validity of visa B non immigrant

[ptitprince]

Dear Thai Visa forum fellows

I have a question regarding the validity of my current visa. Things are a bit complicated, so I’ll take some time to explain everything.

I have a stamp, a Non-Immigrant re-entry permit, valid until 10 September 2014. And I did my notification of staying in Thailand on Feb 12. So, in principle, I’m good until 12 May 2014.

The thing is I lost the job with which I got the non immigrant re entry permit. I lost that job in November 2013. Right away, I found another job (a short term contract, starting in December 2013, finished in February 2014). This new place was meant to take care of my work permit, and do a transfer from the previous work place (who agreed to follow up with the new place, and help with the work permit process). But January/February was the peak of the protests in BKK. So the new place told me a few times that nothing could be done, and that we had to wait… until I finished my contract. So basically, I have done my 3 months contract period at the new place with no work permit. And I don’t know if the old place has cancelled the work permit (I prefer, for the time being, not to ask them, and investigate on my own about my visa situation). Regarding that, I heard that a company cancelling a work permit has, by law, to give a 7 days notice to the ex-employee. Is that true?

I have been procastinating, for the past few weeks, about my visa situation, but a friend of mine that I saw a few days ago adviced me to urgently take care of it, and that, if I am found illegal in Thailand, I could even go to jail and/or pay a fine of 200,000 or 300,000 THB. Is that true? What do you think about this? He said that if the custom call the work permit offices, and find our that I might be illegal, I could get in this kind of trouble. Is it correct?

As for me, since my non Immigrant visa is good until September 2014 and I did my notification of stay, I’m good until May 12, as stated. But I could be wrong. I am therefore planning to exit the country by May 12 and come back with a regular tourist visa. I am even thinking of just stretching it until September.

Another thing I am thinking of doing is get a student visa. Would you suggest that I do that now, on my current non imm visa (but I am not sure I am legal, so I might tempt the devil, and take the chance to have some people see that I am illegal, if I am, and )? Or do you think it is safer that I exit the country first, get a tourist visa, then do the student visa? (my prefered choice, I reckon). In any case, do you think I am likely to pay the 20,000THB for over stay if I exit Thailand in the next few days? (I know it well, I already paid it last year…). I don’t think I will have to pay it, since I didn’t get such notification (last year, when I paid it, I received such notification, so I knew I was going to pay it, which I did at the airport, while leaving Thailand to get a new visa), but I am just asking.

In advance thank you, your feedback is appreciated.

[Briggsy]

Has your old place of employment cancelled your Work Permit to Nov 2014? If so, any permission to stay linked to that is no longer valid.

[thepool]

It would seem likely as you claim to have a "re-entry" permit that you in fact are in Thailand on an extension of stay this is further supported by your doing 90 days reports to immigration.

It is therefore likely that you are not in Thailand legally .

It would be helpful if you were to look in the passport and report ( or preferably scan and post) Exactly what is stamped in the passport.

[ubonjoe]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

[Johnnie99]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

[lostinsurin]

Depends on if you got your visa based on a work permit or before you had a work permit.

Based on work permit= overstay

Before work permit= okay and valid.

[SteveB2]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

OK - This advice sounds good.

Now from what I have read in the post so far, it would appear that your immigration status is questionable - I would then do the following - i consider it to be the least riskiest method of establishing your immigration status.

.

1. Buy yourself a cheap ticket online from Thailand to anywhere nearby with a Thai Embassy leaving as soon as possible. I hear Air Asia have lots of these going to adjacent countries for well under USD100

2. Go to the nearest ATM and withdraw THB25,000 in cash to cover your taxi to the airport plus expenses and any fines that may be levied at the airport if things get messy.

3. Get a taxi/bus to the airport. Arrive at least 3 hours before check in, and attempt to check-in and proceed to the exit gates/no-mans-land asap.

4 Note: You may wan't to consider lighting several josh sticks outside the airport building prior to your trip through customs, and hope for the best. I mean hope that your previous work permit cancellation did not make it onto the immigration system and that you are now somehow staying in Thailand without permission... since your non-Imm B status expired due to your previous job expiring.

5A. If you stroll through customs unmolested - then leave and decide on your next course of action on arrival at your destination. Consult that countries Thai embassy for viable options.

