Help - End Of Work Permit, What To Do Next!

[Electra28]

Hi

I am hoping someone can help?

My dad has been working in Thailand for the last 10 years as a consultant. He found out today that they would not be renewing is contract, which finishes at the end of this month (January 2011).

He is 64, a British citizen, would like to stay in Thailand (as he has a girlfriend from Thailand), but it is very unlikely he feel find another job in there.

What happens when a work permit comes to an end?

My dad seemed to think that you had to leave the country for 3 months before being able to return - is this the case?

I wasn't sure if he could do a border run, and come back in with a tourist visa perhaps?

I do hope you can help. It would very much appreciated.

Thank you in advance.

Edited January 21, 2011 by Electra28

[beechguy]

The work permit itself isn't important, what is, is if he is on a one year "Extension of Stay" based on his employment. If so, his permission to stay will expire when his job terminates, he can apply for a 7 day extension, or leave the country and return. I have no idea where the nonsense comes from about staying out of the country 90 days, he can return immediately.

For visa options, he can make a "Visa Exempt" entry and get 15 days if entering by land, 30 days if by air. He could obtain a Tourist Visa, most likely a double entry, each entry would permit a stay of 60 days and each entry can be extended 30 days for 1900 Baht. He also could probably get a Non-immigrant "O" Visa, and apply for a one year "Extension of Stay" based on retirement, if he can meet the financial requirements, 800,000 Baht in a bank account, or 65,000 Baht per month income, or a combinaion of the two.

Edited January 21, 2011 by beechguy

[richard_smith237]

I suspect the 'having to leave for 3 months' part is untrue.

Upon termination of the Work Permit your farther can fly out and fly back in on 1 month entry (visa exempt stamp).

Or, your father can apply for a tourist visa (in another country i.e. KL or Singapore etc)...

Given the correct set of circumstances (i.e. more than 800,000 baht in a Thai Bank account for the past 3 months, or 40,000 baht per month documented income) your father should be able to apply for a retirement visa.

This is a just a couple of pointers to ease your worry. Other posters who have gone through similar processes will know significantly more on this subject...

[Electra28]

The work permit itself isn't important, what is, is if he is on a one year "Extension of Stay" based on his employment. If so, his permission to stay will expire when his job terminates, he can apply for a 7 day extension, or leave the country and return. I have no idea where the nonsense comes from about staying out of the country 90 days, he can return immediately.

For visa options, he can make a "Visa Exempt" entry and get 15 days if entering by land, 30 days if by air. He could obtain a Tourist Visa, most likely a double entry, each entry would permit a stay of 60 days and each entry can be extended 30 days for 1900 Baht. He also could probably get a Non-immigrant "O" Visa, and apply for a one year "Extension of Stay" based on retirement, if he meets those requirements.

Beechguy - thank you so much. It is great to know there are other options.

I think the nonsense about staying out of the country for 90 days, is my dads nonsense - hence why I am trying to sort things out for him.

Can I just clarify something with you - what is the visa exempt? Would this be something he applies for on returning into Thailand?

In regards to the Tourist Visa, would it be best to travel to Penang, Malaysia lets say, and then apply at the embassy there? Would if he have to apply for a Non-immigrant O Visa in Thailand or outside of Thailand?

I am sorry for all of the questions.

[lopburi3]

The above two posts provide the normal options - there is also extensions for study available. There is no requirement to leave Thailand for any period of time.

[Electra28]

I suspect the 'having to leave for 3 months' part is untrue.

Upon termination of the Work Permit your farther can fly out and fly back in on 1 month entry (visa exempt stamp).

Or, your father can apply for a tourist visa (in another country i.e. KL or Singapore etc)...

Given the correct set of circumstances (i.e. more than 800,000 baht in a Thai Bank account for the past 3 months, or 40,000 baht per month documented income) your father should be able to apply for a retirement visa.

This is a just a couple of pointers to ease your worry. Other posters who have gone through similar processes will know significantly more on this subject...

Hi Richard

Thank you very much for your response.

My sister and I did think that the having to 'leave for 3 months' was probably not true.

Is a 1 months visa exempt would many people would get when arriving in Thailand for short holiday?

Thank you for clarifying about the tourist visa.

Thank you for info on the retirement visa too.

Yes, its has eased my worries. We are all stressing here in the UK, and my dad is far too laid back!

Thank you again.

