Work Permit Canceled, Must Leave Thailand!

[jpp2bkk]

Hi all,

I'm currently working in a company in Bkk since ten years +, my employment will be terminated at the end of June, apparently I have to leave within the next 24 hours after work permit and yearly extension of stay are canceled.

I'm divorced from a Thai wife but we have a 13 years old daughter, I would like to apply for a 1 year non O based on supporting my Thai daughter with the 400k on my account. Can I do it directly somewhere or should I get a 3 month non O first?

Thank you for your feedback.

Laurent, French, 47 years old.

[Johnniey]

What is the date on your visa?

Once I left a job with 10 months left on my visa. Some people tried to tell me that I had to leave the country withing 7 days.

The Ministry of Labour cannot change the visa stamp!!!! They never even used to contact immigration.

A year or so later I went for a new work permit with a new job. Simple - the dept of labour made me got to the local police station - 1500 baht fine.

One more thing if you have a daughter - they cannot deny you entry to Thailand, unless you have comitted a criminal offence.

[lopburi3]

Actually I am sure he is on an extension of stay for employment and it will end the day his employment ends and there is no longer an automatic 7 days to depart unless BOI company served by one stop center. He is then required to visit immigration with a letter stating work ending and cancel his extension of stay. He can then apply for 7 days extension of stay. In his case they might approve a 60 day extension of stay to visit child (but that may be subject to his current relationship to child/mother).

[PoorSucker]

Are you living together with your daughter and have sole custody?

If that's the case you can apply for 1 year extension of stay based on that.

[jpp2bkk]

Thank you guys for your answers.

Yes I'm on an yearly extension of stay, the visa will finish mid August 2012. The company wants to terminate my employment end of June, HR told me that by law they are obliged to cancel the visa in the same time as the work permit both done at One Stop Cervice Center. As I understand the cancelation will be done by a third company who is taking care about all legal issue for foreigner staff, so I will not visit the immigration personaly.

My daughter is living with her mother, our relation is completely normal so no issue if need help from her and I still taking care of the education costs for our child.

I just would like to get the one year Non O visa justified by the 400k in my bank account.

Thank you again for your feedbacks.

[Mario2008]

At the One Stop Service Center they will give you 7 days to leave the country.

Within those 7 days you can apply for an extension of stay at the regular immigration office at Cheang Wattana road. I suggest contacting them (and not the One Stop Service, as they only deal with extension of stay based on employement) before hand to see if you qulaify and which docuemtns you need to show for an extebsion of stay based on having a Thai child.

[Sophon]

You are mixing terms for visas and extensions, so it's not very clear (at least to me) what it is you want to do.

Yes I am on an yearly extension of stay, the visa will finish mid August 2012, the company wants to terminate my employment end of June, HR told me that thay are obliged by law to cancel the visa at the same time the work permit is canceled.

If you are on a extension of stay, it's the extension that will finish in mid August - not the visa. An extension is not a visa.

And it is not only the company that are legally obligated to cancel the work permit, you yourself is also obligated to make sure the extension is cancelled. Even if the extension is not cancelled, you will be on overstay from the day you stop work unless you leave Thailand or get a new extension.

My daughter is leaving with her mother, but our relation is perfectly normal, so no issue to get help from her and I still taking care for the education costs.

I would just get the 1 year Non O justifying the 400k in my bank account.

This is where it gets confusing. Are you planning to get?:

1. A 1 year multiple entry Non Immigrant O visa from a Thai consulate outside Thailand.

2. A new 1 year extension based on suporting you daughter from an Immigration (this is not a 1 year Non O)

If 1 then you may not need 400k in your bank account (deending on which consulate you go to), but from the reports here on TV I believe you are also unlikely to get a 1 year visa - at least from any of the neighboring countries.

If 2 then I'm not sure you qualify for an extension. I think that you will need to be living with your daughter and have sole custody (hence Poorsuckers questions in post 4) in order to qualify. From the thinking of immigration you do not need to be in Thailand to support her financially. However, I am not in your situation myself so have not really kept up with the rules for visas/extension based on support of child, so I may be mistaken. If so the experts will no doubt repute what I have just stated.

Sophon

PS! When ThaiVisa "hangs" after posting a post, most of the time the post has been posted anyway. So I find it best to copy what I have just written (in case it didn't post), and back out and check the thread again. That way you don't end up posting the same thing six times.

Edited June 12, 2012 by Sophon

[Kan Win]

PS! When ThaiVisa "hangs" after posting a post, most of the time the post has been posted anyway. So I find it best to copy what I have just written (in case it didn't post), and back out and check the thread again. That way you don't end up posting the same thing six times.

