WP and visa cancelled, how much time will I have?

[murphya33]

My school want to cancel my work permit and then take me to Jomtien Immigration the same day to cancel my visa extension. My question is, how much time will immigration give me in this case on the payment of 1,900 baht, 7 days, 14 days or 30 days? If only 7 days, would it be better for me to do a visa run to Cambodia instead? Thanks for any feedback

[tonray]

Your cancellation letter can be post dated so as to give you a few days to make a border hop. The 1900 baht for 7 days is offered after your extension application is denied. Much better to border hop and get 30 or 60 days depending on what you need.

[lopburi3]

You can apply for extension, that will not be granted, allowing you to stay another 7 days.  Otherwise you should be prepared to immediately leave to obtain new visa/entry of some type.

[ajarngreg]

1 hour ago, lopburi3 said:

You can apply for extension, that will not be granted, allowing you to stay another 7 days.  Otherwise you should be prepared to immediately leave to obtain new visa/entry of some type.

 

 

 

 

  

     Are you married to a Thai?        

 

     I hope for you that you don't have too many tourist visas for Thailand in your passport. All regulations are pretty strict now.

 

    Being married would allow you to receive a Non -O in Sawannakhet based on your marriage without financial proof. Just saying. Good luck !

[edwardandtubs]

Book a flight to Vietnam on the last day of your employment and get a new tourist visa. You don't need to accompany your employer when they visit the work permit and immigration offices. 

 

 

[ajarngreg]

14 minutes ago, edwardandtubs said:

You don't need to go to the work permit office or to the immigration office. The employer just has to go to the work permit office and fill in a form. Your visa has nothing to do with them. Find out when they're going to do that and book a flight for Vietnam to get a tourist visa. Easy.

 

 

 

I'd be very careful in such a situation. It seems that the school doesn't really have a good relationship with the OP and if things go wrong he could end up being on an overstay. 

 

.If the employer decides not to fill out the form to get the wp canceled, it's the employee who's got to do that. If that would be the case, the Immigration can send the OP back to his province to get the wp canceled ( please see attached form), plus they can ask for a letter from his employer stating when his last day of employment was.

 

It happened to a colleague last year. 

         I'd prefer to be on the safe side.   

 

wp_cancellation.pdf

[edwardandtubs]

4 minutes ago, ajarngreg said:

I'd be very careful in such a situation. It seems that the school doesn't really have a good relationship with the OP and if things go wrong he could end up being on an overstay. 

 

  Would the work permit not be canceled and the OP's trying to leave the country, they could easily deny him that and send him to his employer to get the cancellation done. Please see attached form.

 

 

And she had to go to the DoL 600 km away and cancel her work permit in person.

 

         I'd prefer to be on the safe side.   

wp_cancellation.pdf

 

I changed my advice to the OP but the reality is that if he leaves at an airport he would have absolutely no problems. As soon as he exits the visa is automatically cancelled. I've never heard of anyone being denied an exit at the airport. I have heard stories of that at land borders which is why I advise him to fly to Vietnam. He just has to make sure he or his employer fills in that work permit cancellation form before he applies for a new one.

[ajarngreg]

15 minutes ago, edwardandtubs said:

 

I changed my advice to the OP but the reality is that if he leaves at an airport he would have absolutely no problems. As soon as he exits the visa is automatically cancelled. I've never heard of anyone being denied an exit at the airport. I have heard stories of that at land borders which is why I advise him to fly to Vietnam. He just has to make sure he or his employer fills in that work permit cancellation form before he applies for a new one.

 

 

 

 

You're right, but please use your imagination. If the employer or headteacher of the school doesn't know much of these laws and regulation, the OP could easily end up in a weird situation. 

 

Leaving via plane is not a guarantee that they don't want such a cancellation, the letter stating his last day of employment and perhaps his tax clearance.

 

  It's really not my intention to come up with a story, but I'd make sure that ALL is cleared before leaving the country.

 

  A lady who worked at my former school and didn't pay tax a couple of years ago and couldn't show the clearance was already in Bangkok to check in when an Immigration officer sent her back to the province where she's working to come back with the receipt.