[beechguy]

The work permit itself isn't important, what is, is if he is on a one year "Extension of Stay" based on his employment. If so, his permission to stay will expire when his job terminates, he can apply for a 7 day extension, or leave the country and return. I have no idea where the nonsense comes from about staying out of the country 90 days, he can return immediately.

For visa options, he can make a "Visa Exempt" entry and get 15 days if entering by land, 30 days if by air. He could obtain a Tourist Visa, most likely a double entry, each entry would permit a stay of 60 days and each entry can be extended 30 days for 1900 Baht. He also could probably get a Non-immigrant "O" Visa, and apply for a one year "Extension of Stay" based on retirement, if he meets those requirements.

Beechguy - thank you so much. It is great to know there are other options.

I think the nonsense about staying out of the country for 90 days, is my dads nonsense - hence why I am trying to sort things out for him.

Can I just clarify something with you - what is the visa exempt? Would this be something he applies for on returning into Thailand?

In regards to the Tourist Visa, would it be best to travel to Penang, Malaysia lets say, and then apply at the embassy there? Would if he have to apply for a Non-immigrant O Visa in Thailand or outside of Thailand?

I am sorry for all of the questions.

I suspect the staying out 90 days was something someone told him, anyway it's not true. Persons from the the U.K. and 40 other countries are elgible for "Visa Exempt" entries. That simply means you are stamped permitted to stay upon arrival,15 or 30 days depending on method of entry, no visa necessary. If he met the requirements for the retirement extension it's possible he wouldn't even need to exit the country. If he did find it necessary to obtain another visa, he would apply outside of Thailand, Vientiane, Laos is a popular choce if applying for Tourist Visas.

[Mario2008]

If he has 800,000 in a bank account in Thailand for at least 3 months, he can apply for an extension of stay based on retirement when his job ends, without him needing to leave the country.

Other options are showing an income of 65,000 a month OR a combination of yearly income and money in the bank totaling 800,000. Incoem from abroad needs to be shown with a letter from the embassy.

[Electra28]

The above two posts provide the normal options - there is also extensions for study available. There is no requirement to leave Thailand for any period of time.

Thank you for your response lopburi3.

[Electra28]

The work permit itself isn't important, what is, is if he is on a one year "Extension of Stay" based on his employment. If so, his permission to stay will expire when his job terminates, he can apply for a 7 day extension, or leave the country and return. I have no idea where the nonsense comes from about staying out of the country 90 days, he can return immediately.

For visa options, he can make a "Visa Exempt" entry and get 15 days if entering by land, 30 days if by air. He could obtain a Tourist Visa, most likely a double entry, each entry would permit a stay of 60 days and each entry can be extended 30 days for 1900 Baht. He also could probably get a Non-immigrant "O" Visa, and apply for a one year "Extension of Stay" based on retirement, if he meets those requirements.

Beechguy - thank you so much. It is great to know there are other options.

I think the nonsense about staying out of the country for 90 days, is my dads nonsense - hence why I am trying to sort things out for him.

Can I just clarify something with you - what is the visa exempt? Would this be something he applies for on returning into Thailand?

In regards to the Tourist Visa, would it be best to travel to Penang, Malaysia lets say, and then apply at the embassy there? Would if he have to apply for a Non-immigrant O Visa in Thailand or outside of Thailand?

I am sorry for all of the questions.

I suspect the staying out 90 days was something someone told him, anyway it's not true. Persons from the the U.K. and 40 other countries are elgible for "Visa Exempt" entries. That simply means you are stamped permitted to stay upon arrival,15 or 30 days depending on method of entry, no visa necessary. If he met the requirements for the retirement extension it's possible he wouldn't even need to exit the country. If he did find it necessary to obtain another visa, he would apply outside of Thailand, Vientiane, Laos is a popular choce if applying for Tourist Visas.

Thank you beechguy.

I didn't think of Vientiane.

Thank you really very much for your help.

[Electra28]

If he has 800,000 in a bank account in Thailand for at least 3 months, he can apply for an extension of stay based on retirement when his job ends, without him needing to leave the country.

Other options are showing an income of 65,000 a month OR a combination of yearly income and money in the bank totaling 800,000. Incoem from abroad needs to be shown with a letter from the embassy.

Hi Mario2008 - I wanted to say thank you for your help and advice.

[MickeyM]

What about the often mentioned letter from the Labor Dept., confirming termination of the Labor Permit? Is that not necessary if the expiration date of the work permit coincides with the date the new extension visa (retirement) would begin?

