Hi@all

I just have a question after a job cancellation.

Does the labour department inform the immigration about a cancelled work permit? And how does this affect to the permission of stay (extended non-immi b )? Normal thai company. No BOI, no teaching or something like that. Passport European Union. The given non-immi b is not more valid, but the extension of stay is still valid a few month. I just wan to know: I want to leave via airport. Does the immigration officer know (or can he see) that the wp is cancelled?

Edited April 24, 201610 yr by hanneswader

• No, the Labour Department do not inform Immigration.

The extension of stay is linked to you WP so the permission to stay becomes invalid on the day the WP is cancelled.

When the WP is cancelled you should leave the country or arrange for a different reason to extend your stay.

You should have no problem leaving from an airport without cancelling the extension.

The IO has no way of knowing that the WP is cancelled, however, should it be discovered that you stayed after the WP was cancelled you could be fined/penalised for overstay.

Edited April 24, 201610 yr by elviajero

Thanks, elviajero.

I know that I am theoretically on an overstay. But I also passed to inform the immigration and take the 7 day extension. I know this was a damned fault, but now I have to find out the best and cheapest way for me to leave the country. So I think for myself the best way is to fly out and put 20.000 THB into my wallet, keep the fingers crossed and pray that they not realize it. I already passed the 40 days but not the 90 days to become black listed.

Does it affect in anyway to me when I come back to Thailand?

Edited April 24, 201610 yr by hanneswader

An overstay shouldn't affect re-entry, but in that event you'd be recommended to at least re-enter with a tourist visa.

So to come back and take a 30 days stemp would be not a good solution?

Definitely not a good idea if returning immediately following an overstay. There have been a few reports of people being declined re-entry using visa exempt entry after clearing an overstay. But assuming you'll leave without the overstay being discovered you should be able to immediately return using visa exempt entry.

So if they discover me, I could make a tourist visa (60 days) and I can come back without any problem? If not what do you think is a good period of time to stay out of the kingdom?

Yes you should be able to get a tourist visa and be allowed to enter. How long you should wait before trying to re-enter using visa exempt entry is impossible to say as it is down to the individual IO at the border. There is no law/regulation that stops you from re-entering immediately, but if the IO wants to deny entry they will use suspicion of work or another legal reason.

Ok!

Thank you so much elviajero. This helps me a lot now to make a plan for leaving the country. I think the best way will be to come back with a tourist visa. Its not the problem, it just take 2 or 3 days more outside the country. Thank you very much for your help!

Just for all who are interested in this topic. I leaved Thailand after 88 days of overstay without any problem. I not become fined for that, because the immigration officer did not know about anything at the airport. The immigration officer at Phuket Airport was just surprised that I leave Thailand 7 months before my permission of stay will expire. I just said: Job cancelled and go back home. He just nod with his head and give me my passport back. Same day, just 6 hours later after a trip to KL at the immigration in Don Mueang: "Welcome back to Thailand, Sir."

I got my visa exemption and a permission of stay for 30 days without any problems.

Edited May 22, 201610 yr by hanneswader

Just for all who are interested in this topic. I leaved Thailand after 88 days of overstay without any problem. I not become fined for that, because the immigration officer did not know about anything at the airport. The immigration officer at Phuket Airport was just surprised that I leave Thailand 7 months before my permission of stay will expire. I just said: Job cancelled and go back home. He just nod with his head and give me my passport back. Same day, just 6 hours later after a trip to KL at the immigration in Don Mueang: "Welcome back to Thailand, Sir."

I got my visa exemption and a permission of stay for 30 days without any problems.

All that has the sound of hyperbole ( or misunderstanding ) about it, especially as you claim to have exited via Phuket airport with an 88 day overstay without being fined.

It is not possible to have, at the same time, an 88 day overstay and a valid 7 month permission to stay.

There is more about this tale than is being told !

Just for all who are interested in this topic. I leaved Thailand after 88 days of overstay without any problem. I not become fined for that, because the immigration officer did not know about anything at the airport. The immigration officer at Phuket Airport was just surprised that I leave Thailand 7 months before my permission of stay will expire. I just said: Job cancelled and go back home. He just nod with his head and give me my passport back. Same day, just 6 hours later after a trip to KL at the immigration in Don Mueang: "Welcome back to Thailand, Sir."

I got my visa exemption and a permission of stay for 30 days without any problems.

You were not on an overstay is the reason you were not fined. According to imagination's records and the stamp your passport you still had a valid permit to stay.

@ubonjoe

For sure you are on an overstay. Not so long you staying private as nobody is interesting in that. But if you try to do something official with a new Non-B Visa you will become problems. I was yesterday at the immigration in Chiang Mai and try to extend my new Non-B Visa for my new job. They wanted to fine for an overstay for the time between the old work permit become cancelled till I'm coming there to extend the new Non-B which means the old permission of stay become invalid. They even do not count the visa exemption from may, they say the day you come to us and cancel the permission of stay is the period for the overstay. They cannot extend a new visa before an old permission is cancelled and the period between cancelling by yourself and the cancellation of the work permit is an overstay.

What I don't get is: Why they do not fine me directly, put me into jail and deport me. Is there anyone here who have experience about a situation like that?

