Visa Problems - Please Help!

[trompelemonde82]

Hello, hoping someone can advise me on my somewhat complex situation regarding work permit and visa. It's a long story so please bear with me.<br style="line-height: 15px; ">I began my current job in mid-May of this year at a language center. I then went to Laos and obtained my Non Immigrant B visa, (single entry) on25 May 2010. It is stamped 26 May 2010, reads 'Enter Before 24 August 2010,' and is stamped 'Used.'<br style="line-height: 15px; ">I then returned to Thailand and obtained my work permit - which commenced on 11 June 2010 and is valid until 30 May 2011. <br style="line-height: 15px; ">Recently, my manager informed me that I was not fulfilling the contracted quota for my required monthly hours (due to them not giving me enough classes) and so I must be reduced to part time hours. The manager did nothing to cancel my work permit or visa, therefore giving me the chance to seek other full time work while still legally working in this job. Therefore my work permit should still be valid.<br style="line-height: 15px; ">My passport is stamped 'Immigration Nong Khai Thailand 26 May 2010, admitted until 23 August 2010.'<br style="line-height: 15px; ">Upon returning to Thailand I showed this visa to the local Immigration Office who assured me everything was in order and to report again after 90 days.<br style="line-height: 15px; ">I went to the Immigration Office 2 days ago (30 August) but was told I must pay both the overstay fees and for a 7 day extension in order to cross the border and obtain a new visa. I stated the 7 day rule - the 7 day grace period either side of the due date to give the 90 day report - but the officer I spoke with claimed this was only valid for 7 days previous to the due date. I tried telling them my visa was valid only for 3 months so why did I actually have to give a 90 day report anyway? They simply stated again that I must pay the overstay fees and take the 7 day extension.<br style="line-height: 15px; ">What I cannot understand is why I even have to bother with all this - a friend of mine who has stayed in Thailand for 5 years now assures me that the work permit IS a visa and once you have the non-B and apply for the work permit, that the work permit then replaces the non-B as your visa. He reckons I've done nothing in the wrong and suggested I explain my dilemma on this forum to seek advice.<br style="line-height: 15px; ">I am waiting on money coming through to pay whatever I have to but I'm not sure of what I should actually be paying for here. Can anyone shed some light on the matter and advise me on what I can do in this situation?<br style="line-height: 15px; ">Thanks in advance.

[wandrinstar]

I think the Experts need to know what area you are, makes a big difference, not that it should.Sometimes the ask you questions in Thai,if you dont speak well, thats it.

[beano2274]

Work Permit allows you to work here

Visa allows you to stay here.

Your friend is very mistaken, a WP IS NOT a visa.

[scorecard]

Another example of people listening to the 'armchair experts'.

Dear OP, get some expert advice, and stop listening to the bar gossip.

[Tropicalevo]

Work Permit allows you to work here

Visa allows you to stay here.

Your friend is very mistaken, a WP IS NOT a visa.

and that's a fact.

Forget logic and common sense - follow the rules and listen to the immigration people. Even when they are wrong, they are right.

(and dump your friend - he did you no favours)

[steve187]

It would seem that you have failed to report, and you have overstayed,you must get this sorted asap as it is costing you 500 baht everyday you don't. Leave at the closest border and get a new visa.

[Mario2008]

A work permit allows you to work, the visa to come to Thailand and the permission to stay to stay in Thailand.

You where on overstay and "admitted until 23 August 2010" was the date you should have left the country or apply for an extension of stay. There is no grace period for this and now you need to leave the country or apply for an extension of stay before the date you are now allowed to stay with your extension.

You can try to get a 1 year extension of stay with papers of your current employer.

Note that your Work Permit only allows you to work for the employer mentioned in the WP, not for anybody else. That would be illegal.

[trompelemonde82]

A work permit allows you to work, the visa to come to Thailand and the permission to stay to stay in Thailand.

You where on overstay and "admitted until 23 August 2010" was the date you should have left the country or apply for an extension of stay. There is no grace period for this and now you need to leave the country or apply for an extension of stay before the date you are now allowed to stay with your extension.

You can try to get a 1 year extension of stay with papers of your current employer.

Note that your Work Permit only allows you to work for the employer mentioned in the WP, not for anybody else. That would be illegal.

Thanks all for your replies and apologies for any confusion - I included too much info there and obviously some of my message was lost in translation.

To clarify : -

(1) My teaching hours have been reduced from full to part time.

(2) Because of the overstay my non B is now invalid.

(3) I cannot get another non B because the language center I work for would then need to acquire documents from their Head Office stating that I am a full time

teacher, as per the Immigration Office's list of required documents. This apparently cannot be done because I am part time. I signed a full time contract

when I began the job, but as yet, have not been presented with a part time contract to sign.

