Jump to content
BANGKOK 25 April 2019 16:57
Jadam

New Work Permit Cancellation Rule

Recommended Posts

Up until recently, the procedure for expats returning home after working in Thailand was as follows:

1)  Make travel arrangements

2)  Visit work permit office within 30 days of departure to cancel WP

3) Visit immigration within 1 week of departure to cancel visa

4)  Leave the country within 7 days.

AFAIK there were never any fees collected for this, just a bit of running around and sitting and waiting.

 

About a month ago, the department of labour decided to change the rules.  When attempting to cancel a work permit for one of my employees, we were told that it must be done the same day she leaves the country (within 24 hours). 

 

Seemed a bit silly but made some phone calls and confirmed this with the bosses at the labour department (at least our local office).

 

We went back to the WP office again the last business day prior to her departure date (a Friday because she was leaving on Saturday) and they again said we were too early, that the work permit and visa must be cancelled the same day she leaves the country.  When asked how it would be possible to do this on a Saturday when the office is closed, they were unable to give us an answer.

 

Visited the local immigration office to see if they could offer a solution and they again confirmed what the WP office had told us but were able to offer us options:

1)  Cancel work permit early, then apply for a visa extension at immigration, get refused, and then have 7 days to leave the country.  Cost: 1,900 baht.

2)  Just leave the country without cancelling work permit.  Cost: 5,000 baht fine or possible denied entry if the person ever comes back to Thailand with the same passport.

 

My question is, has anyone else heard about this?  Is this just a scheme to make money that our local government folks came up with over beers one Saturday night, or is this an actual rule in other provinces as well?

Edited by Jadam
  • Like 1

Share this post


Link to post
Share on other sites

The "7 day grace" rule was changed to "leave by midnight on your last day" some years back. So it's not actually a new rule.

 

Whilst it's unlikely to result in a denial of entry it's wise to cancel the WP.

 

It should be possible to leave on Saturday without doing anything provided the company can be trusted to cancel the WP on Monday.

 

Share this post


Link to post
Share on other sites

Ahh, so it's one of those old rules that they've just now decided to start enforcing (without warning).

We thought of cancelling the work permit after the employee leaves the country, but then she wouldn't have the official stamp in her passport and would still be subject to a fine upon returning to Thailand in the future.

 

I suppose another option would be to cancel everything a day or two ahead of time and then she just has to pay the overstay fine.

Share this post


Link to post
Share on other sites

As I understand it, the fine is for failing to cancel the WP not for failing to cancel the extension of stay.

 

She certainly doesn't want an overstay stamp, at least one consulate won't issue a visa if there's a Thai overstay in the passport.

 

I would cancel early and pay the 1,900 for the "failed" extension.

 

Solves all the issues for $50.

 

EDIT I see Joe has responded. Ignore the above.

Share this post


Link to post
Share on other sites
5 minutes ago, Jadam said:

We thought of cancelling the work permit after the employee leaves the country, but then she wouldn't have the official stamp in her passport and would still be subject to a fine upon returning to Thailand in the future.

 

There is no stamp done in a passport for a work permit cancellation.

There certainly not be any fine for not canceling a work permit charged by immigration on entry to the country.

  • Like 1

Share this post


Link to post
Share on other sites
Quote

There is no stamp done in a passport for a work permit cancellation.

There certainly not be any fine for not canceling a work permit charged by immigration on entry to the country.

We get a letter from WP office first, take it to immigration and cancel the visa.

 

If there wasn't a penalty for not cancelling the work permit, why would anyone bother to do it?

Edited by Jadam
typo

Share this post


Link to post
Share on other sites

It sounds like our local immigration is just being difficult in an attempt to make more money.
I don't see the need to visit immigration at all.  If someone were to just leave Thailand (on a single entry non-B and no re-entry permit) their visa would automatically be cancelled and then we could later cancel the work permit.  Is there any way the person could be penalized for this?

