What should I do about my expired visa extension after my work permit cancellation?

November 8, 2018
6 years ago
Chris ***********
ORIGINAL POSTER
Hi, I'm in a visa pickle and could use some advice. My work permit (BOI) was cancelled in November last year but as I was out of the country already at that time, my 2-year non-b visa extension was never cancelled and shows a validity until December 2018.

When coming back to BKK for a 1-month holiday this April, I expected to receive a visa exemption stamp, but instead, I was stamped into the aforementioned visa extension – which made me believe it was still valid. Been in and out of the country without any problems several more times this way.

I recently moved back full time to live here with my family. The visa extension will expire in December, and I'm planning to go back home to apply for a new visa (non-o dependent, based on my wife's work visa).

However, I only recently found out that my visa extension should've been cancelled. Obviously it's too late to cancel it now, and I'm technically on overstay (I've been on this visa for a little more than 90+ days in total over the past year after the WP cancellation, if you count all my trips in the country last year). I don't dare to go to immigration by myself as I'd risk a blacklist. I don't mind the fine, but blacklist would be very bad as I have my family here.

Has anyone been in a similar situation, and is there any way to fix this? Would really love some help!
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TLDR : Answer Summary
A user is concerned about their expired non-b visa extension following the cancellation of their work permit. Despite re-entering Thailand multiple times without reported issues, they learned that their visa extension should have been canceled. They are worried about the possibility of being blacklisted for overstaying and seek advice on how to rectify the situation without facing severe penalties.
Tod *********
@Chris **********
You won't be blacklisted or banned. :O

It's just that you didn't follow the "real procedure" to cancel your extension after your work permit was canceled.

AND

the people at passport control don't have access to those things when they stamp you into the country.

You showed up (several times from what you said) and didn't tell them you were no longer working and let them stamp you in on an extension that should have been canceled when your work permit was.

Go to the immigration office and get it sorted out. Believe me you cannot stay here until that extension expires and every time you enter on it you're digging a deeper hole for yourself.
Tod *********
You won't be blacklisted. You're not the first foreigner in the history of thailand who did this. Although they might ask you WHY when you knew you were no longer working, did you continue to enter on the extension in your passport instead of tell them you weren't working?
Chris ***********
ORIGINAL POSTER
Hey Tod - thank you so much for the reply. I honestly wasn't aware of the visa being invalid after my WP got cancelled, especially since they stamped me in on the visa extension again when I got back to TH a few months after. Didn't inform myself enough, so that's 100% my own fault. Only found out recently that I was all wrong! I don't mind the fine – just the change of blacklisting terrifies me.
Tod *********
In reality you've been on overstay since the work permit was canceled whether you left the country and re-entered or not.

The thai officials look at it this way. It is YOUR work permit and YOUR passport and that means it's YOUR responsibility to cancel them both when you quit working. Simply stamping out of the country doesn't cancel an extension of stay (and indeed without you going to the BOI office with your passport NO one could cancel it).

I'd say you need to go to the BOI office that issued you your 2 year extension and see what can be done.

While you won't be banned for the "overstay" <- failure to cancel your extension when your work permit was canceled, you can and probably will be fined the 20K baht maximum fine (it doesn't if you were in out out of the country during this time. the fine is for failing to cancel your extension when your work permit was canceled).

Good Luck,
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