Has This Non-B (Multi-Entry) Visa Been Canceled?

[zaphodbeeblebrox]

I'm legal counsel for an MNC (BOI company) which employs a lot of foreign workers. I have a foreign worker who is going through the work permit application process now. She was issued a non-B (multi-entry) in the UK which was set to expire on February 22. Last week, she took a trip to Myanmar, and when she returned, the airport immigration agent told her that she would be better off getting a 30-day waiver stamp, rather than continuing with her non-B. So, she got the waiver stamp which now gives her permission to stay until March 3.

So, my question is, whether I will be able to get her a work permit, as her non-B might have been canceled when she got the 30-day waiver? I should have a BOI letter of approval for her work permit and extension of stay on February 14 and am planning to submit her application to immigration and employment (1-stop shop) on February 16.

[lopburi3]

I can not understand this action and believe there must be something amiss - are you sure she had a multi entry non immigrant B visa that did not expire until 22 February? The only reason for Immigration to say that would be if she had an extension of stay/re-entry permit that expired on that date so a 30 day visa exempt entry provided a longer stay if not able to extend again. In any case the non immigrant visa entry has been lost but if using One-stop they may be able to change entry if indeed she did have a valid visa. If not she would have to obtain a new non immigrant visa entry after application for work permit is made.

[zaphodbeeblebrox]

I can not understand this action and believe there must be something amiss - are you sure she had a multi entry non immigrant B visa that did not expire until 22 February? The only reason for Immigration to say that would be if she had an extension of stay/re-entry permit that expired on that date so a 30 day visa exempt entry provided a longer stay if not able to extend again. In any case the non immigrant visa entry has been lost but if using One-stop they may be able to change entry if indeed she did have a valid visa. If not she would have to obtain a new non immigrant visa entry after application for work permit is made.

Yes, that's correct. Sorry, I wasn't clearer. Her multi-entry (as well as her visa) expired on February 22, so the immigration agent thought she was doing her a favor by giving her a longer extension of stay. I can't see how BOI will issue a work permit if the non-B is lost. I've never been able to get immigration at the one-stop shop to do a visa conversion, so it means I need to send her out of country for a new Non-B.

Edited February 7, 2012 by zaphodbeeblebrox

[lopburi3]

Her multi-entry (as well as her visa)

There are not two items if a visa - only if an extension of stay would there be the extension and the re-entry permit which would both have the same expiration date. It appears she did not have a multi entry visa 90 day entry but an extension of stay if that is the case and immigration was correct, not knowing she needed to keep the non immigrant entry for a new job.

[joepublic]

Her multi-entry (as well as her visa)

There are not two items if a visa - only if an extension of stay would there be the extension and the re-entry permit which would both have the same expiration date. It appears she did not have a multi entry visa 90 day entry but an extension of stay if that is the case and immigration was correct, not knowing she needed to keep the non immigrant entry for a new job.

Actually, she was at the end of a 1 year non-B multi-entry visa (expiration date February 22). This is someone who travels frequently for my company, and, in fact, already had to get a new passport because of all the visa stamps. Nevertheless, I think I understand what I need to do. Try to get BOI to accept her visa waiver, on the basis of having a Non-B that was supposed to run until February 22. If they won't do that, try to get a conversion at immigration at the one-stop shop. Failing that, send her out of country for a new Non-B.

[bobl]

I'm a little bit confused...Can't you squeeze a "bonus" 90 days out of a 1 year multi entry visa, if you do a border run just before it expires? I'm wondering why they didn't activate a 90 days entry...

[Maestro]

I have a feeling that the OP does not distinguish clearly between visa expiration date and expiration date of permission to stay, as it is unlikely for the two to be identical. He might benefit from reading this: http://www.immigrati...axpiredate.html

If his permission to stay was an extension of of stay expiring on 22 FEB and he had a re-entry permit, then the expiration of the the re-entry permit would, as Lopburi said, have been the same as the expiration of his permission to stay, and being staped in on the basis of the re-entry permit he would have received permission to stay only until 22 FEB. We don't know if this would have been long enough to get the work permit.

