Leaving Thailand without canceling work permit and permission of extension of stay

[Meron]

Dear All Respected member,

My friend has been working in Thailand for almost 16 months and now he will fly to USA without canceling his work permit and permission of extension of stay, which will be expired on October 2014, and he don't have an intention to come back to Thailand again. Does he will face any problem from immigration while he is leaving Thailand through Suvarnabhumi Airport? Any suggestion and comment?

Thanks in Advance,

[ubonjoe]

He can leave without a problem from an airport.

[Tomtomtom69]

No problems at all, likely nobody will even know. Especially if he leaves before immigration is informed of the cancellation, assuming that the employer informs the labour department, which in turn informs immigration (this is assuming the employer will have terminated or accepted the resignation of the employee by the date of departure from Thailand). As mentioned if leaving before immigration is informed, they might ask why there is no re-entry permit (assuming that the OP's friend doesn't have a re-entry permit). This is because they'll be wondering why someone would go to all the trouble of getting a work visa/extension only to lose all the privileges it brings by departing the country without a re-entry permit. If the traveler were leaving shortly before the actual expiry, then immigration probably wouldn't ask this question as the permitted date to stay would be approaching and thus they might assume that the work has ended.

However, if explained to immigration that the traveler has finished his job, if questioned at the departure checkpoint, likely they'll just shrug OK and he'll be stamped out.

I don't even think this action would have much of a bearing on future applications, provided they're made after the expiration of the old extension and no re-entries have been made to Thailand since. However, in this case the OP mentioned that this person does not intend on coming back to Thailand, so therefore it's a non-issue.

[dddave]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

[ubonjoe]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

How would immigration know about the taxes?

The only way it would be a problem is if the revenue department had filed a case against him and he was on the no departure list.

[Maroon Watcher]

...you could get a holiday re-entry form

In the unlikely event they want to know where or what ever - just say family visit or flying around to see friends.

Many people are doing the same

[Soutpeel]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

you are talking some rubbish you know ?

Read the OP

"My friend has been working in Thailand for almost 16 months and now he will fly to USA without canceling his work permit and permission of extension of stay, which will be expired on October 2014"

How would immigration know he is not coming back ?....could be a holiday he is going on, further I travel and out if Thailand regularly and have a WP and extension of stay...so based on your logic, I would be getting stopped every time and asked if my Thai taxes have been paid ?..

[Soutpeel]

...you could get a holiday re-entry form

A what ???

[Tywais]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

Many, many years ago one had to show tax receipts on departure but that is not true anymore.

[Soutpeel]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

Many, many years ago one had to show tax receipts on departure but that is not true anymore.

and one assumes many many many years ago they didn't have efficient databases either or possibly computers for that matter ?...

Edited May 28, 2014 by Soutpeel

[visarunner]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

Many, many years ago one had to show tax receipts on departure but that is not true anymore.

They stopped this 1992.

At the Airport you will have no problem leaving , however land border check point do check and hold you back.

[Soutpeel]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

Many, many years ago one had to show tax receipts on departure but that is not true anymore.

They stopped this 1992.

At the Airport you will have no problem leaving , however land border check point do check and hold you back.

So if someone on a work permit and current extension of stay walks over a land border to go on holiday to Cambodia they are checking their tax is up to date ?

Is that what your saying ?

Edited May 28, 2014 by Soutpeel

[Meron]

No problems at all, likely nobody will even know. Especially if he leaves before immigration is informed of the cancellation, assuming that the employer informs the labour department, which in turn informs immigration (this is assuming the employer will have terminated or accepted the resignation of the employee by the date of departure from Thailand). As mentioned if leaving before immigration is informed, they might ask why there is no re-entry permit (assuming that the OP's friend doesn't have a re-entry permit). This is because they'll be wondering why someone would go to all the trouble of getting a work visa/extension only to lose all the privileges it brings by departing the country without a re-entry permit. If the traveler were leaving shortly before the actual expiry, then immigration probably wouldn't ask this question as the permitted date to stay would be approaching and thus they might assume that the work has ended.

However, if explained to immigration that the traveler has finished his job, if questioned at the departure checkpoint, likely they'll just shrug OK and he'll be stamped out.

I don't even think this action would have much of a bearing on future applications, provided they're made after the expiration of the old extension and no re-entries have been made to Thailand since. However, in this case the OP mentioned that this person does not intend on coming back to Thailand, so therefore it's a non-issue.

Thanks a lot for the details. He is going to leave with a valid work permit.

[Meron]

...you could get a holiday re-entry form

In the unlikely event they want to know where or what ever - just say family visit or flying around to see friends.

Many people are doing the same

Thanks a lot Maroon

[Meron]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

He doesn't have any problem at all including taxes. Thanks a lot for your advice.

