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Answered2 years ago

Can I apply for my DTV visa while still holding a work visa if my employer has canceled it upon exiting Thailand?

Joe **********
asked Apr 24, 2025
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Hi all. I fly to Cambodia on April 27 to apply for my DTV. I'm currently on a work visa/permit. The company I was with told me since I'm leaving Thailand on a Sunday (April 27), that it will most likely follow the business days and cancel on the Monday after I leave. I was planning to submit my application on Sunday night tho. Do you think it's ok since they most likely won't see it till Monday morning? Or should I wait till Monday? Or should I wait an extra day, just to be sure the other visa is really cancelled?
Answer summary
The user plans to leave Thailand for Cambodia to apply for a DTV visa but is concerned about the status of their work visa upon departure. Comments clarify that the employer cannot cancel the user's work visa without their passport and presence at immigration, emphasizing that they can apply for the DTV visa abroad without issue. Additionally, it is stated that the user can leave Thailand even if their visa cancellation letter has not been processed yet, and returning on a tourist visa is also possible after a short absence.
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Arpan ******
Arpan ******
You can cancel your visa 21 days before the visa cancellation letter by giving immigration the visa cancellation letter.

The immigration will put your last date of stay until the visa cancellation date. But, you can exit Thailand before the visa cancellation date too and if you want you can come back on a tourist visa back in just a day.

So don't worry, everything is fine
Joe **********
Joe **********
OP
@Arpan *****
But I don't have a letter. No instruction like this was given to me by my employer. They asked my date of departure. I told them. They said they would cancel accordingly.
Arpan ******
Arpan ******
@Joe *********
You need to get a visa cancellation letter from your employer and submit to the immigration for the immigration to put a cancellation stamp and date on your current visa.

Later when you apply for a new visa, there could be problems that you didn't cancel your previous visa
Tod *********
Tod *********
doubtful you're on ANY visa and more likely you have a stamp in your passport that says "extension of stay permitted until" with a date on it

Your employer can't cancel your extension without your passport and you being at the immigration office 😮 all they can do is cancel your work permit

The Embassy in Cambodia, thai immigrations at passport control, even thai immigrations where you got the extension can't tell your work permit was cancelled or not. No one can but the Ministry of Labour

So look at the stamp in your passport and if it says "extension of stay" you're fine to leave, go to another country and apply for the DTV thru the consulate there without any issue at all
Joe **********
Joe **********
OP
@Tod ********
It is an extension of stay. And you're right, the employer cannot cancel the visa. They can only cancel the work permit. But I was told when the permit is cancelled, then the visa is automatically cancelled.
John **********
John **********
@Joe *********
you need to cancel the extension of stay and show the cancelled work permit but you can do so after you return on the DTV
John **********
John **********
@Joe *********
your ex employer should have cancellation documentation if they cancelled it for you
Joe **********
Joe **********
OP
@John *********
But I don't have the work permit anymore. I already left the job and had to give back my work permit upon leaving.
Matt *******
Matt *******
Hey
@Tod ********
. Quick question on this: how likely is it that the embassy will want proof of a canceled work permit to ensure a person is not working in Thailand before issuing the DTV?
Tod *********
Tod *********
@Matt ******
they don't care in the least, it's not a requirement at all

he could have left with a valid work permit/extension of stay & a re-entry permit and still applied for a DTV, get it approved no issues and enter the country on it when he comes back
Tod *********
Tod *********
@Joe *********
you were told wrong, YOU have to slog to your immigration office with the proof the work permit was cancelled and cancel the extension in person.

You won't have any issue at all applying for the DTV, the rule is you can't have a valid VISA that you can enter thailand on when you apply for the DTV <- and you don't have any visa, you have an extension of stay, you're fine. just apply
Tod *********
Tod *********
@Joe *********
nope, when your work permit <- which is a requirement of you HAVING the extension you're on is cancelled then you have to go to the immigration office and cancel the extension AND you'll get fined for every day after the work permit was cancelled that you didn't have the extension cancelled

BUT

Seeing as you're getting a DTV (which is employment prohibited) <- meaning you can't work IN thailand for a thai entity, you're fine doing nothing,

Just go get the 5 year DTV, come back in and get the 180 day entry on it
Joe **********
Joe **********
OP
@Tod ********
So you're saying my extension stays valid until I cancel it or leave the country? My permit cancels in April. But my extension in my passport say I'm good till July. So technically, I could've stayed in Thailand till July with no problem? And no overstay fine either?

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