Non-imm Extension After Employment Termination

[Loknar]

Hi everyone!

I'm not sure what is my best option for letting me continue my life in Thailand next year. Please enlighten me, visa gurus!

1) I had a work permit for 2 years, but now my company has closed down

2) My NON-IMM B visa is expiring in early December.

3) I did not find a new job yet, but I can easily take care of myself by going to work for a few weeks per year in Vietnam, I'm not really looking for a job.

4) My Thai girlfriend of 5 years has a 100K/month business in Thailand with 5 employees, we will get married next year (just saying, if that helps find a solution)

My choices so far:

--Study Thai, get a ED visa. I always wanted to improve my Thai. But can I get my Visa extension right away (from B to ED)? They say I need to go out of the country and come back, but I think that's for tourist visas. I already have a NON-IMM, so....

--Find a fake job? I love to pay taxes as I did for the past 2 years and show I'm a good citizen. Yes, really.

-- Visa runs to Vietnam every 3 months on tourist visa. But that seems like it will prevent me from applying for a resident after 3 years of work permit.

--Others?

My IMPORTANT QUESTION:

I saw on this forum that I need to escape the country within 24 hours of ceasing employment. But that is very strange to me. Ok, I get it, I'm an undesirable canadian, less than 30-year-old. I'm not even retired, and I don't even inject money into the prostitution industry - so they want to get rid of me asap. Well, please tell me what should I do, my company closed suddenly months ago, and the Ministry Of Labor administration told me I can hold on to my work permit if I want to try to find a new job. The prison stories on this website shocked me. What should I do?

[mussen]

....I love to pay taxes.....less than 30-year-old.....I don't even inject money into the prostitution industry.....

[Maestro]

...

2) My NON-IMM B visa is expiring in early December.

...

If your non-B visa is valid for multiple entries you can make a last border run with it immediately before the visa expires and you will again get a 90-day permission to stay.

Regarding an extension of stay for studying, you could try and see if immigration gives it based on your non-B visa. So far I have always seen it reported that the student has to go to a consulate and get a non-ED visa, which frankly does not make much sense to me but that’s how they seem to handle it.

--

Maestro

[QED]

Is your Non-B visa one that you got outside of Thailand 10 months ago, or are you on an extension of stay based on your job?

If not an extension then you can do as another poster mentioned and do a border run in December just before expiry to get 3 more months.

If on extension then you are already on overstay, I find it hard to believe the Ministry of Labour said you can keep the work permit, it is specific to the job you were doing previously and the company you worked for, if you found new employment you would need to apply for a new one.

[thaiphoon]

If on extension then you are already on overstay, I find it hard to believe the Ministry of Labour said you can keep the work permit, it is specific to the job you were doing previously and the company you worked for, if you found new employment you would need to apply for a new one.

Some labour offices ask for WP back now, others don't. But old employer has to advise labour office of termination of employment so WP is cancelled in their records. Agree with QED that likely you will need to apply for new WP if you find new employment.

[Loknar]

==============

Thanks for your infos,

==============

I will clarify: My 90 Day Non-B visa initially was taken 2 years ago. Since then, I had two-12 month extensions while I was working.

So basically, I can't continue working for the same company (they closed). I am looking for a way of doing another multiple entry extension.

If I understand correctly:

--I can't get another job. I need to leave ASAP. Then find another reason to come back and apply for a visa at an embassy. I am illegal now after my company closed? Will I get arrested even if my visa is not expired?

--I can try going to the immigration office and apply for an extension for purpose of studying.. see what happens. The Thai language school I want to apply to said I can have a 1 year visa but will need to pay 1900THB every 90 days for extensions. That is strange for me, I always worked on 12 month visas, and report my residence every 90 days for free.

--My company should have notified Labor that I don't work anymore. What if they did? What if they did not? The Ministry of Labor information counter and admin looked at my papers, listened to my story, said I can keep my booklet (but of course if I find another job I'll need to apply for another work permit and visa extension under that company).

I'll try to find an agency that deals with this crap tomorrow, but please share your info - I trust you guys more than any agency...

[QED]

If your company advised the labour office, which is very likely as otherwise they would still be liable for social security payments etc, then you were here illegally from 24 hours after that date. I would advise you get out of the country as soon as possible and just pay the overstay fine when you leave (500 baht per day, max 20,000 baht).

It seems to be from previous reports if you leave the country and pay the fine you will not have a problem, but if you go to your local immigration office you might have. If I were in your shoes I would go to Laos and get a tourist visa (free of charge right now) which will give you 6 months to weigh up your options, then maybe get an Ed visa.

Immigration I am fairly certain cannot convert your B visa to an Ed visa, and as previously mentioned I wouldn't recommend going to immigration due to your potential overstay status.

Good luck with it all.

[Loknar]

On a philosophical/common sense note

=========================

Am I such a nuisance, a burden for Thai society? My business in vietnam is bringing in 1 million THB that I spent exclusively in Thailand. There has to be a value in this. I would like to get a small job, or be acting director in my girlfriend's small business - impossible, I am told. I understand I don't fit in the mold, but there should be a way to show I'm not an economic terrorist - or whatever Thai Immigration thinks I am.

