Workpermit + Extension Of Stay

[GMeel]

I know these subjects have been discussed before but every case seems different: here is mine: I am changing jobs. My new job will not start until Oct 1st. My current employer will cancel the workpermit on Aug 22nd. They have told me the Extension of Stay will be cancelled Aug 26th (Sunday?) after which I have to leave the country with 24 hours.

Questions:

1) I thought when they cancel the WP the Visa will be cancelled on the same day?

2) Do I have to be there in person or can they do this without me being present? Does Emigration not need my passport to cancel the EOS?

What is the best thing to do here?

Also

3) When I re-enter on a tourist visa does this mean I have to leave again to apply for NON-B so my new employer can apply for the new WP?

Thanks

[Mario2008]

1. Last day of employement, that is not always the same as the last day you work.

2. For the cancellation you have to go in person with your passport, after having the WP cancelled at the labour office. You need a letter from your employer, stating the last day of your employement, for both labour and immigration.

3. A conversion from a tourist vsa to a new non-B is possible, but depends on how much time it will take to get the new work permit. Often it is easier to just get a new non-B abroad.

[GMeel]

Thank you that is quick....

I am not 100% clear:

1. Last day of employement, that is not always the same as the last day you work.

What do you mean, my last day of work is Aug 21st. They say they cancel the WP on Aug 22nd and the EOS on Aug 26th?

2. For the cancellation you have to go in person with your passport, after having the WP cancelled at the labour office. You need a letter from your employer, stating the last day of your employement, for both labour and immigration.

But my employer said they will cancel the WP, I still need to go there?

When do I leave the country?

[Mario2008]

Contracts are often terminated per last day of the month, also a person can takke his vacation days before quiting his job. That means a person is still an employee of the company he works for, till the date the contract is terminated although he might have ceased actual work a few days or weeks before that date.

Best is if you go there and get a form from the labour office for immigration. Immigration will question you about your work permit cancellation.

You have t elave the country on last day of employement, but can apply for an extra 7 day stay at immigration for 1,900 baht

[GMeel]

OK, thanks...........this is what I picked up somewhere else

Work Permit Cancellation

1. ln case the EMPLOYER prefer to inform for canceling Work Permit

1.1 Letter or confirm cancellation form for Work Permit Cancellation (signed by the employer)

1.2 Work Permit (if any)

1.3 A copy of Company Registration certified by the Ministry of Commerce within the last six months

1.4 A copy of employer's ID card in case of he/she is a Thai or a copy of employer's work permit

in case of he/she is a foreigner

1.5 Power of Attorney with affixed 10 Baht duty stamp together with a copy of appointee's ID card

(it the employer is unable to apply in person)

2. In case the WORK PERMIT HOLDER prefer to inform for canceling Work Permit

2.1 Letter or confirm cancellation or Form for Work Permit Cancellation (signed by the holder)

2.2 Work Permit (original)

2.3 Power of Attorney with affixed 10 Baht duty stamp together with a copy of appointee's ID card( if the holder is unable to apply in person)

I prefer my employer cancels the WP on the 22nd, they say they will do that and the EOS will be cancelled Aug 26th, so I plan to leave Aug 27th.

Do I still need to go to emigration to to cancel the EOS, or can I just leave and re-enter as a tourist?

[Mario2008]

If WP cancelled on the 22nd, that will be your last day of employment and you must leave that day.

Immigration prefers that people actually cancel their permisison of stay instead of just leaving. Sometimes when they notice someone has a valid permission to stay they ask why no re-entry permit. If hey find out your job has been cancelled they soemtimes do send people back at the border to go to their immigration office to cancel correctly.

[GMeel]

I clearly follow you, I don't follow however my employer (big PLC company). They say they will cancel my WP on the 22nd, and because my EOS will be cancelled on the 26th I have to leave the country within 24 hours after that date That is the information I was given, are they wrong?

[Mario2008]

Both should be cancelled on the same day, or they might cancel the WP on the 22nd per 26th. But not sure how that works with labour department and if you can cancel for a future date.

[Pacificperson]

I would guess that they will submit the paperwork on the 22nd with an effective date of the 26th, which is probably the last day of your payperiod.

[GMeel]

They say that they will cancel both my WP + Visa on the same day but that they will give me 5 more days to leave the country?