5B. If you get mollested on your outward stroll through customs and discover you are on overstay - you should have at least THB20K to cover fines. Ask Immigration to explain your options.

[Mario2008]

Depends on if you got your visa based on a work permit or before you had a work permit.

Based on work permit= overstay

Before work permit= okay and valid.

Incorrect post.

[digitalchromakey]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

The OP did not have a non-B visa, but was on a One Year Extension of Permission to Stay based on Working in the Kingdom of Thailand.

The OP's original visa is probably long expired.

Extensions of Permission to Stay have a linked 90 day reporting requirement, where you must report your address to Immigration for each continuous 90 day period you stay without exiting Thailand.

[ptitprince]

Has your old place of employment cancelled your Work Permit to Nov 2014? If so, any permission to stay linked to that is no longer valid.

Tank you. I dont think so. Last time I spoke with them, in January this year, they said they would help to do the transition for the work permit with my new working place. But this new contract finished in February, and nothing was done, as far as I know. So I dont know if they cancelled my work permit, but I guess I should assume they did. Apparently, it is the law for them to do it.

[ptitprince]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

Thank you. It sounds like I will do that. This said, as of january 2014, my old company had not canceled my work permit, because they were to help for the transition with the new company. But then my new contract ended in february, and nothing was done. The old company might have canceled it, and probably did, i guess, since then. Would you know, if i leave the country in order to come back with a tourist visa, if i am likely to pay the 20000thb fine? How would the police and/or immigration at the airport when leaving find out about me being eventually overstay, since everything looks fine on my passport? Thank you.

[ptitprince]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

Thank you. So I'm thinking of exiting Thailand asap, and come back with a tourist visa. Would you know if I'm likely to pay the 20000THB fine at the airport, or not, or more/less? Any other fine? Anything else I should know? Thank you again.

[ptitprince]

Depends on if you got your visa based on a work permit or before you had a work permit.

Based on work permit= overstay

Before work permit= okay and valid.

Thank you. Based on work permit. I dont think you can get a B non imm visa NOT BASED ON/before work permit though. Can you? Thanks.

[ptitprince]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

OK - This advice sounds good.

Now from what I have read in the post so far, it would appear that your immigration status is questionable - I would then do the following - i consider it to be the least riskiest method of establishing your immigration status.

.

1. Buy yourself a cheap ticket online from Thailand to anywhere nearby with a Thai Embassy leaving as soon as possible. I hear Air Asia have lots of these going to adjacent countries for well under USD100

2. Go to the nearest ATM and withdraw THB25,000 in cash to cover your taxi to the airport plus expenses and any fines that may be levied at the airport if things get messy.

3. Get a taxi/bus to the airport. Arrive at least 3 hours before check in, and attempt to check-in and proceed to the exit gates/no-mans-land asap.

4 Note: You may wan't to consider lighting several josh sticks outside the airport building prior to your trip through customs, and hope for the best. I mean hope that your previous work permit cancellation did not make it onto the immigration system and that you are now somehow staying in Thailand without permission... since your non-Imm B status expired due to your previous job expiring.

5A. If you stroll through customs unmolested - then leave and decide on your next course of action on arrival at your destination. Consult that countries Thai embassy for viable options.

5B. If you get mollested on your outward stroll through customs and discover you are on overstay - you should have at least THB20K to cover fines. Ask Immigration to explain your options.

Thank you. All the above seems good advice. Ref your point 4, I also hope immigration doesn't know about my PROBABLE work permit cancellation (this said, as stated before, as of January 2014 they had stil not canceled it). The "good" news is that am not likely to pay more than 20000thb, if ever (nobody mentioned a possibility of paying 200000 or 300000thb like my friend did). Anyone knows about a possible risk of paying this kind of fee? PS: I hope you are kidding when you mention the possibility of being molested. I sincerely thought i was fine, and I am not a thug, so i would understand how i could be told to pay a fine, but not physically molested. Thank you again.

[ptitprince]

It would seem likely as you claim to have a "re-entry" permit that you in fact are in Thailand on an extension of stay this is further supported by your doing 90 days reports to immigration.

It is therefore likely that you are not in Thailand legally .

It would be helpful if you were to look in the passport and report ( or preferably scan and post) Exactly what is stamped in the passport.

