New Visa / Wp Laws?

[350LC]

I had heard that the laws on changing a work permit to another employer had changed and that we now must get a new visa from outside of Thailand. However, I have just been told that we can no longer get a new non B by just crossing the border (eg Laos or Penang).

Apparently these are new changes in the law.

Anyone have any further information on this as the immigration website has nothing (in English)?

Thanks in advance.

[Mario2008]

You are not very clear.

It is for many years so that if you lose your employement, you must cancel your work permit and permission to stay (if on an extension of stay). Immigration can than give you 7 days to leave the country for 1,900 baht. If you cannot find a new employer and get a new work permit within those 7 days, you have to leave the country and apply for a new visa abroad.

You can never get a new visa by just crossing the border and coming back. Only if you have a valid multiple non-B visa would you get a new 90 day permision to stay by leaving and re-entering..

[350LC]

Sorry, I wrote in a bit of a rush. By crossing the border, I meant going to the embassy in Laos / Penang, getting a new visa, and then coming straight back.

Immigration can than give you 7 days to leave the country for 1,900 baht. If you cannot find a new employer and get a new work permit within those 7 days, you have to leave the country and apply for a new visa abroad.

That was what I had read and how I understood it to be. However, we have been told that this is no longer allowed; to get a work permit for a different employer, you must get a new visa (from outside of Thailand) and start over.

We have also been told that we can no longer send people to Laos or Penang to get a non B. In the past we have had people arrive on a tourist visa and we have sent them to Penang to get the non B. Apparently, this too is no longer allowed.

It seems a very strange thing to do given the amount of foreign teachers they want to work here, but I have had the same story from 3 different schools in the South (new laws last month they tell me). Seems odd that no-one else has mentioned it.

[Mario2008]

And where should peope then get a new visa?

Told by who?

"laws" from who?

[350LC]

Search me! I am in the process of changing schools and this is what I have been told I must do.

Teachers council has confirmed this to my boss. I can not see any mention of it on the immigration website or Thai embassy website. But if true, then it makes no sense at all - hense my wanting to confirm it on here. I can only repeat what I have been told, but if they have got it all wrong then I want to set em straight before chaos break out in our office.

I'm fortunate in that I already have a return flight booked home, so if needed I can get a new visa then, but we have always sent people to Penang to get a new visa without issue, my boss is adamant we can no longer do that.

[lopburi3]

Perhaps they now want to see the same paperwork required of other non immigrant B applicants; a receipt for a work permit application, which often was not required for teachers in the past?

[TerryLH]

"...my boss is adamant we can no longer do that."

Could it be that the consulate has an issue with your school? Bad paperwork, or whatever?

[Gone]

Mario has already told you the laws and they are in no way new.

You have never been able to just change employers and get a new WP. In fact you cannot even teach as "substitute teacher" in another school unless that school is already on your present WP even if it's the same name school just another location.

As far as your boss telling you the laws, unless he is a labor lawyer and up-dated on the laws as they change I would not take his advice. Just talk to a labor lawyer and they will tell you the rules for free and are usually VERY helpful.

Over many years different Thai Consulates have changed as being "the easiest one to obtain visas" etc. Many years ago Penang was the place to go. Before that it was Singapore, then PP Cambodia, then Lao (Vientiane) then Savhannaket etc. etc.

If you change jobs it's very simple, cancel your work permit, leave the country that day (unless you pay the 1900 for 7 days) get a new Non-B (if you are lucky enough to have all the paper-work from your new employer) and then come back and have them apply for your new WP.

Nothing new here mate.

[350LC]

Thanks for the replies.

As nobody has confirmed what the schools here are reporting then I think what lopburi3 states is more likely the true story - correct paperwork needed but schools can't / don't want to deliver. I expect the work permit document is the key here (for teachers).

There are a number of people moving between schools here this term, so it's a big issue. In the past, it has been possible (by whatever means) to do everything without needing to leave the country. I guess we are just catching up with what for most is the norm.

Thanks again.

[350LC]

Eventually got to the bottom of these "new laws". As stated above, nothing has changed (law wise), the problem, I am told, is getting the WP3 form.

Can't get WP3 without starting the teacher license process, can't start the teacher license stuff without a non b.... can't get the non b without the WP3. chicken and egg it seems.

[digitalchromakey]

Eventually got to the bottom of these "new laws". As stated above, nothing has changed (law wise), the problem, I am told, is getting the WP3 form.

Can't get WP3 without starting the teacher license process, can't start the teacher license stuff without a non b.... can't get the non b without the WP3. chicken and egg it seems.

Your employer can file a WP3 Work Permit application without a non immigrant B visa - you only need the non immigrant B visa/90 day entry stamp to finally pick up the work permit itself.

Certainly the teaching license will be required for the Work Permit issue, but as you can make a WP3 application awaiting the actual non B visa - then surely, similarly, Labour could conditionallly accept the WP3 application awaiting supply of the Teaching Licence if it too is dependant on the non B and annotate the WP3 receipt accordingly?

Do you have this direct from Labour or is this what your prospective new employer is telling you?

1. If your employer is telling you this, then maybe you should go down to Labour with a Thai speaker and check for yourself.
   
2. If you do have this direct from Labour then go back there with a Thai speaker/representative from your new employer, along with a nice smile and then explain your specfic situation; the section head migt be preapred to make some calls to the other departments involved to work out a way forward.
   

[350LC]

then surely, similarly, Labour could conditionallly accept the WP3 application awaiting supply of the Teaching Licence if it too is dependant on the non B and annotate the WP3 receipt accordingly?

that would involve thought and forward planning, we don't have those yet down here. It's my current employer, prospective employer, plus 2 other schools telling me this. Apparently its a no no without the TL, and MOE will poo poo the TL without the non b.

I suspect its either someone with the wrong end of the wrong stick, orsomebody wanting to create a lot of work that the schools will not want to get involved in. In my case, go home, get a new visa, and return to square 1 (do not pass go and do not collect £200).

[bapak]

We are a language schook..

Our recent experience of 2 teachers going for B Visa, 1 to Penang and 1 to Vietianne...

Previously both Consulates only required a letter from the school with employment details.

They now had to have:

Letter from school with copy of of the school licence;

A copy of the teacher 's employment contract;

Letter from the Education Department addressed to the particular consulate saying thay they approved to school to employ the foreign teacher.

Following entry to Thailand with the B Visa, then go to Labour, withthe required documentation) for the Work Permit.