What happens if I don't cancel my visa when I leave my job?

[Britchick]

I have recently left my school of 2.5 years due to a number of issues but did not give them the required 3 months (yes 3 months) notice. I kept my work permit and didn't give it back to the school to cancel (can they cancel without the permit?). I also have not cancelled my current extension. I was planning on leaving the country to come back on a tourist visa but my new school advised me I don't need to until my 90 day report is due. I have a brand new extension from my old school. I have read numerous posts about needing to leave the country within 7 days so have been a bit concerned. I called the immigration office to ask what I should do. They said I need to cancel my visa myself and my previous school cannot do this for me.And as stated would have 7 days to leave the country. I asked what would happen if I didn't cancel it. Would I be fined? it seemed the adviser did not want to tell me either way and this drew me to the conclusion that immigration do not know that you have left your place of work unless you inform them.

I really want some advice from others who have been in this position. Will I be OK to stay here on my current visa for the next few weeks at least (its been 2 weeks since I left my last job). Any help will be greatly appreciated.

[arthurwait]

You're work permit is no longer valid as you no longer work there, therefore your visa isn't valid.

No you don't have 7 days to leave the country, you can apply for a 7 day extension at immigration at a cost of 1900 Baht.

If the school has cancelled your work permit officially you are now on over stay at 500 Baht a day.

You can either find out by talking to the school or find out at your next visit to immigration or the border or if the police pick you up.

[Britchick]

So when I get to the border for Laos when I go for my visa run the border control will definitely know I have overstayed? I tried to explain this to the new school but they said it would be fine! I just don't know what to believe! Like I said the immigration office I called couldn't give me a yes no answer. Worrying! as I don't have the funds for a border run right now!

[Britchick]

Also what is the point in having to go to immigration to cancel your visa if it is automatically cancelled?

[thepool]

Presumably you had an extension of stay based on working. The day that work ceased, for whatever reason, the extension became invalid.

It would seem you are now deep into "overstay" territory.

However ---- wait for one of the Moderators to arrive.

They will provide some sound advice as to what can now be done .

[Psych01]

As I understand it, when you leave employment on a Non-B visa with the corresponding work permit, technically (legally) you and a Thai employee of the employer are supposed to go to immigration to cancel the visa, you then have 7 days to exit Thailand or get a new 7 day extension of stay. Then, you are both supposed to go to the local office for work permits and cancel the work permit together.

Trouble is this is rarely done due to non-Thai nationals and Thai nationals not really knowing what to do, as the people in charge do not really know or enforce it.

I have done this myself when I left employment for a previous company, I left the company and neither of us cancelled the visa or cancelled the work permit. I stayed until the end of the 90 day report, then left to Laos for a new type of visa, no problems or late fees.

Edited April 29, 2014 by Psych01

[jspill]

Was also in this situation, I didn't leave the country in the 7 days, just continued on. Had no problems leaving on the date stamped in my passport months later.

[Britchick]

Thank You! This is the reassurance I needed.

[ubonjoe]

If you try that be sure you have enough baht with you to pay the fine just in case your extension has been canceled.

[philcobkk]

If you dont even have funds to do a visa run you should not have left your job!!

[Soutpeel]

As I understand it, when you leave employment on a Non-B visa with the corresponding work permit, technically (legally) you and a Thai employee of the employer are supposed to go to immigration to cancel the visa, you then have 7 days to exit Thailand or get a new 7 day extension of stay. Then, you are both supposed to go to the local office for work permits and cancel the work permit together.

Trouble is this is rarely done due to non-Thai nationals and Thai nationals not really knowing what to do, as the people in charge do not really know or enforce it.

I have done this myself when I left employment for a previous company, I left the company and neither of us cancelled the visa or cancelled the work permit. I stayed until the end of the 90 day report, then left to Laos for a new type of visa, no problems or late fees.

Problem I see with the OP, is that they are not on a Non-imm b, they are on an extension of stay, ie they are not on a visa, therefore permission to stay ends the day employment ends, there is no 7 days grace period, and to remain in country you need to purchase a 7 day extension for THB 1900....

So one suspects the OP is now on an overstay

[digitalchromakey]

Thank You! This is the reassurance I needed.

Don't feel too re-assured, you are almost certainly already on an overstay.

You need a new Work Permit for your new job, you cannot use the existing WP, it ends with you job, unless it is with an agency and you are employed by the agency.

Change jobs - new WP.

You say you have 'extended' your permission to stay, by this do you mean you have done another 90 day report, or has your new employer supplied you with papers, etc that you took to immigration to get a fresh extension - again, extension to stay for employment, teaching ends with the job.

All might not be lost if your old employer did not cancel your WP.

