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Can my current school cancel my visa and work permit without my knowledge?

Visa Status Work Permit Cancellation NON-B Visa Thailand Immigration Expat Employment Issues

Aug 17, 2022

2 years ago

ORIGINAL POSTER

Hello everyone. So might be a weird question to ask today but if you can help much appreciated. I’m quitting my current school and moving on to a better one this month. The two schools are in the process of cooperating in order to transfer my over to the new school. However, during this process I have reason to suspect my current school of some foul play. It seems like they were attempting to report that I did not show up to work for 30 days already and cancel my visa and work permit on their own without my knowledge. Is this possible for them to do? I’m imagining it’s not legal but is it possible? Also is there a way I can check the current status of my visa and work permit to make sure I don’t enter overstay?

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TLDR : Answer Summary

An expat in Thailand is concerned that their current school may unlawfully attempt to cancel their visa and work permit while they are in the process of transferring to a new school. They seek clarification on whether this is possible and how to check their visa and work permit status to avoid overstaying. According to responses, while the employer can cancel the work permit if they have it, they cannot cancel the visa without possession of the passport. Moreover, the expat's permission to stay is tied to their employment status.

Brandon ************

Your employer can cancel your work permit if they have possession of it. But the work permit is yours so you should have it.

Are you on the initial Non-B visa, or are you on the 1 year extension of stay based on employment?

Neither you nor your employer can cancel a visa, so if you are on the initial 90 day visa you are fine.

Your employer also cannot cancel an extension because they must have the passport with the stamp in order to cancel it, so that part of the question is irrelevant. Except the Non-B extension is invalid the day your job ends.

So if you already quit or they ended your employment, your permission to stay ended the same day your employment ended. Even if you have the extension that still appears to be valid in your passport, you would be on overstay as of that day.

I think the only way to check on the status of your work permit is to go to the Labor Office and ask.

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Louis *******

ORIGINAL POSTER

@Brandon ***********

just to clarify my permission to stay ends at the end of employment. So I already provided a written notice ending my employment and once I get the resignation letter that becomes end date of my employment and thus my stay correct? So they cannot claimed they fired me today or something like that and end my stay without some documentation as well right?

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Brandon ************

if they hand you a letter that states the last day of your employment, they've put it in writing. That's why you want to cancel your work permit effective that date, then they can't try to screw with anything since you already cancelled it based on their document

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Louis *******

ORIGINAL POSTER

@Brandon ***********

just an update they are making me wait until Monday for the letter. They have shown me the unsigned letter that they will present to the director. They sort of gave me the “director wasn’t in today” excuse. I’ll continue to cooperate and hope for the best.

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Brandon ************

Good luck

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Louis *******

ORIGINAL POSTER

@Brandon ***********

Another update. I still haven’t got it and I think they might be just dragging me along. If i just go to Laos and come back what’s the procedure for ending the work permit and extension? It dose not just end by me leaving does it?

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Brandon ************

you have to cancel it. There's no way to end it without you going there and doing it. I don't know how you can cancel it without paperwork from your job though. You may need to ask the labor department.

If you leave and come back you won't be able to get a new extension because you never cancelled your old one.

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Louis *******

ORIGINAL POSTER

@Brandon ***********

So I feel like I’m kinda stuck here lol so I have to cancel it with their paperwork but they won’t give it to me. Is it reasonable to assume they must provide this for me by law then? Or can they just sit around and wait until it expires on its own? Since I haven’t technically ended my employment should I just go back and work until they give it to me? Lol sorry if these questions are getting silly I’m genuinely confused why they won’t just sign it.

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Brandon ************

I don't know the answer to any of those questions. Why haven't you asked the labor department? I've suggested it multiple times. They actually can answer the questions.

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Louis *******

ORIGINAL POSTER

@Brandon ***********

you’re right. I’ll ask them tomorrow then. Appreciate it.

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Louis *******

ORIGINAL POSTER

@Brandon ***********

ok I see so it works both ways. Ok hoping for the best

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Louis *******

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Louis *******

ORIGINAL POSTER

@Brandon ***********

I’m on the extension. I was under the impression that they could cancel it at anytime. I resigned and gave my written resignation as per the contract. My resignation date is august 31st. So what day would I enter overstay? My employer is giving me a signed resignation letter stating I resigned on August 31st if that makes a difference. This is supposed to be used by my new school for the transfer.

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Brandon ************

so what you should do is take that letter as soon as you get it and go to the labor office early in the morning. Cancel your work permit effective the date on the letter for the future. Then go to immigration right after that and cancel your extension effective august 31st as well.

They usually let you do cancellations up to 2 weeks early and you're within that time frame now.

That will let you know if your work permit was already cancelled or not.

And you'll have to do both of these anyways so might as well get it out of the way for peace of mind.

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Louis *******

ORIGINAL POSTER

@Brandon ***********

ok that sounds good. There is another part that is complicating this and I think I should tell you. So my employer is promising to give me that resignation letter today signed with the date being august 31st. But they are also requesting in exchange that I do not come in for work starting from today as they do not like me very much. I told them I would like to continue to until the 31st which they then replied by threatening they would no longer cooperate for the visa transfer. What is the advisable thing to do in this situation? Provided they give me the resignation letter today is it still advisable to accept that?

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Brandon ************

I would do what they asked. Take your letter and cancel your work permit effective the 31st. They can't re-cancel it after you've done that and they already put in writing that's your last day, so you are employed until then. You should be fine.

You don't want to be there and they don't want you there, easy for everyone.

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Louis *******

ORIGINAL POSTER

@Brandon ***********

ok thank you so much for your help. I’ll take your advice and hopefully they give me the resignation letter today like they promised. And as soon as they do I’ll go cancel the work permit.

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Louis *******

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