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Work permit expired...last September!


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Have an URGENT question for a friend who is not on TV & for whom English is limited.

 

Came here to set up shop for a major US corporation. Did visa, work permit, as per the rules.

 

On his return here after new year holidays, discovered his WP had expired in September! Of course, none of his Thai staff had a clue this was even a necessary component & the new branch here does not have a lawyer assigned to keep such matters in hand.

 

Visas expire in February for husband, wife, and two teenagers. The teens go to a first-tier int’l school here. It would be VERY discouraging for them to lose their entire school year.

 

Need suggestions to pass along. Perhaps a contact for the right, well-informed immigration lawyer.

 

My thought was that husband could return to head office in USA and corporation’s lawyers could make things right with the Thai Embassy in DC.

 

Wife & kids? Could she get an extension at CW as sole carer for the two kids in int’l school, and the kids' extensions as dependents, or education extensions?

 

Thereby, she & the kids could continue their normal life here. separating their situation from hubby’s while he sorts things out with the parent company.

 

I just don't want to see these two bright, polite kids lose their school year. Would be most discouraging to them.

 

Thoughts, please. TIA!

 

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Kids can get non-Immigrant Visa type “ED” at nearest Thai embassy or consulate for studying in International Schol and mother can also obtain Non-Immigrant “O” visas in relation to their child's visa. Many international schools will assist with students’ visas by issuing the necessary documentation, although parents are responsible for all applications for student visas and visa extensions.

Edited by sanmyintmaung
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3 hours ago, ChaiyaTH said:

A major US corporation, guy with limited English, nobody to take care of their visa but do having Thai staff? Confusing story if you ask me. 
If he has enough staff as required he can simply apply for a new WP as well extend his visa by the time it expires. Wife and teens visa would not be a issue then either.

If it is a major US corporation a bit budget for a proper agent would not be an issue either? 

Yep, but there's a little problem. Once the work permit is expired, so is the visa/ permission of stay.

 

   It's based on work and if your friend doesn't have a Multiple Entry, he and his family are basically on overstay now.

 

   How can he get such a position for a US company if he can hardly speak English is a mystery to me. 

Edited by Isaanbiker
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1 hour ago, Isaanbiker said:

Yep, but there's a little problem. Once the work permit is expired, so is the visa/ permission of stay.

 

   It's based on work and if your friend doesn't have a Multiple Entry, he and his family are basically on overstay now.

 

   How can he get such a position for a US company if he can hardly speak English is a mystery to me. 

I would have thought precisely the same, yet there were no problems with entry for the family just after new year. I also never said 'he can hardly speak English', just that it's not his first language. I don't intend to abuse our friendship by seeking advice here.

 

Corporation is new to Thailand. They have not figured out the Immig rules yet, I guess.

 

Still seeking practical advice on the possible next steps for my friend...

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1 hour ago, unblocktheplanet said:

Still seeking practical advice on the possible next steps for my friend...

Immediately (tomorrow morning) employ the services of a good, well connected immigration lawyer. If, as someone else suggested might be the case, he and his family have been technically on overstay since September, it may take more than payment of a few fines to sort this out. This may be expensive.

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20 hours ago, ChaiyaTH said:

ajor US corporation, guy with limited English, nobody to take care of their visa but do having Thai staff? Confusing story if you ask me

Yes, the opening comments were a bit odd.

 

Re: his comment about clueless Thai staff

Unless his Thai staff included someone specifically tasked with dealing with WP's and immigrations, it isn't surprising that random Thai employees would not know much about such things. Why would they?

 

 

 

Edited by Suradit69
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No work permit....No visa.. The immigration office in Nonthaburi made me pay 35 days overstay last year when I was renewing my visa extension  because My WP expired in January and my visa was to expire in April...Having an extension of stay doesn't really mean you have an extension of stay in LOS.

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Technically with expired work permit, without permanent residence, his visa/extension of stay are expired as well. What he could do is get a new Non-B visa before returning to Thailand, and then go to labour department (if in Bangkok, that's at Din Daeng - Krom raeng gnarn - second floor) after he clears out the expired but not cancelled work permit at the police station 200m behind the building. Once he gets police report that he's cleared the fine, he returns to labour department and applies for a new work permit. It would be foolish to do this on a visa that's basically on overstay. As for family, as suggested earlier - children can get Non-Immigrant Education visas sponsored by their school, and wife can get visa based on child's visa as a caretaker. There it would also be wise to get new visas and not rely on current extension, which is basically invalidated.

 

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18 hours ago, unblocktheplanet said:

I would have thought precisely the same, yet there were no problems with entry for the family just after new year. I also never said 'he can hardly speak English', just that it's not his first language. I don't intend to abuse our friendship by seeking advice here.

 

Corporation is new to Thailand. They have not figured out the Immig rules yet, I guess.

 

Still seeking practical advice on the possible next steps for my friend...

Read the answers then: The corporate lawyers should hire a local lawyer to sort out the problem, if they can't do that they should be fired on the spot.

Edited by FritsSikkink
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  • 2 weeks later...
On 2/2/2020 at 12:20 PM, unblocktheplanet said:

Looks like they're working this out with the Thai Embassy in their own country. Thanks, everybody.

I know working with the Thai embassy seems logical. However, you might want to warn your company that the embassy will usually be completely clueless about anything other than the services they provided themselves. The company needs to deal with someone who fully understands Thai immigration and labour laws and practices. The Thai embassy does not. Note: the longer they leave this until employing an expert, the more difficulty there will be in resolving it. Good luck!

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On 2/2/2020 at 12:20 PM, unblocktheplanet said:

Looks like they're working this out with the Thai Embassy in their own country. Thanks, everybody.

That also makes no sense as Embassy/Consulate has nothing to do with immigration or work permits.  They can only issue visas and it is up to immigration to allow stay or not.

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