Work Permit to be expire. What now? Urgent

[ubonjoe]

I got once an annual extention granted based on my kids and my age, no financial questions were ask. But a year later, the Thais changed the law back again. Since then, money were needed to show it as it is now.

Actually the last change to the police order brought that option back. But not sure how it would be done.

The line in bold and the one under might give you some more option since your children might be old enough to support you or they might take your medical condition into consideration. This from clause 2.18 of Police Order 327/2557 basis for extension of stay.

"(5) In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht 400,000 to cover expenses for one year.

In case the father of mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over.

For other necessary cases, the Commissioner or Deputy Commissioner of Immigration Bureau is granted the authority to make decisions regarding approval on a case-by-case basis."

Thanks for that very useful information! My kids are over 20, two are over 22. All have a Thai passport & ID card. Does that mean, in your opinion, no money needs to be shown? I need to find someone who knows more about it. Please let me know more about it, if you can. That law might be something I could try. I'm over 50, of course.

I have no more info about it than what is in the police order. You should contact your local immigration office about it.

Perhaps having the order in Thai would help when talking to them. Police Order 327/2557 Thai text

[Pomthai]

Starseeker,

You say your work is coming to an end but not how or why.

Please ensure you know your rights and entitlement. Also good luck with it. The labor ministry is more often on the side of the employee than not.

Thai companies can't just fire you or terminate your employment with out cause such as gross negligence or three written warnings.

You are entitled to 1 months paid notice in most cases anyways.

Additionally the following based upon the duration of employment.

Duration of Employment Rate of Severance

120 days or more but less than 1 year 30 days salary

1 year or more but less than 3 years 90 days salary

3 years or more but less than 6 years 180 days salary

6 years or more but less than 10 years 240 days salary

10 years or more 300 days salary

[Starseeker]

Oh, I don't go that easy. And yes, I do have rights. Anyway, everything is still under consideration, either way. I just had to start to evaluate my options. Better early to do so then too late. I do think however that my employment may end or change. The odds seems to be against me, for sure. Nevertheless, I do have a family who supports me and whatever will happens has to happend. Thanks for telling me my rights.

[ThaiWai]

Thanks all for the feedback. It seems I do have some options here.

A few more questions, though (for now): If the employer does NOT send an termination letter to me, where do I stand than? Both, the VISA & Work Permit will expire beginning next months, first WP and a day later my 1 year extention permit.

Can I go (latest) on the last day of my permit to stay in Thailand to extend it in Bangkok for another 60 days? Or is the permit to stay already expired when the WP epires a day before? Do I need to change my type of VISA for the new period (of 60 days) or can I still go along with my current non-B?

Finally, as I remember, the company must employ me for another 30 days (in any way; as I'm being employed since a long time) latest after the WP expires? Usually, that goes along with the termination letter. But what if the company just do not renew my WP? And don't sent a letter? I know, it is a little bit complicated, but maybe someone has some ideas here too. Thanks thinking about it.

When your work permit expires, your visa expires as well. Youll need a cancellation letter from your employer, otherwise you could easily be on an overstay without even knowing it.

Your type of visa cant be a Non-B because youre not employed anymore, youll have to apply for a Non-O, based on your marriage.

No idea if the company must employ you for another 30 days, is it possible that youll just receive a one-month salary? I dont think that your company will renew your work permit, you need the termination letter from your employer to cancel your extension of stay and to cancel your work permit.

If you dont do that and try to leave the country to lets say apply for a Non-O in Sawannakhet, they might (will) send you back to do both cancellations first.

Best of luck.

If you are employed for many years,a company in Thailand can't just close the doors. Depending on the past employment period, they have give you a warning, that is max 30 days after having sent the termination letter. In Europe it is perhaps up to 6 months (for both sides) but in Thailand, neverthelss, it is max 30 days. That said, based on my expiration dates of WP & Stay in Thailand, it is almost the same day. But you have right, if the WP expires, so likely (sure) the permit to stay in Thailand,too. But not sure why a termination letter is still required IF both dates have practically expired the same day and likely already when having entered LAOS.

