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A friend's taking extreme risks

Discussion in 'Employment Contracts' started by Clown, 22 May 2015.

  1. Clown

    Clown Thread Starter Well-Known Member

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    She kept the old school's WP and wants to wait until she gets a new waiver from the TCT, before returning it and doing a B-Visa run.

    This sounds very dangerous. Doesn't one have to i. return a WP right away, with one's "change of status" being based on the actual employment?!? To remain in Thailand, pretending the old school's employment would be ongoing would constitute overstay, and fraud. JMHO. (Immigration needs to know when a foreigner starts and stops working or moves to another town hundreds of miles away. And the permission to stay in the country is based on a specific employer)

    We argued but she thinks all is well, because an agent told her so.

    What would you advise her to do? Assuming that she will want to continue teaching here in Thailand.

    With reporting requirements for schools and Immigration and Labour Departments having (shared?) databases, they should pick up on this. And be it when they ask "when was your last day at the old school?" - Answer: March 31st. With the WP being returned in June or July? :huh
     
    Last edited: 22 May 2015
  2. Mister T

    Mister T Retired, fat and happy

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    Work permit has nothing to do with overstay. The WP is null and void as of her last day of employment, same with her visa if she is on extension for reason of working.
     
  3. NODIIT

    NODIIT Well-Known Member

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    I was in a similar situation 2 years ago but I was still on the first 3 month of my Non-B, not on an extension, so it never impacted my Visa (happily).

    To made it short: the head of department of a primary school in Kalasin kept my WP (and use it to apply for a waiver ) because she was pissed off with me.

    The WP was null as I never started the job (I actually said "no" 2 weeks before the contract started and before the WP was physically issued) but she kept it locked in her office during 2 months after that.
    During this period I couldn't be issued another WP . The head officer at the Labor office promised me to take care of it but then asked me to go and discuss with her.
    Being very diplomatic by nature :cool I was able to get it back.

    The whole situation was silly but it really had no impact on the legality of my presence in the country.
    However:
    1. a visa is not linked to a school but an extension of stay is motivated by an employer. So technically, as Mister T already stated, if you are on an extension: when your job is done your WP is gone.
    2. waiver are issued to your school, not to you. What she will do after that waiver is issued? She can't get another job with it, it's useless...
    :go10
     
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  4. gungchang

    gungchang Well-Known Member

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    Your department head sounds a lot like an estranged wife.
     
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  5. GanDoonToonPet

    GanDoonToonPet Well-Known Member

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    I was in a similar situation when I worked for the SS a few years ago & left, in a blaze of glory, a few months before my WP / waiver was up.

    I called a certain visa run service company & they informed me that they could get me through the border for a small fee.

    As for Thai admin cancelling the WP / extension. Given the choice between doing something & not doing something, they will 99.9% of the time choose the latter. Why bother cancelling that WP when you could spend the time improving your education by reaching the next level on Candy Crush or watching a YouTube clip of a skateboarding parrot?
     
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  6. Gor Blimey Guvnur!

    Gor Blimey Guvnur! What the duck ! Staff Member

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    But also to add, afaik, you have 7 days to leave the country or sort out a new visa.
     
  7. luibkk

    luibkk Well-Known Member

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    Only if you get a 7 days extension for 1,900 THB. Normally you have 24 hours afaik.
     
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  8. gungchang

    gungchang Well-Known Member

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    That was my experience at Bangkok immigration on April 20.

    I flew out of Swampy on April 21 and was not fined. I guess the overstay fine is still waived for the first day.
     
  9. Clown

    Clown Thread Starter Well-Known Member

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    Heard that the embassies no longer grant T-Visa to "Africans" wanting to bridge the gap between expiration of their B-Visa and a potential new employment contract. This lady is from Cameroon...

    With databases and each and every scrap of paper being saved, it will only be a matter of time before she will get into trouble.

    I would have sleepless nights if I was in her situation... Her reaction has been not to talk about it any more.
     

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