Cancelation Of Work Permit

[travelmaxx]

Hello everybody,

here is a pretty strange(but maybe interesting) question:

Is my ex-employer(stopped working yesterday) able to cancel my work permit without informing me about it? Or does he need my pass-port for that? He is holding my work-permit book. I've got a non-immigrant-B valid until Nov. of this year.

I am just concerned about trouble with immigration...

Thank you for any advise.

[beano2274]

If you have been sacked or your contract not extended they can do it, also do you have a visa from outside of Thailand or an extension from within Thailand at the Immigration office.

[travelmaxx]

hello beano2274,

well, it's not that easy: my ex-employer signed an agreement that he will not cancel the work-permit(to "help me") since the w.p. is just 4 weeks old.

Since I don't really trust him, I like to know wether he could cancel without telling me.

I am affraid to run into trouble at the immigration for my next 90 days report.

Can I do the cancellation by myself WITHOUT the original blue book? I am holding a copy and the agreement that the employment was finished yesterday.

I also read somewhere on the net that this cancellation can be done anytime, must not be right away.

Thanks again.

[Lite Beer]

As asked before. What is your Immigration status?

Visa or Extension of Stay?

[beano2274]

If you do 90 day reports at Immigration, then you are on an extension and this ends the day your WP is cancelled, I would ask your ex employer when he/she will hand in the WP, if this is possible.

[travelmaxx]

Sorry for that.

The non-immigrant-B was issued 4 month ago in Vientiane and now there is an extension for 11 more month.

Hope that answers the question

[beano2274]

Unluckily for you the extension ends the day your employment ends and you will be on overstay after that.

[travelmaxx]

Ok, it's an extension.

I am not concerned about the cancellation of the work-permit and as a result of the non-i-B. But I would need knowledge of it.,since I can get a retirement right away(according to immigration). But I would need knowledge of it.

Question is: CAN my ex-employer cancel the w.p. without my pass-port? Which means I would never be aware of it and had to pay overstay next time at the immigration.

[beano2274]

There is no need to have a passport to cancel a WP. And yes an employer can cancel a WP at any time.

If I was you I would ask the employer for a letter confirming your job status then go directly to immigration and change the B for an O on the basis of retirement.

[travelmaxx]

thanks a lot for your opinions.

[beano2274]

I asked the girl in my office, the Employer can take the WP back at any time, but there are other rules for those businesses under BOI.

[lopburi3]

As said your extension of stay ended yesterday and you need to exit Thailand to avoid overstay.

[Eff1n2ret]

If the OP wants to swap from WP to retirement conditions a letter from his employer won't help him much, what is needed is a receipt from the Labour Office that it has been handed in and cancelled. If my experience when I did this just under a year ago is anything to go by, he may have to pay one or two days overstay between the termination of his WP 'B' extension and the grant of the 'O' extension.

I waited half a day to get the chitty from Chonburi Labour Office and high-tailed it over to Rayong Immigration (as I live in Rayong), where the IO said he couldn't cancel the 'B' extension, that had to be done at Jomtien where it was issued. So next morning I got the cancellation (backdated to the day before) from Jomtien, and the IO said, "You'll have to pay one day overstay at Rayong." In the event at Rayong later that morning they counted the overstay as two days, but they made no fuss about immediately granting the Retirement extension, so I couldn't be bothered to argue about whether it was one or two days.

Edit:- I think the form issued by the Labour Office is a Tor Tor 10. Immigration need to see this.

[Dork]

I asked the girl in my office, the Employer can take the WP back at any time, but there are other rules for those businesses under BOI.

Hmmm, not too sure the employer can physically take it back. I have 2 companies on my work permit so how could one take it back?

[beano2274]

I asked the girl in my office, the Employer can take the WP back at any time, but there are other rules for those businesses under BOI.

Hmmm, not too sure the employer can physically take it back. I have 2 companies on my work permit so how could one take it back?

so what happens if you left Thailand for good, then the employer is stuck with a WP for someone who does not work at the company? I asked the girl at my office who deals with them both (Immigration and Ministry of Labour)

[Dork]

I asked the girl in my office, the Employer can take the WP back at any time, but there are other rules for those businesses under BOI.

Hmmm, not too sure the employer can physically take it back. I have 2 companies on my work permit so how could one take it back?

so what happens if you left Thailand for good, then the employer is stuck with a WP for someone who does not work at the company? I asked the girl at my office who deals with them both (Immigration and Ministry of Labour)

Dunno, maybe they'd ask the girl at your office.

[Colabamumbai]

Another reason not to let your employer hold your work Permit or your passport. The WP is yours and should be in your posession.

[digitalchromakey]

I asked the girl in my office, the Employer can take the WP back at any time, but there are other rules for those businesses under BOI.

Hmmm, not too sure the employer can physically take it back. I have 2 companies on my work permit so how could one take it back?

It's not a question of taking the WP back; the first (primary) employer in your WP can cancel it at any time and it does not require the actual WP or your permission.

Also you can cancel the WP yourself without your employers' consent.

Here is a link to the WP cancellation form plus info http://wp.doe.go.th/...ancellation.pdf

[Arkady]

The employer is entitled to cancel the WP, if he has fired you. In order for it to be physically cancelled he has to have it in his possession.

[Psych01]

I believe that you are actually both supposed to go to the employment office, then on to the immigration office, at which point you have 7 days to either get a new visa or get out of the country. I am however to completely sure, I was looking in to this about 1 year ago and could not really find a definitive answer.