I am also trying to make any sense out of this but really it doesnt...so if you leave the country on the last day your permit expires they might not let you out if you have no termination letter from employer..if you wait one more day you are on overstay...so what are you supposed to do if your employer does not cooperate or if simply you do not want to get the employer involved?

Cancel your WP yourself, then deal with Immigration.

http://www.thaivisa.com/forum/topic/728993-work-permit-cancellation-employer-letter/

[boonchu]

If you are the registered father or the children then you could apply for having dependant Thai children. This will give a 1 year stay and you do not have to show any money in the bank.

[Starseeker]

If you are the registered father or the children then you could apply for having dependant Thai children. This will give a 1 year stay and you do not have to show any money in the bank.

Thanks. Is this based on:

-->

Actually the last change to the police order brought that option back. But not sure how it would be done.

The line in bold and the one under might give you some more option since your children might be old enough to support you or they might take your medical condition into consideration. This from clause 2.18 of Police Order 327/2557 basis for extension of stay.

"(5) In the case of parents, the father or mother must maintain an average annual income of no less than Baht 40,000 per month throughout the year or must have deposited funds of no less than Baht 400,000 to cover expenses for one year.

In case the father of mother requests to be under maintenance of children, the age of father or mother must be 50 years of age or over.

For other necessary cases, the Commissioner or Deputy Commissioner of Immigration Bureau is granted the authority to make decisions regarding approval on a case-by-case basis."

<--

or on another part of the law? If so, do you know which one? And perhaps equally important, do you know someone who done so? Sorry, for me these are important questions.

I tried to find the defination for requests to be under maintenance of children via Internet, and some officals there seemed to mentioned that it is done to help older peoples who can't meet the requirements as by law. On the other hand, someone mentioned that the supporting kid must have an income of 40K/mo (which I do not believe,as it is not written whin the code snippet above.But everything is possible!?)

[ubonjoe]

If you are the registered father or the children then you could apply for having dependant Thai children. This will give a 1 year stay and you do not have to show any money in the bank.

For a visa that is possible but not for an extension of stay. You should also go back and read read the topic and you will see that he is married to the mother of his children.

[Starseeker]

If a work permit is self-terminated (canceled by myself at the WP office,if that is even possible) what about the severance fee and the 30-days protection? I guess those are gone then too, or not?

[ubonjoe]

If a work permit is self-terminated (canceled by myself at the WP office,if that is even possible) what about the severance fee and the 30-days protection? I guess those are gone then too, or not?

There is no need to cancel the work permit until you have an official termination notice from the company.

I suggest you ignore or question the random posts that some people make with no knowledge of what you are doing because they did not read the entire topic.

[Starseeker]

"There is no need to cancel the work permit until you have an official termination notice from the company." - Thanks for that tip.

Is there a single place in Bangkok where I can discuss my issue with authorities? As it looks now, I have at least the immigration and the labor department issues (work permit & severance pay, 30 days advance notice) who needs to be clarified.

I do not cancel my work permit. I do think that would be a bad step. I also do not initate a termination letter from my end. That would be even worse!

If everything fails, I will try an extention based on "requests to be under maintenance of children" and if that is not possible, I try an extention based on "Visiting my wife" (strange term, as I'm with her 20 years+). That should give me some time.

Of course, I try also to talk with my company. In one way or another, they must come up with their mind what they realy intend to do next month. For now, they just keep mostly quiet. In any case, I do not let them to ignore my severance pay. That would be a no-no. I'm not so much afraid of having no work (my family can support me, we are living together) but of the fact to have to leave the country and starting border runs again. Like I mentioned earlier, that would be difficult for me.

Complicated issues and all at the same time. Lucky me (But I'm not crying)

If someone has some new tips or related experiences, please let me know. Thanks.

[ubonjoe]

All inquires you have at this time are with the labor ministry it seems. I think you also have some inquires with your employer as far as the 30 days notice and severance pay goes.

Immigration at Chaeng Wattana is who you need to talk to about getting an extension of stay, I think your situation warrants being qualified for one under the special clause that allows you to be supported by your family.