Work Permit Expired

[Bangkok1986]

Hi Guys,

 

I have a situation that i would like to get some information about;

 

I am currently employed, however, my WP has just expired on 31st January, and my employer is not going to renew it.  We have a good relationship

so there is no bad blood here.

 

I have another job lined up, however, this company has only just registered the 4 Thai staff to accommodate me.  I can start working with this company

this month.

 

My visa with my current job does not expire until end May.

 

Q1)  What is my status now that my WP has just expired, but my visa is still valid, can i start working with the new company with my current visa?

 

Q2) Can i apply for a WP with my new company but still stay on my current Non B?

 

Appreciate the feedback,

Many thanks,

Stephen

 

 

[ubonjoe]

Do you have a valid  visa from an embassy or consulate or a extension of stay from immigration.

If an extension of stay your it is already invalid since your work permit has expired. Will need to formally cancel it and leave the country to get a new visa.

[Bangkok1986]

My current visa was issued at Chaeng Wattana April 2016 and is a Non B.  My 'report' was done yesterday and the visa is valid until May.

 

I am not sure where i stand at this very moment in time because my WP has expired.

[Sule9]

Usually the Non B are issued for little more time then the expiry and you have a valid visa which allows you to renew your WP with existing company or a new company. It is a matter of Labor department & not immigration. Usually WP renewal is applied 30-60 days before expiry so I suggest you must visit Labor dept at Ding Deang for more information. Its clear that you can not work now legally until you renew your WP with new employer.

Sent from my SM-J200GU using Thaivisa Connect mobile app

[FritsSikkink]

13 minutes ago, Bangkok1986 said:

My current visa was issued at Chaeng Wattana April 2016 and is a Non B.  My 'report' was done yesterday and the visa is valid until May.

 

I am not sure where i stand at this very moment in time because my WP has expired.

I think your visa is used and you have an extension of stay until May.

 

[smutcakes]

When i was in a similar position i was required to leave the country within 24 hours, and come back in on a 30 day visa. Then had to go through the rigmarole of going abroad with all the new documentation and apply for a non B.

 

Tried things like transferring the work permit to the new company etc but nothing worked.

[Sule9]

I think your visa is used and you have an extension of stay until May.
 

When i was in a similar position i was required to leave the country within 24 hours, and come back in on a 30 day visa. Then had to go through the rigmarole of going abroad with all the new documentation and apply for a non B.
 
Tried things like transferring the work permit to the new company etc but nothing worked.

Must go to immigration also for information. I did not know on this rule because if visa is valid then why should person leave?[emoji102]


Sent from my SM-J200GU using Thaivisa Connect mobile app

[ubonjoe]

7 minutes ago, Sule9 said:

Must go to immigration also for information. I did not know on this rule because if visa is valid then why should person leave?

You don't have a visa you have an extension of the 90 day entry a visa allowed you based upon working. Since you do not have a valid work permit and are not allowed to work the reason for your extension has ended.

[smutcakes]

12 minutes ago, Sule9 said:

 

 

 

 

Must go to immigration also for information. I did not know on this rule because if visa is valid then why should person leave?


Sent from my SM-J200GU using Thaivisa Connect mobile app
 

 

 

 

 

I believe my 12 month multiple entry Non B was linked to the work visa. Once the work visa is cancelled, you lose the non b as well.

[Sule9]

Hi Guys,
 
I have a situation that i would like to get some information about;
 
I am currently employed, however, my WP has just expired on 31st January, and my employer is not going to renew it.  We have a good relationship
so there is no bad blood here.
 
I have another job lined up, however, this company has only just registered the 4 Thai staff to accommodate me.  I can start working with this company
this month.
 
My visa with my current job does not expire until end May.
 
Q1)  What is my status now that my WP has just expired, but my visa is still valid, can i start working with the new company with my current visa?
 
Q2) Can i apply for a WP with my new company but still stay on my current Non B?
 
Appreciate the feedback,
Many thanks,
Stephen
 
 

You must act fast.

[STRED]

2 hours ago, ubonjoe said:

Do you have a valid  visa from an embassy or consulate or a extension of stay from immigration.

If an extension of stay your it is already invalid since your work permit has expired. Will need to formally cancel it and leave the country to get a new visa.

What he (ubonjoe) said is correct.

 

When WP is expired for reason like this. The Valid of Visa , even shown the expiration is May. By immigration practice - they will consider that your visa should be expired same as WP's date or later  by not over 7 days.

 

It looked that you have to apply new visa and work permit again by arrangement of your new company's employer.

 

And same as above mentioned.  DOING now for all.

[overherebc]

5 hours ago, smutcakes said:

I believe my 12 month multiple entry Non B was linked to the work visa. Once the work visa is cancelled, you lose the non b as well.