Edited by Jadam

Share this post


Link to post
Share on other sites
5 minutes ago, Jadam said:

It sounds like our local immigration is just being difficult in an attempt to make more money.
I don't see the need to visit immigration at all.  If someone were to just leave Thailand (on a single entry non-B and no re-entry permit) their visa would automatically be cancelled and then we could later cancel the work permit.  Is there any way the person could be penalized for this?

If he actually was on a 90 entry from a non-b visa there would be nothing to be canceled. I assume the are on an extension of stay.

Leaving the country and re-entering the country without a re-entry permit voids the extension but it does not formally cancel it.

There have been a few cases of immigration making problems when a new extension based upon working was applied for because the old one was not formally canceled. A termination letter dated for the date they left the country would resolve that problem if it ever arose.

If the work permit is canceled after they leave the country that would end any chance of a problem with the Labor Ministry later.

  • Like 1

Share this post


Link to post
Share on other sites
2 hours ago, ubonjoe said:

Not all offices want a work permit cancellation receipt to cancel an extension. Most just want a termination letter stating the last day of work. 

Most offices will post date the extension cancellation to the date on the letter if you go to immigration a few dates prior to that.

 

There is a 500 baht fine charged by the Labor Ministry if a work permit is not canceled when a new one is applied for.

They charged me 1500 when getting a new WP, after not canceling a previous one. This was years ago at and was done at the police station near the DoL Din Daeng.

 

And btw, I stayed on the original visa after leaving the job for 11 months. 

 

Edited by Neeranam

Share this post


Link to post
Share on other sites
4 hours ago, Jadam said:

3) Visit immigration within 1 week of departure to cancel visa

Visas are never cancelled. 

  • Like 1

Share this post


Link to post
Share on other sites

Your employee can resign at any time, even when they are abroad.

 

If they did that you wouldn't have a passport to take to immigration.

  • Like 1

Share this post


Link to post
Share on other sites

Hi,

 

So if I understand properly what you re saying on this topic, is that I could have my WP cancelled and still using the visa from it later on ?

My employer is going to cancel my work permit on 31st january, but actually my visa (the extension) goes until 30 june 2020 (I got this 2 year BOI visa).. I could be using it after the cancellation and nobody would know about this ? Any risk doing that ?

Thanks,

 

Share this post


Link to post
Share on other sites

 

On 5/12/2018 at 4:56 PM, ubonjoe said:

If he actually was on a 90 entry from a non-b visa there would be nothing to be canceled. I assume the are on an extension of stay.

Leaving the country and re-entering the country without a re-entry permit voids the extension but it does not formally cancel it.

There have been a few cases of immigration making problems when a new extension based upon working was applied for because the old one was not formally canceled. A termination letter dated for the date they left the country would resolve that problem if it ever arose.

If the work permit is canceled after they leave the country that would end any chance of a problem with the Labor Ministry later.

Thank you Joe.  All of what you said makes sense and should work.  Unfortunately, it didn't in our case.

Long story short, two teachers (on a 1 year extension) resigned from schools in other provinces, went to Malaysia to get Non-B visas (90 days) to work at my school, and we obtained teaching permits and work permits for them, all without a problem.  The previous employers cancelled their old work permits some time in between (if not we would have had an issue when applying for new work permits).

Only when they went to extend their visas to 1 year at our local immigration office (just last week) did they need to pay a fine of 3,000 baht each for not having the proper "visa cancellation" stamp in their passports.  One of them had the letter from the labour office in her previous province confirming that the work permit had been cancelled but it made no difference.  Immigration employees explained that the fine was for not having the proper stamp in her passport indicating the previous visa had been cancelled.  

 

I suppose it makes little difference, but I am still curious if this is something that only my local immigration office follows or if there are others.

Edited by Jadam

Share this post


Link to post
Share on other sites

When I stopped working I needed to have my work permit canceled and my Non B Visa converted to a retirement Visa. Or rather an extension to stay based on retirement. I was told I had to go through a bunch of procedures to get this done including a visit to the labor department. I spoke with the lady that does legal work for the place I was working she was able to get my work permit canceled and my Visa changed for a total of 3000 Baht money well spent no headache on my part.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...