Problems with new BOI work permit

[narak34]

I've had a BOI work permit before and the new company that is applying for a new BOI work permit for me, says the BOI needs me to cancel my non-b visa first. They say that they sent my old company a form, which they were supposed to give to me but didn't. Does anyone know if this is true, and if so what form this is and how I can get my hand on one? The people at my last company are not being cooperative.

[ubonjoe]

A visa cannot be canceled.

I think you are on an extension of stay based upon working you obtained at immigration not a visa.

Your extension should of been canceled on the date you stopped working for your previous employer. Without canceling that extension you cannot apply for a new one which requires a letter from your employer stating the date you stopped working,

 

[narak34]

I never cancelled the extension of stay. I simply left the country. So do you think I need a special form to do that? Or is it simply a matter of showing up at immigration to cancel it? 

 

And is also true that I cannot get a BOI work permit on my current non-b visa? It was issued for my last company.

[narak34]

@ubonjoe Any recommendations on what to do in this case?

[BritTim]

On 11/6/2016 at 6:56 PM, narak34 said:

I never cancelled the extension of stay. I simply left the country. So do you think I need a special form to do that? Or is it simply a matter of showing up at immigration to cancel it? 

 

And is also true that I cannot get a BOI work permit on my current non-b visa? It was issued for my last company.

 

Again, are you talking about a Non B visa or an extension of stay? Do you realize they are different and the distinction matters?

 

If you have a current , unexpired multiple entry Non B visa, I would imagine you could just leave the country (canceling the current permission to stay and any extension based on it) and return with a new permission to stay, then apply for an extension of stay based on the new employer. With no valid visa, but an extension of stay, especially if paired with a re-entry permit, it is tricky without at least some evidence that your original employment has been terminated. At a land border, they probably will not even allow you to leave without.

[muzmurray]

3 hours ago, BritTim said:

 

Again, are you talking about a Non B visa or an extension of stay? Do you realize they are different and the distinction matters?

 

If you have a current , unexpired multiple entry Non B visa, I would imagine you could just leave the country (canceling the current permission to stay and any extension based on it) and return with a new permission to stay, then apply for an extension of stay based on the new employer. With no valid visa, but an extension of stay, especially if paired with a re-entry permit, it is tricky without at least some evidence that your original employment has been terminated. At a land border, they probably will not even allow you to leave without.

 

If he has a multi-entry Non-B he would not have an extension.

[narak34]

7 hours ago, BritTim said:

 

Again, are you talking about a Non B visa or an extension of stay? Do you realize they are different and the distinction matters?

 

If you have a current , unexpired multiple entry Non B visa, I would imagine you could just leave the country (canceling the current permission to stay and any extension based on it) and return with a new permission to stay, then apply for an extension of stay based on the new employer. With no valid visa, but an extension of stay, especially if paired with a re-entry permit, it is tricky without at least some evidence that your original employment has been terminated. At a land border, they probably will not even allow you to leave without.

 

 

I do have an unexpired multiple entry non-b visa. I believe I did have an extension of stay. But after I resigned I left the country. That was little over 60 days ago. So my assumption is that the extension of stay got cancelled when my last company reported me as resigned to the BOI. But then why is the BOI office saying I need to cancel my visa and get a new one in order for them to process my application?

 

And the only piece of paper I have is my resignation contract that both me and my last company signed.

[narak34]

I just called the BOI myself and what the guy there said was nonsensical. He claimed that I need to cancel my visa, but at the same time that I could use my old visa to apply for the new work permit. When I asked him whether by cancelling the visa, he meant cancelling the extension of stay. It didn't seem like he understood or knew what extension of stay was.

 

He also said that the old company needs to cancel me in the system. And something about the BOI having, or will, send them a letter that they have to give to me. I would then take that letter to the BOI office and "cancel my visa" (probably extension of stay).

 

[BritTim]

5 hours ago, muzmurray said:

If he has a multi-entry Non-B he would not have an extension.

 

In some cases, you may choose to apply for an extension of stay rather than making continual border hops for 90--day entries.

Edited November 8, 2016 by BritTim

[muzmurray]

You said " If you have a current , unexpired multiple entry Non B visa, I would imagine you could just leave the country (canceling the current permission to stay and any extension based on it)  "

 

I am just stating that you can not have both at the same time.

[BritTim]

48 minutes ago, muzmurray said:

You said " If you have a current , unexpired multiple entry Non B visa, I would imagine you could just leave the country (canceling the current permission to stay and any extension based on it)  "

 

I am just stating that you can not have both at the same time.

I stand by my statement that you can extend a permission to stay whether you have an unexpired ME visa or not. If your argument is that you cannot have two permitted to stay until dates at the same time, OK, I will concede that the extension modifies the original permitted to stay date of your entry (tourist, Non O or, as in this case, Non B).

 

Not wanting to be argumentative, but you said:

Quote

If he has a multi-entry Non-B he would not have an extension.

 

That is not always true. You can have a multiple entry Non-B visa that expires in 6 months, but still choose to get an extension of your current permission to stay.

[muzmurray]

7 minutes ago, BritTim said:

That is not always true. You can have a multiple entry Non-B visa that expires in 6 months, but still choose to get an extension of your current permission to stay.

 

As soon as you applied for an extension your Multi-entry Non-B would be invalidated, and you would be on 90 day reports as opposed to 90 day border hops.

[BritTim]

2 minutes ago, muzmurray said:

As soon as you applied for an extension your Multi-entry Non-B would be invalidated, and you would be on 90 day reports as opposed to 90 day border hops.

 

It is impossible for immigration inside Thailand to cancel a visa issued by a consulate outside Thailand, at least without bringing a case in court with appropriate legal justification.

[muzmurray]

4 minutes ago, BritTim said:

 

It is impossible for immigration inside Thailand to cancel a visa issued by a consulate outside Thailand, at least without bringing a case in court with appropriate legal justification.

 

OK, maybe invalidated was the wrong word, what about superseded, that explains it just as well.

[BritTim]

41 minutes ago, muzmurray said:

OK, maybe invalidated was the wrong word, what about superseded, that explains it just as well.

 

My last word (if you continue to see things differently, fine: I agree to disagree) ...

 

When you get an extension of stay, it makes no difference to your ability (should you so choose) to exit the country and re-enter using the unexpired visa. The visa remains the exact same status as before you extended your permission to stay. The permission to stay and the visa are (almost) completely independent of each other, regardless of whether the permission to stay was extended or not.

Edited November 8, 2016 by BritTim