[wayned]

I think that what bobl and I are confused about is that if she exited and reentered on a multiple entry Non-B before the expiration date of the visa, why wasn't she granted 90 days? Nowhwere does it say that she was on an extension of stay with a rentry permit.

[zaphodbeeblebrox]

Sorry about the confusion. There is no extension of stay. She received a one year, multi-entry, non-B in the UK on February 23, 2011, so it expires on February 22. I am a pretty seasoned BOI vet, so I understand the process. We already have a letter of approval for her position. There was a delay in submitting her 1.2 application as a foreign worker to fill the position. This was due to the fact that she was in the UK quite a bit, and we were considering not having her continue working in Bangkok.

We are submitting our 1.2 application tomorrow to the BOI. It takes 5 working days to get the letter of approval, so there is adequate time for her to get her extension of stay and work permit at the one-stop shop.

Lopburi seemed to have it right, that the airport immigration officer canceled her non-B by giving her a 30-day visa waiver on arrival. I think my best bet is to show BOI the 1 year non-B visa and explain that the airport official thought she was doing her a favor by giving her a visa that would allow her to stay until March 3 as had she given her the re-entry non-B visa, it would have expired on February 22.

[lopburi3]

The thing is it would not have expired - she would have received a 90 day entry. Chiang Watanna should have no trouble changing the entry if it was done in error as her valid visa would have provided a 90 day stay - you do not have to leave when a visa expires - only when your permitted to stay time is reached.

[Mario2008]

She can try to have it corrected at either CW or the one Stop Service, unless the visa itself has been marked as canceled it will just be a wrong entry stamp that can be corrected.

[zaphodbeeblebrox]

She can try to have it corrected at either CW or the one Stop Service, unless the visa itself has been marked as canceled it will just be a wrong entry stamp that can be corrected.

Nice. If BOI won't accept her 1.2 application tomorrow, I'll go to the immigration counter and ask that the visa be corrected. It has not been marked as canceled. Appreciate the help Mario.

[siam2007]

Her multi-entry (as well as her visa)

There are not two items if a visa - only if an extension of stay would there be the extension and the re-entry permit which would both have the same expiration date. It appears she did not have a multi entry visa 90 day entry but an extension of stay if that is the case and immigration was correct, not knowing she needed to keep the non immigrant entry for a new job.

Actually, she was at the end of a 1 year non-B multi-entry visa (expiration date February 22). This is someone who travels frequently for my company, and, in fact, already had to get a new passport because of all the visa stamps. Nevertheless, I think I understand what I need to do. Try to get BOI to accept her visa waiver, on the basis of having a Non-B that was supposed to run until February 22. If they won't do that, try to get a conversion at immigration at the one-stop shop. Failing that, send her out of country for a new Non-B.

so she received her non-immi-B just for the purpose of frequent travels around Asia ? Did she actually have a work permit or will she apply for one ? or is the Visa only meant for more convenient traveling between many countries (when based in BKK) without the need to carry onward tickets as u have to on a 30-day-Visa-exempt stay ?

my case is similar. I have spent near to 90 pages in 2 passports within 5 years (I even carry 2 legal valid passports at the same time due to that) just on traveling and always had a multiple-non-immi-B which since late 2011 are virtually extinct.

But if I don't have one, it is almost impossible to fulfill my duties. I never know before how long I will be staying in Thailand where is my home base, and how long in other countries in ASEAN.

I am doing some marketing for Thailand-based hospitality and tourism business too, but that is on an ad-hoc basis.

I have a registered business in my home country in Europe. But I don't think I can write a "sponsorship-letter" for myself, isn't it ?

Do I have any options nowadays ? no chance to get a multiple B for what it REALLY is needed for "business investigation purposes" for many Asia based (including Thailand) businesses. I am traveling in and out of the country 15-20 times per year, my passports show it clearly

Edited February 18, 2012 by siam2007