PS: Sorry for double post, no edit button

[Loknar]

=====

thanks QED

=====

Actually, 1 month after my company closed, I flew for business to Vietnam, then back again. I got the stamp from Suvarnabhumi to resume my extension of 12 months. Immigration did not charge me anything.

So I guess they don't know anything. My company just shut down they don't care about their social responsibility... This could be dangerous for me though, but I'm fine with paying 20,000THB. I love taxes, as I might have said previously. I would gracefully pay this fine because it was my responsibility to learn the ridiculous laws and regulations but I spent all my time focusing on the work - like a dummy. I'm afraid, however, if they take me to detention I will not consider this to be fair.

I would go to vietnam and get a ED for 90 days; according to the school you need to pay again every 90 days. OK. Fine. I will even drive there with a gasohol car if they prefer. I'm just sad I'll have lost all my chances to get a residency permit in the next 10 years.

Thanks again and sorry for my multi-post

[QED]

Actually, 1 month after my company closed, I flew for business to Vietnam, then back again. I got the stamp from Suvarnabhumi to resume my extension of 12 months. Immigration did not charge me anything.

So I guess they don't know anything. My company just shut down they don't care about their social responsibility... This could be dangerous for me though, but I'm fine with paying 20,000THB.

If that's the case then you won't have any fines to pay. I would probably go to the Labour Office the day before you plan to travel and inform them that the company has just shut down. They will then cancel your work permit and effectively cancel your extension to stay at the same time. This will just tidy up the loose ends as there may be questions as to why you are applying for an Ed visa when you already have a valid WP and extension of stay.

[thaiphoon]

If I read your post correctly, you obtained two 12 month extensions of stay from Thai immigration on the basis of employment (rather than obtaining new 12 month Non-B visas from embassy/consulate abroad). By law you should therefore have left the country when your employment ended. It sounds like the labour office is aware that your employment contract has ended so you were on overstay. Although you flew to Vietnam and then re-entered the country one month after cessation of employment, you entered on your old extension of stay which should have been cancelled by Thai immigration. Believe entering the country on what should have been a cancelled permission to stay could well spell trouble.

Is best therefore to leave the country immediately by air to 'clear' your current permission to stay and pay any overstay fine (if requested) at the airport. Overstay fine is 500 baht a day, maximum 20k. Passport will be marked but it will not prevent you from re-entering the country or obtaining a new visa. You need to be careful of your movements between now and arriving at the airport; if arrested by the police likely your immigration record will be checked and you may be held in international detention centre pending investigation.

If you plan to study you should quickly obtain letter from language school before you leave and take that with you on departure and obtain Non-ED visa from embassy/consulate abroad. Vientiane would be a good place to go. Single entry visa only, then renew every 90 days at Thai immigration with supporting paperwork from the school. Alternatively, if you need more time to evaluate options, you could obtain double entry tourist visa from Vientiane. They are currently free. With extensions and a border run in the middle that would give you nearly 6 months stay.

Edited October 25, 2009 by thaiphoon

[HelpingGuru]

Hi everyone!

I'm not sure what is my best option for letting me continue my life in Thailand next year. Please enlighten me, visa gurus!

1) I had a work permit for 2 years, but now my company has closed down

2) My NON-IMM B visa is expiring in early December.

3) I did not find a new job yet, but I can easily take care of myself by going to work for a few weeks per year in Vietnam, I'm not really looking for a job.

4) My Thai girlfriend of 5 years has a 100K/month business in Thailand with 5 employees, we will get married next year (just saying, if that helps find a solution)

My choices so far:

--Study Thai, get a ED visa. I always wanted to improve my Thai. But can I get my Visa extension right away (from B to ED)? They say I need to go out of the country and come back, but I think that's for tourist visas. I already have a NON-IMM, so....

--Find a fake job? I love to pay taxes as I did for the past 2 years and show I'm a good citizen. Yes, really.

-- Visa runs to Vietnam every 3 months on tourist visa. But that seems like it will prevent me from applying for a resident after 3 years of work permit.

--Others?

My IMPORTANT QUESTION:

I saw on this forum that I need to escape the country within 24 hours of ceasing employment. But that is very strange to me. Ok, I get it, I'm an undesirable canadian, less than 30-year-old. I'm not even retired, and I don't even inject money into the prostitution industry - so they want to get rid of me asap. Well, please tell me what should I do, my company closed suddenly months ago, and the Ministry Of Labor administration told me I can hold on to my work permit if I want to try to find a new job. The prison stories on this website shocked me. What should I do?

Well, i tried to send you a private message but couldn't and it is definitely about visa.

[Loknar]

thanks so much you guys

=====

I'll definitely hurry up and follow your advice, then write back to let you know what happened.

@HelpingGuru: You can try again or simply post here!

[Loknar]

I did not have any issue. No 20,000THB charge. I will come back on a 60 day tourist visa. From my experience, it is hard to imagine how some people got fined and detained by the immigration police...