Do the following, get you new employer to apply for the new WP today and supply you with all the papers to get a new extension of Pernission to Stay, as soon as the new WP application is filed success fully go to Labour with the school papers and file for a new extension - you will need to cancel the old WP at the same time - form attached below:

wp_cancellation.pdf

Good luck and just be prepared to get wacked with an overstay (500 THB/day) if your old employer cancelled your WP.

[Britchick]

My old school told me my permits had been cancelled but this was during the holidays and at this time they had no visa officer employed at the school (they were also unhappy with me leaving) So it may not have been done also I told them I was leaving the country so it may have just been an extra hassle for them to do this.

My lack of funds have nothing to do with anyone on this thread. If I have overstayed the cost of my visa run plus the overstay of 20,000 baht is a lot of money when you get paid very little in the first place.

What I was asking was can they cancel my work permit if they don't have it in their possession and will border control actually know I have overstayed if I have not been in person to cancel it? They are my real questions if I can get the correct answers to these I will know where I stand

[digitalchromakey]

My old school told me my permits had been cancelled but this was during the holidays and at this time they had no visa officer employed at the school (they were also unhappy with me leaving) So it may not have been done also I told them I was leaving the country so it may have just been an extra hassle for them to do this.

My lack of funds have nothing to do with anyone on this thread. If I have overstayed the cost of my visa run plus the overstay of 20,000 baht is a lot of money when you get paid very little in the first place.

What I was asking was can they cancel my work permit if they don't have it in their possession and will border control actually know I have overstayed if I have not been in person to cancel it? They are my real questions if I can get the correct answers to these I will know where I stand

Yes - they can cancel your WP if they don't have it.

Employers don't need the actual WP to cancel it, look at the cancellation form I posted above - for the WP to be cancelled by the employer it lists Work Permit (if any).

You can check for previous posts where teachers have reported turning up at land borders with extensions for teaching and have been refused exit without valid re-entry permits.

Chances are you are already on an overstay, talk to your new employer plus your old one and try to sort this mess out.

Edited April 29, 2014 by digitalchromakey

[djayz]

As I understand it, when you leave employment on a Non-B visa with the corresponding work permit, technically (legally) you and a Thai employee of the employer are supposed to go to immigration to cancel the visa, you then have 7 days to exit Thailand or get a new 7 day extension of stay. Then, you are both supposed to go to the local office for work permits and cancel the work permit together.

Trouble is this is rarely done due to non-Thai nationals and Thai nationals not really knowing what to do, as the people in charge do not really know or enforce it.

I have done this myself when I left employment for a previous company, I left the company and neither of us cancelled the visa or cancelled the work permit. I stayed until the end of the 90 day report, then left to Laos for a new type of visa, no problems or late fees.

I've also been in a very similar situation with my previous employer. Neither of us cancelled the visa and I stayed here for about 3 months after I resigned/finished work. I then went to Nong Khai and cancelled my visa at Immigration there. Went directly to the border crossing and left the Kingdom within 1 hour of cancelling the visa. No problems, no questions.

You will, however, need some documents from your previous employer confirming your last day of employment. My former employer was very nice and didn't use the actual date, but a date which coincided with my departure as this had already been agreed upon.

If you talk to your employer and tell them when you plan on leaving the country, maybe they'll be nice enough to give you the later date. If so, no have nothing to worry about. If, however, they insist on doing in the right way (i.e. using the date you last worked), then you should leave the Kingdom asap otherwise you'll have some explaining to do at Immigration. I can't comment on the possible consequences as I've never been in that situation.

I suggest you call your former school and talk to them about the documents you'll be needing for immigration.

Good luck.

[thaimiklo]

I had a VERY similar situation and I'm not saying my actions were technically correct, but here's what happened:
Basically, my employer notified me months after the fact that they had cancelled my WP. They wanted me to leave the country with a letter in hand that they said would make sure I didn't get any overstay fees. They also begged me not to mention or show that I still had my WP book.

In any case, I ended up going to immigration to apply for a re-entry permit (which I received without any issues) and while there I showed an officer my WP book and my Visa and explained that my employer said they cancelled my WP. She looked at both and told me I was fine to stay until my Visa expired.
Long story, short. . . I ended up leaving the country for a week and returning with my re-entry permit with absolutely NO ISSUES. Mind you, I haven't attempted to get a new WP (and imagine I might have some difficulties when that time comes), but plan to leave when my visa does expire and come back on a tourist.

To the OP, based on my little experience here, I'm pretty sure you're correct in saying that they don't know you stop working unless you tell them. And if you're looking to save some time and cash and don't mind the slim possibilities of some headaches in the future, you're probably ok. Again, I know this isn't technically what you're supposed to do, but being that immigration told me I was ok and I was able to get and use a re-entry permit without problems, well. . . make your own decision and good luck!

