Resignation Before Starting To Work >> Work Permit + B-Visa Cancellation?

[whitebanana]

Hi forum members,

I browsed through this very helpful forum and read many posts concern resignation, work permit cancellation, B-visa cancellation. My case is slightly different from what I have understood so far, so I post my question as the advice may be slightly different too.

I got a job offer and applied for B-visa end November (got it overseas). It is non-immigrant B, single entry, valid 3 months.

The company then applied for a work permit, which I went to collect on 23rd december. The company had decided to make me start working tomorrow 4th January. I have not signed any contract. For some reasons I decided not to take this job, so I informed the company last Thursday, but the Managers were on leave, so I could not clarify and return the work permit that day.

Now by reading some of the posts, and knowing the company may not be reliable, I wonder whether I should return the work permit to the company, or cancel it myself?

Also, for the non-B single entry visa that I got to apply for the work permit, do I need to cancel it myself, or will the company do it, or should I simply go overseas for visa run and come back with a temporary visa?

Should I leave Thailand the day I return the work permit, or is it 24 hours? I know the 7 days extension for 1,900THB - but doubt this is very cost-effective...

Your advice is much appreciated. Thanks a lot in advance.

[lopburi3]

You are on a 90 day visa entry and that has no effect - you can continue to stay until that time is up or leave any time you like. The work permit should probably be returned to keep it from appearing later if you try to obtain another. I would do this myself or with company to make sure it gets done.

[Lite Beer]

As said your Visa is not affected.

[whitebanana]

Thank you for your replies.

The 3-month B-visa I am currently holding was sponsored by the company (the company made the bunch of documents and sent me overseas to apply for it). They do not have the authority to cancel it? (was not extended as you understood it).

[Mario2008]

No, they can not cancel it.

Only an extension of stay based on employment would become invalid if you lose your job. The original entry is not affected by losing your job.

[whitebanana]

Oh that's great news!

How about applying for a new work permit, for another company. Once the former work permit has been cancelled, can a new employer apply for a new work permit under this previous non B-visa?

Or the visa needs to be cancelled and redone under the new employer's sponsor to apply for the new work permit?

[Mario2008]

Yes, if you find a new employer you can get a new work permit on your current entry on a non-B visa.

That is why it is important to cancel your current WP.

[whitebanana]

Yes, if you find a new employer you can get a new work permit on your current entry on a non-B visa.

That is why it is important to cancel your current WP.

Thank you Mario! This is very helpful.

I have a last question regarding WP cancellation process. Shall I :

- simply return it to the company and let them do it (hoping they really do it!)

- or ask them to prepare documents for me to do it myself

- or ask staff to come along with me to ensure it is done?

Thanks so much for your insight!

[Mario2008]

Just get a letter from your employer, stating that you will not start working for them and bring it to the labor office.

[whitebanana]

I called the immigration to double check about visa status.

Now the officer in Chaeng Wattana says I need to go there with documents from company (CEO ID + letter saying I stop working) to cancel my visa (extension or not). No need to cancel work permit as it becomes useless once I leave the country.

I am sure that the ministry of labour will still have a different version...

[Mario2008]

The officer is mistaken, it is only required when you are on an extension of stay.

From immigration website:

Attention

If the alien granting extension of stay permit in The Kingdom for the reason of working at a business company/organization etc., resigns from such company / organization, his/her stay permit will be immediately terminated. As a consequence, The stay permit of his/her dependents will be terminated as well. Work Permit and Stay Permit must be revoked by competent officials.

http://bangkok.immigration.go.th/en/base.php

It clearly says when on extension of stay, as is the experience of many of our members.

[whitebanana]

The officer is mistaken, it is only required when you are on an extension of stay.

From immigration website:

Attention

If the alien granting extension of stay permit in The Kingdom for the reason of working at a business company/organization etc., resigns from such company / organization, his/her stay permit will be immediately terminated. As a consequence, The stay permit of his/her dependents will be terminated as well. Work Permit and Stay Permit must be revoked by competent officials.

http://bangkok.immig....th/en/base.php

It clearly says when on extension of stay, as is the experience of many of our members.

