Change job - keep current extension and work permit

[mortenaa]

Hi guys!

My friend has worked for one company for several years. No he wants to quit, and come to work for my company.

- He wants to keep his current Work Permit

- He wants to keep his unbroken chain of extensions. Ultimately he wants to apply for PR

Is this possible? Where do we start? With labor or immigration?

Thanks for all info!

[elviajero]

The current work permit is only good for his current job and employer. It will be cancelled when he quits and so will the extension of stay. It is possible to have two employers/jobs on the same work permit but it requires the cooperation of both employers and the DOL. He will need to apply for a new work permit.

Is your friend married to a Thai?

[ubonjoe]

A new work permit would have to a applied for and work permit application approval letter issued by the Labor Ministry.

Then with paperwork from your company and the work permit application approval letter he could apply for a new extension on the date his current extension is canceled by having a termination letter from his current employer,

After the extension is done his current work permit would be canceled and his new one issued.

[mortenaa]

He is not married.

Thanks for help. Seems like your answer, Ubon Joe, is different than what my assistant got from immigration today. They basically said he had to leave, and get back on visa exemption, and start from scratch..

[digitalchromakey]

He is not married.

Thanks for help. Seems like your answer, Ubon Joe, is different than what my assistant got from immigration today. They basically said he had to leave, and get back on visa exemption, and start from scratch..

Which Immigration Office did your assistant enquire at?

In theory, with the co-operation of Labour/immiugration plus your friend's old/new employer plus some serious leg work, then what ubonjoe advises should be do-able.

Don't recommend the two employers on the same WP route - it will end in tears - guaranteed, that is unless your friend genuinely works at both companies and they both accept the situation/extra paperwork required. Anyway if one then leaves the first employment then the WP has to be cancelled anyway and re-applied for/issued for the second employer alone.

[Familyaffairs]

I have a work permit in one province, but do consulting short & medium term work elsewhere (another province) , does anyone know how to go about this ? Thanks in advance.....

[ubonjoe]

I have a work permit in one province, but do consulting short & medium term work elsewhere (another province) , does anyone know how to go about this ? Thanks in advance.....

If you are working for the same company your work permit was issued for it can be amended to state that your job requires you to work in more than one location.

[mortenaa]

A new work permit would have to a applied for and work permit application approval letter issued by the Labor Ministry.

Then with paperwork from your company and the work permit application approval letter he could apply for a new extension on the date his current extension is canceled by having a termination letter from his current employer,

After the extension is done his current work permit would be canceled and his new one issued.

So let me see if I understand the procedure correctly:

1. Apply for new work permit

2. Recieve approval letter issued by Labor

3. Go to Immigration, and bring

• Full set of documents to apply for extension (similar to any yearly extension)
• Work permit approval letter
• A termination letter issued by prev employer

4. Issue new work permit

Sounds about right?

[ubonjoe]

Yes it does.

An important point is that the termination date on the letter must be on or shortly after the date the application for the new extension is done,

[mortenaa]

So the saga continues...

My assistant went to Immigration today to ask them directly about the process.. This is what they told (un-edited - just removed name of new employee)

1. Before changing to a new job. XXXX has to go immigration to cancle his Non-B first ( 1 time of Non-B = 1 employer) If he supposed to work last date on 15 March 16 then he can go cancle this current NON-B before last date 7-14 days ( 20 Feb - 10 Mar ) Normally his company need to bring him to do this at Immigration office but not sure for his company will do it for him or not. If not, then XXXX need to prepare the document as following ;

• A letter from his current company to inform (Attention to ) Immigration Division. ( Descripe about his job will be finished on March 2016 and his last date is on 15 March 2016) If his employer do not write 15 March 16 then the immigration will count date on the issue date of letter that mean XXXX has late submit to cancle VISA ) Please prepare for Thai letter.

• A copy of Thai ID card / passport of Managing Director with signing ( a person who has name mentioned in Company Affidavit ) **Pls dont forget to ask all persons to sign on the page**

• A company affidavit (valid in 6 month from the issue date) with singing and company stamp of MD. ( Full set ) with a cerity document from DBD.