 

Not really. If you have a multi entry non B it stays valid until it's enter by date even if you resign get fired whatever.

If you have a multi entry B then you must be leaving Thailand by land air whatever every 90 days and re-entering Thailand.

If you or your company are reporting to your local Imm'office every  90 days then you don't have a 'visa' no matter what anyone tells you. You are on an extension of stay that allows you to hold a WP.

If you or your company rep' are reporting to Imm' every 90 days then the day you finish work, resign, get paid off or fired then your extension of stay is cancelled and you can go to Imm' pay 1900 baht and get 7 days to sort things out, ie leave Thailand and return on a 30 visa exempt or SETV from a neighbouring or your home country.

[smutcakes]

11 hours ago, overherebc said:

 

Not really. If you have a multi entry non B it stays valid until it's enter by date even if you resign get fired whatever.

If you have a multi entry B then you must be leaving Thailand by land air whatever every 90 days and re-entering Thailand.

If you or your company are reporting to your local Imm'office every  90 days then you don't have a 'visa' no matter what anyone tells you. You are on an extension of stay that allows you to hold a WP.

If you or your company rep' are reporting to Imm' every 90 days then the day you finish work, resign, get paid off or fired then your extension of stay is cancelled and you can go to Imm' pay 1900 baht and get 7 days to sort things out, ie leave Thailand and return on a 30 visa exempt or SETV from a neighbouring or your home country.

 

Well i have/had a multiple entry Non B i did not have to leave the country ever, and often did not. When i resigned from one company, they cancelled the work visa, and the lawyer advised it was necessary to leave the country and come back in on a 30 day.

[lemonjelly]

17 minutes ago, smutcakes said:

 

Well i have/had a multiple entry Non B i did not have to leave the country ever, and often did not. When i resigned from one company, they cancelled the work visa, and the lawyer advised it was necessary to leave the country and come back in on a 30 day.

Your experience maybe, but wouldn't offer it as advice.

[smutcakes]

8 minutes ago, lemonjelly said:

Your experience maybe, but wouldn't offer it as advice.

Okay, just so i am clear for future reference, what level does someone have to get to, to be able to offer advice?

 

From what the OP described i was in a near identical position, and i have described what it was necessary to do. Both companies i worked for had thousands of staff and always had a fair number of persons on work permits, so i presume they knew what they were doing.

[overherebc]

55 minutes ago, smutcakes said:

 

Well i have/had a multiple entry Non B i did not have to leave the country ever, and often did not. When i resigned from one company, they cancelled the work visa, and the lawyer advised it was necessary to leave the country and come back in on a 30 day.

In real terms there is no such thing as a work visa in Thailand.

[overherebc]

If there was a work visa then you wouldn't need a work permit.

[overherebc]

4 minutes ago, overherebc said:

If there was a work visa then you wouldn't need a work permit.

Most likely you had an extension of stay and the lawyer/company were doing your 90 day reports. In that case they must cancel your extension.

Visas O or B Multi's stay valid until the enter by date no matter that you have a WP or not and you 'must' leave and re-enter every 90 days.

But, what do I know only having been here working since 1991.

? on multi O's B's and extensions.

[varun]

Option 1:

 

1) Get your extension of stay (valid until May) cancelled with a letter from your previous employer

2) Exit Thailand & apply for a fresh non-B with supported documents from your new employer

1) may trigger a small overstay fine, since your WP is already expired (at the time you're cancelling the extension of stay)

 

Option 2:

 

1) Stay in Thailand, based on your current extension of stay until it's expiry date

    [you should be able to do this, since the extension of stay hasn't been voided on your passport]

 

2) Once extension of stay expires, proceed with Step 2) from Option 1

 

I'd go with Option 1.

 

 

 

 

 

[Sule9]

Is it not a bit confusing that NON B visa also expires with WP even when there are additional days available?

[overherebc]

3 minutes ago, varun said:

Option 1:

 

1) Get your extension of stay (valid until May) cancelled with a letter from your previous employer

2) Exit Thailand & apply for a fresh non-B with supported documents from your new employer

1) may trigger a small overstay fine, since your WP is already expired (at the time you're cancelling the extension of stay)

 

Option 2:

 

1) Stay in Thailand, based on your current extension of stay until it's expiry date

    [you should be able to do this, since the extension of stay hasn't been voided on your passport]

 

2) Once extension of stay expires, proceed with Step 2) from Option 1

 

I'd go with Option 1.

 

 

 

 

 

If your WP is issued on an extension the the extension finishes on the same day as your WP is cancelled. Worst case would be WP cancelled on the day after you have been extended for 90 days and you stay here during those 90 days Imm' will know when they check so you will have nearly 90 days overstay. Get arrested on a stop and check in those 90 days could be a world of hurt.

