Canceling Work Permit Policy Changes

[thamilto]

Previously, when changing jobs or retiring, one would go to the labor department with a letter from your employer to cancel your work permit, and thereby canceling your visa based on that permit as well. I went to the Samut Prakan labor department with a Thai HR from my company. They informed me that I needed to cancel my visa not my work permit. They told me I could keep my work permit and that no holes needed to be punched it as previously was the policy. I went to Samut Prakan immigration and they confirmed that this was now the proper procedure. You still need a letter from your employer to cancel your visa, and you still need to immediately leave the country, get a seven day extension(1,900baht), or just get a new work permit/visa that day. If this is true for every province then hopefully this post will save people a trip to the labor department. Neither one of my employers were aware of this change.

[thaiphoon]

The change in rule came in earlier this year. Employers are now required to notify the labour office in writing that employment has been terminated, and the local labour office will update its records/cancel the work permit. But have seen a few reports that indicate some labour offices do not appear to be up to speed and are still asking for the work permit back for cancellation (as well as employer letter).

Only if on extension of stay based on employment would you need to go to the immigration office on your last day of working with a letter from employer to enable the extension of stay to be cancelled (and to obtain 7 day extension if necessary).

Termination of work does not affect ability to stay if holding a valid visa.

[mopenyang]

The change in rule came in earlier this year. Employers are now required to notify the labour office in writing that employment has been terminated, and the local labour office will update its records/cancel the work permit. But have seen a few reports that indicate some labour offices do not appear to be up to speed and are still asking for the work permit back for cancellation (as well as employer letter).

Only if on extension of stay based on employment would you need to go to the immigration office on your last day of working with a letter from employer to enable the extension of stay to be cancelled (and to obtain 7 day extension if necessary).

Termination of work does not affect ability to stay if holding a valid visa.

Understood up to the last sentence and then you lost me.

Would you be so kind as to provide an example or two of what you mean by (still) "holding a valid visa" incident to termination of work?

Thanks.

[lopburi3]

A visa allows 90 day stay and is not effected by loss of employment - only extensions of stay issued by Immigration inside Thailand are. So if you have a one year multi entry non immigrant B visa issued by a Consulate you can continue your stay and continue to use that visa until it expires.

[ivowatson]

A visa allows 90 day stay and is not effected by loss of employment - only extensions of stay issued by Immigration inside Thailand are.

Extensions of stay (based on marriage) issued by Immigration in Thailand are NOT affected by loss of employment.

[lopburi3]

True but this thread is about employment with no mention of marriage.

[Sisaketmike]

A visa allows 90 day stay and is not effected by loss of employment - only extensions of stay issued by Immigration inside Thailand are.

Extensions of stay (based on marriage) issued by Immigration in Thailand are NOT affected by loss of employment.

Some foreigners kept their Non-O status, but if it’s running together with the work permit, you could have some difficulties.

[Crossy]

Some foreigners kept their Non-O status, but if it’s running together with the work permit, you could have some difficulties.

Never had an issue running a WP with a marriage extension, employment finishes, WP cancelled (letter sent to labour chaps), never a question about my extension.

[ivowatson]

Some foreigners kept their Non-O status, but if it’s running together with the work permit, you could have some difficulties.

Never had an issue running a WP with a marriage extension, employment finishes, WP cancelled (letter sent to labour chaps), never a question about my extension.

If I understand well: the old employer SENDS a letter (with the date of the last working day) to the labour office. That day the WP is canceled. Is it possible to TAKE the letter to the labour office? I'm not sure I can trust them to put the right date in the letter.

"Never a question about my extension" means, I assume, you physically went to the labour office to apply for a new WP? (with all the documents from the new employer).

Can both be done in a single visit?

[monty]

Some foreigners kept their Non-O status, but if it’s running together with the work permit, you could have some difficulties.

Never had an issue running a WP with a marriage extension, employment finishes, WP cancelled (letter sent to labour chaps), never a question about my extension.

If I understand well: the old employer SENDS a letter (with the date of the last working day) to the labour office. That day the WP is canceled. Is it possible to TAKE the letter to the labour office? I'm not sure I can trust them to put the right date in the letter.

"Never a question about my extension" means, I assume, you physically went to the labour office to apply for a new WP? (with all the documents from the new employer).

Can both be done in a single visit?

Different things.

The quoted poster (Crossy) is married, so his extension is in no way tied in to his work permit. In this case only labor department is involved. Immigration has no need to be informed of his employment status.

If your extension is based on employment, you will need to present yourself, your passport and the letter of your employer at immigration, on the same day your employment ends (as stated on the letter from your employer).

They will cancel your extension on the spot, and if you wish you can get a 7 day extension at a cost of 1900 Baht.

[ivowatson]

Some foreigners kept their Non-O status, but if it’s running together with the work permit, you could have some difficulties.

Never had an issue running a WP with a marriage extension, employment finishes, WP cancelled (letter sent to labour chaps), never a question about my extension.

If I understand well: the old employer SENDS a letter (with the date of the last working day) to the labour office. That day the WP is canceled. Is it possible to TAKE the letter to the labour office? I'm not sure I can trust them to put the right date in the letter.

