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Omni
Joined: 17 Jul 2007
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 Posted: Fri Nov 09, 2007 10:21 pm Post subject: Leaving the country on an e2 visa without an arc..? |
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What happens if you leave the country on an e2 visa without an arc?
While not a problem for me I have a friend who is probably going to have to do a visa run shortly and doesn't have an arc. Now to clarify a bit. She hasn't been here 90 days yet so isn't required to have an arc just yet. She left her Hagwon cause the boss was a ****. He hasn't been into immigration to say she has left her job yet. Unless I'm mistake you get 14 days from the time your boss advises immigration to leave the country. Is this right? She can't get a arc cause she needs some form from him to do so. She stopped working for him about a month ago.
So a couple of things I'm wondering.. First, for leverage. I heard her boss gets a huge fine for not advising immigration of her leaving within a certain time period? is this true? if so how long is it? She has a letter of release signed and dated from him for when she left so she can prove this. She may be able to use this to get him to co-operate.
Now for the most important part.. I heard you are supposed to surrender your arc when you go through immigration on departure. Is this correct? If so, is she exempt due to not having been here 90 days? what happens if you've "lost" your arc?
Sorry if this has been covered before. There seems to be several posts related to this but nothing quite so specific.
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Omni
Joined: 17 Jul 2007
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| Posted: Sun Nov 11, 2007 9:53 pm Post subject: |
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Ok.. so either no-one knows or no-ones feeling very helpful..
For anyone else who may end up in this situation. The following link may help
http://www.korea.net/search/contents/tar_imm_civil_Alien.htm
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| Any foreign national staying in Korea for 91 days or more must register as a resident alien. This includes periods of more than 90 days after losing Republic of Korea citizenship, acquiring foreign citizenship, or the birth of a foreign citizen. When you register as an alien, you are issued an Alien Registration Card. Your Alien Registration Card is needed in a variety of circumstances, and you are legally obliged to have it on your person. |
So I guess if you leave before 91 days then you don't need to submit your card upon departure... At a guess though it means your old boss is going to say you did a runner.. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Nov 11, 2007 11:04 pm Post subject: |
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If she is on an E2, she is owned by her boss. It doesn't matter if she has an ARC or not.
If she stays beyond the 14 days from her last date recorded on the LOR she will be noted to have been in an over-stay position (whether her boss reports her or not) if she tries to use it.
If she has been here less than 90 days and is not registered yet, she does not have to worry about the ARC. It is a non issue and passport control at the airport will assume she is NOT returning (because leaving without a re-entry permit will void her status of sojourn). |
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Roch
Joined: 24 Apr 2003
Location: Seoul
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| Posted: Sun Nov 11, 2007 11:22 pm Post subject: |
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| ttompatz wrote: |
If she is on an E2, she is owned by her boss. It doesn't matter if she has an ARC or not.
If she stays beyond the 14 days from her last date recorded on the LOR she will be noted to have been in an over-stay position (whether her boss reports her or not) if she tries to use it.
If she has been here less than 90 days and is not registered yet, she does not have to worry about the ARC. It is a non issue and passport control at the airport will assume she is NOT returning (because leaving without a re-entry permit will void her status of sojourn). |
What would happen to somebody who was not taken to immigration by the school, resigned before the 90th day after receiving the visa, received a Letter of Release from the school, and then finally went into immigration about not applying for the A.R.C. about three months later? Do you think that this means that the individual is barred from working in Korea and what would the fine amount to in this sort of case?
My friend received an Exit Order from Mokdong but the officer told her that she'd just have to go to Japan and pay a fine at the airport. But, she's supposedly able to return and apply for a new job.
Does this sound right to you? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Nov 12, 2007 1:50 am Post subject: |
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| Roch wrote: |
| ttompatz wrote: |
If she is on an E2, she is owned by her boss. It doesn't matter if she has an ARC or not.
If she stays beyond the 14 days from her last date recorded on the LOR she will be noted to have been in an over-stay position (whether her boss reports her or not) if she tries to use it.
If she has been here less than 90 days and is not registered yet, she does not have to worry about the ARC. It is a non issue and passport control at the airport will assume she is NOT returning (because leaving without a re-entry permit will void her status of sojourn). |
What would happen to somebody who was not taken to immigration by the school, resigned before the 90th day after receiving the visa, received a Letter of Release from the school, and then finally went into immigration about not applying for the A.R.C. about three months later? Do you think that this means that the individual is barred from working in Korea and what would the fine amount to in this sort of case?
My friend received an Exit Order from Mokdong but the officer told her that she'd just have to go to Japan and pay a fine at the airport. But, she's supposedly able to return and apply for a new job.
Does this sound right to you? |
100k won for the overstay (assuming less than 1 calendar month AND she leaves voluntarily - not caught in an immigration roundup). Fines escalate from there rather quickly.
Does it sound right - maybe.
In your senario (as described):
Can she pay the fine(s), leave and re-enter = probably yes.
Can she get a new visa = probably (since she has the LOR).
Will she have a black mark in her immigration file = yes. |
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