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Can my employer cancel my Non-B visa after I resign without having signed a work permit?
Non-B VisaVisa CancellationWork PermitThailand ImmigrationExpat Visa RulesEmployment in ThailandTeacher Visa Issues
Feb 4, 2018
8 years ago
Sean *********
ORIGINAL POSTERJust wanted to see if anyone could clarify how this works.. I worked at a language center with the intention of staying there for awhile. I got a non-B visa with my employer, but I decided after working there for 2 months that I didn't want to commit to a year contract by signing their work permit as we had planned. So yeah, I told them I didn't want to have the work permit made and they decided we should just be finished before February begins. But.. They said they need to cancel my non-B, even though it doesn't expire until the end of March. They were holding my last salary until I signed a letter about my resignation and how I wanted to cancel my non-B (which I don't, for now) and they had me date the letter for February 10th because I asked for extra time to figure out the easiest, cheapest way to get a new tourist visa.
My question is.. Can they actually cancel my non-B? I do not have a work permit with the non-B since I didn't want to sign on for a year with the school. I've read from some sources online that there isn't a way to cancel a non-B without the work permit, but I want to be sure before I assume the school is bluffing. As I understand, there's no way to cancel my non-B visa unless I go to immigration and agree to it with my passport physically present. But they do have a scanned photocopy of my passport so I'm not sure how all that works.
Does anyone have any experience with this or know 100%? I don't want to make an expensive mistake or jeopardize stay in Thailand with any overstay penalties since I currently have no plan to leave. Right now I am looking for a new job so I know I will have to go back to a tourist visa at some point, but having until the end of my non-B would be a lot less stressful.
Thank you in advance for any advice! 🙂
My question is.. Can they actually cancel my non-B? I do not have a work permit with the non-B since I didn't want to sign on for a year with the school. I've read from some sources online that there isn't a way to cancel a non-B without the work permit, but I want to be sure before I assume the school is bluffing. As I understand, there's no way to cancel my non-B visa unless I go to immigration and agree to it with my passport physically present. But they do have a scanned photocopy of my passport so I'm not sure how all that works.
Does anyone have any experience with this or know 100%? I don't want to make an expensive mistake or jeopardize stay in Thailand with any overstay penalties since I currently have no plan to leave. Right now I am looking for a new job so I know I will have to go back to a tourist visa at some point, but having until the end of my non-B would be a lot less stressful.
Thank you in advance for any advice! 🙂
TLDR : Answer Summary
The poster inquired about the implications of resigning from a teaching position in Thailand and whether their employer could cancel their Non-B visa after not signing a work permit. Many commenters clarified that a Non-B visa cannot be unilaterally canceled by an employer without the visa holder's consent and presence at an immigration office, even if the employer feels entitled to do so due to costs incurred in processing the visa. The general consensus suggests that while the employer may hold power over the work permit, they cannot cancel the visa itself without the individual's involvement. It was also noted that reporting the individual for resignation could also backfire on the employer, considering both parties were involved in a potentially illegal employment situation.
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Ron *******
And the moral of all this is don't open yourself up to all sorts of problems by working illegally with no WP. Money talks here so don't be under any illusion that if somebody wants to cause you problems, they couldn't because they really can and very easily if they choose too.
Ron *******
Imo, you need to think carefully as to how you play the future regarding getting another non B visa. I doubt immigration will keep wearing you being here on this type of visa and not yet after around 7 months or so, with the visa exempt entry which you never converted, still not getting a work permit. I would imagine that shortly, they are going to question exactly what your doing here.
Good luck in the future.
Good luck in the future.
Sean *********
ORIGINAL POSTERMy previous non-B visa was from my TESOL training institution. They instructed me (and all others in the program) to get a non-B from our home countries before coming to ease the employment process. As it turns out, however, it made employment more difficult in Bangkok because there are stricter rules here. So I had to cancel the non-B before working with the school I worked for.. They insisted that I have their name on the non-B or it wasn't valid. I understand now that it's true, but all of these things are new to me. I am learning new things about visas and laws every day it seems.
Also, I am not meaning to get in defense mode about my intentions or anything, but it seems that keeps coming up.. As if to say I'm being irresponsible with my decisions, when actually this is all new revelation for me in terms of the laws. I definitely don't want to break any laws, but I also have a tight budget at the moment so I'm trying to just get by for the moment and land a new job without additional costs beyond what I will have to spend for leaving and re-entering for a new tourist visa to start the non-B process over.
