Changing Jobs Mid-Term

[MagnumForce]

Hi folks,

Just thought I'd ask this in the Teaching Forum first to see if anyone has had any similar experiences before I ask in the Visas and Work Permit Forum. Thanks for your patience.

The wife is getting itchy feet to return us to her home province and negotiations are ongoing. I am currently under contract until the end of the school year next March.

I am trying to find out about what may be my position from TV members who may have done something similar in relation to visa, work permit and contract should we move in October this year.

Visa:

I am married but I am on an extension of stay based on this employment so my main concern is that if I leave my present job before next March my extension of stay will also be cancelled on my last day of work. We are thinking about moving from a big province with an Immigration office to a small province with none so I am worried about my status.

As far as I know, I think I can apply for an extension of stay for 60 days based on marriage and then use this time to sort out another year by various means eg money in the bank / go abroad and get new 1 year visa etc. Is this correct?

Also, if I had a new employer lined up in the smaller province, could they apply for a new extension of stay for me at Immigration in the bigger province on the same day as I cancel my present extension of stay thereby retaining continuity? The potential new employer is a government school so I don't know if that would make any difference?

Work Permit:

Provided that my present employer is helpful and doesn't cause any problems, could I transfer my work permit from the school in the bigger province to the school in the smaller province without having to cancel it and apply for a new one? There is a Labour office in the smaller province but I'm not sure that they would be overly familiar with farangs and work permits.

Contract:

I don't think I will be penalised if I choose to leave my employment before end of contract but I am concerned about getting my 'bond' back (a certain amount is deducted from monthly salary to be paid back as a lump sum at the end of contract) and also about getting my tax rebate for taxes paid during this current term of employment should I not see out the whole term. I will bring the wife in in advance to explain to my boss why we are moving, if we do move in October, so hopefully this would resolve any issues here.

Anyone got any thoughts? Much appreciated if you can help.

MF

[TerryLH]

"Visa:

As far as I know, I think I can apply for an extension of stay for 60 days based on marriage and then use this time to sort out another year by various means eg money in the bank / go abroad and get new 1 year visa etc. Is this correct?"

That is correct.

"Also, if I had a new employer lined up in the smaller province, could they apply for a new extension of stay for me at Immigration in the bigger province on the same day..."

I don't think so. You'll need to extend in the immigration office for your area. If you're lucky, it will be the same one you've been using, but impossible to know since you didn't mention where you are or where you're moving to.

"Work Permit:

Provided that my present employer is helpful and doesn't cause any problems, could I transfer my work permit from the school in the bigger province to the school in the smaller province without having to cancel it and apply for a new one?"

No. You'll need a new WP from the labor office where you'll be working.

"Contract:

I don't think I will be penalised if I choose to leave my employment before end of contract but I am concerned about getting my 'bond' back (a certain amount is deducted from monthly salary to be paid back as a lump sum at the end of contract) and also about getting my tax rebate for taxes paid during this current term of employment should I not see out the whole term."

Can't say what your employer will do about the 'bond'. They do that to try to prevent people leaving, like you're doing, before the end of the contract.

The tax rebate, if any is due, shouldn't be a problem. The old employer, the new one as well, is supposed to give you a letter early next year showing salary, deductions for tax, social security, and whatever. With that/those forms you file form 91 at the Revenue Office prior to 31 March 2011. If you owe more, you'll pay. If you overpaid, you'll sign for a rebate.

[MagnumForce]

Thanks TerryLH.

Looks like I'll have to use the immigration office for the smaller province which is not the same as the present one I use. I did come across this Thai Visa compilation of Immigration offices though, which is useful.

http://maps.google.com/maps/ms?hl=en&ie=UTF8&msa=0&msid=101110579867335234058.000465f03d84d91df360b&ll=18.776854,100.763426&spn=0.007852,0.012553&z=17

Do you know if I can apply for the new extension based on a new job in the new Immigration office before the present extension ends? I have a feeling I can do this 30 days in advance to avoid the gap in extensions but I'm not certain.

Shame about the work permit. Just got a new one in May for this present job and my employer paid for it. Maybe 3000baht+, so I suppose they'd be entitled to keep a good portion of the bond to recoup their loss on the work permit.

[aidenai]

Do you know if I can apply for the new extension based on a new job in the new Immigration office before the present extension ends? I have a feeling I can do this 30 days in advance to avoid the gap in extensions but I'm not certain.

You can't buy in advance an extension of stay based on new employment. When you leave your current employer you have to cancel your work permit and your extension of the permission of stay. Some Immigration Offices want you immediately to leave The Kingdom unless you buy a 7-day extension of stay. It's virtually impossible to get an initial work permit within those 7 days as that one has to be signed by the Provincial Governor's Office.

Your 60-days extension of stay because of legally being married to a Thai national seems to be an option but I'm not sure whether the Labour Office accepts this extension for issuing a work permit.

Good luck.

Edited July 29, 2010 by aidenai

[Mario2008]

The last day you work, is the day you have to go to immigration to have your extension of stay cancelled. Normally you can at the same time apply for a 7 day extension of stay, but in case you have a Thai wife you will get a 60 day extension of stay.

If you find a new employer in these 60 days you can apply for a new work permit and a new extension of stay based on work (or on having a Thai wife if you can show 400,000 in a bank account in Thailand in your name or have an income of 40,000 a month).

You cannot transfer your work permit. You wil have to apply for a new one.

[MagnumForce]

Thanks for the additional info. Here's another question.

What if I find a new job in the new province before I finish my employment in my current province? Can my new employer begin the process of applying for my new extension of stay based on working for them and also applying for the new work permit before I actually finish my current employment?

Thanks for your help.

Edited July 29, 2010 by MagnumForce

[aidenai]

What if I find a new job in the new province before I finish my employment in my current province? Can my new employer begin the process of applying for my new extension of stay based on working for them and also applying for the new work permit before I actually finish my current employment?

Nope, because you have nothing to extend.

[MagnumForce]

Really? That's not good. I would have thought that an employer, particularly a government school, could begin the application process for an extension of stay and a work permit based on working for them, provided that there was a guarantee from both parties that the teacher would start on a certain date. In my case, I will need to cover myself with either the 7 days or the 60 days extension as I need to cancel in one Immigration office and get the new one-year extension of stay based on work in another immigration office.

What about people who are not moving province and who know that their contract ends on a certain day and have managed to get a new contract with a different employer starting on the same day? Can their new employer not begin the application process so that everything is ready on the day of the changeover?

[Mario2008]

It might be possible, if all the paperwork is prepared well in advance. But it would be a race against time and much will depend on how fast the labour office is with issueing a new work permit.

You have to cancel your work permit and on the same day apply and recieve for your new work permit and go to immigration to cancel your permission to stay and get a new extension of stay.

[MagnumForce]

Hi guys,

Thanks for your answers so far. Can I just clarify definitively whether or not a prospective new employer can start a work permit and 'extension of stay based on work' application while I am employed by a different employer in a different province? Presumably, I would have to sign a contract in advance as a guarantee that I would in fact be commencing employment with them on a certain date. On the other hand, maybe neither Immigration of Labour would even entertain this.

Either way, your thoughts please so I can sleep easier .

Thanks in advance.

MF