My Old School Cancelled The Wp Instead Of Transferring It

[WonnabeBiker]

Howdy,

will the cancellation of the WP automatically void my Visa (it's a kind of "Work Visa" valid till august 2013)?

...

A judge asked the former school to transfer the WP. But instead, they cancelled it.

Now I fear overstay with fines and worse. Maybe it's a plot to get me out of the country, making it that much harder to do something about the unpaid salary, notice period and severance pay.

Thanks for any facts and suggestions on how to handle this properly? Like turning myself in or heading to the airport??

Cheers!

[lopburi3]

It appears you were on an extension of stay and if that was for employment it ended the day your employment ceased and you have been overstay at 500 baht per day fine since then. Work permits are not transferred, so do not believe they were out to get you, but in some cases you can add employment for new job if in same area and then remove original but that requires agreement/coordination of both parties and seldom happens - for a new job you normally must obtain a new work permit.

You should obtain letter from previous employer to immigration to cancel your current extension of stay if this is the case.

[amecth]

Same thing happened a colleague of mine. They said they wouldn't cancel the workpermit and let it run for the 10 remaining months.

They lied and when she went to cross the border at Laos , she was caught for 20,000 baht.

[Time Traveller]

This is common practice by many employers that either don't know the consequences for foreign workers upon ceasing employment, or just don't care. Unfortunately many foreign workers believe what their company's tell them. Never listen to anyone except immigration officers directly concerning extensions of stay.

[richard10365]

I know with Visa's for education if the place where you are studying changes, then the visa also has to change to the new school. I imagine it's true for employment too. You probably can't get a work permit with a visa that is not for the place you are going to work.

[IMA_FARANG]

Once again there is a difference between your original VISA that got you into Thailand and any EXTENSION you might have received in Thailand on that visa.

If you extended your visa because of your work as a teacher (the school may have helped you or done this for you themselves) that extension ended when your job ended,

They should have told you that you could have got 7 days to leave the country and get yourself a new visa from a neighboring Thai consulate because your Work Permit ended along with the job you received the work permit for.

Now, the critical question is this.... exactly when did or does your original VISA that got you into Thailand end?

If that visa is still valid... if, for example, you originally had a one year visa of some kind then depending on the date of expiration of that original visa.... it could still be valid.

On the other hand, if the date of expiration of your original visa is past your visa is expired and you're out of luck.

So you're first action is to check these two things:

1. On your original visa....does it have an expiration date and if so is that date not yet past., because If the expiration date is on that visa is in the future you are here legally until the expiration date on that visa.

2. Your last entry to Thailand....you received a "permitted to stay until (date stamped here)".... is that permitted to stay date still in the future. If it is you're normally here legally until that date.

If both of those dates are past you're on overstay and will have to pay overstay when you leave the country.

Another critical question is are you married to a Thai? Because if you are you may be eligible for an extension to visit or even live with your Thai wife.

But if both those dates I mentioned are past,,,, and your Work Permit has been canceled with the end of your job... you need to:

1. Exit Thailand for a neighboring country to get a new visa,

2, Bring the money to pay for your overstay with you for the overstay fine at the airport,

3. get yourself a new visa in a neighboring country.

4, return with that valid visa. A single entry tourist visa is easy to get and will give you 60 days with a possible 30 days extension at your local immigration. That will give you time to sort out your affairs and maybe allow you to find another job that will then keep you in Thailand.

But first, you've got to first get your visa problem settled.... especially if you are now on overstay and each day is adding to your overstay fine.

[WonnabeBiker]

Gentlemen,

thank you so much for taking the to reply and help a stranger! May what goes around, come around!

It is clear that I am overstaying unknowingly. But I'm married to a Thai and a marriage based Visa seems to be better than yet another B-Visa.

There are all these labour laws and then there is the reality. The old school owes me a 6-digit amount. And while the Labour Court in Bangkok has translators, I got shafted when my own translator didn't show up for the arbitration hearing. Regional Labour Courts don't have translators? Or is that just the case for the one I had to use?

Anyhow, this leaves a very bitter taste in my mouth!

Good luck attracting and retaining teachers if this is how they treat them!

Chris

[beano2274]

To get another visa you would still probably have to leave Thailand, easier for a Visa based on marriage to a Thai in Savannahket, an extension in Bangkok means proof of 400,000 in the bank or 40,000 per month salary, with tax documentation to prove it.

[Mario2008]

I believe it is standerd practise that you provide your own translator.

[ubonjoe]

You still need to sort out your extension of stay as soon as possible. You should be able to pay the overstay if any and get a 60 day extension to visit your wife. Then get the one year extension at the end of that extension if you can meet the financial requirements at that time.

You only need to have a non immigrantt visa for the extension it does not have to be a non-o so the current extension you have can be extended based upon marriage to a Thai. There is no need to leave the country for a new visa.

[noob7]

. But I'm married to a Thai and a marriage based Visa seems to be better than yet another B-Visa.

The extension of stay is the thing, you should have done on the wife-thing!

Or you better do, in the future.

Interesting part:

"A judge asked the former school to transfer the WP"

The option, to transfer a work permit from one to the other company, is imho gone for about 10 years or so.

That time, lots of 'sleeping' companies got canceled, because no chance, to 'safe' the wp in the own company, at the end of the employment time.

Since then, you need to do the 'add another workplace and cancel the first one later' thing, or you have to apply for a new one.

From the moment, you apply for the new one, your extension of stay, based on working reasons, should be safe! As long the new job fits the needed requirements for a extension of stay.

[tombkk]

Gentlemen,

thank you so much for taking the to reply and help a stranger! May what goes around, come around!

It is clear that I am overstaying unknowingly. But I'm married to a Thai and a marriage based Visa seems to be better than yet another B-Visa.

There are all these labour laws and then there is the reality. The old school owes me a 6-digit amount. And while the Labour Court in Bangkok has translators, I got shafted when my own translator didn't show up for the arbitration hearing. Regional Labour Courts don't have translators? Or is that just the case for the one I had to use?

Anyhow, this leaves a very bitter taste in my mouth!

Good luck attracting and retaining teachers if this is how they treat them!

Chris

If you need a good Thai lawyer, who speaks excellent English, please send me a PM.

[chowny77]

Get the marriage visa, then the WP can be just for show and tell. If it gets cancelled well what then, you are on a different kind of visa which will not be directly affected in the short-term

[Soutpeel]

Get the marriage visa, then the WP can be just for show and tell. If it gets cancelled well what then, you are on a different kind of visa which will not be directly affected in the short-term

Problem is...some DOL's will not issue a WP on a "marriage visa" they require you to get a Non-imm B, although technically getting a WP on an married "O" visa is perfectly permissible, its up to the indivdiual DOL

[ubonjoe]

Problem is...some DOL's will not issue a WP on a "marriage visa" they require you to get a Non-imm B, although technically getting a WP on an married "O" visa is perfectly permissible, its up to the indivdiual DOL

Most of the reports that I have read were the employers agents or lawyers telling them that and was not direct info from the DOL. You must remember that getting an extension based upon working would mean a lot more money for them verses one for marriage.

A key point that I that is missed when getting the work permit application made is a copy of the marriage certificate going in with it.