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Unanswered4 years ago

Can I cancel my business visa in Thailand without my employer cancelling my work permit first?

Micha *********
asked Mar 20, 2023
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Hi all,

Im currently staying on a business visa in Thailand and have quit my job few weeks ago. Normally my employer would have to cancel the work permit in order for me to cancel the visa, right? However since my work permit is expiring end of this month anyway, my employer just wrote me a letter of termination of employment for the same day and said i can just cancel my visa at the immigration and ignoring the wp process.

Is this the case?

Thanks.
Summary so far
The user is currently on a business visa in Thailand but has quit their job and seeks clarification on the visa cancellation process. They question whether they can cancel their visa at immigration without their employer canceling the work permit first. Comments indicate that while the employer typically needs to cancel the work permit, there might be exceptions depending on agency advice. Discussions reveal the importance of timely visa and work permit cancellation to avoid future visa issues or overstaying penalties.
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Micha *********
Micha *********
OP
Ok so talked to my employer to double check the procedure with the agency. The agency will meet me on the expiration date of the work permit at the immigration office and helps to cancel my b-visa.

They are claiming two things:

1. They will cancel the wp after our appointment at the immigration, since they have 15 days time after this day.

2. I don't have to fly out of the country on the date of cancellation but on the very next day.

Both is different from what I've learned so far.

Edit:

Number 2 already revised by the agency. Will talk to them directly and asking about #1

Edit 2:

Agency stick to the point that we will cancel my visa together at the day of wp expiration and they will take care the wp cancellation process afterwards.
Paul *******
Paul *******
@Micha ********
I think you have to leave on the date of cancelation. It should be a problem, because very likely it's a future date and you'll have time to depart no later than the date printed in your passport, which states when your employment was terminated.
Paul *******
Paul *******
Whatever the date on the letter is, is when the visa ends. I had previously assumed that you had to leave the date of your employment being terminated, but that's a bit unrealistic, so employers usually put a future date, often the last day of the month as being the end date.
Micha *********
Micha *********
OP
The date of the termination letter matches the expiration date of my work permit. But as i heard and also got confirmed in this thread, this might not be sufficient and official cancellation of wp is required as well.
Micha *********
Micha *********
OP
Thanks but one needs to be cancelled at the ministry of labor and the other at the immigration department. So one has to be done before the other.

I've read wp goes first, agency now says visa will be first , wp later within a week or so, done by them. I mean they should know their stuff so i just follow.
Paul *******
Paul *******
@Micha ********
You cancel both at the same time. Make sure to have your affairs in order to leave because you'll be required to leave by 23.59 (1159pm) of the day printed on the letter, unless you pay 1900 Baht for a 1 week extension.
Nico ********
Nico ********
Normally if you resign with specific date, you must leave country within 7 days, you also need cancel your WP (your company might do it) and visa. If you don't do it, you will have issue next time you apply any visa, fine 20.000 THB. Also, you will end up in overstay which is really better to avoid. I recently left my job and I asked my layer to help me as I wanted make sure all will be cleared correctly
Micha *********
Micha *********
OP
I'm aware and planning to leave on the same day. My question is whether it's enough for the work permit to expire in order to cancel my visa on the same day or if my employer still has to cancel it additionally.
Brandon ************
Brandon ************
@Nico *******
there is no 7 day grace period. Your permission to stay ends the day your employment ends.

But you can cancel your extension ahead of time giving you time to sort things and leave.
Nico ********
Nico ********
Brandon Thurkettle, I did cancel work permit last month and got 20 days to leave the country (because it was without specific date of resignation). It was WP from BOI, it probably at some points make some difference
Brandon ************
Brandon ************
@Nico *******
yes the BOI thing makes a huge difference.
Carol ********
Carol ********
I had a similar situation, was advised by lawyers that the wp has to be cancelled by the employer, there is a form they need to fill

I almost got deported!
Micha *********
Micha *********
OP
@Carol *******
thanks for your response. So you mean even the wp was to expire the day you wanted to cancel the business visa and leave, you still cancelled it to be sure?
Micha *********
Micha *********
OP
Interesting, thank you . One would think since the wp expiring anyway on the day i plan to cancel visa and fly out, there isn't any need to cancel it as well. Shooting a dead horse... But TIT, right? :)

I'll let my employer double check for this and fill out a cancellation form.

Last thing I want is standing at the immigration with flight tickets for the same day and running into troubles.
Carol ********
Carol ********
@Micha ********
My wp expired at the same time II left my job, the employer thought there would be no issue and did not bother to cancel it and told me that

I went to immigration to check and was told that I had to leave immediately, I contacted a visa company who helped me sort the mess out, the mess being the non cancellation of the wp. Apparently the company can be fined for not doing this

It’s only a form to be filled in by them and registered

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