What happens to a Non-Immigrant B Visa and Work Permit in Thailand after resigning from a job?

Jul 2, 2021
3 years ago
Alex **************
ORIGINAL POSTER
Asking for a friend. If they resign their job (Non-imm B visa with work permit):

1) what happens to their existing Non-B visa?

2) Is it cancelled when work permit is cancelled, like in the old days?

3) If so, how long do they have to find an alternative visa option?

4) Is amnesty still an option?

5) And what are the current options that don't involve leaving the country to obtain a new visa?

6) If partner is working, is it possible to move onto a spouse/dependent visa?

Thanks in advance.
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TLDR : Answer Summary
When an individual resigns from their job in Thailand while holding a Non-Immigrant B visa and work permit, the following occurs: 1) The existing Non-B visa (the sticker) remains valid regardless of employment status but the one year extension of stay based on employment will be cancelled upon cancellation of the work permit. 2) Once the work permit is cancelled, the extension is void and the individual must leave Thailand by 11:59 PM the same day or secure a new visa. 3) An extension based on COVID-19 travel restrictions is available until July 28, 2021, requiring specific documentation and a fee. 4) No amnesty is currently in effect. 5) Alternative visa options include applying for a dependent visa if the partner holds a Non-Immigrant visa, given the marriage is legal and registered. It's essential to check with local immigration offices for detailed requirements due to variations in enforcement.
Benjamin ******
I *HATE* these "I'm asking for a friend" question, because it's hard to know the answer without having the passport πŸ™

But... I'll try answering it:

>1) what happens to their existing Non-B visa?

There are two things that people call "Non-B visa". One is the actual "Non-B" visa, which is a sticker placed in the passport (generally outside of the country). This sticker lets a person stay in Thailand for 89 days, and can not be cancelled.

There is also something called a "one year extension of stay based on employment", which is a stamp that's placed in the passport. This is cancelled when a person no longer is employed.

> Is it cancelled when work permit is cancelled, like in the old days?

A one year extension of stay based on employment is cancelled when the work permit is cancelled.

>If so, how long do they have to find an alternative visa option?

They have until 11:59PM THE SAME DAY to leave Thailand after the work permit is cancelled, or to find another visa option. In the pre-COVID-19 days, when a person cancels their work permit, MOST people tell the immigration office they will apply for another extension of stay that they do not qualify for, and for the immigration office to reject it for 1,900 THB. When an extension of stay is rejected, a person has 7 days to leave Thailand.

UNTIL JULY 29, 2021, a person can apply for a 60 day extension of stay based on unable to travel due to COVID-19.

Different immigration offices have different requirements, but all require the following:

1. Your passport and:

a. a copy of your data ("picture") page

b. a copy of your most recent visa (if you have one)

c. a copy of your most recent stamp

d. a copy of your departure card

2. A TM30, filed in the immigration office.

3. The forms (each immigration office may have different forms, and ant to use their special forms)

4. A letter from your embassy saying you can not return, OR a print out from your embassy website saying they don’t issue the letters, OR a print out of a letter from the embassy saying they don't issue those letters.

5. 2x passport pictures

6. 1,900 THB.

Different immigration offices have different policies. *SOME* may require:

- The ID card of the property owner where you are staying

- Copies of *ALL* stamped pages in your passport

>Is amnesty still an option?

No. However, a person can get a 60 day extension of stay based on unable to travel due to COVID-19 until July 28. See above for the requirements.

>And what are the current options that don't involve leaving the country to obtain a new visa?

What's the reason for a person to stay in Thailand?

>If partner is working, is it possible to move onto a spouse/dependent visa?

A person *MAY* be able to apply for a one year extension of stay based on being a dependent. However, this requires the following conditions:

- The marriage must be de jure AND de facto (that means, legal and official, not just living together)

- The partner must have had a Non-immigrant visa
Ellie *******
a bit of clarification. Your extension based on employment is invalid when your work permit is canceled. It is NOT canceled automatically. The extension has to be canceled clearly and It is the extension holder's responsibility to cancel the extension.
Benjamin ******
@Ellie ******
Thank you for that bit of clarification πŸ™‚
Alex **************
ORIGINAL POSTER
@Benjamin *****
Thanks for such an informative reply. Sorry for the "asking for a friend" but I am genuinely doing that. They are not on this forum and need an answer today. I will pass on what you have shared and ask them to join and post their own question if questions remain. But, thanks again. Your quick and detailed answer is very much appreciated.
Dustin *******
Do they have a visa or extension of stay?

Visa should still be valid until the expiration date.

Extension needs to be cancelled and they can pay 1900 for 7 days I think.
Alex **************
ORIGINAL POSTER
@Dustin ******
Has been working since September 2020, so assume it is an extension of stay, right? Been doing 90 day reporting since December. Is the visa not cancelled when the work permit is?
Dustin *******
@Alex *************
you have to go get it cancelled. The employer can do it for him would depend if they want to help get it done.
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