Also, I am not meaning to get in defense mode about my intentions or anything, but it seems that keeps coming up.. As if to say I'm being irresponsible with my decisions, when actually this is all new revelation for me in terms of the laws. I definitely don't want to break any laws, but I also have a tight budget at the moment so I'm trying to just get by for the moment and land a new job without additional costs beyond what I will have to spend for leaving and re-entering for a new tourist visa to start the non-B process over.
Ron *******
I'm not seeing anybody accusing you of attempting to do anything under handed?
'Technically' doesn't come into it unfortunately. It's 100% illegal to work without obtaining a WP. You say you thought you could run the Non B until the end but didn't you post earlier you had a previous B visa?
'Technically' doesn't come into it unfortunately. It's 100% illegal to work without obtaining a WP. You say you thought you could run the Non B until the end but didn't you post earlier you had a previous B visa?
Sean *********
ORIGINAL POSTERIt's my first job, so I wasn't aware of how everything works. I trusted my employer to handle everything legally. I had heard it was a normal process to run a non-B to the end before getting the work permit so I didn't question anything they were doing.
In my case, I'm glad they didn't start my work permit sooner because I decided it was not a good place for me to stay. It's unfortunate that it's technically illegal, but it wasn't my intention. If they want to cause me trouble, they will inevitably cause themselves trouble also since they were complicit in doing things haphazardly with my employment. So we'll see how things go. But hopefully it's clear now that I'm not trying to do anything sketchy or stupid. I actually feel like I made a good move by removing myself from a toxic environment before I got myself into a more difficult situation.
In my case, I'm glad they didn't start my work permit sooner because I decided it was not a good place for me to stay. It's unfortunate that it's technically illegal, but it wasn't my intention. If they want to cause me trouble, they will inevitably cause themselves trouble also since they were complicit in doing things haphazardly with my employment. So we'll see how things go. But hopefully it's clear now that I'm not trying to do anything sketchy or stupid. I actually feel like I made a good move by removing myself from a toxic environment before I got myself into a more difficult situation.
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Sean *********
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Johnsuma ******
it it your employer that paid for your visa ?
Johnsuma ******
if it is a question then Yes "maybe" you can change it.
but remember the choice the officer will make is sovereign, diplomatie is highly need.
but remember the choice the officer will make is sovereign, diplomatie is highly need.
Sean *********
ORIGINAL POSTEROk, so you're not sure either. You are making an educated guess.
Thanks for your input. I'm weighing out my options, but I think the likely verdict here is that a non-B without a work permit or extension of stay is untouchable unless I make a physical appearance to change it.
Thanks for your input. I'm weighing out my options, but I think the likely verdict here is that a non-B without a work permit or extension of stay is untouchable unless I make a physical appearance to change it.
Johnsuma ******
basically i think the visa you get is linked with the work permit, and both with doc. given by the school. so !?
Johnsuma ******
you will get the correct answer at the immigration office or with a lawyer that know the imm laws (its free advice - if its an honest one -)
Sean *********
ORIGINAL POSTER@Parmentier *****
I'm seeing from many responses here that the visa cannot be cancelled unless there is an extension of stay or work permit attached to it. Are you sure it can be cancelled? And if so, is my passport going to need to be present? Because I'm not going to agree to that when it's just going to force me out of the country sooner to start a new tourist visa. And if my passport does not need to be present for them to cancel it, is it a costly and timely process that my employer is going to be unlikely to pursue?Johnsuma ******
my guess the visa will be cancelled than.
maybe depend also of the officer in charge.
maybe depend also of the officer in charge.
Sean *********
ORIGINAL POSTERYes, they paid the 2000 baht for the visa, which I offered to refund from my salary upon leaving. My offer was not accepted.
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Sean *********
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Shane *********
You only have the non-B visa because your employer went through the trouble of giving you the proper documentation so you could make it. Why wouldn’t you want to stay and work for them? Just curious.
Sean *********
ORIGINAL POSTERYeah, that sounds like something my employer would say.. They would threaten the same action. I haven't responded to them since I left because I want to avoid conflict at all costs, but I'm pretty sure this is the direction things will go between us. They gave me a deadline of Feb 10th before they will "cancel" my non-B by whatever means they are intending, but I'm not sure if they actually had a plan of action that they are sure will work. Can they really call someone up and have them type something in a computer that negatively affects my future stay or employment in Thailand? 🤔
Shane *********
Mary Kostukova
Wow that is terrible, I feel bad for you guys. My employer is amazing. My employer does all the paperwork for me and pays the visa fee. A member of the school even comes to immigration with me to make sure everything goes smoothly. At the school we are like family. I love my Thai teaching experience. I hope you guys have better luck at the next place.
