Cancelled Wk. Permit, Visa Headache

[VisaProblem]

Hi there,

While residing in Thailand for the past two and a half years, I have always managed to keep perfect visas and permits. Sadly, and ironically, my work permit was cancelled on Friday 13th February.

My Non-Imm B visa is good up until 10 October 2004. My basic question is: “do I have to leave the country within 7 days to get a new visa?” Many people seem to think so, others think not. Even immigration lawyers seem to be unclear on this issue and say different things.

To make matters more confusing, I am in the process of setting up a company, which will issue me with a work permit. This will take 3 weeks as from Monday (finished 2-3 March). Does the filing for company creation change anything from a legal point of view?

In the Warning section in the back of the work permit it states: “In case where an alien resigns from the work which is specified in the permit, he shall return the permit to the Registrar of Changwat (province) where the place of work is located within 7 days from the date of his resignation. Any violation shall be liable to fine not exceeding 1000 Baht.”

It says nothing about a visa that is linked to the permit.

# What will my legal status be if I do not leave the country and change my visa within 7 days?

# If I am caught by the police in the time after the 7 days, but before the new work permit is issued, what will happen? Deportation? Also, if so, will I be able to come back in if I have a deportation on my record?

#Finally, any advice?

Also, if answers be provided, could you please reveal your sources (such as Govt of Thai websites, immigration lawyers sites etc etc)

Many Thanks,

Simon.

[george]

You MUST leave within 7 days, otherwise you are on overstay, and will be deported and blacklisted if the catch you. The Labour Department and Immigration have a computer system online these days, so you can not avoid this. Get a new visa from Penang or other Thai Embassy or Consulate.

Advice: Do not overstay!

Source: Immigration Detention Centre, Bangkok.

[VisaProblem]

Thanks George,

Can I do it at Koh Kong?

What kind of visa do you think I will need to get? A tourist one to provide the "bridge" between the soon expiring permit and the one that should arrive at the end my company registration? Or you think Non Imm B from Consulate is better? I live 1 hour from Koh Kong.

[Roger13]

Just a thought

If you have a Work Permit Application Receipt

(for your new company)

Is it possible that Immigration at Suan Phlu

would give you a fresh visa.

Do the experts have a view on this?

Roger

[opalhort]

Just a thought

If you have a Work Permit Application Receipt

(for your new company)

Is it possible that Immigration at Suan Phlu

would give you a fresh visa.

Do the experts have a view on this?

Roger

if you have alreadey a WP application receipt Suan Plu MAY give you an extended "under consideration/review" stamp until you are able to show the new WP.

It happened to me over ten years ago when I was between WPs and got stamped "under consideration" for four months in 45day chunks until I finally got my new WP (at that time it took much longer to obtain a new WP!). of course they needed to see the WP application receipt.

Not sure if this still works.

opalhort

[huski]

if you have alreadey a WP application receipt Suan Plu MAY give you an extended "under consideration/review" stamp until you are able to show the new WP.

you already have a valid non immigrant B visa and it really wouldn't hurt to go to immigration and try for an extension. but to tell you the truth i don't think they will give it to you.

You MUST leave within 7 days, otherwise you are on overstay, and will be deported and blacklisted if the catch you. The Labour Department and Immigration have a computer system online these days, so you can not avoid this. Get a new visa from Penang or other Thai Embassy or Consulate.

Advice: Do not overstay!

Source: Immigration Detention Centre, Bangkok.

if immigration says no extension, get your ass out of thailand in 3 to 4 days . george is 100% right, they will throw you in jail in a heartbeat if you are caught.

[george]

Thanks George,

Can I do it at Koh Kong?

What kind of visa do you think I will need to get? A tourist one to provide the "bridge" between the soon expiring permit and the one that should arrive at the end my company registration? Or you think Non Imm B from Consulate is better? I live 1 hour from Koh Kong.

No, Koh Kong will give you only a 30 days tourist entry. To get a new NON-B you need a Thai Consulate / Embassy with proper paper work.

If you fly a few more hours to Australia, they will give you a NON-B multi 12 months visa. Search this forum for Brisbane or Adelaide.

Chok dee!

[JJDinsay]

Overstay and you get in serious trouble? When you say "throw you in jail if you are caught" What does that mean? Caught? I overstayed by about 5 days, lack of funds to make the trip down, I'm heading to the border in about 4 hours - do I need to worry? Oh well, I guess I'll know tomorrow.

thanks,

[huski]

Overstay and you get in serious trouble? When you say "throw you in jail if you are caught" What does that mean? Caught?

it is illegal to be in thailand with an expired visa.

on an overstay, if you are leaving the country at the airport or crossing a border, 99% of the time you will be fined and a receive a stamp in your passport showing the amount of the fine. this is also if you walk into an immigration office they may collect the fine there or explain your overstay and tell you to leave the country but not arrest you.

the problem is if you are picked up by immigration which is a totaly different situation all together. you will most likely be detained in jail and then sent out of the country.

[dr_Pat_Pong]

Overstay and you get in serious trouble? When you say "throw you in jail if you are caught" What does that mean? Caught? I overstayed by about 5 days, lack of funds to make the trip down, I'm heading to the border in about 4 hours - do I need to worry? Oh well, I guess I'll know tomorrow.

thanks,

As long as you have got the money to pay the fine you'll be fine.

[manfromoz]

I am confused here. Didn't the original post say his visa was still valid until 10th October?

How can he be on overstay if his visa is still valid until October? The work permit is tied to the visa stamps not the reciprocal isn't it?

I also question the advice to get a new multi-entry visa. If Simon is setting up the Company himself then presumably he will be responsible for renewing his work permit. I had this scenario when I did mine and was told the same advice. Get a multi-entry visa, what no-one explained was that when you do this your work permit requires renewal every 90 days after you get your visa stamp. However if you are on a single entry non-immigrant visa you only need renew your work permit once per year. It is also much easier to report to immigration every 90 days then to leave the country to get a new stamp. Especially if you are doing business.

As for holidays etc, a re-entry permit works out much cheaper than visa runs every 90 days.

Just my 2c worth

[lopburi3]

How can he be on overstay if his visa is still valid until October? The work permit is tied to the visa stamps not the reciprocal isn't it?

He used the wrong term. He does not have a valid visa but an extension of stay stamp and that is directly tied to his work permit.

You obtain a multi entry visa to cover the time until you can obtain work permit/extension of stay. A single entry visa will only allow 90 days unless/until an extension of stay is received. A multi entry visa would allow him to just make a border crossing in the event his work permit was not ready in the first 90 days.

[manfromoz]

Thanks Lop,

So from that the sequence does go:

Get multi entry visa

Apply for work permit

Apply for extension of stay

Continue to renew Work permit every month while the extension is under review

Receive Visa extention

renew work permit to new expired stay date?

This is what I am presently going through and I was thinking I had doen things the wrong way.

BTW, my application for extension has been in immigration for 3 months now so my work permit is filling a lot quicker then I had expected. Which is why I was questioning the sequence of events.