LAST MINUTE! Can I stay or do I need to go? Current non-B 3 month. 1 year paperwork not ready!

[bkk7]

I feel TOTALLY screwed. I am very nervous about all of my options.

I came in November for an interview on a visa waiver. I got an extension through a land border run, but I left before Christmas. Then I stayed in the US for 3 months and got a 3 month non-B. I came back and the company had 3 months to get everything in order. They didn't. I had to go back to the US and get another 3-month non-B. This time, they got paperwork together to get me a work permit. But they were slow, so there was no much time to get the non-B 1-year extension.

Tomorrow (Saturday) is the last day of my 3-month non-B.

While they were organizing the 1-year extension paperwork (that was not necessary for the work permit), they uncovered that an employee (accountant) had been embezzling money and did not pay taxes. Now the company owes a shitload. The Revenue Service is trying to determine how much they owe, but they did not give an answer today (Friday) and my visa ends tomorrow (Saturday). They HOPE to have an answer next week or the following week, but the records go way back, and it could be a HUGE sum of money.

The company does plan to pay it, but it is unclear when they will do so. Best case scenario, they get the number from the Revenue Service next week and they can pay enough to get the paperwork for me the following week i.e. 10+ days after my visa ends.

Today, I was at Immigration, hoping to extend my visa by 7 days (which is now obviously not enough time, but also turned out not to be possible to do because I would need to go make a new non-B somewhere), but after being advised by the immigration official at one of the M counters, I was given these options:

1) overstay. 500 baht per day. when my paperwork is ready, I can extend for 1-year. however, it is not clear how long it will take to clear with the Revenue Service. if this is 3 weeks, we're talking 10k+ baht in fines.

2) 7-day extension (that ship has sailed), and then leaving the country to get a new non-B (which ultimately would turn out to be the most expensive option anyway)

3) land border run. getting to a border tomorrow, walking over and back for the 30-day visa waiver (I am American), and then applying for the visa waiver to non-B in Bangkok with Form TM.87

Going over these options:

1) fines could add up if the paperwork takes too long, but I would be able to apply for the 1-year extension without leaving Thailand. I would be illegal in the meantime. I don't want to be illegal, but the immigration officer made this recommendation to me. He said I would get a mark on my visa but it would not affect my application. IS THIS A SMART MOVE? OR IS IT RISKY?

2) out. leaving the country to get a non-B tomorrow couldn't happen anyway because it would be a last minute flight and embassies don't open until Monday and I don't have the paperwork, so I would overstay already before that happened.

3) I would have 15 days (because the application with Form TM.87 needs to be submitted 15 days before the visa expires - although in this case I do not have a visa, I have a visa waiver). This would give the company 15 days, basically next week and the week after, to get the response from the Revenue Service and pay them, so I would be able to make the application the Friday after next Friday. IS THIS EVEN RISKIER? BECAUSE IF I DO NOT HAVE 15 DAYS LEFT ON MY VISA (WAIVER IN THIS CASE), I CANNOT APPLY WITH FORM T.87.

My last option... is to make the border run, and if the 15 days goes by, I will need to fly to an embassy nearby for my third non-B. I have heard that non-B's from neighboring countries can be a bigger pain in the ass. In the US, it was done in 2 days and cost me about $100. I am not keen on paying for a flight to Cambodia, paying for a hotel, and paying for a new non-B before flying back on another 3-month non-B. This would give time to the company - lots of it, but it also makes me wonder how my work permit would be affected.

[utr]

you can, since 29 august - new rules, extend a visa exempt entry by a further 30 days at your local immigration which may give you enough time? [30 days visa exempt plus 30 day extension = 60 days total].

[paz]

I think a good choice for you would be to fly to Penang and apply for a multi-entry non-imm B visa.

So, whatever it happens withe the tax situation, you can legally work, extended your work permit, and get 90 days with just a border hop.

[WonnabeBiker]

Join the club. My school even had the documents (and they have been doing this for years for all their foreign employees). The bottom line is, I had to leave the country. Am in breach of my contract and after 3 days being AWOL my job will be toast. OTOH, by not doing their part, they should bear some responsibility.

Seems like a passive-aggressive way to f i r e someone on the sly.

Having worked >120 days, severance will be payable. But by forcing the foreign employee to abandon a job and leave the country, they might try not paying any of this, including time worked. Who knows?

They let me go to Immigration with just the WP. The very last day I was lawfully in Thailand.

No chance => I paid 3 days' overstay and now worry about not being let back in at the airport.

Tell me, are you sure they really, truly want you to keep working their? Action speaks louder than words.

Something tells me, they want you not to come back. It may not be the boss who doesn't like you...

Good luck!

[WonnabeBiker]

I think a good choice for you would be to fly to Penang and apply for a multi-entry non-imm B visa.

So, whatever it happens withe the tax situation, you can legally work, extended your work permit, and get 90 days with just a border hop.

Errm, how is this possible without paperwork from the employer?

TBH, I don't understand the tax issue - can it be a red herring? You got the WP?

FYI, I was told that a Non-B Visa can o n l y be estended by 7 days.

