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Kyle Wilson
Joined: 16 May 2007
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 Posted: Wed May 16, 2007 8:42 pm Post subject: Help - Immigration Ban |
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A very good friend of mine was working for a hagwon under a tourist visa last year. The employer told him to rush over quickly and that the work visa would be arranged for in the week that he would arrive. However, the employer didn't know at the time which documents he would need for the work visa. A month later when he got all the right documents, but had been teaching at the hagwon with a tourist visa, and was sent out of the country and back to renew it because the employer hadn't gotten him the work visa yet. After three months, because of no work visa and various reasons besides, he decided to quit the job, as I tried to set him up at my school. He went back to his home country first, rest a month before starting again, and then applied to my hagwon, this time making sure to request the work visa ahead of time. However, his CV had it listed that he had worked for the previous school, and when his documents were submitted to immigration, they had no record of him being legally certified to work and banned him from reentry to Korea.
My question is, is there any way for him to possibly contest the ban and make authorities aware of the deceptive practices of his previous hagwon? Even if he can't get the ban repealed - he does take responsibility for jumping into the situation too quickly - who can he contact to notify them of this hagwon? I'm aware of lawyers in Korea, but that can't help him now that he's out of the country. We don't even know if this ban is temporary or permanent. Is there someone or some place he can contact to get clarification and appeal? Or did he get royally screwed over and has to deal with the consequences for the rest of his life? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed May 16, 2007 8:50 pm Post subject: Re: Help - Immigration Ban |
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| Kyle Wilson wrote: |
A very good friend of mine was working for a hagwon under a tourist visa last year. The employer told him to rush over quickly and that the work visa would be arranged for in the week that he would arrive. However, the employer didn't know at the time which documents he would need for the work visa. A month later when he got all the right documents, but had been teaching at the hagwon with a tourist visa, and was sent out of the country and back to renew it because the employer hadn't gotten him the work visa yet. After three months, because of no work visa and various reasons besides, he decided to quit the job, as I tried to set him up at my school. He went back to his home country first, rest a month before starting again, and then applied to my hagwon, this time making sure to request the work visa ahead of time. However, his CV had it listed that he had worked for the previous school, and when his documents were submitted to immigration, they had no record of him being legally certified to work and banned him from reentry to Korea.
My question is, is there any way for him to possibly contest the ban and make authorities aware of the deceptive practices of his previous hagwon? Even if he can't get the ban repealed - he does take responsibility for jumping into the situation too quickly - who can he contact to notify them of this hagwon? I'm aware of lawyers in Korea, but that can't help him now that he's out of the country. We don't even know if this ban is temporary or permanent. Is there someone or some place he can contact to get clarification and appeal? Or did he get royally screwed over and has to deal with the consequences for the rest of his life? |
He was royally screwed over
BUT
He can contact the Korean consulate nearest his residence in person or by mail and make a formal inquiry as to the duration of the ban.
Typically a ban like that (for an immigration violation - assuming he was not charged or deported) would be for 2 - 5 years.
If he was in fact caught, charged, detained and deported it could be a lifetime ban. |
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Kyle Wilson
Joined: 16 May 2007
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| Posted: Wed May 16, 2007 9:15 pm Post subject: |
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| Even if the employer was involved in illegal activity too? |
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seoulsucker
Joined: 05 Mar 2006
Location: The Land of the Hesitant Cutoff
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| Posted: Wed May 16, 2007 9:24 pm Post subject: |
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| Kyle Wilson wrote: |
| Even if the employer was involved in illegal activity too? |
Yup. Because the employer is Korean, and "Here is Korea." |
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Kyle Wilson
Joined: 16 May 2007
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| Posted: Wed May 16, 2007 9:32 pm Post subject: |
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| I think the US Embassy page says that bans from Korea last up to two years, or is that completely off? |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Wed May 16, 2007 10:36 pm Post subject: Re: Help - Immigration Ban |
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| Kyle Wilson wrote: |
. However, his CV had it listed that he had worked for the previous school, and when his documents were submitted to immigration, they had no record of him being legally certified to work and banned him from reentry to Korea.
? |
Doesn't sound like a particularly swift character.
Anyway do what ttompatz said. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Wed May 16, 2007 11:15 pm Post subject: |
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However, his CV had it listed that he had worked for the previous school, and when his documents were submitted to immigration, they had no record of him being legally certified to work and banned him from reentry to Korea.
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You make it sound like he wasn't the one that put that school on his CV...how dumb can you get?  |
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wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
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| Posted: Thu May 17, 2007 2:50 am Post subject: |
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| There must be more to this story. |
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poet13
Joined: 22 Jan 2006
Location: Just over there....throwing lemons.
