Breaking A Contract And Visa Run

[mkishon]

I have a one-year contract and visa that ends on August 12th. Due to personal circumstances, I will likely need to break my contract before August 12th. However, I wish to stay in Thailand for some time after I leave my job.

Is this possible? What will happen when I leave my employer, specifically with regards to my work permit and visa? Will I have to leave the country for a visa run if I wish to stay?

Thank you.

[udon]

Yes you will lose your work permit and yes you will probably be able to stay doing 30 day visa runs.

Will someone correct me?

[Ajarn]

Your visa time is tied to your work contract period. Breaking your contract invalidates your visa stamp...

In my own experience as a former employer, when I had an employee break a contract, I sometimes (depending on circumstances) notified immigration, who either went to their address, or notified them by phone or mail to come into the office. The end result, in every case where contact was made, was a stamp giving them seven days to leave the country. As far as I knew, if immigration couldn't contact them, nothing else happened...

I would venture to guess that most employers won't do anything. Water under the bridge, and all that...

[Thetyim]

Ajarn,

I am trying to help a friend in a similar situation.

He has changed jobs and has a new WP.

I took him to immigration and the officier said that his visa would not expire in 7 days even thou it was issued on the old WP.

Is this correct ?

Immigration have told him to come back next month with a tax certificate for last year. Is this normal ?

[Ajarn]

Ajarn,

I am trying to help a friend in a similar situation.

He has changed jobs and has a new WP.

I took him to immigration and the officier said that his visa would not expire in 7 days even thou it was issued on the old WP.

Is this correct  ?

Immigration have told him to come back next month with a tax certificate for last year.  Is this normal ?

<{POST_SNAPBACK}>

Thetyim, I have no experience concerning a case where someone has quit in order to get another job during the life of the visa dates, but it sounds like they are happy to continue the visa if the transition is smooth. If the original visa is still valid, like a multi-entry within a year, then even if you get a 'must leave the Kingdom...' stamp, it doesn't mean the visa itself is cancelled. Just a border run is all that might be needed...

My understanding is that the visa extension is based on the work contract dates, not the work permit. The work permit dates are then based on the visa dates stamped by immigration. Admittedly, I've been out of this loop for awhile, so there might have been changes since then.

The tax stuff is always required in such cases for a visa extension based on work. The employer's tax records, too. One reason why it's always best to get your employer to do the visa stuff and WP for you.

[Rumpole]

One reason why it's always best to get your employer to do the visa stuff and WP for you.

<{POST_SNAPBACK}>

Much easier said than done, regardless of the lies and false promises they may feed you at the interview.

Edited May 5, 2005 by Rumpole

[Thetyim]

Thanks Ajarn,

One more question.

The previous employer does not want to give him a tax cert.

They claim he did not earn enough last year to warrant registering at the tax office.

Can he get tax clearance from an accountant ?

[Ajarn]

One reason why it's always best to get your employer to do the visa stuff and WP for you.

<{POST_SNAPBACK}>

Much easier said than done, regardless of the lies and false promises they may feed you at the interview.

<{POST_SNAPBACK}>

So true in my experience, too.

The thing is, if the business is legit, the paperwork is a piece of cake, and it's the same records (quarterly tax receipts and license papers) for the WP and the Immigration stamp. Maybe the business isn't legal, if they give you a problem. A big red flag, to be sure.

Thetyim, sorry, I have no answer for you. As I said, I'm pretty far out of that loop anymore. Hope someone jumps in with some more current experience. Best of luck to your friend

[Rumpole]

One reason why it's always best to get your employer to do the visa stuff and WP for you.

<{POST_SNAPBACK}>

Much easier said than done, regardless of the lies and false promises they may feed you at the interview.

<{POST_SNAPBACK}>

So true in my experience, too.

The thing is, if the business is legit, the paperwork is a piece of cake, and it's the same records (quarterly tax receipts and license papers) for the WP and the Immigration stamp. Maybe the business isn't legal, if they give you a problem. A big red flag, to be sure.

<{POST_SNAPBACK}>

My comments were based on my experiences with two so-called universities in Thailand (I would have thought that they were "legal"!), in addition to a private sector employer. There seems to be a general inertia or even aversion among Thai employers to getting their fingers out of their collective orifices, and setting the paperwork in motion. Perhaps they are just as daunted at the prospect of the whole Byzantine process as we farang?

Edited May 5, 2005 by Rumpole

[hokiefan]

Your work permit is tied to your visa not the other way around. Cancelling your work permit does not have any effect on your visa. I previously had a 2 year non-imm b visa, when I left the company turned in my work permit and then happily used my non-imm b visa to enter the country several times over the next year, no problems. The problem will be that if you have no work permit you would not be able to get your non-imm b visa renewed.

[n7zrd]

Interesting.........

I am in the process of re-doing my visa and wk. permit.

20 or so days ago I left my previous employer, they turned in my work permit and I reported to Immigration 7 days after my work permit was void. Immigration said "visa ok" I handed them my work permit cancelation papers, Ohhhhh. I was going to cross the Burma border but they told me to report to my new towns (where my new job is) Immigration office. 2 days late (9 days after wrk. permit cxl.) I returned and got a 21 day visa to re-apply for my new work permit. Today finished work permit papers and will report to Immigration to get a new Non_Imm. B. So in my very recient experience I was told the visa expired based on my work permit. Who knows?

[PeaceBlondie]

The last poster ends with the question, "Who knows?"

Nobody knows absolutely for sure, starting with moi. Which is why I'm glad I've never gotten a work permit. It's hard enough to figure out the visa regulations without hopelessly confusing it with work permit.

Rumpole is right, at least for teachers. There is no incentive or sanction for the govt. schools to comply with Thai law. The threat of fines against the schools seems to fall upon dead ears. Okay, rumors aside - who knows for sure that a school ever paid a fine for hiring illegal Burmese or degreed farang?

If I write a book about these last two years, maybe I'll title it, "My years as a school-teaching Wetback."

Edited May 6, 2005 by PeaceBlondie