"Never a question about my extension" means, I assume, you physically went to the labour office to apply for a new WP? (with all the documents from the new employer).

Can both be done in a single visit?

Different things.

The quoted poster (Crossy) is married, so his extension is in no way tied in to his work permit. In this case only labor department is involved. Immigration has no need to be informed of his employment status.

If your extension is based on employment, you will need to present yourself, your passport and the letter of your employer at immigration, on the same day your employment ends (as stated on the letter from your employer).

They will cancel your extension on the spot, and if you wish you can get a 7 day extension at a cost of 1900 Baht.

Sorry I wasn't clear.

On a marriage extension, can one take the letter (instead of being send by the employer) to the labor office while applying for a new WP?

[Mario2008]

Yes, you would still have a valid permission to stay in Thailand and could apply for a new Work permit with a new employer and your current one would be cancelled.

[allane]

Here is how I once handled the "changing jobs & getting a new Work Permit all within one day" issue. At the old job, I was on good terms with the Personnel Office. They agreed to give me a specified period of time (I think it was about a month), to get the new employer up to speed, and to have all the necessary paperwork prepared.

Once the new employer was ready, I met the old employer in the lobby of the Immigration Office on the designated day, and did the cancellation. Half an hour later, the new employer joined me, and we applied for my new Work Permit. (At that time, I had 7 days to leave Thailand; I understand this is no longer the case - you might have to pay for a 7 day extension).

It is not necessary that the old employer race in to the Immigration Dept. the moment you quit. But, they are free to do that if they want to, so it pays you to stay on good terms with them if at all possible.

[monty]

(At that time, I had 7 days to leave Thailand; I understand this is no longer the case - you might have to pay for a 7 day extension).

It is not necessary that the old employer race in to the Immigration Dept. the moment you quit. But, they are free to do that if they want to, so it pays you to stay on good terms with them if at all possible.

Yes, you now have to pay 1900 Baht for 7 days, and have to do this on the same day you cancel your extension.

Then, if you want to extend again based on your new employment/WP, you will have to this in the first 3 days of the 7 day extension. Do it later and they very well might refuse, as they need a few days to check out all your paperwork and the paperwork of the new company!

If they refuse to accept your application you'll have to do a visa run to get a new non immigrant B!

Not sure they require the early application in Bangkok, but apparently in Pattaya (Chonburi) they do...

[ivowatson]

Here is how I once handled the "changing jobs & getting a new Work Permit all within one day" issue. At the old job, I was on good terms with the Personnel Office. They agreed to give me a specified period of time (I think it was about a month), to get the new employer up to speed, and to have all the necessary paperwork prepared.

Once the new employer was ready, I met the old employer in the lobby of the Immigration Office on the designated day, and did the cancellation. Half an hour later, the new employer joined me, and we applied for my new Work Permit.

It is not necessary that the old employer race in to the Immigration Dept. the moment you quit. But, they are free to do that if they want to, so it pays you to stay on good terms with them if at all possible.

Thanks for the help.

Is it really necessary for the old and new employers to go to the labor office or can it be done on your own?

That was actually my original question: can I take the letter stating the last day of work, myself to the labor office or does it have to be send (or brought) by the old employer?

[Mario2008]

You can go yourself. Many people do that.

[allane]

You can go yourself. Many people do that.

Yes, there is nothing to stop you from acting as your own "messenger boy', running documents from office to office, as instructed to do so by the officials. But, unless your Thai is quite good, you are probably well-adivsed to be accompanied by someone who can speak and read Thai.

[ivowatson]

You can go yourself. Many people do that.

Yes, there is nothing to stop you from acting as your own "messenger boy', running documents from office to office, as instructed to do so by the officials. But, unless your Thai is quite good, you are probably well-adivsed to be accompanied by someone who can speak and read Thai.

Thank you. I'll give it a try.

[dvdcm]

My case is just a small variation, so I'm adding it here rather than start a thread:

I'm on a Non- O extension based on retirement. I have a work permit acquired separately and later for volunteering. The volunteer work has reached a logical end, though permit doesn't expire for several months (same case with the visa extension).

They're not connected, so I plan renew the visa extension when the time comes and let the work permit expire quietly in a drawer unless advised by the experts here to do something else. It's hard to imagine the group I volunteered for following through on any paper work, but I'd prefer to think it's problem and not mine. Another group would like to offer me a paid consulting position, which I'm not inclined to think about anytime soon. That could be the only complication somewhere along the road, but not if it's going to get in the way of my current visa status. Am I on the right track?

[PoorSucker]

Normally you don't get a work permit when on a visa based on retirement.

WP on retirement extension when paid would be more difficult.

[Mario2008]

The official policy is that you don't have to return the WP anymore, but I would still cancel the WP. Just have a letter send to the labour office saying that you no longer volunteer for them per **-**-****.

Poorsucker is right that you can't expect to get a WP on an extension based on retirement, especially for a paid function.

[dvdcm]

Thank you both for the recommendations. A letter to cancel sounds good- and a legitimate excuse to beg off in the future sounds even better!