Wow that is terrible, I feel bad for you guys. My employer is amazing. My employer does all the paperwork for me and pays the visa fee. A member of the school even comes to immigration with me to make sure everything goes smoothly. At the school we are like family. I love my Thai teaching experience. I hope you guys have better luck at the next place.
Sean *********
ORIGINAL POSTERI definitely want to stay here and continue teaching. I think I just need to find a real school instead of a language center. It was ok for a first job.. definitely not even close to as bad as some situations I've heard from other people. But yeah, it sounds like you got lucky. Maybe I'll score a good one on this next run. Anyway, thanks for sending some luck my way. Take care.
Shane *********
@Sean ********
oh okay. Well that sucks man. I hope it works out for you. I am also a teacher here in Thailand. I love my job, and all the people I work with, I must have gotten lucky. I hope you have better luck with the next place if you continue to work here.Sean *********
ORIGINAL POSTERCorrect. I have a non-B because they provided documents and put time into making it possible. I feel guilty about that, yeah.. It was not my original intention to leave either, but the job was not as described from the start and it was very difficult to speak about anything with the bosses. My job was constantly under threat over little things when I tried to tell them the issues I was having. Then misunderstandings would cause things to get blown out of proportion because of a language barrier. The main thing that bothered me was that they kept adding more little kids classes to my schedule, when the position I was offered never mentioned anything about kids classes. A lot of things were disorganized and I would be told I have to do something last minute with no time to prepare. Aside from that, this area is not very accessible to the rest of Bangkok with public transportation so I decided I want to relocate and hopefully find a school with a more regular work schedule.
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Sean *********
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Robert *******
a Visa can not be cancelled for leaving the job. Only Extension of Stay based on working must be cancelled when job is finished. I understand that the Employer is not happy, lot of work to get you the Non B inside Thailand and the Work Permit and when papers are done you quit.
Robert *******
Officially you can start only working with correct Visa and Work Permit, I know that lot of schools let you work for few months to see all goes well and than apply for the WP. Even with WP there is not much extra hassle to quit, just cancel WP and Extension of Stay. It only made things more difficult for the school, they have to find replacement and start all over again for his/hers visa and wp.
Sean *********
ORIGINAL POSTERI didn't plan to quit immediately like that. I just told them after 2 months that I don't want to sign a year contract because they said they were about to get that started and they asked if I had any questions or concerns. I saw that it would not be in my best interest or theirs to stay somewhere I don't want to be, so it was better if they didn't spend the extra money to get the work permit made. It would have made things a lot more difficult for me and for them in the long run if I got the work permit and then left a few months later, no?
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Sean *********
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Simon *****
What was your original visa? Did you arrive on a tourist and then change to A Non B in Thailand using their company paperwork? Or did you have the Non B issued abroad using their company registration paperwork to obtain a Non B? If you used their company registration etc to get the Non B and then you decide not to stay. Normally the visa is issued under the company based on employment and then obtaining a work permit. If you leave then the process is stopped but the Visa would be valid as long as it was in the first 3 months. If its an extension then it would be void if you no longer work for that company.
Sean *********
ORIGINAL POSTERI have my salary and I did offer to cover the cost. They said no, so I don't think it's about the money. We didn't really separate on a bad note. It was very diplomatic except for the part about cancelling my non-B. Still not sure what their real intention is with that threat.
Simon *****
You know what thailand is like. If they have your passport and wanted to cause problems they can take a quick trip to immigration pay a couple thousand baht and get VOID stamped no problem. Maybe you could offer to cover some of their costs and leave amicably. That way you keep the visa no problem plus if you find a new job you have the right visa and can extend as long as within time. If they do cancel then not a huge problem 500 baht overstay per day and then the cost and hassle of going out and starting again. Have to way up the costs. If you settle and walk away im sure they would release salary and all hunky dory... only my opinion
Sean *********
ORIGINAL POSTERAgain, thanks for the insight. I feel a little better, though there's still that bit of uncertainty with knowing they could take action if they really wanted to.. 🤔
Sean *********
ORIGINAL POSTERI see. Yes, they are not happy that they spent the time to get my non-B and that they thought I would stay for a year. I had offered to stay until the end of my non-B but they were the ones that insisted that I just leave before the new month.