[lopburi3]

You are the person required to cancel your extension of stay on the date your employment ends (regardless of work permit status) and for that you should have a letter of termination from employer. You must then immediately leave or apply for an extension of stay (if you do not qualify for any a 7 day period is allowed to leave but you must submit the TM.7 and pay the 1,900 baht.)

[digitalchromakey]

The employer is entitled to cancel the WP, if he has fired you. In order for it to be physically cancelled he has to have it in his possession.

The employer (or the employee for that matter) can report the WP as 'lost' to the police and use that report to then cancel the WP without presenting the original said item.

I am aware of a specific case where this procedure was successfully followed by an employer to cancel a WP without the support of the employee.

Also note on the WP cancellation form that Clause 1.2 for the employer cancelling the WP requires ... Work Permit (if any).

Here is the link again to the WP cancellation form plus guidance notes

http://wp.doe.go.th/...ancellation.pdf

[ilyushin]

Can you cancel the visa after you have left the country and issued a new visa?

Current visa and WP end Feb. 17. Leave Thailand on 30 Jan.

Leave before expires so this cancels visa and get new visa issued at embassy. On return submit the invalid WP.

[digitalchromakey]

Can you cancel the visa after you have left the country and issued a new visa?

Current visa and WP end Feb. 17. Leave Thailand on 30 Jan.

Leave before expires so this cancels visa and get new visa issued at embassy. On return submit the invalid WP.

Are you referring to an Extension of Permission to Stay on the basis of Working in The Kingdom of Thailand issued within Thailand by Immigration, or a 90 Day entry stamp based on a Non immigrant Category 'B' Visa issued at a Consulate outside of Thailand?

Depending on your answer, the process is different.

For the extension, this must be actively cancelled at immigration the same day your WP is cancelled, you then must exit Thailand with 24 hours.

For the entry stamp based on a Non 'b' Visa - do nothing as the Visa/Entry Stamp is not affected by WP cancellation.

[ilyushin]

Can you cancel the visa after you have left the country and issued a new visa?

Current visa and WP end Feb. 17. Leave Thailand on 30 Jan.

Leave before expires so this cancels visa and get new visa issued at embassy. On return submit the invalid WP.

Are you referring to an Extension of Permission to Stay on the basis of Working in The Kingdom of Thailand issued within Thailand by Immigration, or a 90 Day entry stamp based on a Non immigrant Category 'B' Visa issued at a Consulate outside of Thailand?

Depending on your answer, the process is different.

For the extension, this must be actively cancelled at immigration the same day your WP is cancelled, you then must exit Thailand with 24 hours.

For the entry stamp based on a Non 'b' Visa - do nothing as the Visa/Entry Stamp is not affected by WP cancellation.

My current visa is an extention Non-I B. I will leave the country which cancels the current visa and then apply for a new Non-I O "Thai Wife". On return to Thailand, cancel the WP which is no longer valid because the visa is no longer valid.

Regards,

[lopburi3]

You are actually required to cancel an extension of stay at the immigration office providing it with a letter from employer of your employment ending. People have been turned around at exit point to do so (although suspect it is a very small minority, it is possible).

[Psych01]

Here is a clip from the Immigration Division 1, website. I think it is Thai translated in to English but, states that if you resign you must terminate your visa immediately etc.

"If the alien granting extension of stay permit in The Kingdom for the reason of working at a business company/organization etc., resigns from such company / organization, his/her stay permit will be immediately terminated. As a consequence, The stay permit of his/her dependents will be terminated as well. Work Permit and Stay Permit must be revoked by competent officials."

Not sure if this would relevant to your situation.

[ubonjoe]

My current visa is an extention Non-I B. I will leave the country which cancels the current visa and then apply for a new Non-I O "Thai Wife". On return to Thailand, cancel the WP which is no longer valid because the visa is no longer valid.

Regards,

If you can meet the requirements for an extension of stay based upon having a Thai wife (400K baht in bank or 40K income) you could change your current extension without having to leave the country. Just go to immigration with letter from employer stating your job ends that day and make the application for the new extension.

You could also do the same thing and get a 60 day extension to visit your wife.

[bkkjames]

Here's a different question for you experts.

I am changing jobs. Have given my notice for end of this month. New job starts on Feb 1. However here is the tricky part.

WP has just been extended for another year. My current Visa (yearly extension of stay) expires on 24th Jan and is due for renewal.

Can you guys enlighten me as to the procedure I should follow to traverse these muddy waters from company A to B.

Thanks in advance.

[digitalchromakey]

Here's a different question for you experts.

I am changing jobs. Have given my notice for end of this month. New job starts on Feb 1. However here is the tricky part.

WP has just been extended for another year. My current Visa (yearly extension of stay) expires on 24th Jan and is due for renewal.

Can you guys enlighten me as to the procedure I should follow to traverse these muddy waters from company A to B.

Thanks in advance.

Depends in part on the basis for your Extension of Permision to Stay; if it is on the basis of Employment in the Kingdom of Thailand (Police Order 777/2551 Case 2.1) then even if you extend again before the 24th January, the extension will then be lost when your current WP is cancelled (as it will be) when you leave your current employment on the 31st Jan.

Your best bet would be to get your new employer to apply a.s.a.p. for a new WP before the 24th and then cancel your old one and use this new WP plus all the new required company papers to apply for a new Extension.

If the above cannot be acheived before the 24th January then a 7 day extension will give you some additional time to resolve this issue.

Wit the co-operation of both employers and Labour you may be ok, for example some Immigration Depts might process a new extension on the basis of the WP1 Application filing receipt along with all other papers, however I know that in my area (Phuket) they will only accept the actual new Blue WP, not just the receipt.

There are other options, but this is your best bet.