• XXXX's WHT of the latest month.

• XXXX's PND.1 of the latest month.

• Original Passport with a copy

2. After VISA cancled then XXXX has to go cancle his WP ( Should do it on the same day) now, is possible to cancle WP or Do not cancle is also OK. but in case he has to come back for work in Thailand then recommend to cancle it first.

3. XXXX has to go outside Thailand ( Tourist VISA, Etc ) , then come back again to apply for a new Non-B VISA and a new work permit.

-------

I just need to explain to my assistant that there are other ways to do it. But not sure how, when immigration says this is how we should do it.

Any help?

[mortenaa]

Which Immigration Office did your assistant enquire at?

In theory, with the co-operation of Labour/immiugration plus your friend's old/new employer plus some serious leg work, then what ubonjoe advises should be do-able.

Don't recommend the two employers on the same WP route - it will end in tears - guaranteed, that is unless your friend genuinely works at both companies and they both accept the situation/extra paperwork required. Anyway if one then leaves the first employment then the WP has to be cancelled anyway and re-applied for/issued for the second employer alone.

Chaengwattana. She went there today and tried to mention ubonjoe's way. But they were very clear that THIS IS NOT POSSIBLE, and cannot keep current extension... bla bla.. My assistant does my extensions every year, and just did all my PR stuff, so she knows the immigration procedures quite well.

[ubonjoe]

I don't really understand number one. Both situations would require something from the current employer.

Immigration is not all that familiar with getting work permits, A new work permit can applied for prior to the old one being cancelled.

Others have been able to do what I wrote about, The work permit application approval letter is even mentioned in the order that lists the documents required.

From clause 2.1 of 138/2557

"4. Copy of work permit (in the case of change of workplace, an acknowledgment of application may be used)"

[mortenaa]

I don't really understand number one. Both situations would require something from the current employer.

Immigration is not all that familiar with getting work permits, A new work permit can applied for prior to the old one being cancelled.

Others have been able to do what I wrote about, The work permit application approval letter is even mentioned in the order that lists the documents required.

From clause 2.1 of 134/2557

"4. Copy of work permit (in the case of change of workplace, an acknowledgment of application may be used)"

"From clause 2.1 of 134/2557"

Do you have the source of this information ?

Thanks!

[ubonjoe]

Clause 2.1 for extensions based upon working s in both these orders. 134 was a typo in my post (now fixed)

Police Order 327/2557 basis for extension of stay

Immigration Bureau Order 138/2557 documents for extension of stay

[mortenaa]

Clause 2.1 for extensions based upon working s in both these orders. 134 was a typo in my post (now fixed)

Police Order 327/2557 basis for extension of stay

Immigration Bureau Order 138/2557 documents for extension of stay

I guess we can start the procedure of applying for the work permit anyway, right?

[ubonjoe]

Clause 2.1 for extensions based upon working s in both these orders. 134 was a typo in my post (now fixed)

Police Order 327/2557 basis for extension of stay

Immigration Bureau Order 138/2557 documents for extension of stay

I guess we can start the procedure of applying for the work permit anyway, right?

I see no reason not to. Even if immigration was still being unhelpful the approval letter could be used to get a non-b outside the country.

[digitalchromakey]

Which Immigration Office did your assistant enquire at?

In theory, with the co-operation of Labour/immiugration plus your friend's old/new employer plus some serious leg work, then what ubonjoe advises should be do-able.

Don't recommend the two employers on the same WP route - it will end in tears - guaranteed, that is unless your friend genuinely works at both companies and they both accept the situation/extra paperwork required. Anyway if one then leaves the first employment then the WP has to be cancelled anyway and re-applied for/issued for the second employer alone.

Chaengwattana. She went there today and tried to mention ubonjoe's way. But they were very clear that THIS IS NOT POSSIBLE, and cannot keep current extension... bla bla.. My assistant does my extensions every year, and just did all my PR stuff, so she knows the immigration procedures quite well.

Thanks.

'Not possible' in Thailand can mean different things.

Yes your friend cannot keep the current extension, however a new extension can be obtained to immediately follow on from the previous one.

