Dishonest Work Agency - Visa Problem

[manonthemon]

Hi,

I have a serious problem.

My GF (Indian) works as a teacher for an agency. When she signed her contract couple of months ago they promised to provide a visa and a WP. The confirmed that many times later. Then came delays, excuses etc. Then they asked her to do a visa run and get a tourust visa and primised to get her a non B based later. She did.

Today, 2 weeks before her visa runs out they announced that the will not be providing get the visa. Gave no reasons. It's to late for us to get a ED visa now and I honeslty don't know what to do.

My girlfriend is 6 month pregnant, It's not a time to get stressed, do visa runs (to get a new tourist visa she has to go back to India) etc.

What can we do ???

Manonthemon

[siampreggers]

Get another employer.

the day after pay day.

Edited September 6, 2012 by siampreggers

[manonthemon]

Get another employer.

It's close to impossible when you're 6 months pregnant. And they woun't be able to provide a visa in that short period of time anyway.

forgot to mention that the Agency fails to pay on time too. But that's not out biggest concern at the moment.

Any help much appreciated.

[Mario2008]

Your story is not unusual. never start working without a work permit, it is illegal.

She doesn't have any options but to return to India or apply for an Ed-visa at a language school. You cna start a course there any day you want.

If you are here on a non-immigant visa yourself, getting married might give her some other options.

[manonthemon]

Does anybody know, if it's possible to extend a tourist visa at the immigration office in BKK? For an Indian?

Maybe that would give us enough time to apply for an ED visa here.

One more thing - I don't want to leave this like it is - is there any point in going to the Labour Departement with that? Not only did the agency mislead us on the visa issue but they fail to pay on time.

Edited September 6, 2012 by manonthemon

[RubbaJohnny]

Indian-v word of Thai at Thai Labor Office what do you think.

They get away with murder here.Surely booming India isnt all slumdogs wouldnt going there be better

[manonthemon]

Do you think any of the visa agencies / lawyers that advertise in Bangkok daily newspapers can be of any help in such situation? Siam legal etc?

Do you think that 6 months pragnency is a reason enough to aplu for a medical based extension of stay?

[beano2274]

6 months pregnancy is not gonna work, why should they give her a visa, she can go home and have the baby.

Sorry but it is gonna be tourist visas with runs at the moment, or home to India.

[tfc]

Get a letter from your doctor and bring it to immigration for your girlfriend to try for an extension. It depends on who you see at the office but you may get better chances with an agent that is familiar with the agency too. I had a friend who was in a similar situation except she was Australian and had her visa extended until 6 weeks after the birth of the baby. It's best not to fly after a certain time in the pregnancy so it would be good if the doctor can mention this.

[Rooo]

Racial , offensive post removed.

[bangkokburning]

General comment

To anyone reading this for the general jist of work permit company = dishonest/problems...

Yes, many, many are. Trust no one.

Do not start work until you have a WP. Not only is it illegal, but you lose leverage.

Many actually conspire to send you out of the country on TRs - then dump you

No intention of ever hiring you

Over the years, I have met dozens in Penang.

((misinformation removed - this is an Indian national without visa exempt status))

Good luck. Why don't you two pack it up and move back to India for awhile? You certainly have some soul searching in her regard w/ baby, unmarried and obviously no job - and now knowing what riffraff you encounter in teaching markets of he world.

Edited September 7, 2012 by lopburi3
Misinformation removed

[asiawatcher]

You cannot make a complaint against the employer right now as you have been working illegally (without a work permit) that is an admission of guilt, an immediate transfer to the airport and deportation with a fine.

I suggest you do what the Mod said, get an Ed School acceptance, return home now whilst you can and apply for the visa. Come back legally and then make application for teaching jobs once legally here. You can convert a visa from student to teacher by intervention of an educational employer.

Write this off to a bad experience and be a little wiser next time. One thing you need to understand, the visas have to be issued prior to obtaining a work permit. Visas must be obtained offshore and the WP onshore. Hope this helps.

Good luck with the pregnancy.

[manonthemon]

Thanx for all the replies

The Indian embassy claims, that we should contact the labour department and even police as we have been cheated by the agency, which offered a work permit and a visa and didn't provide.

As for packing and leaving – it's not that easy. We do have our lives here, I have a job, a flat with a one year contract, friends, everything. And by the way - I'm not Indian so it's not like I can just move there whenever I please.

We found a school which would provide an ED visa in less than 2 weeks (that's what my GF has left ton her tourist visa) but as an Indian she'd have to leave the country to get it.

What we're trying to do now is to extract her money form the agency (they owe her 2 months salary) and take care of the visa on our own.

Edited September 7, 2012 by manonthemon

[besth]

If she has been working as a teacher, couldn't the agency at least provide necessary documents for an ed visa? not a perfect solution but it might get you temporarily out of this situation.

Good luck

[simple1]

Your story is not unusual. never start working without a work permit, it is illegal.