[lopburi3]

Work permits are not the issue - you obtain a letter of end of employment to cancel extensions of stay. They no longer are tied to extensions of stay in any case but are for a fixed period of time.

[MickeyM]

Work permits are not the issue - you obtain a letter of end of employment to cancel extensions of stay. They no longer are tied to extensions of stay in any case but are for a fixed period of time.

OK, understand - thanks. But is the letter necessary if the expiration of the extension expires anyhow (concurrent with the conversion to retirement status)?

[lopburi3]

The letter is only required when employment ends during a valid extension of stay. But to obtain the 7 day extension to pack out immigration might require some such proof of employment end. If going directly to retirement extension of stay they might also be concerned about work status as you can not be working if on retirement. Under current system best to get a letter of employment ending if possible.

[MickeyM]

The letter is only required when employment ends during a valid extension of stay. But to obtain the 7 day extension to pack out immigration might require some such proof of employment end. If going directly to retirement extension of stay they might also be concerned about work status as you can not be working if on retirement. Under current system best to get a letter of employment ending if possible.

Thanks Much! Makes sense.

[Electra28]

The letter is only required when employment ends during a valid extension of stay. But to obtain the 7 day extension to pack out immigration might require some such proof of employment end. If going directly to retirement extension of stay they might also be concerned about work status as you can not be working if on retirement. Under current system best to get a letter of employment ending if possible.

Thanks lopburi3 - I will make sure my dad gets a letter for end of employment.

[Electra28]

The letter is only required when employment ends during a valid extension of stay. But to obtain the 7 day extension to pack out immigration might require some such proof of employment end. If going directly to retirement extension of stay they might also be concerned about work status as you can not be working if on retirement. Under current system best to get a letter of employment ending if possible.

Thanks Much! Makes sense.

Thanks MickeyM for your query. I will make sure my dad gets this letter.

[thaicbr]

Also if he has not got the funds to do a extension of stay based on retirement. Then he can go to Australia and get a long term visa 12+3 mths.

For example a non 'B'

He would need to do visa runs every 3 months but it's not so bad.. The extension is better as long as he will have the required funds EACH year.

If he has a child here i believe he can also get an extension of stay based on that . But i do not know the details.

[MrMo]

Just about 8 years ago I had the exact same situation. I do not think that the rules will have changed significantly.

I was informed I had 6 (not 7) days to leave the country OR get a 12 month retirement extension.

This entailed going to (the old) immigration in Bangkok (which was where I had worked) with the regular papers for 12 month retirement extension PLUS a certificate from the Thai tax authorities acknowledging that I had paid all taxes.

The tax certificate so happenned to arrive unsolicited at the office on the day I was going to see the Bangkok lawyer who was to guide me through. I do not know what you need to do get one issued. Its issuance may well have been instigated by the business / accounting consultancy firm the company used in Bangkok

The Bangkok lawyer did cost a few thousand but nowhere near what a trip out of the country and applying for a new non-Imm O (or O-A) would have cost.

The whole thing with the lawyer took less than 15 minutes at the immigration office.

If you are interest in the lawyer's contact details, respond to this.

Good luck

[MrMo]

One other point on the work permit.

I was advised by the lawyer that the work permit should be CANCELLED. This was done at what then was known as the OneStop Work Permit office; do not know whether this still operates. It should have been done by the companies business consultants but was not. All they did was deregister me from the list of foreign workers in the company.

If it was was not cancelled, any opportunity to take on any further work in the country would be hampered to the extent that it would be necessary to attend a court for not having cancelled it. Apparently, just paying a fine would not be permitted.

[lopburi3]

The rules have changed and there is no time to leave unless you apply for an extension of stay at 1,900 baht.

[Arkady]

There are two other options. He can get a visa based on investment of more than B10 million in approved investments for at least 3 years, including condos. He could also marry the girlfriend and get O visa extensions based on marriage to a Thai citizen with a 50% discount on the financial requirements for retirement extensions. These two both have the advantage that you can work on them legally which is not the case for tourist or retirement visas but he should check out the various threads on expat retirees murdered by their Thai wives before doing anything irrevocable on the marriage front.

