When you quit your job in Thailand and the employer has to cancel your visa, do we necessarily have to give them the original passport so that they can cancel the visa or can it be done on a copy of the employee's passport, without giving the original passport?
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Do you have any evidence to support the assumption that the employer is actually responsible for cancelling the visa? That seems very unlikely. More likely, they need to inform the authorities, who may then decide to cancel the visa.– phoogCommented Jul 14, 2016 at 17:21
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1They can not cancel a visa, but it is a legal requirement that the employer cancel an extension of stay if it was issued on the grounds of employment, when they cancel the work permit. And they are legally required to cancel a work permit no more than seven days after employment comes to an end.– Scott Earle ♦Commented Jul 15, 2016 at 2:10
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3Do not give them your passport if you are leaving.– ouflak ♦Commented Jul 16, 2016 at 14:12
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2 Answers
Many people get confused about the difference between a visa and an extension of stay. A visa is obtained overseas that gives permission to enter the country; an extension of stay is obtained within the country and allows you to stay until a specified date.
Usually when getting a work permit, an extension of stay based on employment is issued with a 'must leave by' date that is the same as the expiry date as the work permit. If you already have an extension of stay for another reason (e.g. based on marriage) then either the previous extension is cancelled, or no new extension is issued. They generally prefer to cancel any previous extension and issue a new one, simply because it then means that there is only one date when you need to update the work permit and extension of stay.
When you leave a job in Thailand and you are staying in the country on an extension of stay based on employment, your employer is responsible for taking you to the immigration office and cancelling your extension of stay. You must leave Thailand on the same day unless you apply for a seven-day extension that will automatically be given, at the standard cost of 1,900 THB. Your work permit will be cancelled at the same time.
If you are on an extension of stay for any other reason (e.g. marriage), or if you do not have an extension at all and just have a visa, then they can not cancel your stay.
In order to cancel an extension of stay, they require your original passport, so they can enter the new stamps to say that your extension is no longer valid, and also to give you a new stamp containing the date by which you must leave Thailand.
answered Jul 15, 2016 at 2:05
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1"In order to cancel an extension of stay, they require your original passport": If I understand correctly, the employee would go to the immigration office and give the passport to the immigration officer, not to the employer. Is that right?– phoogCommented Jul 15, 2016 at 2:18
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3The employee and the employer go to the immigration office together– Scott Earle ♦Commented Jul 15, 2016 at 2:24
1) Don't confuse a visa (obtained outside of Thailand at embassy or consulate) with an extension of stay (obtained within thailand at a local immigration office).
2) You are on an extension of stay for a specific reason: In this case employment. The day that you quit or the day that you are terminated, your extension is technically invalid on that day. But in practice, it may take a few days for your employer to notify immigration, ministry of labor, etc. Some employers may never actually contact immigration. That doesn't mean it is valid. It's just that it works in your favor as the computer still shows a valid extension. But I don't recommend relying on this as you risk being in an overstay condition.
3) You can do what a friend recently did: do an out-in border run immediately. If questioned, explain to the border official that you quit your job or you are getting a new job, so the current extension is not valid anymore. Because they might think you are simply wanting to leave, but forgot to get a re-entry permit as the computer still shows a valid extension. You can also go to local immigration to ensure the existing extension is cancelled and get 7 day extension for 1900 baht. But I would try a border run first. Usually cheaper and gives you more options.
4) Another tip: if you are married to a Thai national, do the extension based on marriage. This way if you have a fallout with your employer, your extension is unaffected. OR get a multiple entry non-"O" or "B" visa . You would have to do border runs every 90 days vs 90 day reports at local immigration. But your visa is still valid in case you part ways with employer or get a divorce.
Although it is getting more difficult now to get multiple non-immigrant visa than in the past, but for legitimate marriage, work, or retirement, you should still be able to get it. Only time will tell.
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"You would have to do border runs every 90 days" Since late 2016, Thailand gives visa-free entry for land arrivals (if you're entitled to it, of course) only twice a year. You can do as many air border runs as you want, but no more than two land/sea arrivals. Not sure how strictly enforced it is though.– ddaCommented Jan 9, 2018 at 19:36
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1@dda 90 day border runs apply to ME non-immigrant B/ED/O. Has nothing to do with VE. After 6 VE air arrivals, immigration computer will shoot an alert of frequent travel. It's not a ban, but they might ask what you are doing or encourage you to get the correct category visa for your frequent arrivals.– Jon GrahCommented Jan 10, 2018 at 15:51