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What happens to my LTR-T visa status if I lose my job in Thailand?
LTR-T VisaThailand Work VisaVisa Status After Job LossExpat Visa RegulationsVisa RequalificationWork Permit Requirements in ThailandLong-Term Residency Visa
Jun 12, 2023
3 years ago
Koj***
ORIGINAL POSTERLTR-T (work from Thailand) visa question:
If you were to quit or lose a job while on this visa, does this affect your visa status? I'm assuming that once you obtain the visa, you're able to stay in Thailand for the vlfive years even if you don't have a job temporarily, and only have to requalify after 5 years.
Is that correct?
If you were to quit or lose a job while on this visa, does this affect your visa status? I'm assuming that once you obtain the visa, you're able to stay in Thailand for the vlfive years even if you don't have a job temporarily, and only have to requalify after 5 years.
Is that correct?
TLDR : Answer Summary
If you lose your job while on an LTR-T visa in Thailand, it may affect your visa status. Although the visa is issued for five years and typically does not require requalification during that period, the underlying basis for the visa must remain valid. Therefore, if your employment situation changes, it is advisable to notify both your employer and Thai Immigration. While established procedures may allow you to maintain some status if no notifications are made, it is considered risky to stay in Thailand without a job after obtaining the LTR-T.
LONG TERM RESIDENT (LTR) VISA RESOURCES / SERVICES
- Take the basic LTR Qualification Test to see if you're eligible for the Long Term Resident (LTR) Visa.
- For immediate assistance, contact Thai Visa Centre directly via LINE at @ThaiVisaCentre or Email them.
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Henrik ****
You will have to check out this official site carefully:
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The problem may occur when you have to renew your work permit (annually).Brandon ************
@Henrik ***
the LTR-T does not include a work permit.Henrik ****
@Brandon ***********
, are you sure about that? Sounds strange. The website states that a work permit is included but you still have to apply for it. How can you work in Thailand even remotely from Thailand without a work permit? Many are doing so, but that is another story. The website also talks about an annual reporting replacing the 90-Day reporting but what it exactly includes seems not clear?Brandon ************
@Henrik ***
100% sure. It's a point of contention for many of us LTR-T visa holders. We applied assuming we could get a work permit based on the marketing but the work permit is ONLY for the the "Highly Skilled Professional" category. A work permit is only for a Thai company doing business in Thailand. You are required to fill out a bunch of information related to the Thai company for a work permit. It's not available for remote worker LTR.A work permit makes MANY things much easier for a foreigner, and I would love to have one. But it's not possible.
Henrik ****
@Brandon ***********
, anyway, I still think it is a bit risky to get a 5-year LTR-T and then "quit" the job shortly after and then stay in Thailand for the full 5 years as nothing happened - as you are clearly misusing the visa...Brandon ************
@Henrik ***
at least as of right now, there's no additional checks after the visa is issued for 5 years. Also a visa cannot be cancelled. If you get a non-B visa and then decide not to take the job, you can still come to Thailand and stay the full 90 days without any issue. The only thing I could see them instituting a check for in the future would be medical insurance. Right now the application requires you to show you have at least 9 months of medical insurance and then it's never checked again for the 5 years. They might do something like the OA where they check your health insurance when you enter the country at some point, but I doubt it.
Henrik ****
@Brandon ***********
, hmm. You are clearly twisting the rules doing so. But maybe this visa could be a way to get a long-term visa without paying too much money even though the requirements are not easy to meet.Henrik ****
@Brandon ***********
, ok, thanks for clarifying.Reply to
Henrik ****
Reply
Todd *********
No worries. The visa has been issued already, your next ‘check up’ is in 5 years. Try to find another employer by then
Pornrat ***********
Yes: the employer should notify Thai Immigration and Labor departments due to a change in circumstances. In addition, you should notify the Immigration; therefore, affecting your status.
If neither party notifies then the prior status shall continue indefinitely.
If neither party notifies then the prior status shall continue indefinitely.
Brandon ************
@Pornrat **********
a foreign employer with no business in Thailand is not going to notify Thai immigration.Pornrat ***********
@Brandon ***********
OP stated if a foreign person on a LTR visa was to quit or lose their job whileTherefore (i) the foreign employee in Thailand should notify the Thai Immigration; and (ii) the foreign employer, which sponsors the foreign employee's employment, is required to notify the Thai Immigration, Labor Department, DBD or Thai Embassy in the foreign jurisdiction.