[arthurwait]

My old school told me my permits had been cancelled but this was during the holidays and at this time they had no visa officer employed at the school (they were also unhappy with me leaving) So it may not have been done also I told them I was leaving the country so it may have just been an extra hassle for them to do this.

My lack of funds have nothing to do with anyone on this thread. If I have overstayed the cost of my visa run plus the overstay of 20,000 baht is a lot of money when you get paid very little in the first place.

What I was asking was can they cancel my work permit if they don't have it in their possession and will border control actually know I have overstayed if I have not been in person to cancel it? They are my real questions if I can get the correct answers to these I will know where I stand

The only place you will get the real answer you need is at the school.

If they have cancelled our permits then you are overstaying at 500Baht a day upto a maximum of 25,000 Baht.

[digitalchromakey]

I had a VERY similar situation and I'm not saying my actions were technically correct, but here's what happened:

Basically, my employer notified me months after the fact that they had cancelled my WP. They wanted me to leave the country with a letter in hand that they said would make sure I didn't get any overstay fees. They also begged me not to mention or show that I still had my WP book.

In any case, I ended up going to immigration to apply for a re-entry permit (which I received without any issues) and while there I showed an officer my WP book and my Visa and explained that my employer said they cancelled my WP. She looked at both and told me I was fine to stay until my Visa expired.

Long story, short. . . I ended up leaving the country for a week and returning with my re-entry permit with absolutely NO ISSUES. Mind you, I haven't attempted to get a new WP (and imagine I might have some difficulties when that time comes), but plan to leave when my visa does expire and come back on a tourist.

To the OP, based on my little experience here, I'm pretty sure you're correct in saying that they don't know you stop working unless you tell them. And if you're looking to save some time and cash and don't mind the slim possibilities of some headaches in the future, you're probably ok. Again, I know this isn't technically what you're supposed to do, but being that immigration told me I was ok and I was able to get and use a re-entry permit without problems, well. . . make your own decision and good luck!

You can keep your Work Permit when you finish work, it's issued to you, it's not your employer's property. Ideally the WP should be returned to Labour.

If the WP is cancelled/expired, then the only option is to apply to Labour afresh.

The person you spoke to at immigration either advised you incorrectly, or maybe did not understand that your employer had actually cancelled your WP at Labour.

If you don't have a Work Permit and your are working, then you are doing so illegally. If you are not working and are here on an extension for work, then your are on an overstay.

This is not an issue of mere 'technicalities' - if you get caught out - you could be liable to being imprisoned, fined then deported.

Edited April 29, 2014 by digitalchromakey

[MonsterP]

Britchick - Speaking from experience:-

Yes, the company can cancel your work permit without having the book but it's more convenient and courteous if you hand it back.

Yes, the company can also cancel your work visa without having your passport, often the two will happen at the same time.

Usually, after a foreign employee's job has finished, for whatever reason, a company needs to do the above within a couple of weeks of the employees contract terminating otherwise immigration will be asking them questions, not happy.

I would advise you to do this:-

1) call your company and ask the HR if they have cancelled your work permit and visa. If so, what date?

2) call immigration to confirm if your work permit and visa are cancelled yet.

Only these two conclusions will tell you what status you are at right now, and thus what to do next.

Your new employer may want you to fly out of the country to obtain your Business visa to come back in to then apply for your next work visa and work permit (which they pay for all expenses), I'm not sure if a boarder run is sufficient, but they should confirm to you.

All the best if you want to continue in TH.

Sent from my iPhone using Thaivisa Connect Thailand

[Britchick]

Just called the immigration office to ask about this. He said my visa and WP must be cancelled on the same day. If I do not go to immigration and inform them and then I leave Thailand without a letter from my old school there will be a note put on my passport which may cause problems in receiving my next visa.

However immigration do not know I have left my employment without me going in person to the office and informing them with a letter from my old school.

In my opinion this means I will not be charged overstay as they do not know.

[thepool]

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Just called the immigration office to ask about this. He said my visa and WP must be cancelled on the same day. If I do not go to immigration and inform them and then I leave Thailand without a letter from my old school there will be a note put on my passport which may cause problems in receiving my next visa.

However immigration do not know I have left my employment without me going in person to the office and informing them with a letter from my old school.

In my opinion this means I will not be charged overstay as they do not know.

You have received good advise here.

You must now decide what to do !

Make the right choice !

[digitalchromakey]

Just called the immigration office to ask about this. He said my visa and WP must be cancelled on the same day. If I do not go to immigration and inform them and then I leave Thailand without a letter from my old school there will be a note put on my passport which may cause problems in receiving my next visa.

