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Switching Employers without leaving country

Featured Replies

Hi There, 

 

i am switching jobs from a non-boi company to a boi company. 

 

my understanding is that in order to accomplish this switch without having to leave the country one can visit the labour office and submit a work-permit cancellation and then take the receipt of work permit cancellation to immigration and cancel the extension of stay and obtain a 7 day extension by paying 1,900 bhat and within the 7 day period visit the one stop center and obtain new visa and work-permit? (given that the BOI company has already gotten pre-approval after submitting the paperwork online. )

 

Can someone please confirm that my understanding above is correct?

And also for both visa extension cancellation and work permit cancellation can be done by the work permit holder himself and there is no involvement from the current employer is required?

 

Thank you very much :)

 

 

Not sure about what can be done at the one stop center but this is what normally is required.

1. New employer applies for a your new work permit and obtains a work permit application approval letter.

2. You then go to immigration with a letter from you current employer stating you job has ended to cancel you current extension of stay. Then you apply for a new extension with paper work from new employer and the application approval letter.

3. Current work permit is canceled and new one is issued.

Most immigration offices will not allow you to apply for an extension during  the 7 days given to leave the country after applying for a 7 day extension.

  • Author

Thanks for the informative advice, my new employer (BOI) has advised me to obtain a 7 day extension upon cancellation. I will visit the One Stop service center on Monday to confirm the process. I will update this thread based on the official information i received from there. 

 

Thanks again. 

  • Author

However, based on what you have said, i believe the most safest option is to have the current visa extension active on the date that i am planning to visit one stop center with my new employer. I believe this can be negotiated with my current employer adding extra +1 day to my official end date would not be an issue. 

 

Thanks again

2 hours ago, ubonjoe said:

Not sure about what can be done at the one stop center but this is what normally is required.

1. New employer applies for a your new work permit and obtains a work permit application approval letter.

2. You then go to immigration with a letter from you current employer stating you job has ended to cancel you current extension of stay. Then you apply for a new extension with paper work from new employer and the application approval letter.

3. Current work permit is canceled and new one is issued.

Most immigration offices will not allow you to apply for an extension during  the 7 days given to leave the country after applying for a 7 day extension.

Would it be possible to get a work permit in Thailand while on pension?

7 minutes ago, saasgrasp said:

also from what you had replied are you saying the information provided here is incorrect? http://msnagroup.com/thaiwork-permit-and-visa-when-changing-employers/

Incorrect and out of date I would say.

Your new employer can apply for your work permit but it will not be issued until the existing one is cancelled. The work permit cancellation is done after the new extension is granted.

4 minutes ago, micmichd said:

Would it be possible to get a work permit in Thailand while on pension?

You can get a work permit while being on a pension but  not if you have an extension of stay based upon retirement.

  • Author

i have heard of instances where people are holding multiple work-permits from different employers, are you saying there is a law forbidding having multiple work-permits for different employers? if so can you please point out to section in the labour law stating this? thank you. 

Edited by saasgrasp

26 minutes ago, ubonjoe said:

You can get a work permit while being on a pension but  not if you have an extension of stay based upon retirement.

 

26 minutes ago, ubonjoe said:

You can get a work permit while being on a pension but  not if you have an extension of stay based upon retirement.

Unfortunately, that's exactly what I'm on: An O-M-Visa and an extension of stay based on retirement. I'm living with a Thai family here in Pattaya Dark Side, and I've got permanently problems with German bureaucracy (no trouble with Thais at all) 

So, I guess it should be time to make a clear cut, claim Thai Nationality, and take my pensions from Germany (private and social security, ie property) to Thailand. 

Is there any checklist about how this can be done? 

 

30 minutes ago, ubonjoe said:

You can get a work permit while being on a pension but  not if you have an extension of stay based upon retirement.

 

4 minutes ago, saasgrasp said:

i have heard of instances where people are holding multiple work-permits from different employers, are you saying there is a law forbidding having multiple work-permits for different employers? if so can you please point out to section in the labour law stating this? thank you. 

I can assure you that only one work permit can be issued in a province.

Additional jobs can be put in a work permit with permission of the employer that supported the original work permit if job is in the same province.

11 minutes ago, micmichd said:

 

Unfortunately, that's exactly what I'm on: An O-M-Visa and an extension of stay based on retirement. I'm living with a Thai family here in Pattaya Dark Side, and I've got permanently problems with German bureaucracy (no trouble with Thais at all) 

So, I guess it should be time to make a clear cut, claim Thai Nationality, and take my pensions from Germany (private and social security, ie property) to Thailand. 

Is there any checklist about how this can be done? 

 

 

If you found a job you could leave the country without a re-entry permit and re-enter the country on a tourist visa or visa exempt entry and then apply for a work permit and a non-b visa.

Not sure how you could claim Thai nationality without one of your parents being a Thai which would mean you are already a Thai national from birth.

To apply for Thai citizenship you would need to be working to meet the requirements.

Thank you, Ubonjoe, for telling me my options. 

  • Author

@ubonjoe

 

thanks for your input, i firmly believe that you are giving information on 1st or 2nd hand experience. 

 

The information what you have provided and what is being provided by some leading Thai law consultancy firms has some disconnect, 

 

i also research both ACT of employment 1978 and 2008 neither of those ACTs have mentioned any limit of work-permits 

 

I also know the process at department of employment is based on a procedure written by the director of department of employment. (i am trying to find it again, this document had additional information such as Non-O visa holders being able to hold work-permits, (where most of the time "street lawyers" in Bangkok is not aware of))

 

So i will continue my research on this and try to get some official word, i don't mind spending few thousand to get a clear answer with some official documentation (even in Thai) supporting that answer. 

 

I will keep you guys posted. 

 

Thanks again for taking your time to provide some input. 

 

 

Ubonjoe is the man. Careful the law firms... they misinformed me and got me in trouble before. I am referring to the one that advertises with a bad David Bowie model on the web page look alike, in particular.

  • Author

Here is the latest i have

 

for None-BOI to None-BOI transfers the transfer process needs to be done on the same day as ubonjoe pointed out

 

for None-BOI to BOI transfers it's allowed to be done on the 7 day period, at some occasions even by paying an overstay fee if the previous visa had run out. 

 

 

I also moved to a BOI company and the procedure was that 1st my WP was cancelled with the old company and therewith my extension of stay. I then bought a 1900thb extension and popped out a couple of days later to Singapore for the day.

 

I returned and got a 90 day stamp and then went to the One Stop. 90 day stamp was then changed to Non Imm and WP issued.

I was told I could have done it without leaving the country but to be honest I didn't want to chance it.

 

 

 

 

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