Here are the key event sequences:

1) There is nothing to stop the new employer from applying now for a new WP (using form WP1), if all is ok, then the WP should be granted subject to issue of a new Case 2.1 Extension and a WP1 receipt issued accordingly stating this fact.

2) A post dated cancellation letter is then issued from employer 1 once the new WP conditional approval is issued.

3) Prior to the date of the cancellation your friend bowls up at immigration to check all the papers for a Case 2.1 extension from the new employer, plus the WP1 conditional receipt.

4) Immigration can then do a conditional approval on the new extension if all the papers are in order.

5) A pre-visit to immigration to check all the ducks line up for the new extension/papers should be time well spent.

6) If there is some fundamental problem that takes a few days to resolve, then a 7 day extension would be an option.

[mortenaa]

Thanks.

'Not possible' in Thailand can mean different things.

Yes your friend cannot keep the current extension, however a new extension can be obtained to immediately follow on from the previous one.

Here are the key event sequences:

1) There is nothing to stop the new employer from applying now for a new WP (using form WP1), if all is ok, then the WP should be granted subject to issue of a new Case 2.1 Extension and a WP1 receipt issued accordingly stating this fact.

2) A post dated cancellation letter is then issued from employer 1 once the new WP conditional approval is issued.

3) Prior to the date of the cancellation your friend bowls up at immigration to check all the papers for a Case 2.1 extension from the new employer, plus the WP1 conditional receipt.

4) Immigration can then do a conditional approval on the new extension if all the papers are in order.

5) A pre-visit to immigration to check all the ducks line up for the new extension/papers should be time well spent.

6) If there is some fundamental problem that takes a few days to resolve, then a 7 day extension would be an option.

Thank you!

Im still puzzled why they immigration (senior) officer did not know about this procedure though - as my assistant carefully tried to explain to her the procedures ubonjoe gave me.

Anyway, we will try to apply for the work permit first - after the increase of capital is done.

Thank you guys! I will report back once we know more.

[sunnyjim5]

Thanks.

'Not possible' in Thailand can mean different things.

Yes your friend cannot keep the current extension, however a new extension can be obtained to immediately follow on from the previous one.

Here are the key event sequences:

1) There is nothing to stop the new employer from applying now for a new WP (using form WP1), if all is ok, then the WP should be granted subject to issue of a new Case 2.1 Extension and a WP1 receipt issued accordingly stating this fact.

2) A post dated cancellation letter is then issued from employer 1 once the new WP conditional approval is issued.

3) Prior to the date of the cancellation your friend bowls up at immigration to check all the papers for a Case 2.1 extension from the new employer, plus the WP1 conditional receipt.

4) Immigration can then do a conditional approval on the new extension if all the papers are in order.

5) A pre-visit to immigration to check all the ducks line up for the new extension/papers should be time well spent.

6) If there is some fundamental problem that takes a few days to resolve, then a 7 day extension would be an option.

Thank you!

Im still puzzled why they immigration (senior) officer did not know about this procedure though - as my assistant carefully tried to explain to her the procedures ubonjoe gave me.

Anyway, we will try to apply for the work permit first - after the increase of capital is done.

Thank you guys! I will report back once we know more.

If your assistant is Thai I expect the problem(s) relate to misunderstanding and difficulties associated with translation.

Much easier to say " No can do" !

[mortenaa]

If your assistant is Thai I expect the problem(s) relate to misunderstanding and difficulties associated with translation.

Much easier to say " No can do" !

Nah, she said a whole lot of things, so this is not about translation.

[mortenaa]

My assistant had to go to Immigration again today, regarding my PR application.

Anyway, I sent her an email last night after digitalchromakey's reply, which she read this morning. So she, once again, decided to stop by the NON-B section. This time talking to a different lady, explained like last time about changing jobs yadda yadda yadda. But now she got a totally different answer! It's indeed possible to do it how ubonjoe explained. The most important (apparently) was:

• A termination letter issued by prev employer

And they said to post date it, as then we would have more time. But it was no problem going to immigration a couple of week before that date. They even said he could apply for PR within in one year!

Well, great news anyway Let's see how it continues...