She doesn't have any options but to return to India or apply for an Ed-visa at a language school. You cna start a course there any day you want.

If you are here on a non-immigant visa yourself, getting married might give her some other options.

I have twice been offered work, both companies have a high profile presence, outside of the education sector. Both times advised it's OK to start without a WP, so long as I transfer to a B visa & they will obtain WP that would take about 3 months to process. I declined the offers to commence work. So if it's illegal to commence work without a WP, why do companies take this approach?

[Mario2008]

They get of with a fine, you risk going to jail for up to 5 year and deportation.

[Phronesis]

There are lots of Cowboys around when it comes to the issue of getting a WP and visa.

Unfortunately for the OP, he will now have to play Cowboys and Indian...

[harrry]

It may be possible for her to travel by train to Penang for the new visa. Much less stress than flying and she would not have to get medical certificates accepted to fly. Most airlines have restrictions after 6 months.

[Mario2008]

It may be possible for her to travel by train to Penang for the new visa. Much less stress than flying and she would not have to get medical certificates accepted to fly. Most airlines have restrictions after 6 months.

She's an Indian national. Some nationalities can only apply for a visa at their home country/country of residence.

[harrry]

It may be possible for her to travel by train to Penang for the new visa. Much less stress than flying and she would not have to get medical certificates accepted to fly. Most airlines have restrictions after 6 months.

She's an Indian national. Some nationalities can only apply for a visa at their home country/country of residence.

OK thanks, In that case he will have to hurry because of the flight restrictions.

[ubonjoe]

If you were to get married she could get an extension of stay as your dependent if you have a work based extension. But she would still have to get a non-o visa to get the extension because immigration will not do a change of visa status for dependent extensions.

[lopburi3]

AFAIK Malaysia will not let females enter if they are six months pregnant for nationality reasons (many try to go there to get there child Malaysian citizenship by birth). Have personally seen this enforced.

[54321]

I can't add anything else other to say its a shame there isn't a website out there which would allow teachers to highlight the antics of various agents and schools, or is there?

[Soutpeel]

AFAIK Malaysia will not let females enter if they are six months pregnant for nationality reasons (many try to go there to get there child Malaysian citizenship by birth). Have personally seen this enforced.

A lot of airlines will not allow international flight after 5 months, so she might have problem even boarding a flight

[Soutpeel]

You cannot make a complaint against the employer right now as you have been working illegally (without a work permit) that is an admission of guilt, an immediate transfer to the airport and deportation with a fine.

Actually dont believe this is true, there was a case on TV a few years ago, where someone was working in a hotel, (I think it was) without a WP and the person concerned took the hotel/company to the labour department and won the case, and if I remember correctly similar in the sense they promised a WP and never provided one and there were no consequences for the person working without the WP, so the Indian embassy could be correct in stating this should be reported to the DOL (not the police)

[Soutpeel]

Your story is not unusual. never start working without a work permit, it is illegal.

She doesn't have any options but to return to India or apply for an Ed-visa at a language school. You cna start a course there any day you want.

If you are here on a non-immigant visa yourself, getting married might give her some other options.

I have twice been offered work, both companies have a high profile presence, outside of the education sector. Both times advised it's OK to start without a WP, so long as I transfer to a B visa & they will obtain WP that would take about 3 months to process. I declined the offers to commence work. So if it's illegal to commence work without a WP, why do companies take this approach?

If you are "under consideration" for a WP, you can work, when I first came to Thailand, my first WP took about 6 weeks and this question was asked to the DOL who confirmed while your application is in process you are permitted to work, even though the formal WP had not been issued

[Mario2008]

Labour office is indeed known to side with the employee in such cases. When one is not paid, they are reportedly not interested in if the employee has a WP or not.

[Soutpeel]

Labour office is indeed known to side with the employee in such cases. When one is not paid, they are reportedly not interested in if the employee has a WP or not.

And raising this with the DOL may even strength her case in terms of getting something sorted out as regards a means to stay in country because she is pregnant

[manonthemon]

HI,

Thanx for all answers.And better news this time - at least we can go to DOL and that's something we definitely want to do. You think that going to the police is a bad idea? The embassy suggested reporting a fraud.

We went to the agency today, had a very unpleasant conversation and nothing came of it.

We also consulted one of language schools that provide ED visas here in BKK. They told us that my GF could extend her visa for another 7 days at the immigration office. That, together with the 2 weeks that she has left on her visa, should be enough for them to process all the documents. Than we fly to India with the papers where she should get a one year ED visa in the Thai Embassy. The cost of the whole operation (language course, visa extension, visa fee) is around 25k Baht + 2k every 3 months for a visa extension.

We can deal with that. Now we need to get the money the agency owes her.

Cheers,

[Mario2008]

I would leave it with the labour department, especially hen you want the money quickly. Going to th police will complictae things and might lead to questions about the work permit.