[rct99q]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

Many, many years ago one had to show tax receipts on departure but that is not true anymore.

They stopped this 1992.

At the Airport you will have no problem leaving , however land border check point do check and hold you back.

So if someone on a work permit and current extension of stay walks over a land border to go on holiday to Cambodia they are checking their tax is up to date ?

Is that what your saying ?

I was under the assumption if one was to go on holidays with a valid work permit and current extension they required a re-entry permit. If they do not have one then the extension of stay would be cancelled upon returning (or exiting). As such the immigration officers could ask why no re-entry permit and if you advise your job has been cancelled or you are not working anymore could they not ask you to return to immigration and follow the protocols on cancelling a work permit and extension of stay.

just curious as I have heard this is possible?

[dddave]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

How would immigration know about the taxes?

The only way it would be a problem is if the revenue department had filed a case against him and he was on the no departure list.

I wrote my tax warning based on an incident within the last five or six years experienced by a friend (US citizen) who was at the time, Operations Manager for a medium sized Thai company.

He was stopped at Immigration and prevented from boarding his scheduled US bound flight because he had not paid his taxes in full. I am not sure if it was in reference to that years taxes or the previous years. I also do not know exactly how Immigration Authorities determined this delinquency.. I assumed it was a database available on the Immigration Officer's monitor. I may be incorrect in that assumption but they certainly did have the information at hand. It was later determined that the issue was caused by a lapse in the payroll department's accounting. I believe he posted a cash deposit for the amount claimed as delinquent and was able to eventually board his flight and later resolved the issue.

As I said, I do not know exactly how they had the information at hand at Passport Control but they had it. I have read many times since that incident that the Thai Tax revenue authority (Sorry, I don't know the official name) has one of the most up to date and well managed computer systems in Thai Government.

[waxon]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

How would immigration know about the taxes?

The only way it would be a problem is if the revenue department had filed a case against him and he was on the no departure list.

I wrote my tax warning based on an incident within the last five or six years experienced by a friend (US citizen) who was at the time, Operations Manager for a medium sized Thai company.

He was stopped at Immigration and prevented from boarding his scheduled US bound flight because he had not paid his taxes in full. I am not sure if it was in reference to that years taxes or the previous years. I also do not know exactly how Immigration Authorities determined this delinquency.. I assumed it was a database available on the Immigration Officer's monitor. I may be incorrect in that assumption but they certainly did have the information at hand. It was later determined that the issue was caused by a lapse in the payroll department's accounting. I believe he posted a cash deposit for the amount claimed as delinquent and was able to eventually board his flight and later resolved the issue.

As I said, I do not know exactly how they had the information at hand at Passport Control but they had it. I have read many times since that incident that the Thai Tax revenue authority (Sorry, I don't know the official name) has one of the most up to date and well managed computer systems in Thai Government.

I have a non-B. Paid extra when I got it for the multiple re-entry stamp. I have departed by air and land and never been questioned about taxes.

Regarding your statement, "most up to date and well managed computer systems in Thai governement," that may be true, but if so then Thailand has some <deleted>'d government computers. I had a simple case of accidentally paying taxes double one month. When I asked if I could get a refund or apply it to next month, I was treated like a criminal. They could not find a record of me even paying once. I brought them receipts issued by the Revenue Dept and they still did not believe I had paid. They attempted to tell me the second payment was for a month I missed. I brought a whole year of receipts. They told me I had to meet with an investigator to explain why I did not want to pay taxes. I finally gave up. Great computer system indeed.

[Tomtomtom69]

Thai tax authorities have a very efficient database and if your friend owes any taxes they will have to be paid before being allowed to exit the Kingdom.

Many, many years ago one had to show tax receipts on departure but that is not true anymore.

They stopped this 1992.

At the Airport you will have no problem leaving , however land border check point do check and hold you back.

No they don't. Whilst on my non-B with multiple re-entry permit (and subsequent extension of stay with multiple re-entry permit) I exited Thailand numerous times, almost always overland (to Cambodia, Laos and Myanmar, mostly for business purposes). Not once was I questioned about anything related to taxes or even whether I had a work permit in my possession. Unlike in China, where foreigners on work visas or study visas are spoken to in Chinese by the immigration officer and the immigration officer might say something like..."oh, you work in China!" I have never encountered a Thai immigration officer that has made any remarks as to my visa status, commented on what kind of work I am doing (if on a non-B or extension) or had any chit chat with me except when I initiated the conversation first. And in just over 3 months since the first entry on my non-B I recall exiting and re-entering Thailand about 9 times, of which 7 times where overland entries/exits.