However immigration do not know I have left my employment without me going in person to the office and informing them with a letter from my old school.

In my opinion this means I will not be charged overstay as they do not know.

So you think that when your new WP application is filed by your current employers and a new extension is sought, that no one will notice?

Or are you planning on working illegally to further compound your overstay?

You are a teacher, just put your sensible head on for a minute and think what you would say to one of your pupils in front of you explaining their failure to follow procedures/rules.

It's not quite 'sorry teacher, the dog ate my homework', however.

It may still not be too late to sort all of this out, potentially with no cost, however I really don't think that putting your head in the sand is the best answer.

Each day you delay dealing with this could well cost you an additional 500 THB up to a maximum of 20,000 THB.

[thepool]

digitalchromakey

"You are a teacher, just put your sensible head on for a minute and think what you would say to one of your pupils in front of you explaining their failure to follow procedures/rules."

Is there an oxymoron contained within that sentence ?

[Britchick]

I'm certainly not burying my head in the sand. I am trying to work out a cost effective way to keep my visa running whilst my new work sort out paperwork. Visa runs are very expensive especially if you are between jobs.

I am not yet working so I'm not working illegally here. You are talking as if we live in a country that do things by the book, remember this is Thailand we have all been screwed over here at some point.

I will do what I need to do hopefully without getting myself into trouble.

[thepool]

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I'm certainly not burying my head in the sand. I am trying to work out a cost effective way to keep my visa running whilst my new work sort out paperwork. Visa runs are very expensive especially if you are between jobs.

I am not yet working so I'm not working illegally here. You are talking as if we live in a country that do things by the book, remember this is Thailand we have all been screwed over here at some point.

I will do what I need to do hopefully without getting myself into trouble.

Do you actually have a "visa" or (more likely) an extension of stay based on working ?

Factual errors also do not assist ie " I have a brand new extension from my old school"

Schools never issue extensions !

You would be very wise to heed what digitalchromakey and others have told / adviced .

However , you are, of course, free to do what you need to do.

Many of us have lived/worked in Thailand for many years without being "screwed over" !

Its all about knowing and playing by the rules ! Exactly the same in your country of origin!

[MonsterP]

Britchick - Did you ask the two questions that I suggested yet?!?!

Without doing so, you will be no further in knowing for sure what your status is in TH! You will still be guessing and trying to chance a possible visa that you may or may not have anymore.

This just risks the potential for greater overstay fines plus a bad record. Not to mention a possible refusal of your next work permit if the authorities are not happy of such a record.

Flights and boarder runs to start a new work permit and visa for a new job are the pills that need to be swallowed if you want to work in TH, irrelevant of cost.

...we're only trying to help...

Sent from my iPhone using Thaivisa Connect Thailand

[rogerpilly]

From my understanding, this is the bottom line: I freind of mine canceled his WP, but did not cancel his Extension of Stay and remained in Thailand for a few months. You are correct when you say that, unless you cancel your extension, the immigration does not know your WP has been cancelled, so you can leave with no hassle. This is what happened to my friend when he left, but he was not planning on coming back to Thailand. Your case is different, so you have to be very cautios because when you apply for your new extension after you get your new WP, they may notice you overstayed. So, in my opinion, your problem is not likely to be at the border, but when you do your new papers.

Just be very careful!

[Britchick]

Yes,

I have done both the things you advised me to do. My old school is yet to get back to me and immigration couldn't tell me over the phone if it had been cancelled but as I said told me I need to do this in person at the office in Bangkok (which means no) I very much appreciate everybody's advice it is just very frustrating that I get different answers all the time. In reality nobody actually knows what will happen. I will go and get a tourist visa asap, pay the fine and then deal with the extra visa issues at a later date. It would be nice if the visa people at the school at least had the right information. I was told to do what I am doing now and of course I am responsible for not overstaying but would think the experts would at least know the score. Who knows!? I will let you all know what happens when and if I get back.

[Soutpeel]

I'm certainly not burying my head in the sand. I am trying to work out a cost effective way to keep my visa running whilst my new work sort out paperwork. Visa runs are very expensive especially if you are between jobs.

I am not yet working so I'm not working illegally here. You are talking as if we live in a country that do things by the book, remember this is Thailand we have all been screwed over here at some point.

I will do what I need to do hopefully without getting myself into trouble.

If you have been on extension of stay for employment for 2.5 years, you haven't had a visa for a long time

[Britchick]

Yes I have done both. I thank everyone for their advice I really do I just wish there was a straight answer to my questions its so confusing. I think I will just have to do my visa run asap, pay the fine if needs be and deal with the extra visa issues when I get to it. I will let you all know how it goes!