[overherebc]

6 minutes ago, Sule9 said:

Is it not a bit confusing that NON B visa also expires with WP even when there are additional days available?

Not really because it's a visa and it stays valid.

I have had a few instances where companies have tried to tell me they have to cancel my visa when I finished work. I just said no you can't and kept my passport in my pocket. It's mostly companies who have no clue on the difference between an extension of stay, usually done based on a single entry B, and a Multi B.

Most of us are posting about to help people to avoid problems, not just to prove people wrong.

Many threads on this on TV and the Guru ( UBJ ) and some others are just trying to help.

[Sule9]

Not really because it's a visa and it stays valid.
I have had a few instances where companies have tried to tell me they have to cancel my visa when I finished work. I just said no you can't and kept my passport in my pocket. It's mostly companies who have no clue on the difference between an extension of stay, usually done based on a single entry B, and a Multi B.
Most of us are posting about to help people to avoid problems, not just to prove people wrong.
Many threads on this on TV and the Guru ( UBJ ) and some others are just trying to help.

Thanks for clerifying to the gentlemen who asked this question on his worries as in my first reply to him is the same as you said that visa is valid and he must get the WP renewed only and when his non b visa is about to expire then he can apply for 1 year extension. I hope its clear!

[overherebc]

4 minutes ago, Sule9 said:

Thanks for clerifying to the gentlemen who asked this question on his worries as in my first reply to him is the same as you said that visa is valid and he must get the WP renewed only and when his non b visa is about to expire then he can apply for 1 year extension. I hope its clear!

As long as his multi is valid he can continue on by leaving Thaind and re-entering every 90 days. I have done so and was never asked any questions about WP etc at Imm'.

If asked his best answer is to say he has an interview coming up and will get  a WP soon.

[lemonjelly]

3 hours ago, smutcakes said:

 

Well i have/had a multiple entry Non B i did not have to leave the country ever, and often did not. When i resigned from one company, they cancelled the work visa, and the lawyer advised it was necessary to leave the country and come back in on a 30 day.

Hazard a guess; you were actually  on Non-B + extensions rather than Non B multiple entry .....  many people get the two confused.

[overherebc]

1 hour ago, overherebc said:

As long as his multi is valid he can continue on by leaving Thaind and re-entering every 90 days. I have done so and was never asked any questions about WP etc at Imm'.

If asked his best answer is to say he has an interview coming up and will get  a WP soon.

Just a quick add on. If he leaves a couple of days before the enter by date on the multi on re-entry again before the enter by date he will still get 90 days making the visa last nearly 15 months.

If he has to travel during those 90 days a re-entry permit will keep them live but not past the date allowed.

 

[overherebc]

22 hours ago, FritsSikkink said:

I think your visa is used and you have an extension of stay until May.

 

The best way to get a clear answer would be to post a picture of your visa.

Cover your details before photographing it and the answers will be 100% correct.

[Suradit69]

23 hours ago, ubonjoe said:

Do you have a valid  visa from an embassy or consulate or a extension of stay from immigration.

If an extension of stay your it is already invalid since your work permit has expired.

 

23 hours ago, Bangkok1986 said:

My current visa was issued at Chaeng Wattana April 2016 and is a Non B.  My 'report' was done yesterday and the visa is valid until May.

Chaeng Wattana does not issue visas. As UJ said, you were given an extension of stay by immigrations.

 

Although some people think it's nitpicking to distinguish between a visa and an extension of stay, this is one (of many) examples when the difference is important. A visa issued by an embassy or consulate would not be cancelled, but an extension of stay ends when the reason for it ends.

Edited February 4, 2017 by Suradit69

[kovaltech]

5 hours ago, Sule9 said:

Is it not a bit confusing that NON B visa also expires with WP even when there are additional days available?

a valid non B VISA does not expire before the end date... but posters above are mixing a extension of stay, based on a previous Non B, with a normal VISA Non B...

 

The OP is confused to, as well is smutcakes.

 

A Extension of stay with multiple re-entry permit, is not the same as a Non B Visa with multiple entry...

 

[jojothai]

On 2/3/2017 at 5:21 PM, Sule9 said:

You must act fast.

As I understand it, you need to follow what Ubonjoe is advising.

There is normally a limited time for you to get out of the country if your WP expires and you cannot get another visa locally.

This kind of rule is not just Thailand, it applies in other asian countries.

Follow what Sule9  said.

 

I dont know what the thai rules are, but from what I know elsewhere you may only have an allowance period of between 5 to 10 days to get out.

 

Also if you are leaving after WP expiry, has the company given you final salary statement and confirmed that all thailand PAYE tax, etc due is paid.

You will probably need this to be provided for any new WP application.