Answered6 years ago

Is my Non-B visa still valid if my employer cancels my work permit in Thailand?

Non-B Visa Work Permit Cancellation Thailand Immigration Visa Validity Employment Law

Marc ******

asked Sep 14, 2020

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Hello to all😊

I also have a question. If my employer cancel my work permit at labor office but don’t cancel my Non B visa at Immigration office, would the visa still be valid until date of expiration to stay in Thailand? And would this be legal for employer and me? Just a lawyer recommended but I not 100% believe...

Normally when employer cancel Visa you need to leave Thailand immediately...

Thanks for any advise🙏👍

Answer summary

If your employer cancels your work permit at the labor office but does not cancel your Non-B visa at the immigration office, the visa generally remains valid until its expiration date. However, if you are on an extension of stay due to your work permit, that extension may become invalid upon cancellation of the work permit. It's crucial to check whether you’re on a visa entry stamp or an extension, as the rules differ significantly depending on the type of stay you have.

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Tod *********

it works like this. IF you are on a VISA , when you stop work the visa isn't cancelled and you can stay until it runs out

BUT

IF you are on an extension of stay, when the reason for your extension changes (like you lose your job and cancel a work permit) the extension is not valid and stops the day your work permit was cancelled. You need to go cancel the extension at the immigration office with the paperwork from your employer and proof you cancelled your work permit.

SO look in your passport and see if you're on a visa entry stamp OR on an extension from the immigration office ...

6 years ago

Chris *****

@Tod ********

I know you hate hijacks, sorry. Same situation as me but when I went to CW to cancel my extension they did nothing. Verbally said I’m now on amnesty. Is there a stamp usually placed in a passport?

6 years ago

Tod *********

@Chris ****

a cancelled extension stamp looks like this

The person went in on May 5th with paperwork stating they were not going to be employed on the 25th of May AND they had an extension that was good until the 5th of Sept . Immigration cancelled their extension and stamped them in until the 25th of May

Tod *********

nope, they didn't

Chris *****

just flicked through my passport again and my last stamp is my extension of stay until late October. Did the IO maybe do me a favour after causal banter with him?

6 years ago

Tod *********

@Chris ****

, So you had a yearly extension of stay based on employment, lost/quit the job and went to cancel the extension with paperwork from your employer and proof your work permit was cancelled and they wouldn't do it? You sure you were on an extension of stay and not a visa entry?

6 years ago

Chris *****

@Tod ********

definitely extension of stay. I had a 3 month non b previous. I went with all paperwork handed over by my previous employer. This was early June, few people there and a woman IO flicked through my passport, passed to another IO who handed it back saying “ok, you’re now on amnesty.” I was quite shocked but unsure of any changes in such crazy times.

6 years ago

Marc ******

@Tod ********

thanks for your reply👍. I’m on a full 1 year NonB visa... But the company I worked for laid me out / lost job... until 30. September they want to cancel my work permit... My lawyer told me to ask them to cancel my wp, but ask them to not cancel my visa...

6 years ago

Tod *********

@Marc *****

if you're on an extension there is no "cancel your work permit but not the visa" because the minute the reason for your extension changes (like if you're on an extension based on employment and you become unemployed) your extension is void. There's no cancel one not the other..

6 years ago

Tod *********

Okay,

@Ma**

, let's try this one more time.. :(

Are you on a year-long, multi-entry Non-B VISA <- that you got from a thai consulate in another country (where you used to bounce out and back every 90 days)

OR

Are you on a yearly EXTENSION OF STAY from an immigration office <- where you were doing 90 day reporting?

It's ONE or the other..

6 years ago

Marc ******

@Tod ********

Thanks for your advise Tod👍

6 years ago

Tod *********

@Marc *****

and there you go, that means when your work permit is cancelled your extension is void and you need to go cancel it at the immigration office. That's just how it works.

6 years ago

Marc ******

@Tod ********

okay Tod, I got it☺️... it’s a yearly extension of stay😓

6 years ago