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| Posted: Thu May 17, 2007 4:44 am Post subject: |
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Nah, I doubt there is. OPs' friend didn't know the rules here and got burnt by the only immi person in korea who didn't have too much of a hangover to do his job that day.
Bad luck. Bad timing.
Would suggest that the OP change his CV, apply again, and resubmit new documents. Perhaps the file wasn't kept....
Also, they way I understand things (which admittedly is very little), it might be possible that he was only told he was banned, and that perhaps someone was only spouting regulations. It might be that that person spouted regulation without an actual ban in place. Scare tactic as it were... |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu May 17, 2007 4:55 am Post subject: |
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| poet13 wrote: |
Nah, I doubt there is. OPs' friend didn't know the rules here and got burnt by the only immi person in korea who didn't have too much of a hangover to do his job that day.
Bad luck. Bad timing.
Would suggest that the OP change his CV, apply again, and resubmit new documents. Perhaps the file wasn't kept....
Also, they way I understand things (which admittedly is very little), it might be possible that he was only told he was banned, and that perhaps someone was only spouting regulations. It might be that that person spouted regulation without an actual ban in place. Scare tactic as it were... |
Which is why I suggested he contact the nearest Korean consulate and make a FORMAL request (in person or in writing) to find out his status. |
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Kyle Wilson
Joined: 16 May 2007
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| Posted: Thu May 17, 2007 6:56 am Post subject: |
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| Which is why I suggested he contact the nearest Korean consulate and make a FORMAL request (in person or in writing) to find out his status. |
But wouldn't that make them suspicious? "I was just wondering, you know, if I happened to be banned from Korea or anything." |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu May 17, 2007 7:16 am Post subject: |
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| Kyle Wilson wrote: |
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| Which is why I suggested he contact the nearest Korean consulate and make a FORMAL request (in person or in writing) to find out his status. |
But wouldn't that make them suspicious? "I was just wondering, you know, if I happened to be banned from Korea or anything." |
According to the OP, the documents for a visa confirmation number had already been submitted and the request declined.
He can tell them that he applied and was was told by a hakwon that he was declined and make an official request to determine what his status in the country really is.
Alternatively he can apply for a job in Japan or Taiwan or China. There is no shortage of work in this industry. |
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Kyle Wilson
Joined: 16 May 2007
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| Posted: Fri May 18, 2007 7:00 am Post subject: |
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| poet13 wrote: |
Perhaps the file wasn't kept....
Also, they way I understand things (which admittedly is very little), it might be possible that he was only told he was banned, and that perhaps someone was only spouting regulations. It might be that that person spouted regulation without an actual ban in place. Scare tactic as it were... |
How likely is this though? Why would someone go to the trouble to reject an application for a job but not put a ban on the passport? |
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esetters21
Joined: 30 Apr 2006
Location: Seoul
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| Posted: Fri May 18, 2007 7:11 am Post subject: |
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| ttompatz wrote: |
| Kyle Wilson wrote: |
| Quote: |
| Which is why I suggested he contact the nearest Korean consulate and make a FORMAL request (in person or in writing) to find out his status. |
But wouldn't that make them suspicious? "I was just wondering, you know, if I happened to be banned from Korea or anything." |
According to the OP, the documents for a visa confirmation number had already been submitted and the request declined.
He can tell them that he applied and was was told by a hakwon that he was declined and make an official request to determine what his status in the country really is.
Alternatively he can apply for a job in Japan or Taiwan or China. There is no shortage of work in this industry. |
Ttompatz...you are diplomatic and give great advice and helpful information. However, I can never understand how people that come here don't do their own research on what is needed to secure their visa and take care of that before they leave their home country. You can't always blame it on the shady dealings of the hagwon owners and say that you were screwed, as I have seen too many times posted here. People need to take some accountablilty for their ignorance as well. |
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Stephne
Joined: 16 May 2007
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| Posted: Fri May 18, 2007 10:01 am Post subject: |
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[quote="esetters21Ttompatz...you are diplomatic and give great advice and helpful information. However, I can never understand how people that come here don't do their own research on what is needed to secure their visa and take care of that before they leave their home country. You can't always blame it on the shady dealings of the hagwon owners and say that you were screwed, as I have seen too many times posted here. People need to take some accountablilty for their ignorance as well.[/quote]
There are still some people out there who don't know Dave's exists.  
But as to the question of how long a ban lasts...... I was told by an Immigration Investigation Officer today that it lasts three years. Also, he said if you are not deported, then it is very unlikely that you will be blacklisted. How true that is, or how accurate his interpretation, or how the next officer will interpret............... You know what I mean.  |
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