Good point 'Sophon',

However that does not solve the OP's problems, does it, nor ours that have to say "opps double post" time and time again, not me, but other posters.

Please take it up in the Support Forum, better still I will

Win  

[jpp2bkk]

Thanks a lots all for your answers. I will contact immigration at Cheang Wattana as Mario2008 mention.

It's frustrating that after paying taxes (for nothing) for more than ten years, you are still not authorised to stay with your family as you wish.

[Soutpeel]

Thanks a lots all for your answers. I will contact immigration at Cheang Wattana as Mario2008 mention.

It's frustrating that after paying taxes (for nothing) for more than ten years, you are still not authorised to stay with your family as you wish.

In the 10 years you could have applied for PR, chances are you would have qualfied...you have been paying tax, been on a WP for 3 years etc etc, further you have 3 years to a retirement visa, so why not get an Ed visa until you hit 50. ?

Edited June 12, 2012 by Soutpeel

[Sophon]

PS! When ThaiVisa "hangs" after posting a post, most of the time the post has been posted anyway. So I find it best to copy what I have just written (in case it didn't post), and back out and check the thread again. That way you don't end up posting the same thing six times.

Good point 'Sophon',

However that does not solve the OP's problems, does it, nor ours that have to say "opps double post" time and time again, not me, but other posters.

Please take it up in the Support Forum, better still I will

Win

It doesnt solve the OP's visa problems no, but it would have prevented him from posting the same post six times (five of which has since been cleaned up). And if the same post isn't posted multiple times, why would anyone have to say "opps double post"?

Sophon

[Danielsiam]

One more thing if you have a daughter - they cannot deny you entry to Thailand, unless you have comitted a criminal offence.

Sorry, just curious and interest... I've child also in Thailand, what do you mean exactly ?

by the

" if you have a daughter, they cannot deny you entry to Thailand, unless you have comitted a criminal offence. "

Can't be blacklisted of Thailand easy ?

Can get all the time and repetitive non "O" visa based on child ?

..

Thanks

Edited June 12, 2012 by Danielsiam

[Mario2008]

No problem getting blacklisted, but it is easier to get a non-O visa repetively.

[KunMatt]

One more thing if you have a daughter - they cannot deny you entry to Thailand, unless you have comitted a criminal offence.

Sorry, just curious and interest... I've child also in Thailand, what do you mean exactly ?

by the

" if you have a daughter, they cannot deny you entry to Thailand, unless you have comitted a criminal offence. "

Can't be blacklisted of Thailand easy ?

Can get all the time and repetitive non "O" visa based on child ?

..

Thanks

Yeah, I'd also like someone to expand on this as I've been denied boarding to Thailand in the past for not holding ongoing travel arrangements. If having a child guarantees that immigration will not deny entry into Thailand then this could save me a lot of wasted money on cancelled flights.

[lopburi3]

You must have visa or visa exempt status to enter Thailand - having a child or wife does not change that in any way and does not provide either - it only provides a reason for non immigrant visa issue. For visa exempt entry that means onward transportation and airlines will want a flight ticket proof in some cases.

[p_brownstone]

One more thing if you have a daughter - they cannot deny you entry to Thailand, unless you have comitted a criminal offence.

Sorry, just curious and interest... I've child also in Thailand, what do you mean exactly ?

by the

" if you have a daughter, they cannot deny you entry to Thailand, unless you have comitted a criminal offence. "

Can't be blacklisted of Thailand easy ?

Can get all the time and repetitive non "O" visa based on child ?

..

Thanks

Yeah, I'd also like someone to expand on this as I've been denied boarding to Thailand in the past for not holding ongoing travel arrangements. If having a child guarantees that immigration will not deny entry into Thailand then this could save me a lot of wasted money on cancelled flights.

You were denied Boarding by the Airline because you did not have a ticket out of Thailand and, on that basis alone you could have been denied entry into Thailand by Thai Immigration. (The Airline is responsible for the cost of returning a passenger refused entry, that's why they check).

I am not at all sure about the claim that simply by having a child in Thailand Immigration can not deny you entry - frankly I doubt that but I am open to correction.

Even if that is correct the Airline staff have to follow a strict procedure and cannot be expected to know the ins and outs of Thai Immigration law and any special exceptions.

Patrick

[Mario2008]

There is no right of entry, unless you are a Thai national.

The only thing having a Thai child makes it easier to do is getting a non-immigrant visa.

[camerata]

It's frustrating that after paying taxes (for nothing) for more than ten years, you are still not authorised to stay with your family as you wish.