[biloutte]

Hello lol big headhache here

easy he goes Nongkay go laos thai embassady he as for multi journey means 6 month 2x3month just ask wll because you need to go immigration after 2 month pay 1900 bath after 1 month go on border

in this tim why not if he want marry he have time for find good solution for him stay quite me now i stay i thailad around 3 years like that

for others the best tell him to go see lawyer they know well for that and you will be cool they take care all paper for you

can make little compnay or others

is very easy to do that but if we don t know we follow others we got big problem

best for your father

fred

[jfchandler]

Mario, since the OP's father has NOT already been on a retirement-based visa or extension, were he to apply for one now for the first time, wouldn't he only have to have his 800,000 baht in the bank for TWO months prior (because it's his initial application), not the three months prior that would apply in subsequent years?

And of course, just so the OP knows, if the father were to use the combination of Thai bank deposits and income (from any documentable source inside or outside Thailand) to qualify for a retirement extension of stay, then there is no "seasoning" requirement for the bank funds in that case...

Only where the applicant is relying on Thai bank deposits exclusively to satisfy their financial requirement.

If he has 800,000 in a bank account in Thailand for at least 3 months, he can apply for an extension of stay based on retirement when his job ends, without him needing to leave the country.

Other options are showing an income of 65,000 a month OR a combination of yearly income and money in the bank totaling 800,000. Incoem from abroad needs to be shown with a letter from the embassy.

[Mario2008]

Mario, since the OP's father has NOT already been on a retirement-based visa or extension, were he to apply for one now for the first time, wouldn't he only have to have his 800,000 baht in the bank for TWO months prior (because it's his initial application), not the three months prior that would apply in subsequent years?

And of course, just so the OP knows, if the father were to use the combination of Thai bank deposits and income (from any documentable source inside or outside Thailand) to qualify for a retirement extension of stay, then there is no "seasoning" requirement for the bank funds in that case...

Only where the applicant is relying on Thai bank deposits exclusively to satisfy their financial requirement.

The probem is that it isn't his first extesion, only hs first extension of stay based on retirement. In that case I'm not sure how immigration will interpret the rule and it is better to have the money there for 3 months instead of 2. Better safe than sorry.

[jfchandler]

Richard, I think you're mixing amounts here...

The 800,000 baht amount in a Thai bank applies to retirement extensions of stay, two month prior on the first application and 3 months prior on all subsequent applications.

The 400,000 baht in a Thai bank or 40,000 baht per month income applies to extensions of stay based on marriage to a Thai citizen. Although in this case, the OP's father apparently is not married to a Thai citizen, so that wouldn't be available to him...at least at present.

Given the correct set of circumstances (i.e. more than 800,000 baht in a Thai Bank account for the past 3 months, or 40,000 baht per month documented income) your father should be able to apply for a retirement visa.

[jfchandler]

Mario, I always wondered about that issue... I had always interpreted the meaning to be a person's first retirement extension....

If the applicant had some other kind of extension previously, such as for employment, I don't know... would Immigration apply the two month or three month rule for bank deposits re his first retirement extension...

It's an interesting question... I can't recall anyone having addressed it here before (in my brief memory...)

The probem is that it isn't his first extension, only hs first extension of stay based on retirement. In that case I'm not sure how immigration will interpret the rule and it is better to have the money there for 3 months instead of 2. Better safe than sorry.

[tombkk]

What about the often mentioned letter from the Labor Dept., confirming termination of the Labor Permit? Is that not necessary if the expiration date of the work permit coincides with the date the new extension visa (retirement) would begin?

When the employment ends, you do not need a letter from the Labour Department saying so. You need a letter from the company.

In addition, you need a copy of the latest PND 1 (the company's monthly income tax report) to show that the taxes were paid.

These documents you take to immigration (not the labour department) to cancel your extension of stay. There is no need to cancel the work permit at the labour department.

This is my experience from about two months ago. This was at the One-Stop, but the only difference is that everything is under one roof, while you'd otherwise have to criss-cross the city. The law remains the same.

[Electra28]

There are two other options. He can get a visa based on investment of more than B10 million in approved investments for at least 3 years, including condos. He could also marry the girlfriend and get O visa extensions based on marriage to a Thai citizen with a 50% discount on the financial requirements for retirement extensions. These two both have the advantage that you can work on them legally which is not the case for tourist or retirement visas but he should check out the various threads on expat retirees murdered by their Thai wives before doing anything irrevocable on the marriage front.

Thank you Arkady for your response. Haha - I am doing everything possible to make sure my dad does not become a victim of marriage like that. I like to think she knows that I am keeping a close eye.