They did lose 2000 for my non-B but they also cost me a lot more than that to transport myself all over Bangkok and pay lots of fees and go through extra steps to certify the authenticity of every document I have. Anyway, I don't think you are trying to side with anyone about anything, but yeah, I'm just hoping they don't try to spend the extra time and money to get revenge since I was very honest, diplomatic, and responsible with all of my professional duties through to the last day. Likelihood of them spending the extra money is probably slim since they don't really have an HR or anything. It's a smaller school.
They did lose 2000 for my non-B but they also cost me a lot more than that to transport myself all over Bangkok and pay lots of fees and go through extra steps to certify the authenticity of every document I have. Anyway, I don't think you are trying to side with anyone about anything, but yeah, I'm just hoping they don't try to spend the extra time and money to get revenge since I was very honest, diplomatic, and responsible with all of my professional duties through to the last day. Likelihood of them spending the extra money is probably slim since they don't really have an HR or anything. It's a smaller school.
Simon *****
It seems they want to make it awkward for you. They could ask for immigration to cancel the visa which was issued based on their company documents. But that would take time and some favours... depends on their relationship with immigration
Simon *****
If they wanted to cause problems they could say you obtained the visa based in their company documents and now you wont stay. It obviously cost them money to change the visa and do the application. If they used an agent to so the process then probably around
*****
baht in fees etc. If they have their own HR and did themselves then maybe 1700 plus some time etc. I dont think they can cancel the visa now but obviously they are probably pissed off at the cost and waste of time.Sean *********
ORIGINAL POSTERAlso, thank you for your input with that. I really appreciate your time in clarifying all of this. I am a bit stressed about it, as you can probably imagine 😅
Sean *********
ORIGINAL POSTERI turned a 30-day tourist stamp into a non-B with documents and a letter from the school, so that was obtained within Thailand, at the immigration office. I haven't gotten any kind of extension on it yet.. It's still running on its first 90 days.
So now my question is this: is there anything they can do to negatively affect my stay in Thailand on the current non-B? Someone mentioned reporting me, but is that even a thing? Can they really do anything to cancel my visa or force me into an overstay or illegal circumstance that will negatively affect me later?
So now my question is this: is there anything they can do to negatively affect my stay in Thailand on the current non-B? Someone mentioned reporting me, but is that even a thing? Can they really do anything to cancel my visa or force me into an overstay or illegal circumstance that will negatively affect me later?
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Sean *********
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Gareth **********
Exactly, this is what we have said to him! The permit and extension (the permit they never got anyway), 3 people agree mate, you will be fine!
Daniel ************
they cant cancel a non-b, only an extension of stay
Daniel ************
@Sean ********
its a bluff - they cant -Sean *********
ORIGINAL POSTEROr is there anything they can do at all? They told me they will cancel my non-B and it will force me to have to leave the country immediately and come back with a new tourist visa. I like to think people are honest when they tell me things in a strong manner like this.. It's total bluff?
Sean *********
ORIGINAL POSTERCan they report me on having resigned? And if so, would it negatively affect my ability to obtain the next non-B when I find a new school to work for?
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Sean *********
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Noel *************
How often I read about teachers pay being held over this and that reasons. I'm glad I never got involved with school's out here. Hope you find a good solution to this.
Sean *********
ORIGINAL POSTERI got my pay after signing a resignation letter that they wrote for me, which states that I want to cancel my non-B.. I don't really want to cancel my non-B though. I want to have time to land my next job so I can be more confident about the time frame of coming back on a tourist visa for the next non-B.
Reply to
Sean *********
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David ************
Wait for Tod
เดวิด **********
Always good advice 😁
Reply to
เดวิด **********
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เดวิด **********
Sean, a visa can not be cancelled....but an extension of stay can be. So the question is, are you still in the original visa or did you already get an extension?
Sean *********
ORIGINAL POSTERI'm not sure if I should feel secure or not. It sounds like I am mostly safe, but there's still that tiny chance lingering in my mind that maybe I will be that rare case where an employer goes out of their way to ruin my day. 😅
I'm glad I'm mostly seeing that it's unlikely though.. Thanks for the heads up on everything.
Also, it was never my intention to work illegally. I would have been on a work permit sooner if they had willed it that way.
I'm glad I'm mostly seeing that it's unlikely though.. Thanks for the heads up on everything.
Also, it was never my intention to work illegally. I would have been on a work permit sooner if they had willed it that way.
Tod *********
Mary, if that is the case (which I am doubtful) your employer couldn't cancel your visa without you and your passport going to the immigration office with them.
Now perhaps you could show up with a termination letter from your employer, and have the immigration office cancel the "admitted until" stamp you got on the 90 day visa BUT I have never ever heard of that happening. Mostly when people quit or are fired yet still under the original 90 days the employers just let them run out when they run out.
