What should I do about my Non-B visa and job resignation in Thailand?

May 24, 2018
6 years ago
Stephen ************
ORIGINAL POSTER
Hi guys,

I am currently in a delicate situation and I came here seeking advice from you.

Here is my situation:

I have been here in Thailand since last summer on 3 (60-30 day) tourist visas. At the beginning of this year I was looking for a job as an English Teacher and I found one at a government school in Bangkok, which I started beginning of May. The school helped me to attain my 90-day Non-immigrant-B visa (I did the visa run, had the school’s paperwork, had to pay for the visa myself and came back without a problem). I have not received a work permit yet, the school is processing it (I have not paid for it, yet. They said it’s another 4k THB or so).

Now, the work situation at my school has turned out to be way worse than advertised and what they have told me. Long story short, my intention is to leave that school, but to stay in Thailand. And here the issues arise...

According to my contract, I barely have any rights, although the school seems to have all the rights to kick me out or to penalize me for various reasons... They are not breaking anything in the contract (e.g. 25 teaching hours). The only rescission clause states that I can rescind with at least one month notice and still get paid for that month. Now, if you google that, horror stories of teachers not getting paid or having their lives basically becoming horror stories come up in bunches. A lot of people say just to leave the country (and not come back?).

My questions:

- Do you have any experience with rescission from work contracts or these teaching situations?

- I am on the 90day Non-B Visa (not extended to 365 days yet). Is my visa already bound to a work permit? I don’t know if I am on a work permit yet, since I haven’t even paid the fee for it. Also, I don’t know how and when I get the permit…do I just get it from the school?

- In case I am not on a work permit, is my Visa bound to my work contract? What if I just leave the school? Would I be able to stay on my current Non-B visa?

- Most likely scenario: I want to do a visa run and come back on (my 4th) Tourist visa. What’s the best way to do that? Will I get in trouble for having a non-B visa cancelled without having a re-entry?

I am feeling that I might have a way out since it seems like my work permit is not done, yet. Also, quitting teaching contracts in the middle of the contract seems to be quite common….do all these people just flee the country?

I know, quitting a contract in a weird way is not very professional and if this were the U.S., I wouldn’t be afraid to do it the official, legal way. But since I hear a lot of negative experiences dealing with these schools (and my school seems to be that way), I come to you for advice first.

Best wishes, Stephe
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TLDR : Answer Summary
The user is currently facing challenges at their government school job in Thailand after obtaining a 90-day Non-Immigrant B visa. They are unsure of their work permit status and whether their visa is tied to their employment contract, leading to concerns about their options for resigning and staying in the country. The community offers advice that the visa allows them to stay regardless of employment status, emphasizing that quitting their job should not affect their ability to remain in Thailand for the duration of the visa.
Tod *********
@Ste****
, While you are not certain about the procedure I can say with 1000% certainty that IF you are on the original 90 day stamp on the Non-B visa you don't need to do anything.

You can stay for the full 90 days OR you can leave the country, go to a thai consulate and get a new visa. You don't need to contact the Immigration office OR the Ministry of Labour <- the people that issue work permits.
Stephen ************
ORIGINAL POSTER
Thanks a lot Tod! I appreciate all your detailed help! This "between the line"-info is not always out there. Have a nice day! 🙋‍♂️
Tod *********
IF you're not working, you can't get any extension on the 90 day stamp you're on. Meaning you have 90 days then you HAVE to leave the country.

You are NOT going to have any problem stamping out of the country when you leave, and you're not going to have any problem getting a tourist visa from thai consulate or coming back in on a 30 day visa exempt entry stamp if you want
Stephen ************
ORIGINAL POSTER
Thank you for the responses! So you are certain that I can just stay on the 90day non-b without being employed? I am just a bit worried because:

1. I needed a lot of paperwork from the school to attain that visa.

2. I am unsure if I am on a work permit, which sounds weird I know, but they are “processing” it and I am signing numerous documents for my school (incl. visa and work permit stuff, pictures etc.) on a daily basis (haven’t paid though)… Therefore, might the school be able to finish my permit without my interaction (a.k.a. paying, signing, going to immigration …. I really don’t know that process) and then be able to get me in trouble (sounds a bit dramatic, but who knows)….

3. Would you maybe suggest asking at immigration? Might they be open about it or is that just causing unwanted attention to my intention?

Some of you recommend leaving immediately…. Nobody would recommend the 1 month rescission version, correct?

So I am torn between quitting immediately and just staying at the non-b visa until it runs out or quitting immediately and doing a visa run, during which I can encounter difficulties I guess….
Binibining *******
Wait your pay day before you leave
Bruce *****
Pay day and leave the country presume then the visa cancels itself or stick it out and leave near to its expiry if you resign they could cancel the visa without you knowing presuming they are your sponsor after you have left the country email them with a family emergency and say you are not returning
Tod *********
A company cannot cancel a VISA when you quit, nor can they cancel and extension of stay at the immigration office without you there with your passport either
Jason *********
Wait for your next pay day and leave... you'll have to go and get another non b with your new school but there is no point in getting a work permit if you're leaving the school... you might have problems getting a 3 month tourist visa after getting a non b or maybe it is only a problem in penang..
Mary ********
Surprised to hear the situation exists in a government school. Usually they are vastly better than private. The government schools do pay significantly more than private schools.
Tod *********
Okay, IF you're on the initial 90 day entry of a Non-B you got even if you quit your job you can still stay for the 90 days you were stamped into the country for.

When you exit the country that stamp will cancel and you can get a new tourist visa from a thai consulate in a neighboring country.

Definitely turn in a letter of resignation stating the date you're going to stop work.

Don't believe the company if they try to threaten you, they can't cancel that visa and you can stay until the 90 day stamp is up.
Stephen ************
ORIGINAL POSTER
Hey Tod (and all the others),

Thank you for the responses! So you are certain that I can just stay on the 90day non-b without being employed? I am just a bit worried because:

1. I needed a lot of paperwork from the school to attain that visa.

2. I am unsure if I am on a work permit, which sounds weird I know, but they are “processing” it and I am signing numerous documents for my school (incl. visa and work permit stuff, pictures etc.) on a daily basis (haven’t paid though)… Therefore, might the school be able to finish my permit without my interaction (a.k.a. paying, signing, going to immigration …. I really don’t know that process) and then be able to get me in trouble (sounds a bit dramatic, but who knows)….

3. Would you maybe suggest asking at immigration? Might they be open about it or is that just causing unwanted attention to my intention?

Some of you recommend leaving immediately…. Nobody would recommend the 1 month rescission version, correct?

So I am torn between quitting immediately and just staying at the non-b visa until it runs out or quitting immediately and doing a visa run, during which I can encounter difficulties I guess….
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