BTW, few people know this but you can go and ask for reimbursement of all your Prakan Sangkhom (social security) contributions. You'll be able to get all the contributions plus interest up till the end of the previous year pretty quickly, but for this year's contributions you'll have to wait until next year. You will automatically be covered for another 6 months for free. You can then start paying your own contributions if you want, and if you are still unemployed.

[samran]

Thanks a lots all for your answers. I will contact immigration at Cheang Wattana as Mario2008 mention.

It's frustrating that after paying taxes (for nothing) for more than ten years, you are still not authorised to stay with your family as you wish.

In the 10 years you could have applied for PR, chances are you would have qualfied...you have been paying tax, been on a WP for 3 years etc etc, further you have 3 years to a retirement visa, so why not get an Ed visa until you hit 50. ?

Back of my mind, if the OP can wangle it, is to try and continue on (somehow) with a non-immigrant visa. At least then he'd be on a continuous extension of stay (so to speak) which would potentially keep him qualified at the end of the year to apply for PR, which as this episode shows, is probably a prudent measure.

[jpp2bkk]

Just to say that Sunbelt refuse to provide service for non O visa based on supporting Thai child, pretending they never did that before!!

[Mario2008]

Just to say that Sunbelt refuse to provide service for non O visa based on supporting Thai child, pretending they never did that before!!

Those extensions are not that common.

Seems they are honest enough to say they don't have enough experience with that and thus don't feel comfortable assisting one with it. If only more businesses were like that, instead of just taking your money.

[Time Traveller]

Thanks a lots all for your answers. I will contact immigration at Cheang Wattana as Mario2008 mention.

It's frustrating that after paying taxes (for nothing) for more than ten years, you are still not authorised to stay with your family as you wish.

In the 10 years you could have applied for PR, chances are you would have qualfied...you have been paying tax, been on a WP for 3 years etc etc, further you have 3 years to a retirement visa, so why not get an Ed visa until you hit 50. ?

Back of my mind, if the OP can wangle it, is to try and continue on (somehow) with a non-immigrant visa. At least then he'd be on a continuous extension of stay (so to speak) which would potentially keep him qualified at the end of the year to apply for PR, which as this episode shows, is probably a prudent measure.

No you need to be working to qualify to apply for PR. Actually you need to be currently working in the same company for at least one year before they will accept the application

[p_brownstone]

Thanks a lots all for your answers. I will contact immigration at Cheang Wattana as Mario2008 mention.

It's frustrating that after paying taxes (for nothing) for more than ten years, you are still not authorised to stay with your family as you wish.

In the 10 years you could have applied for PR, chances are you would have qualfied...you have been paying tax, been on a WP for 3 years etc etc, further you have 3 years to a retirement visa, so why not get an Ed visa until you hit 50. ?

Back of my mind, if the OP can wangle it, is to try and continue on (somehow) with a non-immigrant visa. At least then he'd be on a continuous extension of stay (so to speak) which would potentially keep him qualified at the end of the year to apply for PR, which as this episode shows, is probably a prudent measure.

No you need to be working to qualify to apply for PR. Actually you need to be currently working in the same company for at least one year before they will accept the application

Totally incorrect.

As a minimum, when applying for PR, you need to show Income Tax payments in Thailand for the last 3 years - ergo you have to be working.

Patrick

[Time Traveller]

In the 10 years you could have applied for PR, chances are you would have qualfied...you have been paying tax, been on a WP for 3 years etc etc, further you have 3 years to a retirement visa, so why not get an Ed visa until you hit 50. ?

Back of my mind, if the OP can wangle it, is to try and continue on (somehow) with a non-immigrant visa. At least then he'd be on a continuous extension of stay (so to speak) which would potentially keep him qualified at the end of the year to apply for PR, which as this episode shows, is probably a prudent measure.

No you need to be working to qualify to apply for PR. Actually you need to be currently working in the same company for at least one year before they will accept the application

Totally incorrect.

As a minimum, when applying for PR, you need to show Income Tax payments in Thailand for the last 3 years - ergo you have to be working.

Patrick

Patrick, please explain further what you mean. Any person that resides in Thailand can file a tax return - no matter working or not working. My question to the immigration staff that handle these applications was explained that all adult applicants need to be working. That was in 2008, I then asked again in 2009 and was told that applicants must have worked in their current company for at least 12 months prior to application even though I have tax returns back to almost 1995! That is, you must show your work permit when applying, tax returns are not enough.

I doubt that any single applicants have been accepted with no job and just 3 years tax returns.

Edited June 20, 2012 by Time Traveller

[lopburi3]

Actually believe you are both saying the same thing but initial post language of "No you need to be working to qualify to apply for PR" is too easy to read you do not need to be working with that negative 'no' at the front.