Korean Job Discussion Forums

[Jim Romaine]

I have a pretty big problem. My fiancee and I are living in Korea apart from one another and she is wanting to move to my place in a month. She has not went to get her visa in Japan and has been working for a month and a half. She has told the employer she is leaving in December and they are now trying to force her to get her visa but she doesn't want to get stuck working for them. She has signed a contract but has given them their notice. They have a photocopy of her degree as well. They said she will be fined and not allowed to come back to the country if she leaves and that they have her information at immigration. They are threatening her.
What should we do? Is that true what they are saying? Should she just leave without giving notice?
I have no idea.
What options does she have?
Please reply when you get a chance. I would really appreciate it.
I would also like to join your website forums.
Thank You very much and I look forward to your reply. I really need your help!!
Thanks,
Jim

Quote:

[mishlert]

Simple, immigration has her information because they approved her visa and issued her a "blue" form; given to a Korean embassy who then stamps the passport.
Now, her boss had to submit the forms to get the "blue" form, and until immigration approves, or denies the request she is legal.
Now that she has the form and must go to Japan, but she has changed her mind. So, she should go to immigration with all her official documents, passport, etc, and tell them she no longer wants to work there. If they ask her why, she should tell the truth. Also, she should tell them that her boss has been using them to scare her into staying with the school, and then ask if he has called them about her.
All this can be done through a middle-man(EFL Law); I forgot the web sight, but I'm sure a poster has it.
I hope this helps

[gajackson1]

Jim there have been some changes in the laws of recent, but the most important thing to know is this: different officials will say and do different things.

Since we are talking about your fiance here, I agree with mishlert - go over to www.efl-law.com and see what they think.

Regards,

Glen

[waterbaby]

Hi Jim...

I think a lot depends on whether or not her employee is lying. Have they really given Immigration a copy of her contract etc to process her visa? If they haven't, she's probably in the clear.

The bad news is that if the process for her E2 visa has gone through Immigration, your fiance's employers are in a position to make things difficult for her. She may need a letter of release from her employer before taking on another (legal) job.

I agree with Mishlert. Get down to immigration (and preferably with a Korean person) to find out what her status REALLY is. Send an email to EFL-Law. They're great.

I understand why her employer is pissed - she's breaking her contract with them and from you've written, it's only because she's decided she wants to be closer to you. Have they withheld wages? Done anything mean to her that would gain sympathy from Immigration? (BTW - she's been working illegally for 6 weeks & best not to actually mention that to Immigration!) I don't think Immigration will look too favourably on "I want to be closer to my fiance" as a valid option

[Basil Brush]

Your fiancee's employers are employing her illegally. If immigration find out about this illegal work then the employers, and your fiancee, will be punished. Immigration give an unoffical period of grace, but they will see six weeks as too long. So your fiancee's employers are bluffing. They will not harm themselves.

If nothing is owed and the required notice is given, the employers have no one to blame for their mismanagement, except themselves. And if your fiancee hasn't gone to Japan yet, then she hasn't got a E2 visa. If she hasn't got a E2 visa, then she doesn't need a letter of release.
____________________________________________________________

Please look through this situation,
Esp. Humanuspneumos' post Mon Jun 09, 2003 7:52 pm.

And this situation too.
Esp. Batman's post Tue Jan 28, 2003 11:22 pm.

[simon77047]

http://www.hayeslaw.org/

[Jim Romaine]

Thanks for your help everyone. I appreciate it a lot.