Work permit expiry

[mystickez]

My work permit will expire next month and I have a feeling that my employers, for various reasons, will be unable to renew it. I have a Non-imm B multiple entry - still on my first entry but need to do a border run before my work permit expires. If my work permit is not renewed, do I need to leave the country (ie leave on that day or get a 7 day extension from immigration)? I've heard that because my work permit will expire, rather then me leaving the job, that I don't need to leave the country - I can continue to use my current visa. Can anyone confirm this? If I do need to get a new visa, can I apply for an extension based on marriage rather than having to leave the country? Also, will I be entitled to severance pay if they do not renew my work permit? I was not on a fixed term contract and have worked for the company for several years. Any thoughts or advice gratefully received

[Mario2008]

You do not have to cancel your permission to stay. You have a valid multiple non-B visa, the visa remains valid if you lose your job (or work permit). So you can just continue to use it for 90 day entries, finding a new job and applying for a new work permit.

Just keep doing your border runs every 90 days.

[ubonjoe]

But if work permit expires you will be working illegally.

No problem for your visa.

[digitalchromakey]

If you are on a non immigrant category 'b' visa issued outside of Thailand then this remains valid when you Work Permit expires.

You do not have to show your Work Permit at the border when you make your 90 day runs.

If your company is making you redundant then you are entitled to severence pay which increases based on the length of your employment - see table below:

Art. 118 LPA
The amount of severance pay depends on the length of service, as follows:
- 120 days but less than 1 year: 30 days' wages
- 1 year but less than 3 years: 90 days' wages
- 3 years but less than 6 years: 180 days' wages
- 6 years but less than 10 years: 240 days' wages
- more than 10 years: 300 days' wages.
This does not apply to employees who have a fixed term contract of employment and whose employment is terminated in accordance at the end of the specified term.

Labour will help you pursue your employer for this redundancy payment if you are not paid what's due.

[Bikkii]

You do not have to cancel your permission to stay. You have a valid multiple non-B visa, the visa remains valid if you lose your job (or work permit). So you can just continue to use it for 90 day entries, finding a new job and applying for a new work permit.

Just keep doing your border runs every 90 days.

Are you sure? I am in a situation where I had a job, work permit of course and got terminated. I went to immigration for my 3 month reporting and told the officer this and that I needed more time to look for a job. He stamped my passport for another 3 months, with my visa running out next year. I have since found another job and have a new passport now as my old one had less than 6months validity. My new employer told me today I need to go to immigration to change over the stamps to new passport. But I thought I was an overstay, hence would it be better to do a visa run or go to immigration and face the chance of receiving their wrath?

[thaiexpat21]

You do not have to cancel your permission to stay. You have a valid multiple non-B visa, the visa remains valid if you lose your job (or work permit). So you can just continue to use it for 90 day entries, finding a new job and applying for a new work permit.

Just keep doing your border runs every 90 days.

Are you sure? I am in a situation where I had a job, work permit of course and got terminated. I went to immigration for my 3 month reporting and told the officer this and that I needed more time to look for a job. He stamped my passport for another 3 months, with my visa running out next year. I have since found another job and have a new passport now as my old one had less than 6months validity. My new employer told me today I need to go to immigration to change over the stamps to new passport. But I thought I was an overstay, hence would it be better to do a visa run or go to immigration and face the chance of receiving their wrath?

Are you sure the immigration officer stamped your passport for another 3 months?

If you are making 90 day reports you likely have an "extension of stay" if your visa was valid you would be making "visa" runs every 90 days.

The difference is important for you !

[Bikkii]

You do not have to cancel your permission to stay. You have a valid multiple non-B visa, the visa remains valid if you lose your job (or work permit). So you can just continue to use it for 90 day entries, finding a new job and applying for a new work permit.

Just keep doing your border runs every 90 days.

Are you sure? I am in a situation where I had a job, work permit of course and got terminated. I went to immigration for my 3 month reporting and told the officer this and that I needed more time to look for a job. He stamped my passport for another 3 months, with my visa running out next year. I have since found another job and have a new passport now as my old one had less than 6months validity. My new employer told me today I need to go to immigration to change over the stamps to new passport. But I thought I was an overstay, hence would it be better to do a visa run or go to immigration and face the chance of receiving their wrath?