You are right the officer (a young man) seemed very unsure and had to go ask his colleagues several times. In the end he even said better to go to Chaeng Wattana first to enquire about the necessary documents, before asking the company to submit.

So the right procedure in my case (no extension given) would be to have the company cancel the work permit so a new employer can apply for a new one, on the same 3-month single entry visa (sponsored by the previous company)?

Seems a bit too easy in this land of far-fetched procedures

Thanks Mario for your very kind replies

[Mario2008]

It really is that easy. The nightmare starts when one is on an extension of stay.

[whitebanana]

It really is that easy. The nightmare starts when one is on an extension of stay.

Received this link: (URL REMOVED)

((Reported Attack Page!

This web page at EDIT has been reported as an attack page and has been blocked based on your security preferences.

Attack pages try to install programs that steal private information, use your computer to attack others, or damage your system.Some attack pages intentionally distribute harmful software, but many are compromised without the knowledge or permission of their owners.))

which mentions (effective 2008) what the officer told me on the phone.

EMPLOYMENT

WORK PERMIT CANCELLATION

Effective this month the Employment Department no longer requires companies to report the last official working day of expatriate employees and the expatriate employee is not required to return his/her work permit booklet to the Employment Department. The booklet can simply be keep by the expatriate for his/her records. However, the Immigration Department still requires cancellation of the employee's non-immigrant work visa and the visas for any dependant family members.

IMMIGRATION

EMPLOYMENT VISA CANCELLATION Due to the fact that the Employment Department no longer requires the cancellation of work permits, the Immigration Department has changed the procedure for the cancellation of a work permit holder's employment visa and for the dependant visas of his/her family members. When an expatriate employee's work is terminated, the company must issue a letter confirming the cancellation of employment. The employee must present such letter to the Immigration Department to be used for the cancellation of his visa and the visas of all dependant family members. The employee and family members must make the cancellation in person at the Immigration Department and the cancellation must be made exactly on the employee's last official working day. In the case that the last working day is a holiday or weekend the employee will need to make the cancellation on the last government working day before the holiday or weekend. Upon cancellation, in order to remain in Thailand, the work visa holder and his/her dependants must apply for a visa extension. The Immigration Department will grant a 7-day temporary visa extension. The fee for the extension is Baht 1,900 per person. Employment visa holders need to be aware that once their company sets a last official working day, their visa must be cancelled. The visa cancellation must be reported even if the visa still remains valid beyond the last day of employment. If a visa holder continues to use this employment visa after the last official day of work (the date when the company stops paying salary in Thailand), he/she will be breaking the Immigration Department rules. Persons using such visas after the last official working day could encounter problems if they remain in or return to Thailand. If by examining the passport the Immigration Department discovers that the visa was not properly cancelled and was still used, the visa holder would be liable to pay a fine for overstay before he/she could obtain a new visa.

The thruth is... elsewhere?

[lopburi3]

Read "work extensions of stay" where it says "work visas". There is not such thing as a work visa.

[whitebanana]

Read "work extensions of stay" where it says "work visas". There is not such thing as a work visa.

For Thai immigration officers, "work visa" refers to non-B visas that were issued and used for applying for work permit to officially be hired by companies in Thailand.

As opposed, for instance, to non-B visas that you received for conducting work/consulting/short assignment in Thailand as part of your job from an overseas company.

[lopburi3]

It refers to extensions of stay for work. Such extensions of stay can be from non immigrant B or O visa entries. It is the extension of stay that must be canceled.

[whitebanana]

sorry for the link - did not expect it to have 'attack' on a law consulting webpage

I fully understand what has been said about the extension cancellation. I trust it had been the standard with the work-permit cancellation in the past.

But with this new rule of visa cancellation, instead of work permit cancellation, I imagine the officer in front will clearly follow the usual procedure and cancel whatever visa appears on the passport - regardless of extension.

As the 'young immigration officer' reported it: you got this visa for work - if you don't work anymore you cannot stay under the visa and must leave country same day

Told him I got the work permit but not worked yet - he insisted I have to get a letter from company stating my last day of work (which never started).

It seems this case was too complex to figure out

[Colabamumbai]

I would return the work permit yourself and get a receipt that it has been returned, this is advice I have received, and the best to believed. You cannot believe that your employer will return it, and if he does in how many months.