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Answered4 years ago

Can I leave Thailand with an uncanceled work visa if my employer is preventing my departure?

George *************
asked Dec 7, 2022
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Hello. I have quite a situation.

I want to leave Thailand, but my employer doesn't want me to go. Asking to pay for working permit cancellation.

So the question is: can I just cross the border with my uncanceled working visa? Will the customs let me go abroad?

Thanks!
Answer summary
The post discusses a situation where an individual wants to leave Thailand but faces opposition from their employer regarding the cancellation of their work permit. Responses from the community suggest that the work permit cancellation is the employer's responsibility, and the individual can leave Thailand without canceling their work visa, as long as they adhere to regulations and do not overstay. It is advised to obtain a termination letter from the employer to facilitate the process, and many users share experiences of leaving and returning to Thailand without issues.
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Lloyd ********
Lloyd ********
Final post- you need to get on better terms with your employer, 1 to get a termination letter and cancel your extension of stay, and 2 to get your work permit so you can cancel it.
Walter *******
Walter *******
Work Permits come from Dept of Labor not Immigration.
Angela ******
Angela ******
You can leave within 31 Mar 23. Work permit cancellation is employer’s responsibility. The employer can be fined from not doing it. Many of my colleagues left the country like this and they came back again with new non-b from a thai embassy abroad. No problem at all.
Lloyd ********
Lloyd ********
@Angela *****
Nope it is the employees responsibility.
George *************
George *************
OP
@Angela *****
finally, good news 🙏✨

what country did they go to get their new visa?
Jess *********
Jess *********
Well if you are breaking contract then they have every right to ask you to pay the fine for breaking the contract. As far as I understand you can leave fine but when you come in your passport would have been flagged and you’ll have trouble coming back in again
Lloyd ********
Lloyd ********
@Jess ********
wrong again
Lloyd ********
Lloyd ********
about passport being flagged
George *************
George *************
OP
@Lloyd *******
if there's any overstay, I can just pay for it, and that's it, right? no criminal record, no flagged passport, etc...
George *************
George *************
OP
@Lloyd *******
what exactly?
Dannie ***************
Dannie ***************
@George ************
You can have only one valid passport.
Stephen *********
Stephen *********
@Jess ********
it's got nothing to do with the passport. It won't be flagged if he is not on overstay.
James ********
James ********
@Stephen ********
correct 💯
George *************
George *************
OP
@Stephen ********
I can make another passport at my embassy in another country, I can hold two of them at the same time.
Jess *********
Jess *********
@Stephen ********
this is just what we have been told by our immigration 🤷‍♀️
George *************
George *************
OP
@Jess ********
so it's better to just get a one way ticket and find a job somewhere else I guess 🙂
Adrian *******
Adrian *******
By right, your employer should issue you a termination letter whereas you need to bring the letter to the labour dept nearest to you to cancel your employment and then bring the issued letter to immigration dept to cancel your work visa and exit within few days (as i'm not mistaken). Otherwise you can try filed a police report and bring that to the labour dept to do so.
Lloyd ********
Lloyd ********
Next do you have a visa or an extension of stay ?
Lloyd ********
Lloyd ********
@Jess ********
You are wrong, you get no time to leave, that is why I said you can cancel in advance.
Lloyd ********
Lloyd ********
ok, then you need to get a letter from your employer stating your last day of work and then go to immigration and cancel that extension, you can do that a few days in advance to give you a chance to leave the country.
George *************
George *************
OP
@Lloyd *******
as I said in my original post, the employer wants me to pay for this letter. and I don't want to be involved in this scam. can I come to the labor office to cancel it myself?
George *************
George *************
OP
Jess *********
Jess *********
@George ************
but still if it says in your contract about paying a fee if you break the contract, they can still demand it and have every right to if that’s what your contract says. Good luck 👍
George *************
George *************
OP
@Jess ********
I told the employer in advance that I'm leaving. Plenty of time to find a replacement.
Jess *********
Jess *********
@George ************
are you breaking your contract?

The reason I ask is because if you are it’s likely that that’s what they are asking you to pay for, not the letter.
George *************
George *************
OP
this is what I have now. a working visa that looks like an extension of stay.
Jess *********
Jess *********
@George ************
a work permit is not a visa. You would probably be on a non b visa, it’s important to know the difference
Lloyd ********
Lloyd ********
That does not answer the question about visa or extension of stay, because they have different answers
George *************
George *************
OP
@Lloyd *******
I just want to cancel all this, and get a tourist stamp. I'm not going to work here anymore.
James ********
James ********
@George ************
answer Lloyd's questions please...
Lloyd ********
Lloyd ********
you can cancel your work permit as it is yours, not your employers, also it is free to do.
George *************
George *************
OP
@Lloyd *******
my employer is holding it, that's the thing
DaNish ********
DaNish ********
@George ************
he can't hold it by law .. u can go to police station, immigration or either Ur embassy
DaNish ********
DaNish ********
@Lloyd *******
by law when he want to go he can go company can't do what his company did
Lloyd ********
Lloyd ********
@DaNish *******
Immigration and embassies have NOTHING to do with work permits.
Lloyd ********
Lloyd ********
@DaNish *******
"or keep it at the place of work while working, ready at all times, for the presenting to the competent official". That is why his employer is keeping it at his place of work.
George *************
George *************
OP
@DaNish *******
good to know. thanks.

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