Thank you. I could eventually do that if I don't get the information I need. But privately. Would you like to communicate to me a valid email address? Thanks.

[ptitprince]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

The OP did not have a non-B visa, but was on a One Year Extension of Permission to Stay based on Working in the Kingdom of Thailand.

The OP's original visa is probably long expired.

Extensions of Permission to Stay have a linked 90 day reporting requirement, where you must report your address to Immigration for each continuous 90 day period you stay without exiting Thailand.

Thank you. What is OP? From what I see on my passport, it IS a B non imm visa, with a one year extension. In the "notice" section of the stamp, it says: "to keep your stay permit re-entry permit must be made before leaving Thailand". I am not planning to do that, and just come back on a tourist visa. But if I don't have a re-entry permit (which will be the case for me) as I leave Thailand, won't the officials at the airport assume that my work permit is cancelled (which is probably the case, even though i don't know for sure), and therefore fine me for sure? Anyone else knows about this? Tank you again.

[Doc46]

Depends on if you got your visa based on a work permit or before you had a work permit.

Based on work permit= overstay

Before work permit= okay and valid.

That is correct,I came in Thailand on a B and never had a job or a work permit, after 12 months ,got a retirement extension no probs !

[digitalchromakey]

When you job ended your extension of stay also ended. Technically you have been on an overstay since November.

You should leave the country and get a tourist visa.

This is fully correct. When the job finishes, a non-B visa expires automatically, whether or not you are so informed.

The 90 days reporting of address is not connected with a visa in any way. It is a separate method of keeping track of aliens, as happens in all countries.

90 day reporting will not in any way provide evidence that you have or have not a valid visa, nor that you have been here legally or illegally.

Not good news but something we should all know.

The OP did not have a non-B visa, but was on a One Year Extension of Permission to Stay based on Working in the Kingdom of Thailand.

The OP's original visa is probably long expired.

Extensions of Permission to Stay have a linked 90 day reporting requirement, where you must report your address to Immigration for each continuous 90 day period you stay without exiting Thailand.

Thank you. What is OP? From what I see on my passport, it IS a B non imm visa, with a one year extension. In the "notice" section of the stamp, it says: "to keep your stay permit re-entry permit must be made before leaving Thailand". I am not planning to do that, and just come back on a tourist visa. But if I don't have a re-entry permit (which will be the case for me) as I leave Thailand, won't the officials at the airport assume that my work permit is cancelled (which is probably the case, even though i don't know for sure), and therefore fine me for sure? Anyone else knows about this? Tank you again.

OP=Original Poster (i.e. you).

Your B Non Immigrant Visa is expired, you have an Extension of Permission to stay based on working in Thailand, this is not a visa.

Extensions of Stay based on Working in Thailand expire the day you stop work/your WP is cancelled.

If your WP is canceled already, then you are on overstay.

Best you plan to leave Thailand and get a suitable visa to return.

[digitalchromakey]

Depends on if you got your visa based on a work permit or before you had a work permit.

Based on work permit= overstay

Before work permit= okay and valid.

That is correct,I came in Thailand on a B and never had a job or a work permit, after 12 months ,got a retirement extension no probs !

No, not correct - you were on a non immigrant 'b' visa which is not an extension.

The relationship itemised by lostinsurin is incorrect, but may, by co-incidence, have described your personal situation.

Non Immigrant 'B' visas are not affected by having/losing Work Permits, but Extensions based on working in Thailand are locked to Work Permits..

Edited May 5, 2014 by digitalchromakey

[ptitprince]

Depends on if you got your visa based on a work permit or before you had a work permit.

Based on work permit= overstay

Before work permit= okay and valid.

That is correct,I came in Thailand on a B and never had a job or a work permit, after 12 months ,got a retirement extension no probs !

Hello Doc. Thanks for your post. It is very important to me. It could drastically change my strategy for the next few days/weeks/months, if it is correct. But how do I check the validity of it? I mean one can never be too sure. Do I go to immigration to check that out? But I'm afraid that if I do so, immigration will find out about my overstay, if I fall in this case, and heavily fine me. Do I ask a lawyer? I'm always afraid of their fees. Ideally, maybe we could compare our respective stamps, and see if they are the same or not. Would you be able to show me yours? Thanks again.