This seems rather odd.....is something like that possible, can they arrange this?

They also say I am on Non-B visa but it clearly says in my passport Extention of Stay (I report every 90 days without leaving the country).

Whay I am missing here or what is my HR department missing?

[Mario2008]

If they say the last day of employment is such and such date, then as far as labour and immigration is concerned that is your last day of employement.

You are not on a non-B visa but on an extension of stay based on employment.

Do you make use of the One Stop Service? In that case I believe they will give you 7 day to leave the country for free.

[GMeel]

Thanks, I am also convinced I am NOT on a NON-B Visa but my employer says yes.....and yes I do make use of the One Stop Visa service, report every 90 days and have a multiple re-entry. My problem is that I read everywhere I have to leave the country within 24 hours and I wonder why my company says they give me 5 days to leave.....

My company says there is no need to come in person with my passport, they will cancel the WP + the Non-B Visa (which I do not have in my opinion).

So I will leave the country ASAP after the cancellation of my WP and re-enter as a tourist 30 day.

WIll immigration put a 30 day stamp when I re-enter or will they just look at the date of the 1 Year re-entry permit again? I hope they put the correct 30 day stamp.

I guess I have to fly out again to get a NON-B for my new employer a few weeks later as changing form Tourist to Non-B I have not heard off...

[guru]

My employer says they can change a tourist to non imm b at immigration but I never asked if they meant a 60 day paper tourist visa or the non paper 15/30 day waiver stamps

[guru]

According to member luciferbkk you need 21 days remaining on your entry to do the conversion but it can be done on a 30 day by air waiver ( but obviously not the 15 day by land waiver)

[lopburi3]

Believe current policy is 15 days or even down to 11 days so a border run and immediate application for change to non immigrant entry is possible on a land crossing.

[Mario2008]

Thanks, I am also convinced I am NOT on a NON-B Visa but my employer says yes.....and yes I do make use of the One Stop Visa service, report every 90 days and have a multiple re-entry. My problem is that I read everywhere I have to leave the country within 24 hours and I wonder why my company says they give me 5 days to leave.....

My company says there is no need to come in person with my passport, they will cancel the WP + the Non-B Visa (which I do not have in my opinion).

So I will leave the country ASAP after the cancellation of my WP and re-enter as a tourist 30 day.

WIll immigration put a 30 day stamp when I re-enter or will they just look at the date of the 1 Year re-entry permit again? I hope they put the correct 30 day stamp.

I guess I have to fly out again to get a NON-B for my new employer a few weeks later as changing form Tourist to Non-B I have not heard off...

Given you have a re-entry permit you defenitely need to cancel your permission to stay, otherwise your permisison to stay remains valid. That menas immigraiton needs to cacel it in yur passport.

The One Stop Service has slightly different ruels and as said, I believe they will give you 7 days to leave the country for free. (It used to be that way, but not have seen any recent reports of that for some time. But this might be what your HR dpartment is referring to).

As One Stop Service is labour and immigration in one place, you can only cancel both WP and permission to stay there.

[filguy]

I have additional question (which is which)...

Do you need to leave Thailand

1. After the last day of employment (WP and Visa still not cancelled) ?

Or

2. After the cancellation of WP and Visa?

My scenario is this:

My last day is Sept. 3.

WP was cancelled Sept 11.

I will cancel my Visa on Sept 13 (i'll go to Chamchuri)

I called my previous employer saying that I will pay the penalty from Sept. 3.

Please help.

[Soutpeel]

I have additional question (which is which)...

Do you need to leave Thailand

1. After the last day of employment (WP and Visa still not cancelled) ?

Or

2. After the cancellation of WP and Visa?

My scenario is this:

My last day is Sept. 3.

WP was cancelled Sept 11.

I will cancel my Visa on Sept 13 (i'll go to Chamchuri)

I called my previous employer saying that I will pay the penalty from Sept. 3.

Please help.

Beleive your company is correct in this instance if on an extension of stay

[Mario2008]

Last day of employement. Which might be Sept 11, if that is the date your employer told labour (unless they told them it was cancelled on the 3rd).

If falling under the 1 stop service center you might get 1 week to get out of town for free, but not sure how they will handle this overstay.