have to report to have there extension of stay canceled.

Posted

It is an error in the terminology used.

It is not a visa that is cancelled it is an extension of a permit to stay that is cancelled.

You do not have an extension of stay. You have a 90 day permit to stay that you got when you entered the country using a visa.

Your multiple entry visa will still be valid. You can use it to enter the country as many times as you want up until it's use before date and get a 90 day permit to stay from every entry.

Posted
It is an error in the terminology used.

It is not a visa that is cancelled it is an extension of a permit to stay that is cancelled.

You do not have an extension of stay. You have a 90 day permit to stay that you got when you entered the country using a visa.

Your multiple entry visa will still be valid. You can use it to enter the country as many times as you want up until it's use before date and get a 90 day permit to stay from every entry.

Dear All

Thanks so much , you have put my mind at rest , it seems things are not as stright forward as what they should be in this country.

Regards

Posted

Not to add to the confusion but I would like to know out of curiosity where the date Sep. 2010 comes from.

Do they now issue visas or extension of stay valid for more than 1 year???

It could also be that the OP does have a multiple entry visa but did get an extension of stay during his first or second stay, would this extension cancel the remaining entries on his visa?

opalhort

Posted
Not to add to the confusion but I would like to know out of curiosity where the date Sep. 2010 comes from.

Do they now issue visas or extension of stay valid for more than 1 year???

It could also be that the OP does have a multiple entry visa but did get an extension of stay during his first or second stay, would this extension cancel the remaining entries on his visa?

opalhort

Date could be typo.

If you get an extension of stay of an entry from a multiple entry visa the visa would still be valid up until it's experation date.

Immigration is very limited in what they can do with visas because they don't issue them unless it is done along with a change of visa status.

I don't think they can even cancel a visa without some very strong reasons to do it and it would probably be associated with a deportation. Or perhaps if person that was blacklisted and tried to enter the country with a visa.

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