End Of Contract But Permission To Stay Extends Beyond

[mallyrd]

These past few weeks I have been watching with interest topics concerning End of Contract and the issue of remaining days on the extension to stay, particularly when the extension to stay extends beyond the End of Contract (cancellation of WP).

I have recently set up my own company and was faced with the normal end of contract situation, the possible need to do a visa run and secure a new Non Imm 'B' visa to secure a new work permit under my own company.

My lawyer recently asked me to meet with him (Southern Province) to visit the Labour Office and the Immigration Office. At the Labour Office (Work Permit section) we were astounded to have approved a one year work permit and this was without having a new Non Imm 'B' visa.

Next stop was the Immigration office. The end result was no need to leave to Thailand to secure a new Non Imm 'B' visa. A one year extension to stay complete with multiple exite re-entry visa was issued by this office.

All of the above flies in the face of what is considered to be the norm.

Well pleased with my Lawyer who has obviously found loop holes in the law. No tea money paid.

A bloody fantastic result.

[lopburi3]

Your situation is not clear - did you have employment with another company and a work permit at a different office? Did your current employer not allow your new job to be entered on work permit? A change has always been possible if both employers were in agreement and in same area. As for work permits they are not tired to visas anymore so the normal issue is one year (it is up to you to obtain the required visa/extension to make work legal).

[mallyrd]

Your situation is not clear - did you have employment with another company and a work permit at a different office? Did your current employer not allow your new job to be entered on work permit? A change has always been possible if both employers were in agreement and in same area. As for work permits they are not tired to visas anymore so the normal issue is one year (it is up to you to obtain the required visa/extension to make work legal).

I don't know why you say the situation is not clear; I said my contract was coming to an end and I had set up my own company.

The previous WP was issued in BKK, the new permit has been issued in Southern Thailand therefore any transfer is simply not possible. It is also my understanding that the rules (whether written or not) do not now allow transfers even if the issuer and the new employer are in the same district.

A work permit without the requisite visa is a none starter.

[lopburi3]

The rules do allow the addition for a new job and then the deletion of the old job so a work permit can be used if both employers are agreeable and in same area. You did not say first job was in Bangkok in your post.

So the question is what did you have. You say you did not have a non immigrant B visa but if you were previously working you must have had a visa or extension of stay. If you are here on a visa entry that allows a work permit and that entry has been extended a work permit can be issued.

[InterestedObserver]

The key to the entire process is whether or not you were unemployed at any time. If not unemployed your extension of stay based on working never became invalid and a smooth transition between employers and work permits is possible without getting a new non-immigrant visa. Immigration just issued you with a new extension of stay reflecting a new employer. As said work permits and visas are no longer directly coupled together.