Contract Not Being Renewed

[MagnumForce]

Hi everyone,

I just found out that my private language school has decided not to renew my annual contract in mid-Janauary due to a drop in the number of students. I have an 'O' visa which has been extended for a year at a time based on my job. As I understand it, on my last day of work I must go to Immigration and have my extension of stay cancelled. Is this correct? If so, what are my options?

I have a wife and son and I do not want to leave them. At the same time, it is quite difficult to find a new teaching position in January given that it's the middle of term. So, I'm really stuck on what to do now.

Do I ask my employer to post-date the termination of employment letter to correspond with the last day of my visa? This would be good in that it would give me an extra 6 weeks to find work and would reduce any stress I have about having to leave in January.

Do I cancel my visa on my last day of work and go to Laos to get a new visa? If so, what type and for how long? Can I get a new 1 year non-Immigrant O visa based on marriage?

If not Laos, where can I get a new 1 year non-Immigrant O visa based on marriage with the least difficulty and the least expense?

Finally, if anyone knows of a position available in January in CM, please PM me. I would be very grateful.

Perhaps it may be better to put this post in the Visas and immigration forum but I'll start if off here and see what happens.

Mods,

Please feel free to move this to the Visas and immigration forum if you think it's appropriate.

Thanks for reading.

MF

Edited December 10, 2009 by MagnumForce

[Scott]

If you want this moved to the visa forum at some point, please let a mod know. You might also want to take a look through some of the threads there as well (don't open the same topic in both forums, however).

Your employer should be more than willing to let your visa/work permit expire on their own. They can, if they want, date your letter accordingly, or they could actually just not pay you any longer. A number of ways. All are 'quasi' legal. There are a number of options your employer can do to assist you.

Best of luck to you and hopefully some others will post some suggestions about visa and jobs.

[Mario2008]

Did you extend based on your job or based on ahving a Thai wife?

If you were indeed extending your stay based on your job, you will indeed have to go to immigration and cancel your permission to stay. because you have a Thai wife you can get a 60 day extension instead of a 7 day extension.

You won't have the required income of 40,000 a month for an extension of stay based on marriage, do you have 400,000 in the bank? If so you would qualify for an extension of stay based on marriage without having to leave the country. If not, you either have 60 days to find new employment or you will have to go abroad and apply for a new non-O visa. A multiple non-O visa is possible in Kuala Lumpur but would probably require at least 100,000 in the bank.

[MagnumForce]

I was extending my stay based on work not marriage. Good news about that 60 day extension based on marriage though. Wasn't aware of that. That means if my employer lets my visa expire naturally to the end of Feb I can then get an extra 60 days which would bring me to the end of April, just in time for the new term and plenty of time to find a new job before the school term begins. Thanks for that. It does depend on my employer though so fingers crossed.

Do you know what the requirements are to get this 60 day extension based on marriage please? I presume copies of my passport, her ID card, marriage cert - anything else?

How long does the 400,000 have to be in the bank for, does it have to be a Thai bank, and is it a requirement for the 60 day extension or the one year extension? Likewise with Kuala Lumpur?

Thanks for your help guys. Suddenly there's some light at the end of this tunnel.

MF

[Mario2008]

I was extending my stay based on work not marriage. Good news about that 60 day extension based on marriage though. Wasn't aware of that. That means if my employer lets my visa expire naturally to the end of Feb I can then get an extra 60 days which would bring me to the end of April, just in time for the new term and plenty of time to find a new job before the school term begins. Thanks for that. It does depend on my employer though so fingers crossed.

Do you know what the requirements are to get this 60 day extension based on marriage please? I presume copies of my passport, her ID card, marriage cert - anything else?

How long does the 400,000 have to be in the bank for, does it have to be a Thai bank, and is it a requirement for the 60 day extension or the one year extension? Likewise with Kuala Lumpur?

Thanks for your help guys. Suddenly there's some light at the end of this tunnel.

MF

For the 60 day extension, bringing the marriage certificate and your wife along with you should be enough. There is no need to show money. Being married to a Thai is enough for this extension.