This is a part of the ongoing contractual obligations contained in the application for LTR visa. Failure to do so could affect future applications or result in non-compliance. This is the Thai legal position, regardless of potential practical issues in enforceability.
I expect the foreign sponsoring employer shall often be more than willing to notify the Thai authorities to end its ongoing obligations.
Brandon ************
@Pornrat **********
these are foreign companies with zero association to Thailand. They have nothing to do with Thailand, the LTR, or their employee working in Thailand. Some companies may not even be aware their employee is even working in Thailand.I guarantee you these companies could care less what Thailand thinks, wants, or requires.
No part of the LTR requires employer approval to work in Thailand. And the employer is not notified of any Thai laws or requirements as part of the process.
You stated "ongoing contractual obligations contained in the application for LTR visa."
There is no contractual obligation between this person's employer and Thailand. Because they are not involved at all.
Pornrat ***********
@Brandon ***********
your statement above is incorrect.I am not sure you understand parts of the LTR visa Aplication process for foreign employees sponsored by a foreign company ("Work from Thailand Professionals"); because the sponsor must provide evidence and reporting about the corporate revenue or stock exchange status.
1.1) There are many foreign companies that have satisfied the financial threshold to sponsor foreign employees in Thailand on the LTR visa.
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dd&menu=5d6636cd15e39c3bd*****
deOur Thai law firm has assisted circa +25 in the last couple of months; inclduing the ongoing compliance requirements & reporting obligations.
1.2) Accepted that wealthy private individuals or certain professionals, which do not have a foreign employer shall have a different application & threshold route. But that is not applicable to the OP's fact-pattern; so irrelevant.
2) In regard to foreign Branches/ Representative offices & Trading Offices - again - the Thai Ministry of Commerce / DBD & Revenue department check with the Immigration before authorisation by the Labor department to issue the work permit.
3) If a LTR visa holder ends the employment contract it shall directly affect the foreigner's visa status and the guidance is that the sponsor should notify the relevant Thai authorities.
Reply to
Pornrat ***********
Reply
Henrik ****
It is pretty clear with all kinds of visas also the LTR that if the ground of issuing the visa to you is no longer present, then your visa will no longer be valid. Nothing might happen in real life, because they don't know if nobody telling them.
John ******
@Henrik ***
I agree with you. Have ltr so have seen the rulesBrandon ************
Henrik JN that applies to extensions but not to visas. Visas cannot be cancelled. So if you lose your job and you're still on the initial 90 day non-B you can stay. Same with schools, marriage, etc.
Henrik ****
@Brandon ***********
, I know ppl are saying that a visa and an extension have different rules about cancellation, but at least the Embassy in my home country says differently. Also, if a visa cannot be canceled at all, then a number of strange situations will arise. Let s say you are on an ED visa and then leave school prematurely to attend a job. Now, if your ED visa cannot be cancelled you cannot get your Non-B visa for working.Brandon ************
Henrik JN you can nullify the visa by leaving Thailand and applying for a non-B, but it's not cancelled.
Henrik ****
@Brandon ***********
, but you still cannot get another visa until your current visa has expired or been canceled. If true, then my example of leaving your school prematurely because you got a nice job will not be possible until your ED visa has expired. Or how?Brandon ************
@Henrik ***
not sure about that. I think the issue really only comes into play for multiple entry visas. Because when you enter with a single entry visa it's marked as "used" so there's no impediment to getting a new visa. But multiple entry visas are going to be valid after the first entry still.Henrik ****
@Brandon ***********
, actually another approach going from an ED visa to a B visa would be the TM86 Application for Change of Visa...Henrik ****
@Brandon ***********
, true, the mentioned situation can only happen on a multiple entry visa. Years ago I was on a multiple Non-O on the ground of marriage and at least at that time I got a sticker at the embassy telling me a lot of restrictions including having no right to enter Thailand at all just because having a visa and this story about the need to cancel the visa in case of death or divorce. I was actually a little terrified, that is why I remember it clearly and asked the officer what that actually meant, and she just said: Dont worry, nothing happens, they will let you in for sure :-)Reply to
Henrik ****
Reply
Brandon ************
Yes, that's how it works at the moment. They could always change things but I'm not sure how since you already have the 5 year stamp after the initial check.
Then at the end of 5 years you have to file a new application exactly like the first time, but no payment required.
Then at the end of 5 years you have to file a new application exactly like the first time, but no payment required.
Reply to
Brandon ************
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