Non-b Issues

[johncitizen]

Hello,

I'm a young Australian male who is currently employed at an international school in Bangkok.

It is common practice at this school to hire people whilst on tourist visas, and then after a probation period to grant them a non-B immigrant visa and work stamp so I can work "legally."

My question to you is, if I am fired (or I resign) once I am on a non-B and work visa- is the non-B, work visa, or both, terminated the instant I am no longer employed?

Do I have time to find another job?

Would I be transferred to another visa type?

Or would I have to leave the country immediately?

I heard that a non-B lasts for 3 months once it has been granted, but am unsure whether they are revoked if your contract is terminated for some reason or another.

Regards,

jc

[Lite Beer]

If you have a Non B Visa obtained from a Thai Consulate it would still be valid if you stopped work.

It is illegal to work with a Tourist Visa and no Work Permit, but I think you already know that.

[thaiphoon]

Only if you were on extension of stay would you have to leave the country on the last day of employment (or obtain 7 day extension from immigration to pack your things).

[babyturtle]

Hello,

I'm a young Australian male who is currently employed at an international school in Bangkok.

It is common practice at this school to hire people whilst on tourist visas, and then after a probation period to grant them a non-B immigrant visa and work stamp so I can work "legally."

My question to you is, if I am fired (or I resign) once I am on a non-B and work visa- is the non-B, work visa, or both, terminated the instant I am no longer employed?

Do I have time to find another job?

Would I be transferred to another visa type?

Or would I have to leave the country immediately?

I heard that a non-B lasts for 3 months once it has been granted, but am unsure whether they are revoked if your contract is terminated for some reason or another.

Regards,

jc

Hi JC,

With my years of experience working as PA to expat in MNC and had a direct responsibility on such matter, I have couples of information to share with, provided that no amendments/updates were made to the regulations in the past 1 year..!

To the best of my knowledge, it is very much likely that your Non-B visa and WP should have been terminated as your employment should have sent a notice to the immigration office informing them of your resignation and/or termination..! Though it may not be advisable to tell you to continue your stay w/n the Kingdom, you can continue using the Non-B visa and WP that you have on hand, but make sure you don't get into "legal/official" troubles during that period...

If I am not wrong you are illigible to stay in the country for another 30days starting from the expiry date stamp on your WP, then you have to leave the country and re-apply the visa as tourist visa should you want to enter the country.

Your visa will not be automatically transferred to any type, even that you got the new job and they actually offer you the WP. You have to start the whole process starting from the beginning.

The grant visa period available from 3 months, 6 months up to one year..! Nevertheless, 3-month visa is more of a general practice in many cases.

It is advisable that you leave the country once expired, then re-enter the country with the tourist visa. Such legal matters should be probably and legally handled to avoid all any possible troubles...!

Hope this help

-Tat

p.s. Immigration Bureau website : immigration.go.th

rtp606EN.pdf

[thaiphoon]

Babyturtle,

If the Op has a Non-B visa (issued by an embassy/consulate abroad) he can stay in the country once his employment finishes for the duration of his current permission to stay. Only if he were on extension of stay (issued by Thai immigration) would he have to leave on his final day of working, or obtain 7 day extension from immigration, taking with him letter from his employer. His employer will advise the labour department seperately that his employment has ended so that work permit can be returned/cancelled.

Edited October 15, 2009 by thaiphoon

[bkkdangerous]

all this is so complicated.

does anyone know if I can get a non imm B visa in thailand, not transferring from tourist to non imm b, but actually get a new one?

[thaiphoon]

all this is so complicated.

does anyone know if I can get a non imm B visa in thailand, not transferring from tourist to non imm b, but actually get a new one?

You cannot obtain a new visa in Thailand, nor can you transfer from tourist to Non-B. You would have to apply at embassy/consulate abroad for new visa with company paperwork etc.

Edited October 15, 2009 by thaiphoon

[Mario2008]

all this is so complicated.

does anyone know if I can get a non imm B visa in thailand, not transferring from tourist to non imm b, but actually get a new one?

A visa you can only get from an embassy or consulate abroad.

[johncitizen]

But you CAN transfer from a tourist to a non-B. My school has just arranged for it, and took me to the immigration office themselves (and that is how the majority of their employees gain work permits.)

I will be getting it added to my passport on Tuesday.

So, it is my understanding that the school will cancel my work visa upon termination of my contract, but the non-B will continue for the rest of its duration.

Am I correct in assuming this?

cheers for all your help so far,

jc

[tonititan]

Yeah, same for my job, JC! Some people came in on a tourist visa and the employer took them to immigration when it was time to switch to a non-immigrant B and get a work permit.

And yes, I know of dozens and dozens of international school teachers who don't actually get a work permit until several weeks or months after the beginning of the school year. The schools are in close contact with immigration (who sometimes actually comes out to the school to do all the work permits at once), so they must have an understanding somehow.

[johncitizen]

A "financial" understanding, no doubt.

Yep, we all got processed at the same time, too. But again, any answers to my question of:

"So, it is my understanding that the school will cancel my work visa upon termination of my contract, but the non-B will continue for the rest of its duration."

???

[thaiphoon]

But you CAN transfer from a tourist to a non-B. My school has just arranged for it, and took me to the immigration office themselves (and that is how the majority of their employees gain work permits.)

I will be getting it added to my passport on Tuesday.

So, it is my understanding that the school will cancel my work visa upon termination of my contract, but the non-B will continue for the rest of its duration.

Am I correct in assuming this?

cheers for all your help so far,

jc

You seem to be confusing terminology. I suspect what you are now talking about is going through 2 step process to convert from tourist visa (with minimum 21 days permission to stay remaining on visa) to temporary Non-B to extension of stay based on employment. The temporary Non-B visa is immediately cancelled by immigration when extension of stay is granted. Extension of stay, issued by Thai immigration, is not a visa. Is extension of stay the basis of your permission to stay? If so, then you would have to leave the country on the day your work ends or obtain 7 day temporary permission to stay from immigration (taking with you letter from the school, and immigration would cancel your extension of stay). Your school would also write to the labour department advising termination of your employment so work permit can be returned/cancelled.

Edited October 15, 2009 by thaiphoon

[johncitizen]

Hmm that sounds ominous. I'll check it out!

So are you saying that the non-B that I will end up with is a temporary non-B that is conditional on my continued employment? And that if you get fired or resign you must leave the country straight away?

That seems a bit unreasonable considering the time it takes for one to cancel the rent, sell household stuff and arrange for outbound transport...

[thaiphoon]

You have to be on Non-Immigrant visa to apply for extension of stay (not a tourist visa). The special workaround at immigration is to change tourist visa to temporary Non-B visa (paperwork exercise) and then immediately grant the extension of stay. You will never physically be on Non-B visa.

Your permission to stay is tied to your employmtent. If your employment ends and so does your permission to stay. Your only workaround would be to be on visa entry, by obtaining multi-entry Non-B visa yourself from outside the Kingdom. That way, if your employment ended, your permission to stay would not immediately terminate. However, the downside is that would require border runs every 90 days. There are many reports in this forum of people (teachers particularly) coming unstuck when employment ends by not understanding the implications of being on extension of stay based on employment.

[johncitizen]

Thanks for the heads up mate. I'll be sure to get onto them about it!