The 400,000 has to be in a bankaccount in Thailand for 2 months if you want a 1 year extension of stay based on marriage. In order to get a multiple non-O visa in the region you would need 100,000 baht in a bankaccount when applying in KL. First time they might let you off with less money.

If you were to go to Australia or Europe you would not need to show any bank balance, depeding on where you apply.

[MagnumForce]

Can I get the 60 day extension first and then apply for the multiple entry one year non imm 'O' visa in Thailand based on the 400,000 rule. That would give me time to transfer the money from my home bank to my Thai bank and have it sitting there for more than 2 months? Alternatively, 100,000 for KL is much easier but does that have to be in the account for at least 2 months also?

[Mario2008]

You can apply for the 60 day extension first and when you have the money in the bank for 2 months apply for an extension of stay based on marriage. (It is not a visa, a visa is only a permisison to travel to Thailand. You did that a long time ago).

For KL the money doesn't need to be seasoned, but it would be a mulitple non-O. Meaning you would have to leave afetr 90 days and can come right back the same day for another 90 days, as long as the visa is valid.

[MagnumForce]

Thanks guys for this help. So I think my plan should be to firstly ask my employer to let my visa expire naturally to the end of Feb, then apply for 60 days extension based on marriage and then try for the one year extension based on marriage with 400,000 in a Thai bank for 2 months or go to KL and apply for a new multiple entry one year non immigrant visa based on 100,000 in a bank for 2 months.

Just another thought. Could I be rehired by a new employer while on a 60 day extension and would they then be able to extend this for one year?

[Mario2008]

Thanks guys for this help. So I think my plan should be to firstly ask my employer to let my visa expire naturally to the end of Feb, then apply for 60 days extension based on marriage and then try for the one year extension based on marriage with 400,000 in a Thai bank for 2 months or go to KL and apply for a new multiple entry one year non immigrant visa based on 100,000 in a bank for 2 months.

Just another thought. Could I be rehired by a new employer while on a 60 day extension and would they then be able to extend this for one year?

Normaly yes, no problem.

As for KL, no need to season the money for 2 months.

[MagnumForce]

Thanks guys for this help. So I think my plan should be to firstly ask my employer to let my visa expire naturally to the end of Feb, then apply for 60 days extension based on marriage and then try for the one year extension based on marriage with 400,000 in a Thai bank for 2 months or go to KL and apply for a new multiple entry one year non immigrant visa based on 100,000 in a bank for 2 months.

Just another thought. Could I be rehired by a new employer while on a 60 day extension and would they then be able to extend this for one year?

Normaly yes, no problem.

As for KL, no need to season the money for 2 months.

So, I can just show a bank account with 100,000 in it at the point in time I go to KL?

[Mario2008]

So, I can just show a bank account with 100,000 in it at the point in time I go to KL?

Correct.

[MagnumForce]

Thanks a million Mario2008! I'll be able to sleep well tonight.

Cheers.

MF

[Ijustwannateach]

Wow, Mario- thanks for helping out- I don't know how that 'non-immigrant-O' stuff works.

[Phatcharanan]

You can apply for the 60 day extension first and when you have the money in the bank for 2 months apply for an extension of stay based on marriage.

This is true for a first time application. Subsequent applications have to have the money seasoned for 3 months.

I think it is worth pointing out that some Immigration Offices don't seem to understand the '2 months first time' app and insist on the money being in for 3 months.

Would be worthwhile checking out your local Imm office for their interpretation of the rules.

[mizzi39]

Wow, Mario- thanks for helping out- I don't know how that 'non-immigrant-O' stuff works.

Mario gave some excellent advice. Another angle is depending on what country you are from, most consulates in your home country are much more forgiving when it comes to visas and extensions. Especially a visa based on marriage. The consulate that i use in the US is very flexible, all you need are copies of your marriage certificate and registration, and copies of your child's Thai birth certificate and his/her Birth abroad certificate from the embassy. No financial statements and no other questions asked. The condition is that you have to go back to your home country before the visa expires to renew. Remember that the counselor is appointed by Thailand and it is really at their sole discretion when it comes to visa approvals (or in some cases denials)

Good luck to you. I'm am sure everything will sort itself out.

