What steps should someone take to convert a Non-B visa to an Extension of Stay if dismissed from work in Thailand?

Oct 15, 2021
3 years ago
Tommy *******
ORIGINAL POSTER
Hello

In the situation of a person getting dismissed from work without notice. What steps should they take to get converted onto an Extension of Stay due to C19. The Non-B visa expires in March 2022 and the employer is expected to try and cancel said visa soon. How long are the legally supposed to give in this case?

Can one go to immigration and convert the visa themselves or is there paperwork need from the school to do so? TIA
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TLDR : Answer Summary
If dismissed from work in Thailand and holding a Non-B visa expiring in March 2022, one should first confirm their visa type (visa or extension of stay). It is essential to cancel the work permit before approaching immigration to convert the visa. After work permit cancellation, apply for a 60-day Extension of Stay due to COVID-19 at an immigration office, which requires specific documents including passport copies, forms from the immigration office, and a fee. Policies may vary across different immigration offices, so it's advisable to confirm local requirements.
Tod *********
And this is a good reason why people should keep BOTH their work permit and their passport in their possession (not let the employer have the work permit)

I think the O/P has about as much info as he's gonna get. If he wants other opinions post on a teacher in thailand group.

Good luck
Faranak *********
with a workpermit the school has to pay you 2months of your salary if both sides don't agree on finishing the contract before it's expired
Benjamin ******
@Vlin ****
But the school has the work permit
Robert *******
An employer can not cancel anything without your passport at the Immigration Office.

It is your passport and your responsibility. But as mentioned without knowing what kind of stay you have, difficult to anser.

The 90 days you got on entry with the original visa from a Thai Embassy can not be cancelled other than leaving the country.

An Extension of Stay based on employment, stamp from Immigration must be cancelled by yourself.
Benjamin ******
I will assume you do not have a visa, but instead an extension of stay (LOOK in your passport to confirm. An extension of stay stamp will say extension of stay).

>Can one go to immigration and convert the visa themselves or is there paperwork need from the school to do so?

You, or the school, will need to cancel the work permit first. Once the work permit is cancelled, then you will go to the immigration office and cancel the one year extension of stay based on employment. After the one year extension of stay based on employment is cancelled, you 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. [May not be needed for Bangkok Immigration] A TM30, filed in the immigration office.

3. The forms (each immigration office may have different forms, and want to use their special forms). For Bangkok immigration, the forms are located in the Files section of the group.

4. [Not needed for Bangkok Immigration] 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. Note the "OR's".

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
Tommy *******
ORIGINAL POSTER
Thx for the prompt reply. Yes an Extension of stay is right. So until the work permit has been cancelled I cannot covert. Is there any paperwork need from the labor office to show this cancellation? The employer holds the work permit...
Ellie *******
@Tommy ******
a bit old info but i guess good enough as FYI

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Wannikea *********
@Tommy ******
the work permit is yours, it is not the employers,it is issued to you not the school, do not relenquish your work permit, it should be in your possession at any given time.
Ellie *******
@Wannikea ********
, while it is true, the reality is that a lot of employers keep their employee's work permit all the time. legally or not.
Wannikea *********
@Ellie ******
yes and that kind of organization should set off alarm bells, this isn't their first gotcha by the short and curlies rodeo. I'd offer them photocopies of the permit.
Ellie *******
@Tommy ******
, get consulting with a labor office is one of the options.

Or try to get a termination letter and work permit from your employer if possible.

Or maybe try to go to the labor office to cancel your work permit.

They cannot cancel your extension without your passport. But once the work permit is canceled, your extension is invalid and you will be on overstay technically.

You may need the cancellation receipt of your work permit from the labor office to cancel your extension.
Benjamin ******
@Tommy ******
>The employer holds the work permit...

🙁 No good at all. The work permit belongs to you, and not the employer. Try and get on their "good side", and go with them when they cancel the work permit. The labor department will give you a letter saying the work permit was cancelled, and you'd use that to cancel your extension of stay at the immigration office.
Tommy *******
ORIGINAL POSTER
@Benjamin *****
understood I have a feeling they want to make trouble and they hold a be Permits to allow them. So maybe I should go visit labor before and ask them to inform me when the cancellation is processed.
Benjamin ******
@Tommy ******
I can imagine the employer claiming to be able to cancel your extension of stay "behind your back" in the system without you knowing (depending on how bad the relationship is between you and the school, and who they know). The amount of truthfulness in that claim; I do not know, but expect your employer to tell you that on your last day of work. However, you won't be able to get another extension of stay without first formally cancelling your existing extension of stay.

You will continue being on "overstay" until you cancel your extension of stay based on employment, somehow.

My advice would be this:

On the last day of your employment, leave Thailand, and return on a visa exempt. When you arrive to Thailand, as soon as possible, apply for a 30 day extension of stay based on tourism. A person can not have two extension of stays at the same time, and it should "cancel" the one year extension of stay based on employment. Expect to pay a fine of 500THB a day, up to a maximum of 20K THB for the overstay, on top of the 1,900 THB processing fee.

You can then get an in-country Non-O visa based on marriage to a Thai national, and then a one year extension of stay based on marriage.
Benjamin ******
@Tommy ******
They won't inform you when the work permit is cancelled, sadly.
Lloyd ********
First things first, are you on a VISA or an EXTENSION OF STAY? Can't answer unless we know 100%
Tommy *******
ORIGINAL POSTER
@Lloyd *******
an extension of stay since Feb 4
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