@ubonjoe

For sure you are on an overstay. Not so long you staying private as nobody is interesting in that. But if you try to do something official with a new Non-B Visa you will become problems. I was yesterday at the immigration in Chiang Mai and try to extend my new Non-B Visa for my new job. They wanted to fine for an overstay for the time between the old work permit become cancelled till I'm coming there to extend the new Non-B which means the old permission of stay become invalid. They even do not count the visa exemption from may, they say the day you come to us and cancel the permission of stay is the period for the overstay. They cannot extend a new visa before an old permission is cancelled and the period between cancelling by yourself and the cancellation of the work permit is an overstay.

What I don't get is: Why they do not fine me directly, put me into jail and deport me. Is there anyone here who have experience about a situation like that?

Your passport and immigration's database did not show that you were on overstay when you left the country.

You are not on an overstay now since you left the country. You previous permit to stay ended on the date you left the country.

No sure where immigration in Chiang Mai is coming from now. They certainly do not have any valid reason to deny accepting your extension application. But I can understand why they are being tough about it. The proper procedure is to have your extension cancelled before leaving.

Perhaps you are going to have to pay an agent to sort it out. CM immigration seems to prefer people using agents instead of doing it themselves.

Yeah, you are right. I talked today again to an officer of the immigration who is competent for my issue with the BOI extension. She told me, it is not really an overstay as I leaved the country, but they want a fine for not cancelling the visa in an immigration office. They do not want to accept the leaving stamp as a cancellation, because in the system the permission of stay is still valid because nobody cancel it really. I just fly out and did nothing else. The immigration officer at Phuket Airport also asked me if I'm know what am doing there by leaving the country. And I said: "Yes, by leaving the permission of stay is cancelled automatically." He confirmed me about that and also asked when I stop working in Phuket as I said "Yesterday" he start smiling and give me a departure stamp and let me pass. After that I was travelling in via DMK on a visa exemption and apply 30 days later for an extension of that at the Phuket immigration. After that I leave the country, go to Malaysia to an embassy for make a new NON-B for my new employer (which is BOI-Company) and travel back to Thailand.

So, as you can see: The passport was 5 times in the hand of the immigration office and 1 time an embassy saw this passport and after more than 5 months someone come to me and tell me I have an overstay? Am very respectful in front of the Thai authorities as I am trying to do everything here in the way of the rules and I know that this was an overstay and I did it wrong. But the way now how they want to fine it, is really a joke. If I not apply for the extension nobody will care about this broken rule. At the airport I guess the immigration officer just see the actually NOB-B if am leaving, stamp it and everything is going well.

Yeah, you are right. I talked today again to an officer of the immigration who is competent for my issue with the BOI extension. She told me, it is not really an overstay as I leaved the country, but they want a fine for not cancelling the visa in an immigration office. They do not want to accept the leaving stamp as a cancellation, because in the system the permission of stay is still valid because nobody cancel it really. I just fly out and did nothing else. The immigration officer at Phuket Airport also asked me if I'm know what am doing there by leaving the country. And I said: "Yes, by leaving the permission of stay is cancelled automatically." He confirmed me about that and also asked when I stop working in Phuket as I said "Yesterday" he start smiling and give me a departure stamp and let me pass. After that I was travelling in via DMK on a visa exemption and apply 30 days later for an extension of that at the Phuket immigration. After that I leave the country, go to Malaysia to an embassy for make a new NON-B for my new employer (which is BOI-Company) and travel back to Thailand.

So, as you can see: The passport was 5 times in the hand of the immigration office and 1 time an embassy saw this passport and after more than 5 months someone come to me and tell me I have an overstay? Am very respectful in front of the Thai authorities as I am trying to do everything here in the way of the rules and I know that this was an overstay and I did it wrong. But the way now how they want to fine it, is really a joke. If I not apply for the extension nobody will care about this broken rule. At the airport I guess the immigration officer just see the actually NOB-B if am leaving, stamp it and everything is going well.

I have never heard of anybody actually being fined for not canceling their extension. Their is no official fine that I know of. If they used the overstay fine to do it the max fine is 20k baht.

I always suggest canceling the extension as soon as a person stops working if they plan to work here again. But in many cases it is already to late to do it since they had already stopped working and are unable to get a post dated letter from their employer to avoid paying an overstay to do it.

Thats the way I have to do now. I never get the paper about the termination of my work permit by my old employer and they told me, that I can stay in the country because my permission of stay will be not invalid and they will not cancel it and i dont have to do it as well. So, now the immigration in Chiang Mai is telling me in that way.

Now I am trying to get a paper from the labour department, which shows the real date and I have to pay the overstay fee. I was scared about that they will blacklisting me and the rest of the party including jail and everything. When they told me about the overstay I just listen, take my papers and leave the immigration office as fast as I can so nobody will get the idea to fine me there and deport me or whatever. They give me now time for 2 weeks to organize the fine for not cancelling the visa. This sounds for me a little bit like: There is no real rule you have broken, but you did not do it in the correct way and I want you pay the fine or I dont extend your visa!

Edited July 14, 20169 yr by hanneswader