One more thing. The 60 day extension based on marriage is super easy to get. I got it after my wife and i married, shortly before my visa ran out and i was still on a tourist visa at that time.

Edited December 11, 2009 by mizzi39

[Mario2008]

Actually, the rules changed on 25 Nov 2008, and now state you need to season the money for 2 months for an extension of stay based on marriage. That is for every extension, not only the first one. But some offices seem to insist that it is 3 months for every next extension. Normally they will let you sign a statement that you know it needs to be 3 months next time.

In the OP's case his extensions of stay were based on work, marriage. This will be his first extension of stay based on marriage.

It is always worth checking with you local immigration office, especially for an extension of stay based on marriage, as the requirements for the documents you need to show vary from office to office.

[Captain Haddock]

So, I can just show a bank account with 100,000 in it at the point in time I go to KL?

Correct.

The bank account has to be a Thai bank, or any bank account with the required funds in?

[Scott]

Hopefully one of the more knowledgeable posters on this issue will come by and give you a definitive answer. I believe that it has to be a bank in Thailand--whether it has to be a Thai owned bank or not, I don't know.

[Scott]

You might want to take a look at the forums on visas:

http://www.thaivisa.com/forum/Thai-visas-r...permits-f1.html

I don't know if it has the information you are requesting, but it's worth a look.

[Captain Haddock]

Cheers!

[CWMcMurray]

Just to be safe, I wouldn't count on your employer letting your extension go till the middle of Feb. Even they say that they will, I would try to get switched over to extension for styaing with Thai wife before you stop working.

You may very well not have any problems if you trust them and they do not screw things up for you, but why put your self in a situation where you have to depend or trust in your former employer? You have enough time to be able to easlily handle this by doing everything "by the book" and this will ensure that you do not have any problems.

If I were you, I would transfer the funds into yout THB Bank account no later that the second week of Jan (the sooner the better).

Then a couple of days before you are scheduled to stop working, I would go into Immigration to request your 60 day extension. You shouldn't need any proof of income, but just bring everything just in case.

You shouldn't have any problem in getting the 60 day extension, but if they ask just tel them the truth... Your job is ending and you would like to change the reason for exstension from "Working" to staying with your Thai wife and you have already transferred the necessary funds into your Thai Bank account, but need the 60 day extension in order to allow the funds to become seasoned.

[2008bangkok]

If i was you i would act now rather than wait fo ryou r other vidsa to run out, if you are ok wiht your employers now then tell them your situation and say to them that you want to change over your visa to a marrige visa now while you are still working, all you need to do is show 3 months of previous tax transactions which show you have been earning 40k and all teh usual stuff and you ewill get a extension..

Otherwise you can get a 60 day visa to visit your thai wife /baby which ever applys..

When i originally went down to apply for my extension based on marrige the company hadnt supplied me with the right docs(they gave me 3 tax documents when you needed the last 3) as it was the last day of which my NON B visa was going to expire they gave me a 60 day thai wife extension and they said that wqas alos ok to work on!

Maybe worth checking, if you can get this changed over while your currently working then your gonna have alot less problems when you finally find another job!

Good luck

[Scott]

This thread is getting a little out of place here in the teaching forum. I will leave it here for a while, but it might receive more advice in the Visa section.

[Scott]

I will close this topic. If the OP wants it re-opened he can PM me or another mod, but it appears that the questions now being asked and answered relate to visas rather than teaching. The visa section has much more comprehensive information there than this forum does.

Thanks.

[Scott]

Reopened at the request of a poster.

[caf]

So, I can just show a bank account with 100,000 in it at the point in time I go to KL?

Correct.

The bank account has to be a Thai bank, or any bank account with the required funds in?

It does not have to be a Thai owned bank. HSBC for example is not Thai owned but funds there count. Their office is in Rama IV. I imagine other foreign banks in Thailand operate similarly.