odd scenario on work permit and extension of stay

[rct99q]

Just curious as to what the experts might have to say about the following scenario.

Hired as a teacher at a school in North East.

Documents provided to get Immigration B visa (Dec 2012)

Documents provided to obtain work permit - work permit issued (Jan 2013)

Immigration B visa - extension of stay provided as work permit issued (Dec 2013)

All good so far

Work permit was issued only for the length of the contract. 10 month contracts (May - Feb) work permit issued until end of contract (Feb 2013). Extension of stay is valid until Dec 2013.

Now person is still employed by said school but the school is unable to obtain a new work permit as said teacher does not qualify for a teachers license (no BA degree) and labor department will not issue a work permit with out one (teachers license). (Original work permit somehow slid through without having the proper qualifications, when school tried again labor department said no.)

So said person has no valid work permit, has an extension which is no longer valid as technically it finished when the work permit expired and the said person is still working for the school. When they finish the school year said teacher is planning on leaving Thailand and re entering on a retirement visa.

I am curious, other then working illegally without a work permit which is one factor, what problems will they encounter when trying to leave the country after 1 year? I advised that their extension of stay expired the same day as the work permit and that they would have had to have left Thailand at the same time. The person however has remained on the job and is looking to just leave Thailand at the end of the school year.

Is this possible?

Thanks for any advice as the person does not believe this to be a big issue but I have a sneaky feeling they may be in for more trouble then they think.

[Soutpeel]

On face value and technically person concerned will be on an overstay, as the person is no longer working legally and the extension would not longer be valid however the question is whether immigration will pick up on it when he leaves the country as the stamp in his PP is still "valid"...if the extension has been cancelled as is in the computer, he could find himself in a sticky situation

Although this seems to be an administrive c*ck up...responsibility/consequences still sit with the person concerned

[Maestro]

My understanding is that an unexpired employment extension of stay loses its validity on the day that the employment ends, even if the work permit has not yet expired. On the last day of employment, you must go to the immigration office with a letter from his employer to have the extension cancelled and leave Thailand on the same day or apply for a seven-day extension of stay and then leave within these seven days.

In the OP's case the above does not apply because although his work permit has expired he continues to be employed. Therefore, to regularise his status, I think he or his employer should terminate his employment – in fact he should have ended it the day his work permit expired – and he should then follow the outlined procedure.

[rct99q]

Thank you both for your advice. I will pass on your words. When he decides to leave Thailand would immigration question himon why he is leaving without a re entry permit as this would void his extension of stay. If so could they ask for his cancelled work permit or receipt or letter from employer stating his e,mployment is finished.

Again thanks for the input

[Maestro]

I've seen some posts about some land border posts refusing the exit stamp without re-entry permit and without employer's confirmation of termination of employment but don't know if all do it nor how immigration at airport handles it.

[ubonjoe]

Said person would not have to leave the country to get a new visa. He could simply change from an extension of stay for working to retirement if he can meet the financial requirement.

Just go to immigration with letter stating he is no longer working effective that date and fill out application putting retirement in the blank for the reason for the extension and supply the financial proof and other required copies.

An extension of stay only requires a non immigrant visa the police order does not specify a specific catagory of visa.

[rct99q]

thanks all for the info, will pass it on.

[NomadJoe]

How does this differ for a 1 year multiple entry non-B if the WP is cancelled? Are there any problems with exit and entry for someone doing the 90 day boarder runs after the WP is cancelled?

[Mario2008]

How does this differ for a 1 year multiple entry non-B if the WP is cancelled? Are there any problems with exit and entry for someone doing the 90 day boarder runs after the WP is cancelled?

No, a multiple non-B remains valid if you lose your work (permit), only extensions of stay need to be cancelled.

[NomadJoe]

How does this differ for a 1 year multiple entry non-B if the WP is cancelled? Are there any problems with exit and entry for someone doing the 90 day boarder runs after the WP is cancelled?

No, a multiple non-B remains valid if you lose your work (permit), only extensions of stay need to be cancelled.