Good luck!

[flyingdoc]

Surely a border run and Visa would be a temporary help in any case?

[NanLaew]

Any company that is sufficiently dysfunctional that it takes over 9 months to sort out the paperwork for a WP and supporting visa extension and also freely claim to have employed a thief and are delinquent on their taxes would get a very wide berth from me.

The unpaid tax issue is between the company and the Thai Revenue Department. Any link to this alleged malfeasance and their inability to properly assist with making you a 100% legal worker in Thailand is specious and I would walk away from them. There are plenty other work opportunities out there.

[4evermaat]

if you go back to the USA, make sure to get a MULTIPLE entry non-B at an honorary consulate.

[ALFREDO]

Fly out, Air Asia, Lion Air, Tiger Air, Jet Air ect. to Kuala Lumpur or Singapore, come back same day around 5.000 Baht ticket and get 30 days Visa exempt entry can extend that for 30 days later inside Thailand at Immigration.

First day of Overstay so tomorrow Sunday, no payment, no fine.

Or, go out on a landborder, same procedure.

Win time.

[bkk7]

Thanks everyone for the replies!

To clarify: I trust this employer. They do not want to fire me. I know them very, very well. They person who embezzled money has been arressted and will go to jail. This has put them in a tough position.

It is 3pm and I did not leave yet, so I am overstaying as of tomorrow.

Yes, I have a WP but not the visa extension because the documents for the non-B 1-year extension are more specific. That's when we ran into problems and the extent of the embezzling was uncovered.

I've been told that getting another non-B 3-month visa, this time from a neighboring country, could be difficult, especially because I wouldn't leave Thailand until Monday at the earliest, and I would have overstayed 2 days by then, counting Monday. I won't leave until then because I would need to wait to get the paperwork from the office, and even then, I am concerned that they will be hardcore about the paperwork.

I also don't want leaving to affect my WP which should be tied to my current visa, which if I overstay will incur a fine, but it will sitll have the same visa.

ALSO, BECAUSE MY VISA WILL ALREADY BE IN OVERSTAY, WHAT DOES THAT MEAN? I ASK BECAUSE I WONDER: DO YOU NEED A CERTAIN NUMBER OF DAYS LEFT ON YOUR VISA WHEN YOU APPLY FOR THE EXTENSION? I DIDN'T THINK ABOUT THIS UNTIL NOW... BUT THE IMMIGRATION OFFICER RECOMMENDED OVERSTAYING AND APPLYING, SO I WAS THINKING IT MUST BE OK... RIGHT?

[ubonjoe]

Immigration will often do an extension after a few days of overstay.

Your best option would be to go out for another B visa.

[mikecat]

In regard to the tax thing, this would be because when you go to immigration for your extension they want to see statement of accounts from the school.

In regard to non-b it is always easier to get it in your own country as the documentation required is minimal. If you go anywhere else, especially in Asia they want a shit load of documents.

Having to apply for a third time they well may want a letter of explanation from the company.

This situation indicates to me that they must be pretty lax, and may well be in regard to all issues regarding your employment and I would consider looking around for something more appropriate.

Good luck

[bkk7]

In regard to the tax thing, this would be because when you go to immigration for your extension they want to see statement of accounts from the school.

In regard to non-b it is always easier to get it in your own country as the documentation required is minimal. If you go anywhere else, especially in Asia they want a shit load of documents.

Having to apply for a third time they well may want a letter of explanation from the company.

This situation indicates to me that they must be pretty lax, and may well be in regard to all issues regarding your employment and I would consider looking around for something more appropriate.

Good luck

it's not a school, it's a corporation, and i'm an executive there. it's really a position that's too good to walk away from - once they clear this mess up. really, the taxes are the only issue.

[petedk]

Join the club. My school even had the documents (and they have been doing this for years for all their foreign employees). The bottom line is, I had to leave the country. Am in breach of my contract and after 3 days being AWOL my job will be toast. OTOH, by not doing their part, they should bear some responsibility.

Seems like a passive-aggressive way to f i r e someone on the sly.

Having worked >120 days, severance will be payable. But by forcing the foreign employee to abandon a job and leave the country, they might try not paying any of this, including time worked. Who knows?

They let me go to Immigration with just the WP. The very last day I was lawfully in Thailand.

No chance => I paid 3 days' overstay and now worry about not being let back in at the airport.

Tell me, are you sure they really, truly want you to keep working their? Action speaks louder than words.

Something tells me, they want you not to come back. It may not be the boss who doesn't like you...

Good luck!

Interesting.

I am in a similar situation. I have been employed by the same university for 15 years but now I am 60 they have to apply to the Ministry of Finance to continue my employment. The university offered me a 2 year contract and "forgot" to apply for the budget. It takes 2 months to get the approval from the ministry of Finance.

I managed to get a 30 day extension of my visa and WP and will probably get one more.

After that, it is any one's guess,

Severance??? From what I understand .. teachers are on one or two year contracts and have therefore no rights whatsoever to severance.

Edited September 28, 2014 by petedk