 

  She then missed her flight that couldn't get changed and she had to travel more than 1,200 km to get that done. It wasn't possible to do that in Bangkok. 

 

I'm not saying that it will happen, but I wouldn't bet on it, to be honest. 

 

P.S. How would the OP know if the wp was canceled by the employer?

 

  

[edwardandtubs]

There is no requirement for a letter stating his last day of employment or a tax clearance form when exiting via an airport. If he follows my advice and simply flies out to Vietnam gets a tourist visa and comes back everything will be fine. Of course before he applies for a new work permit he needs to make sure the old one is cancelled by filling in a form at the work permit office. Before he applies for a new non-b he needs to make sure he has his tax receipt which of course comes from the revenue department, not the employer. As he appears to be on bad terms with his employer it's in his best interests to wipe the slate clean by going to Vietnam and then start afresh.

[ubonjoe]

7 hours ago, edwardandtubs said:

Book a flight to Vietnam on the last day of your employment and get a new tourist visa. You don't need to accompany your employer when they visit the work permit and immigration offices. 

 

The employer can cancel the work permit. They cannot have the extension canceled at immigration without the individual and his passport being with them.

[Dexlowe]

Jomtien office told me they do not allow extensions when the wp and visa are cancelled - 7 days is it, you then have to leave the country (and come back on another visa). 

 

(My office agreed to keep my visa valid for a month after my contract ended to allow me a bit of extra time to tidy up my affairs.)

[arminbkk]

Does one have to cancel an extension of stay (for work) at immigration (BKK), or can one just fly out andshow a letter from employer showing a last day of employment?

And the mentioned tax receipt presumably is for last year's tax filing, not this year's (when one quits during the year there is no tax filing yet)?

[ubonjoe]

9 minutes ago, arminbkk said:

Does one have to cancel an extension of stay (for work) at immigration (BKK), or can one just fly out andshow a letter from employer showing a last day of employment?

You can leave from an airport without a letter. If leaving at some border crossings they will want the termination letter from the employer.

Your extension only becomes invalid not canceled when you enter the country without a re-entry permit.

9 minutes ago, arminbkk said:

And the mentioned tax receipt presumably is for last year's tax filing, not this year's (when one quits during the year there is no tax filing yet)?

There is no such requirement.

[arminbkk]

Just now, ubonjoe said:

You can leave form an airport without a letter. If leaving at some border crossings they will want the termination letter from the employer.

Your extension only becomes invalid not canceled when you enter the country without a re-entry permit.

There is no such requirement.

If the extension only becomes invalid when flying out, does it then still need to be cancelled, officially at immigration?

I'm talking about a situation where one does not intend to return to work again in Thailand for at least 6 months after quitting job.

 

[edwardandtubs]

8 minutes ago, arminbkk said:

If the extension only becomes invalid when flying out, does it then still need to be cancelled, officially at immigration?

I'm talking about a situation where one does not intend to return to work again in Thailand for at least 6 months after quitting job.

 

No! Like I said, flying out wipes the slate clean so you'd just leave and come back 6 months later with a visa exempt or whatever visa you applied for.

[ubonjoe]

7 minutes ago, arminbkk said:

If the extension only becomes invalid when flying out, does it then still need to be cancelled, officially at immigration?

I'm talking about a situation where one does not intend to return to work again in Thailand for at least 6 months after quitting job.

 

Getting the cancellation done is not that important but it should be done. Having the termination letter for future use if needed would be important.

There have been cases where a person got a new job and had to go to the immigration office where the previous extension was done to have it cancelled before the new one would be issued.

[edwardandtubs]

8 minutes ago, ubonjoe said:

Getting the cancellation done is not that important but it should be done. Having the termination letter for future use if needed would be important.

There have been cases where a person got a new job and had to go to the immigration office where the previous extension was done to have it cancelled before the new one would be issued.