[aboctok]

It's true that in most countries, you may not leave, if you have permission to stay. If you have permission to work, you will almost certainly be detained if you attempt to leave. The logic behind this is simple: every country needs good people, and good workers. But in general, these provisions are used at the discretion of immigration authorities at the point of departure. Typically, the requirement to stay is waived for those who are desperate to leave. In relation to valid work permits, the requirement to stay and work is waived for those who are exhausted.

[waoscar]

I am in very similar situation, however I plan returning with Ed Visa. Details are;

20/5/14 given notice

20/6/14 end of notice period. Termination of employment.

17/6/14 work permit expires

1/9/14 expiry non imm B (although cancelled when wp expires)

Plan to

17/6/14 fly out to home city

30/6/14 fly in with ed visa

Discussed with home city consulate via email. No problem issueing Ed Visa. Discussed with Language school and completed application, they not mention anything either.

Will I have probelem with above plan.

Do I need to ensure old company do actions at immigration/labour

[Soutpeel]

It's true that in most countries, you may not leave, if you have permission to stay. If you have permission to work, you will almost certainly be detained if you attempt to leave.

Er I have been walking in and out of Thailand for the best part of 14 years on an extension of stay for work and have never "detained" or questioned, if one finishes the job and your WP is cancelled etc. then yes conceivably they could stop you and ask, but the OP is leaving without cancelling anything, therefore for all intents and purposes in the eyes of immigration he is going on holiday, but he is not coming back...

[Maroon Watcher]

er... and go on holiday...

(Then his paper work will be correct [for leaving] and the door would not be shut.)

Do keep up!

...you could get a holiday re-entry form

A what ???

[Maroon Watcher]

Good luck

(please Note: Maroon Watcher - I am actually a Gentleman Privateer!)

Ha Ha...

...you could get a holiday re-entry form

In the unlikely event they want to know where or what ever - just say family visit or flying around to see friends.

Many people are doing the same

Thanks a lot Maroon

[Soutpeel]

er... and go on holiday...

(Then his paper work will be correct [for leaving] and the door would not be shut.)

Do keep up!

...you could get a holiday re-entry form

A what ???

you mean a re-entry permit ?.....this is not a "holiday re-entry form".....do keep up with the correct terminology

[kawaiimomo]

I was under the assumption if one was to go on holidays with a valid work permit and current extension they required a re-entry permit. If they do not have one then the extension of stay would be cancelled upon returning (or exiting). As such the immigration officers could ask why no re-entry permit and if you advise your job has been cancelled or you are not working anymore could they not ask you to return to immigration and follow the protocols on cancelling a work permit and extension of stay.

just curious as I have heard this is possible?

I also would like to know the answer to this as I am exactly in that situation, plus overstay because there is a 2 week gap between previous and current WP (company forgot to renew it) thus the extension is not really valid although it looks valid on the passport if you don't check it with the WP.

[lemonjelly]

A colleague wants to start at a new school, but can only give 2 weeks notice. Agent informed her that they wouldn't pay her for this month if she doesn't give 30 days notice. Possible plan: wait until salary comes in, and leave anyway, meaning that going to the Labour Office with the agent to cancel WP is out of the question. Can she just leave and re-enter Thailand which will cancel NON B, thus cancelling WP, and then make new NON B and WP application for new school?

PS, don't bother with moral lectures on leaving without notice ..... thanks all

Edited January 19, 2016 by lemonjelly

[ubonjoe]

A colleague wants to start at a new school, but can only give 2 weeks notice. Agent informed her that they wouldn't pay her for this month if she doesn't give 30 days notice. Possible plan: wait until salary comes in, and leave anyway, meaning that going to the Labour Office with the agent to cancel WP is out of the question. Can she just leave and re-enter Thailand which will cancel NON B, thus cancelling WP, and then make new NON B and WP application for new school?

PS, don't bother with moral lectures on leaving without notice ..... thanks all

She can cancel the work permit herself. No need for the agent to be with her. Just complete this form and submit it: http://wp.doe.go.th/wp/images/form/form_Return.pdf

Then just leave the country unless she has a re-entry permit.

[lemonjelly]

A colleague wants to start at a new school, but can only give 2 weeks notice. Agent informed her that they wouldn't pay her for this month if she doesn't give 30 days notice. Possible plan: wait until salary comes in, and leave anyway, meaning that going to the Labour Office with the agent to cancel WP is out of the question. Can she just leave and re-enter Thailand which will cancel NON B, thus cancelling WP, and then make new NON B and WP application for new school?

PS, don't bother with moral lectures on leaving without notice ..... thanks all

She can cancel the work permit herself. No need for the agent to be with her. Just complete this form and submit it: http://wp.doe.go.th/wp/images/form/form_Return.pdf

Then just leave the country unless she has a re-entry permit.

thank you Joe