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Extend 1 month very close to end of contract

 
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Pablo



Joined: 15 Dec 2011

PostPosted: Sat Jan 05, 2013 4:42 pm    Post subject: Extend 1 month very close to end of contract Reply with quote

Hi-

Does time remaining on your ARC after your contract end date constitute permission to work (at the same school) until that date, even if the original contract end date has passed and immigration has not yet been notified of an extension?

My contract is being extended for one month, but my employer is very busy, and the immigration office is in another city. It may be within a few (maybe only 2) days of the contract end that the two of us are able to go to immigration. Does anyone know if that will be a problem? Does immigration require more advance notice in order to remain legal?

I do not want to accidently work illegally under any circumstances.

I'm concerned my employer may say that there are still three weeks left on my ARC card after my original contract expiration date, so as long as we sign a contract extension, we don't have to rush to immigration by the end of the original contract date. Would that be true?

Needless to say I will try to get us to immigration as soon as possible, but time is short at this point and I am concerned.

Thank you for any information.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jan 05, 2013 6:23 pm    Post subject: Reply with quote

You are legally required to report the change in status to immigration within 14 days of said change of status.

The reason ARC dates (permitted period of sojourn) were extended from 12 months -13 months was to enable people to complete their jobs at their primary employer (often contracts ran longer than the permitted period of stay) without the need for an extension.

PROVIDED you will finish your job with the SAME employer before the expiry of your ARC you are OK.

You cannot change employers on that same ARC without the permission of immigration.

.
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Pablo



Joined: 15 Dec 2011

PostPosted: Sat Jan 05, 2013 7:17 pm    Post subject: Reply with quote

Thank you very much, Ttompatz. I should have added that my ARC expiration is only two or three weeks after the original contract end, because my job did not start as soon I arrived in Korea. The ARC date needs to be extended in order to work the full additional month. I'm worried that "within 14 days" in your reply can potentially mean before OR after. I'll rephrase:

Is there a certain number of days BEFORE or AFTER:

A) The original contract end-date

or

B) the ARC expiration date

that the (same) employer and I must inform immigration we are extending for one additional month in order for me to remain completely legal?


Could you please specify "before", "after", or "either"?

Thank you again.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jan 05, 2013 8:09 pm    Post subject: Reply with quote

If you can complete your period of employment with your current employer (your guarantor for your E2) before your ARC expires you are fine.

If you cannot then you need to go to immigration and get an extension and/or file a report in your change of status.

.
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Pablo



Joined: 15 Dec 2011

PostPosted: Sat Jan 05, 2013 8:28 pm    Post subject: Reply with quote

Sorry to bother again. Almost there.

ttompatz wrote:
you need to go to immigration and get an extension and/or file a report in your change of status.

Is there a set last date that we can do this? Certainly before the day of ARC expiration, but is there a set number of days before that date? It sounds like we don't *have* to go before the contract expires, as long as we sign a contract extension before that.

I know my question is best asked to immigration, but if you already know the answer that would be great.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jan 05, 2013 9:43 pm    Post subject: Reply with quote

Pablo wrote:
Sorry to bother again. Almost there.

ttompatz wrote:
you need to go to immigration and get an extension and/or file a report in your change of status.

Is there a set last date that we can do this? Certainly before the day of ARC expiration, but is there a set number of days before that date? It sounds like we don't *have* to go before the contract expires, as long as we sign a contract extension before that.

I know my question is best asked to immigration, but if you already know the answer that would be great.


Typically, if you need to extend your ARC you can do it anytime from 60 days up to 3 days PRIOR to your ARC expiry.

If you have not dealt with immigration by then you have until 23:59 on the last date indicated on your ARC to be through passport control on your way out or be in an overstay position.

.
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Pablo



Joined: 15 Dec 2011

PostPosted: Sat Jan 05, 2013 9:48 pm    Post subject: Reply with quote

Got it.

Thank you again. Your posts helped me a lot.
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