Are you sure the immigration officer stamped your passport for another 3 months?

If you are making 90 day reports you likely have an "extension of stay" if your visa was valid you would be making "visa" runs every 90 days.

The difference is important for you !

Yes he def stamped my passport and told me to come back when I got my new one. I never had to do a visa run as my work sorted that out, only have to report every 3 months.Problem now is I had to cancel old passport on day I had to report, got my new passport today, so 7 days late reporting.

What do you mean diff is important to me?

[ubonjoe]

Your situation is not the same. You have an extension of stay based upon working not a visa. Your extension ended on the date you stopped working.

You have been on overstay since the date your employment ended. What you were told when you did your 90 day report was wrong or misunderstood.

You must cancel your current extension and pay an overstay of fine of 500 baht per day up to a max of 20K baht.

Your problem is compounded by you having a new passport. You cannot just leave the country showing both passport because you had an extension of stay.

If you have a work permit you could go to immigration pay the fine, have your stamps transfered and get a new extension. You of course would need documents from company for extension.

[ubonjoe]

They don't stamp your passport for 90 day reports you are given a receipt for the report with a new report date.

[thaiexpat21]

You do not have to cancel your permission to stay. You have a valid multiple non-B visa, the visa remains valid if you lose your job (or work permit). So you can just continue to use it for 90 day entries, finding a new job and applying for a new work permit.

Just keep doing your border runs every 90 days.

Are you sure? I am in a situation where I had a job, work permit of course and got terminated. I went to immigration for my 3 month reporting and told the officer this and that I needed more time to look for a job. He stamped my passport for another 3 months, with my visa running out next year. I have since found another job and have a new passport now as my old one had less than 6months validity. My new employer told me today I need to go to immigration to change over the stamps to new passport. But I thought I was an overstay, hence would it be better to do a visa run or go to immigration and face the chance of receiving their wrath?

Are you sure the immigration officer stamped your passport for another 3 months?

If you are making 90 day reports you likely have an "extension of stay" if your visa was valid you would be making "visa" runs every 90 days.

The difference is important for you !

Yes he def stamped my passport and told me to come back when I got my new one. I never had to do a visa run as my work sorted that out, only have to report every 3 months.Problem now is I had to cancel old passport on day I had to report, got my new passport today, so 7 days late reporting.

What do you mean diff is important to me?

A "Non B" mutiple entry visa requires that you exit the country every 90 days. An extension of stay requires 90 day reports. If you do have an extension of stay based on work the overstay fine could be increasing.

[Bikkii]

Looking at my old passport it says I have an extension of stay until March 2014. Wouldn't that mean I am legally allowed to be here? This was updated last time I reported, immigration officer changed this in my passport. I have the new written contract with the new employer, perhaps I will take that in and show them.

[thaiexpat21]

Looking at my old passport it says I have an extension of stay until March 2014. Wouldn't that mean I am legally allowed to be here? This was updated last time I reported, immigration officer changed this in my passport. I have the new written contract with the new employer, perhaps I will take that in and show them.

Read ubonjoe's comment number eight. Your extension ceased to be valid once you stopped work.

[ubonjoe]

I suspect you signed this form or one similar when you got your extension.

http://www.immigration.go.th/nov2004/download/pdf/form_acknow_con2stay.pdf

Screen shot of English section of form.

[Bikkii]

Ok I thought as much deep down. Kept the money for the fine for this reason.

Would I be better going to immigration office or going on visa run or leaving country and dealing with immigration at the airport?

[ubonjoe]

Your fine has already reached the 20K baht max fine.

You will have problems leaving the country at the airport because you have an extension of stay in your old passport. They will send you back to immigration for the stamp transfer. Go back and read my previous post.

[Bikkii]

Alright cheers,

So off to immigration office I will go with my 20k. I need to leave the country to get my new stamp for my new work starting next month. And no (post 13), I did not sign any form nor was I offered the chance to do so? The only thing that happened was the IO writing in my passport.