But this wouldn't happen if he left via an airport, would it? The extension is automatically cancelled on exit. I'm talking from personal experience. When I flew out the immigration officer even confirmed with me that I was aware that leaving would end the extension. I said yes and he stamped me out, simple as that. Admittedly, by the time I applied for a new non-b the old one would have expired anyway. But if you can exit and return without cancelling the old visa. what's the point of a re-entry permit?

[arminbkk]

Thanks for the replies @ Ubonjoe & Edwardandtubs

 

For future applications of WP and visa/extensions, does it matter if date of cancellation of last WP and cancellation/invalidation of last extension are not the same? Say you cancel WP on 20th May and fly out on extension  without re-entry permit on 1st June, does it present a problem when at any time in the future you apply for new WP and new extension of stay? 

I mean, if later you still have to officially cancel that last extension, you will have to prove the last day of employment with termination letter, and with proof of cancellation of last previous WP, no?

[ubonjoe]

15 minutes ago, edwardandtubs said:

But this wouldn't happen if he left via an airport, would it? The extension is automatically cancelled on exit. I'm talking from personal experience.

As I wrote before the the extension would be invalid but not cancelled. The cancellation can only be done at a immigration office. There is a difference between invalid and cancelled.

Entering without a re-entry permit makes it invalid since you get a new permit to stay date.

[edwardandtubs]

13 minutes ago, arminbkk said:

Thanks for the replies @ Ubonjoe & Edwardandtubs

 

For future applications of WP and visa/extensions, does it matter if date of cancellation of last WP and cancellation/invalidation of last extension are not the same? Say you cancel WP on 20th May and fly out on extension  without re-entry permit on 1st June, does it present a problem when at any time in the future you apply for new WP and new extension of stay? 

I mean, if later you still have to officially cancel that last extension, you will have to prove the last day of employment with termination letter, and with proof of cancellation of last previous WP, no?

 No. I've been in this situation and asked people on this forum and got replies that I needed a termination letter, which I couldn't get. The reality was a lot more simple. You simply go to the work permit office and fill in a form, hand it to them and that's it. You're now free to get a new work permit. No need for any letter. I asked immigration what I should do if I have no letter and then said cancel the work permit yourself and then come to us.

[Suradit69]

11 hours ago, edwardandtubs said:

As soon as he exits the visa is automatically cancelled.

He's got an extension of stay, not a visa.

 

Valid visas are rarely cancelled. Extensions of stay are invalid as soon as the reason for which they were issued ends.

 

 And if (hypothetically) he has an unused re-entry permit, why would they cancel the extension simply because he leaves the country.

 

 

 

[ubonjoe]

18 minutes ago, arminbkk said:

Thanks for the replies @ Ubonjoe & Edwardandtubs

 

For future applications of WP and visa/extensions, does it matter if date of cancellation of last WP and cancellation/invalidation of last extension are not the same? Say you cancel WP on 20th May and fly out on extension  without re-entry permit on 1st June, does it present a problem when at any time in the future you apply for new WP and new extension of stay? 

I mean, if later you still have to officially cancel that last extension, you will have to prove the last day of employment with termination letter, and with proof of cancellation of last previous WP, no?

The cancellation of the work permit is important also. When applying for a new one you can be fined for the old one not being cancelled. 

The extension and work permit cancellations are two separate issues.

If you did not cancel the old extension having the termination letter would prove the date you stopped working and the departure stamp would prove you did not stay in the country after your job ended. That is why some immigration offices have refused a new extension until the old one was cancelled.

[arminbkk]

So in practice the last day of work as stated in termination letter, is in fact not your actual last day of work, because instead of being at work, you are either at Dept of Labor cancelling your Wp, and then at immigration to cancel your extension of stay and/or then at airport to fly out!?

Point being, officially those two things (cancelling WP and extension) should be done on the same day, correct?

[edwardandtubs]

3 minutes ago, arminbkk said:

So in practice the last day of work as stated in termination letter, is in fact not your actual last day of work, because instead of being at work, you are either at Dept of Labor cancelling your Wp, and then at immigration to cancel your extension of stay and/or then at airport to fly out!?

Point being, officially those two things (cancelling WP and extension) should be done on the same day, correct?

