Extension of Stay Expiry - Is the Thai business legally obligated to notify?

[bendshead]

The nitwits at the last company I worked for just forwarded me an "official" termination of employment letter from the Industrial Estate of Thailand. The letter is dated December last year! At the time I resigned, they never provided the letter nor mentioned anything to me about needing to cancel my visa at the time employment ended. They were quite eager and made sure that I returned the Work Permit right away, however.

My questions... are they legally obligated to either

1. let me know the visa must be cancelled or becomes invalid after employment ends or

2. provide me with the required termination of employment letter in a timely manner to enable the visa cancellation process?

Many thanks

[ubonjoe]

1. You probably had an extension of stay not a visa. It is your reponsability to be aware of the rules and may of even signed a document that your extension was dependent on the reason it was issued.

2. Yes they should of done that.

[lopburi3]

You are responsible for your legal stay. But if you have been using 90 day visa entry (multi entry visa from Consulate that requires you to exit every 90 days or less) it is not a problem. If you had an extension of stay from immigration it ended the day your reason for the extension ended. And suspect you signed your understanding of that when it was obtained - I know it has been a paper to be signed here in Bangkok for several years.

1. Visa does not have to be canceled - only an extension of stay if for employment - you are responsible for knowing that.

2. They should provide a letter and if they do not you can request it. You must cancel same day employment ends.

[bendshead]

Clarification: yes, it is extension of stay.

Thanks for the feedback.

So it seems now use getting a lawyer involved.

Can't believe I have to eat this.

[Time Traveller]

You are responsible for your legal stay.

Unfortunately that is what it comes down to. If anyone else is helping you with your visa extensions then you're entirely relying on them to tell you any need to know information.

I never understand why Thai immigration prefer speaking only to the thai paper shufflers (most of whom are inexperienced HR dept staff who haven't a clue the consequences from mistakes with immigration) instead of the foreign workers when it comes to the all important visa and right to stay issues.

To the OP, the same thing happened to me many years ago. You will probably end up being fined the overstay and need to immediately get an extension of stay based on another category or otherwise exit the country. If the company you worked for is decent they'll pay the fine or else you can lodge a complaint with the Labor court against them

[sniffdog]

Same thing happened to me a couple of years ago, when the company went broke and laid me off. The visa company did not instruct me to cancel the visa and work permit right away. They actually said to do that after the company manager (who was at that time already in Singapore) signed the papers which he finally did after two months.

Result: two month overstay and a THB 1,000 fine at the police station. The visa company did not accept responsibility, however I got the company I worked for to pay half of the 'damage'.

[IMA_FARANG]

I'm sorry to hear such stories .... but everyone must remember that THEY are legally responsible for THEIR own visas and extensions of those visas.

It is not any agency, it is not the company you are working for, and it is not a personnel department or such.

It is always you, yourself, who is responsible for knowing and complying with the rules for visas, extensions, and Work Permits.

If you make a mistake, or even if the company you work for makes a mistake, THEY will not be fined.

You are the person who will have to pay the fine .

It's called '"cover your a--" yourself .... don't rely on anyone else .... no matter how well intentioned or helpful they are .... to cover your a-- for you.

[Time Traveller]

I'm sorry to hear such stories .... but everyone must remember that THEY are legally responsible for THEIR own visas and extensions of those visas.

For people to remember they need to be informed first.

But I agree Thai companies are often very deceptive and untrustworthy so foreign workers should never allow their employer the opportunity to arrange the visas for them

[asiaexpat]

I have worked for over 45 years in various countries around the world and quickly learned that I was responsible for my legal status wherever I was working. Long before the internet and forums such as TV made it so easy, I made it a point to understand both immigration and labor law/rules before agreeing to work in any country. With the resource readily available to everyone there is little excuse for not being well informed as to any country's immigration and labor law. Those that can not take the time or lack sufficient intellect to research these issue would undoubtedly be better off not working outside their own country. In fact, those that plan to retire abroad need to understand the immigration rules of the retirement country before moving. To expect others to volunteer this information is not a good policy.

[Time Traveller]

I have worked for over 45 years in various countries around the world and quickly learned that I was responsible for my legal status wherever I was working. Long before the internet and forums such as TV made it so easy, I made it a point to understand both immigration and labor law/rules before agreeing to work in any country. With the resource readily available to everyone there is little excuse for not being well informed as to any country's immigration and labor law. Those that can not take the time or lack sufficient intellect to research these issue would undoubtedly be better off not working outside their own country. In fact, those that plan to retire abroad need to understand the immigration rules of the retirement country before moving. To expect others to volunteer this information is not a good policy.

Lecturing everyone on how such a wise man of the world you are is nice, but I'm sure people come to this forum to find out information that could help them personally.

You would better off just stating anyone who is working should contact immigration before they quit their jobs to find out exactly the process and forms needed as your employer probably doesn't know.

[overherebc]

In my experience many Thai companies do not have a clue about visas' extension of stay or WP's. I have had a good few experiences of companies telling me they 'must' change my visa to B before I can get a work permit, or, have been told that they can't give me the job because I don't have a WP !

It takes a little bit of time to explain it all to them and usually goes alright in the end until they want to cancel my multi O when the job finishes.