[ubonjoe]

Have 1900 baht with you to pay for a 7 day extension to leave the country or you will have to leave before midnight tomorrow.

You need a new visa not just a stamp.

[Bikkii]

Have 1900 baht with you to pay for a 7 day extension to leave the country or you will have to leave before midnight tomorrow.

You need a new visa not just a stamp.

Will do, thank you

[Bikkii]

Well just to inform of my progress at immigration.

Took my old and new passport, 20k, and new work contract. Was told by immigration that

a) I have not overstayed as I have an extension of stay till next year (I told them about my work ending situation).

The boss of immigration examined my situation (after I made the officer confirm with the superior) and found no problem with me being here.

c) I did not need to transfer anything into my new passport (sounded strange to me), just told to take both passports if leaving the country.

d) I do not have to fly out of the country to get another non B visa as was told I already have this and it is unneccesary.

To my confusion/delight and the volunteer immigration officer (farang) who I spoke with after, I was right to go with my 20k still in my pocket.

[digitalchromakey]

Well just to inform of my progress at immigration.

Took my old and new passport, 20k, and new work contract. Was told by immigration that

a) I have not overstayed as I have an extension of stay till next year (I told them about my work ending situation).

The boss of immigration examined my situation (after I made the officer confirm with the superior) and found no problem with me being here.

c) I did not need to transfer anything into my new passport (sounded strange to me), just told to take both passports if leaving the country.

d) I do not have to fly out of the country to get another non B visa as was told I already have this and it is unneccesary.

To my confusion/delight and the volunteer immigration officer (farang) who I spoke with after, I was right to go with my 20k still in my pocket.

Would love to see a scan of the said extension stamp in your passport and the last non immigrant 'b' visa you were issued at a Thai Consulate.

[Bikkii]

Well just to inform of my progress at immigration.

Took my old and new passport, 20k, and new work contract. Was told by immigration that

a) I have not overstayed as I have an extension of stay till next year (I told them about my work ending situation).

The boss of immigration examined my situation (after I made the officer confirm with the superior) and found no problem with me being here.

c) I did not need to transfer anything into my new passport (sounded strange to me), just told to take both passports if leaving the country.

d) I do not have to fly out of the country to get another non B visa as was told I already have this and it is unneccesary.

To my confusion/delight and the volunteer immigration officer (farang) who I spoke with after, I was right to go with my 20k still in my pocket.

Would love to see a scan of the said extension stamp in your passport and the last non immigrant 'b' visa you were issued at a Thai Consulate.

Oh god, here we go. another miserable no it all who just seems to know better. Yes my friend, I have made it all up just to get a stupid reaction from you.

Just for your info, pm me and i will take a photo and send it through to you, just to prove how idiotic your post was.

[digitalchromakey]

Well just to inform of my progress at immigration.

Took my old and new passport, 20k, and new work contract. Was told by immigration that

a) I have not overstayed as I have an extension of stay till next year (I told them about my work ending situation).

The boss of immigration examined my situation (after I made the officer confirm with the superior) and found no problem with me being here.

c) I did not need to transfer anything into my new passport (sounded strange to me), just told to take both passports if leaving the country.

d) I do not have to fly out of the country to get another non B visa as was told I already have this and it is unneccesary.

To my confusion/delight and the volunteer immigration officer (farang) who I spoke with after, I was right to go with my 20k still in my pocket.

Would love to see a scan of the said extension stamp in your passport and the last non immigrant 'b' visa you were issued at a Thai Consulate.

Oh god, here we go. another miserable no it all who just seems to know better. Yes my friend, I have made it all up just to get a stupid reaction from you.

Just for your info, pm me and i will take a photo and send it through to you, just to prove how idiotic your post was.

Of course you may draw whatever conclusions you like as to the intent of my post, but do please feel free to pm the two scans to me, as I am genuinely curious as regards your particular case.

[thaiexpat21]

Why the need for secrecy and PM's ?

There is no reason why the scans cannot be shared with us all.