What options does my friend have to prevent overstay fees and re-entry bans after her work permit expired in Thailand?

Jan 22, 2023
2 years ago
Jon ******
ORIGINAL POSTER
I have a friend who has a Thai company, she is director, and her work permit expired and was not renewed back in july 2022. She has a stamp in the passport which shows the visa is good till march 2023. We know that the visa is linked to the work permit and technically the visa in the passport is expired. Is there a way to avoid 1) an overstay fee of 20,000 baht and 2) not allowed re-entry for 1 year? (these are the potential worst case senario rules which could be enforced when leaving Thailand). If she were to go through a land border somewhere remote vs. leaving from an international airport...would this make a difference? How organized and connected are the labor dept with immigration, does the labor dept report to immigration when someones work permit expires ( i hear technically yes, but practically)? Any one with any experiences? We know that the issue of paying overstay penalties may arise later if she were to try to renew her work permit after leaving and coming back, but she is not sure she will return here to work anyways and just looking for exit options;)
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TLDR : Answer Summary
The user is seeking advice for a friend whose work permit expired in July 2022, while her visa remains valid until March 2023. However, since the visa is tied to the work permit, the poster is concerned about potential overstay fees and re-entry bans. Responses from the community indicate that both the visa and work permit must be active together and that due to the expired work permit, the friend is currently on an overstay. There is uncertainty whether leaving via a remote land border rather than an international airport would mitigate penalties. Members sharing their experiences suggest that one should aim to leave the country to avoid complications, as they indicate that immigration is aware of expired work permits.
Prashant **********
Business or Work Visa only deemed valid till your work permit is valid . You have to leave with in 7 days of the work permit expires . But you might go out of country but next work visa will be very difficult as they find this and it's a voilation of Thai imm. rule
Christiaan *******
Work permit and visa goes together. I've just been through the almost the same thing when returning from work trip. Work permit expired while I was abroad. Visa still valid. I got stamped into the country based on visa. When company tried to resolve the work permit, they were charged for overstay from date work permit expired, and I was given 48hours to leave and come back on tourist visa and restart entire process.
Jon ******
ORIGINAL POSTER
Jon ******
ORIGINAL POSTER
I will try and share a pic of there visa stamps
Darren *******
The stamp in the passport is linked to the work permit. As the work permit has expired therefore the stamp in the passport is effectively null and void. So your friend us currently on quite a lengthy overstay.

As to your question about using a remote border versus an airport, no idea whether that will make any difference or not. Either way, your friend should leave before the police stop her for any reason.
Jon ******
ORIGINAL POSTER
Thanks everyone for your replies , I really appreciate it
Daniel ************
she got an extension - not a visa is my guess - thats not cancelled - if she not went to immigration and cancelled it - so no overstay here
Brandon ************
@Daniel ***********
The exact opposite is true. You cannot cancel a visa so if the work permit ends you can stay until the end of the visa. But when you get an extension you sign a document that says you will notify them if your situation that allows you to get the extension changes and you must go cancel the extension immediately upon that happening.
Jon ******
ORIGINAL POSTER
@Brandon ***********
it is an extension (which we know that it is technically not a "visa") that she got from inside the country...see the picture of her "extension" stamp in this post...Can you please share the rules, or how they differ, for each case 1} an "extension" given within the country, which is just the stamp with date....or 2) a proper "visa" which is a sticker issued at on embassy of thailand outside of thailand How would the rules of overstay differ?
Brandon ************
@Jon *****
a visa cannot be cancelled so should not incur overstay. An extension is applied for based on a reason with supporting documents and as soon as the situation the the extension was based on is no longer relevant that extension is no longer valid from that day and overstay would start immediately.
Grant ***********
@Brandon ***********
work permit expired in February last year, but the visa associated with it was for May, even though I had a valid visa, because my work permit ran out my visa was no longer valid, I think but don't quote me on this i think you have a month after the work permit finishes to leave the country, the thing that happened to me there was a delay in the process of my new work permit, there was no issues with immigration, I got the fine and got a new work permit and a years visa
Greg ********
My friend might have gotten lucky, this happened last year as well. Regardless, I’m certainly not advising anyone to stay on an extension based on a cancelled WP, just sharing my buddy’s experience
Grant ***********
@Brandon ***********
I don't think that's true, my work permit finished in February and my visa was until 7th may, I got a fine from immigration, but my new visa and work permit got approved
Steve *******
@Grant **********
Did you have a valid visa or an extention of stay?
Brandon ************
@Grant **********
Was it a VISA from an embassy overseas, or an extension that you go from immigration inside the country? They are very very different with completely different rules.
Grant ***********
@Brandon ***********
it was all done by my company in Thailand, I wouldn't have know anything about it, I just seen the fine stapled in my passport. Just saying in my experience the visa is linked to the work permit. My new work permit was getting processed And my visa was in date, but still got a fine
Grant ***********
That was last year
Greg ********
Yes I can attest to there being little, if any, communication between labor and immigration. Same thing happened to a close friend of mine, his employer cancelled his WP but he still had an extension for multiple months based on the WP. He ultimately left on the last day of his extension and there wasn’t a word from the IO, he was stamped out as normal. So while it is definitely true that this is illegal, it still seems that people are (for now) still able to do so as labor and immigration don’t communicate with each other.
Daniel ************
@Brandon ***********
yes you can cancel an extension- not a visa - but if the wp was cancelled the extension must be cancelled as well - my guess its still running /
Brandon ************
@Daniel ***********
the cancellation of the extension isn't automatic though. Very possible to be on overstay if the person didn't do what they were responsible for and report to immigration. Unfortunately I don't know the level of communication between department of labor and immigration.
Daniel ************
@Brandon ***********
from my experience there is none -
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