(4) My confusion comes from two main points - firstly, do I actually have an overstay as such? The non B visa granted was only valid for 3 months. This 3

months is now over, so I would guess I was supposed to apply for another visa extension before the due date? On a 3 month visa there is no need for a 90

day report, correct me if I'm wrong.

Secondly - is there no way I can get another non B? I read elsewhere on this forum that even voluntary workers need a work permit and visa, so why can't

somebody working part time have a non B and permit just the same as a full time worker? Does that mean any alien reduced to part time hours no longer

has a valid non B visa?

The first time around I had the non B visa which was valid for 1 year so simply reported every 90 days without any problems - this 3 month visa then extension business is confusing me somewhat, especially as my local immigration office told me to report there after the 90 day period.

Obviously I just want to get it sorted so I can work legally again and not worry about it.

I'm currently planning on a border run to Laos for a tourist visa. If I have other options here, I'd like to know about them.

Cheers.

P.S. For those who suggested I 'drop' my friend because of what he supposed, you should understand that his advice was posthumous and in no way led to this situation. It certainly wasn't a case of an 'OP' listening to 'bar gossip' as somebody suggested. My post may have lacked clarity, but I respectfully find such comments to be rather rash. Jeez, talk about jumping the gun. For those who gave me sound advice and were pleasantly helpful, thanks.

[lopburi3]

You are overstay, working illegally, and subject to 500 baht a day fine since August 24 and could be arrested and jailed/deported if found working. You also failed to make an address report after 90 days in Thailand. Those are the facts from what you wrote.

You were required to obtain an extension of stay or another non immigrant B visa entry but did neither. You are also in violation of 90 day reporting rule as you did stay longer than 90 days (illegally) and that could be another 5,000 baht fine and 200 baht per day (although it is normally only 2,000 baht fine). At this point you need to exit Thailand paying fine(s) and return if you want with whatever entry you can obtain. But any work done without a valid non immigrant entry will be illegal. You need proper paperwork to obtain a non immigrant B visa/extensions of stay.

It appears they will provide a 7 day extension of stay with only that 1,900 baht fee plus payment of days overstayed and you will be free to leave. At an exit point they might only charge the overstay if file not flagged but they could also add the fine of not doing 90 day report at normal or max rate.

Your friend gave you very bad information

[johngerrard]

Oh dear Oh Dear…

Let me introduce myself, I’m the vilified ‘friend’. Before I get even more crucified by some of you, before posting can you please read the PS in posting No. 8. Perhaps then some of you can get back to basics and actually provide advice without nasty comments?

Let’s understand what happened shall we? At no point before Trompelemonde went to visit immigration had I spoken to him about visas or work permits, it was actually 2 days or so after the events took place that we spoke on the phone. In other words I bear no blame for anything. My comments to him after he had explained what had happened at immigration were that I was surprised by what they had told him because I thought that a work permit was in fact a visa, okay so I was wrong, big deal, sorry I’m no expert. I also don’t go around crucifying people either.

Have you all got that? Is it now clear? Concise? Understood?

The actual ‘advice’ that I gave to him was to get onto thaivisa immediately and seek advice/help. To those of you who provided it many thanks.

To those who suggested he ‘gets rid of a friend’ thank you for that ‘advice’ - very nice of you. For your information Trompelemonde and I served in the British Army together for over 20 years, there were times when he saved my life and I saved his. I guess that thanks to you he maybe will never talk to me again, even worse he may be planning to divorce my sister and kill the children, including the daughter with the wooden leg.

So, Gentlemen, please be more careful in future of what 'advice' you give….

[trompelemonde82]

Aye, let it be known Gerrard had better watch his back - the guns are getting oiled, the lasersights are charged and at the ready, currently on stakeout at his luxury villa, the lawyer is sorting out the divorce papers, and the kids - well that wooden leg will be getting chainsawed off for starters. Any more suggestions on how to even the score or would that just about do it? A big thumbs up to those out there who helped me see this through wiser eyes.^ _^For the majority who actually provided sound advice, thank you.

Here's the latest anyway:<b style="text-indent: 0px !important; "><br style="text-indent: 0px !important; "></b>I have the letter of employment, contract and terms of employment - they have kindly given me the same documents I took to obtain my Non B last time. The one thing I don't have is the letter requesting an extension of my visa. I believe this must come from Head Office and will try to obtain this later today (Sunday) although I am not in full time employment with them, perhaps they will provide the letter anyway so I may get the visa and then seek full time employment elsewhere, then obtain a new Non B. Does anyone know if this letter is absolutely necessary for extension of visa? It's on the list of required documents from the IO, but as we all know, this can easily change depending where you go.

Cheers.<br style="text-indent: 0px !important; ">

<br style="text-indent: 0px !important; ">