Q: If a senior migrant worker’s contract ends and the original employer is unwilling to apply for an upgrade to intermediate skilled worker status, can a new employer apply for the upgrade?

Answer:

Yes. According to Paragraph 1 and Paragraph 2, Article 43 of the “Regulations on the Permission and Administration of the Employment of Foreign Workers,” if a currently employed foreign worker has continuously worked for six years or more, or worked an accumulated six years or more for the same employer, a new employer can apply for them to be upgraded to intermediate skilled worker status as long as the application is submitted 2 to 4 months before the expiration of the original employment permit.