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Hog Whisperer

When do I have to leave?

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My visa is good till 27/01/20.

Immigration stamp when I returned from a vacation in October says Admit until 31/01/20.
WP expires 30/12/19.

 

I am on an annually renewable job contract. If this doesn't renew for 2020 do I have to leave when my WP expires or do I have till end of Jan? I have been advised to talk to our HR which I will at some point but I don't want to make these inquiries until my renewal situation clears. But what's the standard practice?

Thank you.

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You cannot legally work without a work permit. If they want you to work they need to renew your work permit.

Technically your extension of stay issued by immigration on the day your work permit ends.

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Thank you for your responses.

 

53 minutes ago, steve187 said:

what permission to stay are you on, 

Category F visa (employer is an NGO) issued about a year ago.

 

51 minutes ago, ubonjoe said:

You cannot legally work without a work permit. If they want you to work they need to renew your work permit.

Technically your extension of stay issued by immigration on the day your work permit ends.

I have no intention of taking another job if I am terminated or quit myself. Just wondering till when I have to pack my bags. Till the day the WP expires 30/12 or till the Admitted Until day 31/1?

 

What you are saying, Joe, is that it's the WP day. Correct? In that case, HR will have to take some action to get that on my passport, like getting the Admitted Until day changed, right? Otherwise, that 31/1 should hold from just looking at the passport, unless the WP system is linked to the Imm system. Or am I missing something?

 

Incidentally, I don't mind leaving earlier as long as I have a couple of weeks notice. But the problem is my work place is 60km. from my apartment and I would rather not have to make a couple of trips if HR says, Bring your passport in tomorrow, then collect it ...

 

 

 

 

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3 minutes ago, Hog Whisperer said:

What you are saying, Joe, is that it's the WP day. Correct? In that case, HR will have to take some action to get that on my passport, like getting the Admitted Until day changed, right? Otherwise, that 31/1 should hold from just looking at the passport, unless the WP system is linked to the Imm system. Or am I missing something?

Working and having a work permit is a condition for your extension to remain valid.

The organization needs to decide what they are going to do. 

There is no linkage between the Labor Ministry and immigration. Immigration will not know about your work permit expiring.

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13 minutes ago, ubonjoe said:

The organization needs to decide what they are going to do. 

There is no linkage between the Labor Ministry and immigration. Immigration will not know about your work permit expiring.

Thanks, Joe. That's clear then.

 

Just hope they won't be hardassed and insist on revising my passport. I would much rather be Thailand than Farangland in Jan.

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Just now, Hog Whisperer said:

Just hope they won't be hardassed and insist on revising my passport.

The date you extension ends cannot be changed. They would have to give you a termination letter the date your job ends. Then you would have to go to immigration to have your extension canceled.

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4 minutes ago, ubonjoe said:

The date you extension ends cannot be changed. They would have to give you a termination letter the date your job ends. Then you would have to go to immigration to have your extension canceled.

Then I have one more question.

 

First my contract is till the end of this year. So, they won't need to terminate me with a letter, jut no new contract.

 

In that case, am I legally obliged to "have to go to immigration to have your extension canceled", or can I just fly out end Jan?

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1 minute ago, Hog Whisperer said:

n that case, am I legally obliged to "have to go to immigration to have your extension canceled", or can I just fly out end Jan?

You could get away with staying until your extension end and the fly out. But not formally canceling it you could cause problems it you ever want to get another one for working.

Your contract ending  does not end your extension. You would need a termination letter stating your last day of work.

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You haven't mentioned how long you've been there.

Will they pay notice and severance that you should be entitled to??

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22 minutes ago, overherebc said:

You haven't mentioned how long you've been there.

Will they pay notice and severance that you should be entitled to??

Couple of years. No other issues. They are good people.

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9 minutes ago, Hog Whisperer said:

Couple of years. No other issues. They are good people.

That's good they will pay what you're due and not the usual 'you're not due severance because it's a contract' that many try to do.

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Based on your original post, it is possible that our advice is based on incorrect assumptions. Terms like visa, permission to stay, extension and reentry permit are very important in your case.

 

The most reasonable interpretation is that you are in Thailand on a 90-day entry from a multiple entry Non F visa. That would imply that you entered Thailand on 03/11/2019. In that case (and you say the visa expires 27/01/2020)

  • your permission to stay does not expire when your work contract and/or work permit expires; and
  • you can even leave and reenter Thailand on or before 27/01/2020 and receive a further 90-day permission to stay.

As far as I can see, other explanations require either the immigration official to have made a mistake or you to have incorrectly stated your situation.

 

If you were granted an extension of stay (not a visa) until 27/01/2020 at an immigration office in Thailand, then when you left and reentered Thailand you should also have had a reentry permit also specifying that date. On return to Thailand, that is also the date that you should have been given on your restored permission to stay. If you have an extension and reentry permit, you should get the permission to stay corrected. Other than that, the rest of the advice above is correct.

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7 minutes ago, BritTim said:

As far as I can see, other explanations require either the immigration official to have made a mistake or you to have incorrectly stated your situation.

Ok, so here it is again:

Visa: "Category "F" Good for multiple return journeys to Thailand ... must be utilized before 27 Jan 2020. Issued on 28 Jan 2019.

Latest immigration stamp: Date 18 Oct 2019. Admitted Until 31/01/2020.

Work Permit: MUST EXTEND BEFORE 30 Dec 2019.

 

The first two are from my passport, the last one from the blue book. My appointment letter from my employer says I have a contract till 31/12/19. So I won't be terminated with an official letter as such. They simply won't give me another contract which means I will be out of employment end of the year.

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31 minutes ago, Hog Whisperer said:

Ok, so here it is again:

Visa: "Category "F" Good for multiple return journeys to Thailand ... must be utilized before 27 Jan 2020. Issued on 28 Jan 2019.

Latest immigration stamp: Date 18 Oct 2019. Admitted Until 31/01/2020.

Work Permit: MUST EXTEND BEFORE 30 Dec 2019.

 

The first two are from my passport, the last one from the blue book. My appointment letter from my employer says I have a contract till 31/12/19. So I won't be terminated with an official letter as such. They simply won't give me another contract which means I will be out of employment end of the year.

You need to get the permission to stay stamp corrected. If you entered Thailand on 18 Oct 2019, your permission to stay should be until 15 Jan 2020.

 

On or before 15 Jan 2020, you can leave and get a further 90-day permission to stay. Technically, you could make a further border bounce before 27 Jan 2020, but that would only buy you a few further days and is unlikely to be worth it unless you want to make a trip then for other reasons.

 

The date on which you must leave Thailand is not tied to your work permit or contract of employment. That is only true if you have an extension of stay for working (which you do not). Of course, if your work permit expires, you can no longer legally work.

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