I was told by the work permit office that you can cancel the work permit at any time, as long as you do it before applying for a new one.

[edwardandtubs]

9 minutes ago, arminbkk said:

So in practice the last day of work as stated in termination letter, is in fact not your actual last day of work, because instead of being at work, you are either at Dept of Labor cancelling your Wp, and then at immigration to cancel your extension of stay and/or then at airport to fly out!?

 

It does seem extremely unrealistic, doesn't it? With queues and traffic it would be impossible to go to the Department of Employment, then the immigration office and then get to a border before it closes. This is why I think the sensible thing to do is fly out to Vietnam, get a tourist visa then come back and you've got plenty of time to visit the Department of Employment and immigration office.

[ubonjoe]

36 minutes ago, arminbkk said:

So in practice the last day of work as stated in termination letter, is in fact not your actual last day of work, because instead of being at work, you are either at Dept of Labor cancelling your Wp, and then at immigration to cancel your extension of stay and/or then at airport to fly out!?

Point being, officially those two things (cancelling WP and extension) should be done on the same day, correct?

You don't have to do it all on the same day.

You can go to immigration a few days before your termination date and they will post date the cancellation to that date. That would give you time to leave the country before that date.

The work permit cancellation can be done before or after you go to immigration. Your employer can cancel the work permit if you give them power of attorney to do it.

 

[louse1953]

1 hour ago, edwardandtubs said:

 No. I've been in this situation and asked people on this forum and got replies that I needed a termination letter, which I couldn't get. The reality was a lot more simple. You simply go to the work permit office and fill in a form, hand it to them and that's it. You're now free to get a new work permit. No need for any letter. I asked immigration what I should do if I have no letter and then said cancel the work permit yourself and then come to us.

That is the right place to go for info,you local immi office or Ubon Joe.

[Biker Boy]

14 hours ago, ajarngreg said:

  

     Are you married to a Thai?        

 

     I hope for you that you don't have too many tourist visas for Thailand in your passport. All regulations are pretty strict now.

 

    Being married would allow you to receive a Non -O in Sawannakhet based on your marriage without financial proof. Just saying. Good luck !

You caught my eye with the comment on marriage visa. I expect to return to Thailand from Cambodia in the next several months. I am married to a Thai, but she is in the USA. I am curious regarding the requirements for the visa you recommend.

[Took]

Hi,

 

This is what I did about a half year ago.

 

The Immigration Office where I did a visa extension

told me that I could postdate the visa cancellation 

15 days before the termination date on the letter

from my school.

 

I went back to the office to try to get it cancelled

10 days before the actual termination date, only

to find that my school failed to prepare for a proper

termination letter. They forgot to have the letter

addressed to the office and put a school stamp 

on it as well. They wouldn't accept the letter so

I wasn't able to get it cancelled then. The school

had been closed so I couldn't get a new letter.

 

And I went up to Nong Khai and visited the Immigration

Office to get it cancelled. They asked me for a termination

letter and accepted the one that they wouldn't at the

office where I did the extension. Then I went on to

Vientiane and came back to Thailand again.

 

As for WP cancellation, I got a copy of Power Of Attorney

at the Labour Office, signed my name on it and sent it and

my WP to my school so that they could get it cancelled

for me.

 

Hope that helps.

[ajarngreg]

2 hours ago, Biker Boy said:

You caught my eye with the comment on marriage visa. I expect to return to Thailand from Cambodia in the next several months. I am married to a Thai, but she is in the USA. I am curious regarding the requirements for the visa you recommend.

 

     Did you marry in Thailand? No idea if that's a must. But you'd theoretically get a Non-O Multiple Entry visa based on marriage to a Thai wife.

 

         You need the original marriage certificate and a copy of her ID card. I guess she's got her Thai address in her ID card, right?

 

      You do not have to show financial proof  at the Thai consulate in Sawannakhet, near Mukdahan/Thailand. 

 

         I hope that helps. And you're allowed to work on such a visa. 

 

    P.S. She doesn't have to be with you when you apply for your visa.