Visa expiration

[Zeka]

Just needed some advise for those who experienced or maybe have some little idea.

My previous employer let me use the visa that they just renewed to me before I left the company. My question is, the old employer told me that there is no need for Cancellation Letter for me, as my Visa will expire nextweek . They said, I will just go out on the day of my expiration or after the day of the expiration date and just pay for the overstay penalty. If I will do my visa Run on the day of my expiration will they still need cancellation letter? Which is the best thing to do? Please advice. Thanks!

[ubonjoe]

I suspect your visa expired long ago. I think you actually have an extension of stay based upon working that was done at immigration.

Only a few border crossing want to see a cancellation letter when departing the country. If leaving the country by air it will not be asked for.

You do not have to wait for the last day to leave.

Departing the country without a re-entry permit makes your extension invalid when you re-enter the country and get a new permit to stay date.

[Zeka]

Hi, thanks for your response! My Visa is still Valid cause I was still allowed to do re entry when I left the country few months ago, and I also had my 90days reporting, and I did also my transfer of stamps in the Immigration at Cheangwattana. Only the Work Permit was expired and they let me use the Visa  as they allow me to use it.

[Mattd]

9 minutes ago, Zeka said:

My previous employer let me use the visa that they just renewed to me before I left the company.

Must admit, a confusing post!

If, as suspected, you are on an extension of stay, then when did you leave the company? If the extension is about to expire and the company renewed this just before you left the company, then this must have been near 12 months ago?

If the extension of stay was based upon working and the company cancelled the work permit when you left (which they should have done, otherwise there are tax issues etc.) then technically you have been staying here on overstay from that point, as the extension became invalidated.

Hopefully you should have no issues departing and re-entering.

[Zeka]

I mean, I'm not sure about the extension of stay, but before I left, they renewed my Visa for one Year

[Zeka]

@Mattd yes, that was 12months ago, I left last year, but they allow me to use the Visa. 

[BritTim]

1 minute ago, Zeka said:

I mean, I'm not sure about the extension of stay, but before I left, they renewed my Visa for one Year

It is an extension of your permission to stay. The extension is invalid once the work permit is canceled.

[Mattd]

1 minute ago, Zeka said:

@Mattd yes, that was 12months ago, I left last year, but they allow me to use the Visa. 

They should not have done that, it is not correct at all, if immigration know that you have not been working, then you have one big overstay and potential ban on entering Thailand, not good!

You really have to hope the connection isn't made and your company did not inform immigration.

[Zeka]

We are still in touch of my previous company, and they were then one who told me that I'm allowed to use. Not even me, but for some also of the employees who left, they allowed us to use the Visa, because we were the One who paid for it, so, they allowed us to use

[Mattd]

14 minutes ago, Zeka said:

We are still in touch of my previous company, and they were then one who told me that I'm allowed to use. Not even me, but for some also of the employees who left, they allowed us to use the Visa, because we were the One who paid for it, so, they allowed us to use

The assumption is that you were on an extension of stay and NOT a visa, by this, the extension of stay for one year was applied for at an immigration office here in Thailand and not at an embassy overseas, the permission for stay was granted for one year with 90 day reporting, possibly with a re-entry permit for trips in and out of Thailand.

As stated, if this is an extension of stay based on working, which is almost certain, then, regardless of who paid for it, you should have left the country on the day the work permit was cancelled, or at the very least, gone to immigration to apply for another extension, which would have been refused, then you would have been given 7 days to leave the country.

There is every chance that immigration will not know and you will be able depart Thailand with no issues, just do be prepared for the worse case though, that is a 20,000 THB fine and a ban on entering Thailand again for a period of time in line with the overstay.

Your old company was bang out of order letting you stay in these circumstances and putting you at risk.

Edited June 1, 2017 by Mattd

[BritTim]

1 hour ago, Zeka said:

We are still in touch of my previous company, and they were then one who told me that I'm allowed to use. Not even me, but for some also of the employees who left, they allowed us to use the Visa, because we were the One who paid for it, so, they allowed us to use

It seems that your company acted with the best of intentions, but it was incorrect. I suggest you contact them, and warn them not to do this in future.

 

As you have been informed, you were technically on overstay as soon as your work permit was canceled. If this is detected, I am unsure how it will play out. My guess is that you would definitely need to pay a 20,000 baht fine, but they might believe your explanation on how it happened and waive the blacklisting. Hopefully, it will not be noticed.

 

If you apply for a new work permit at any point in the future, it may be better to get a replacement passport first. An eagle-eyed official might put the pieces together.

 

EDIT: Note that there is an important difference between an unexpired visa, and an extension of stay in this situation. A visa issued at a consulate outside Thailand is valid without a work permit. The extension of stay given at an immigration office in Thailand is tied to the work permit. Although one is issued by the immigration office, and the other by the labor department, they are linked and the extension effectively canceled (you should do it formally) along with the work permit.

Edited June 1, 2017 by BritTim