Now perhaps you could show up with a termination letter from your employer, and have the immigration office cancel the "admitted until" stamp you got on the 90 day visa BUT I have never ever heard of that happening. Mostly when people quit or are fired yet still under the original 90 days the employers just let them run out when they run out.
Tod *********
Sean Dorsett that's just the original Non-B and the 90 day stamp that comes with it when you get it at the immigration office inside the country.
No one can cancel that and you are free to be here for the 90 days you're admitted until.
Just so you know you were working illegally because you were working without a work permit. You need the correct visa and a work permit to legally work here
No one can cancel that and you are free to be here for the 90 days you're admitted until.
Just so you know you were working illegally because you were working without a work permit. You need the correct visa and a work permit to legally work here
Sean *********
ORIGINAL POSTERSo is this a non-B or an extension of stay? It looks different than my other non-B which is a sticker and takes a whole page.
Sean *********
ORIGINAL POSTEROh.. Maybe I am confused then.. It says non-B but it is also tied to the job. They were very adamant about me getting the non-B to have their name on it because Bangkok laws are more strict about details like that. I actually had a non-B already from my TESOL training institution but they made me leave the country and get a tourist visa again to get a new non-B with their name on it.
เดวิด **********
Sean, they can't do anything to your visa. That visa is yours and not tied to a job (as an extension would be). You can use it until the admitted to date. As to reporting you, I think that would not be beneficial as you both technically were in violation and could cause them problems as well.
Gareth **********
No, they have no bearing over your current visa. What area are you living in?
Sean *********
ORIGINAL POSTERAlso, from what I understand, the school operated outside the law to pay me for 2 months without a work permit, so couldn't they technically get themselves in trouble as well if they report me?
Sean *********
ORIGINAL POSTERCan I really be reported? Can anyone verify this? I'm not trying to hang out with a free stay over here or anything. I have applied to a lot of other jobs. My main concern is that I will spend money for a new 30 day stamp and not find a job in time, or spend even more money for a 60 day tourist visa and then have that all wasted when I have to get a new non-B. Maybe it's fairly obvious, but I am sitting on a limited savings at this point so I don't want to make an inefficient financial decision right now.. 😅
Gareth **********
Most of them are snakes, the worst are foreigners and how they treat other foreigners.
Gareth **********
Nonsense, they mean active work permits and are just trying to freak you out.
Sean *********
ORIGINAL POSTERYeah, I still have until March 24 on the original visa.
My employer was saying something about having a quota or limit on how many active non-B visas they can have at a time.. So I'm not sure how that works, or if it's true.. Might be something they made up to guilt me into cancelling my non-B so my life is more difficult, like a measure of revenge. That wouldn't be totally out of character for them to be honest.. One of a few reasons I didn't want to sign on for a year.
My employer was saying something about having a quota or limit on how many active non-B visas they can have at a time.. So I'm not sure how that works, or if it's true.. Might be something they made up to guilt me into cancelling my non-B so my life is more difficult, like a measure of revenge. That wouldn't be totally out of character for them to be honest.. One of a few reasons I didn't want to sign on for a year.
Gareth **********
I suspect with your above mentioned timeline, you're very early days on the original visa
Sean *********
ORIGINAL POSTERThere's been no modification or addition to the visa. I got the stamp at the end of December and I've signed no additional papers or made any other visits to immigration since then.
I am just concerned my employer may know some way of sending documents in to immigration (their cancellation letter, the photocopy of my passport pages, the signed resignation letter saying I want to cancel, etc) and then causing a sudden difficulty for me with leaving the country on time.
So they absolutely can't affect my visa on their own? I know they can cancel my non-B if I take their cancellation letter to immigration and ask for the cancellation, but there's definitely no way for them to do that on their own?
I am just concerned my employer may know some way of sending documents in to immigration (their cancellation letter, the photocopy of my passport pages, the signed resignation letter saying I want to cancel, etc) and then causing a sudden difficulty for me with leaving the country on time.
So they absolutely can't affect my visa on their own? I know they can cancel my non-B if I take their cancellation letter to immigration and ask for the cancellation, but there's definitely no way for them to do that on their own?
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Sean *********
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Gareth **********
I am pretty sure theylaying can cancel a work permit if it was acquired already, however my friend who worked asa chief immigration officer in Surat once told me they can't cancel the visa. I do stand to correction as this was a few years back when i checked for a friend
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Gareth **********
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