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mack4289

Joined: 06 Dec 2006
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Posted: Sat Apr 05, 2008 10:51 pm Post subject: asking immigration if your visa's been cancelled |
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So if you guys read my thread asking whether I should run from my current job, you know things aren't going so well for me employment-wise. I have a question: if I stop coming to work and he cancels my visa, how will I know if he's cancelled my visa? Will I know? Can I call immigration to ask?
If my visa's been cancelled and I do find that out, I have ten days to leave the country? Can I leave and come back? |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Sat Apr 05, 2008 10:59 pm Post subject: |
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For it to be cancelled officially I believe they need to stamp your visa 'cancelled'. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Apr 06, 2008 12:18 am Post subject: Re: asking immigration if your visa's been cancelled |
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mack4289 wrote: |
So if you guys read my thread asking whether I should run from my current job, you know things aren't going so well for me employment-wise. I have a question: if I stop coming to work and he cancels my visa, how will I know if he's cancelled my visa? Will I know? Can I call immigration to ask?
If my visa's been cancelled and I do find that out, I have ten days to leave the country? Can I leave and come back? |
You have 10 days from the time he reports that you quit working until you are officially in an overstay position and subject to the black mark and fine.
Just leave, turn in your ARC on the way out and get a tourist stamp on the way back. Problems are all solved. You can leave and return without problem. |
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Yaya

Joined: 25 Feb 2003 Location: Seoul
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Posted: Sun Apr 06, 2008 12:21 am Post subject: |
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I believe your boss has to give you a letter of release one month after you apply for it with immigration according to Korean law. If you choose to stay in Korea, don't get in trouble with immigration. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Sun Apr 06, 2008 12:37 am Post subject: |
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Immigration has told me that the 10 days was changed a few months ago to 30 days... |
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Zaria32
Joined: 04 Dec 2007
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Posted: Sun Apr 06, 2008 12:39 am Post subject: |
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Yay, where do you get the information that a boss "has to" give a Letter of Release? Everything that I've read is that a Letter of Release is 100% up to the discretion of your boss, and that NO ONE can force its issuance. |
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Yaya

Joined: 25 Feb 2003 Location: Seoul
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Posted: Sun Apr 06, 2008 12:42 am Post subject: |
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Zaria32 wrote: |
Yay, where do you get the information that a boss "has to" give a Letter of Release? Everything that I've read is that a Letter of Release is 100% up to the discretion of your boss, and that NO ONE can force its issuance. |
I got this from a thread a few years back. The poster said a hakwon is required to give you a letter of release one month after a teacher applies for it. I'm not sure if that law has been revised or abolished, so don't quote me on it. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Sun Apr 06, 2008 12:45 am Post subject: |
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I don't think it's true...I can't say whether it was ever true, but certainly not now. |
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PeterDragon
Joined: 15 Feb 2007
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Posted: Sun Apr 06, 2008 1:03 am Post subject: |
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Zaria32 wrote: |
Yay, where do you get the information that a boss "has to" give a Letter of Release? Everything that I've read is that a Letter of Release is 100% up to the discretion of your boss, and that NO ONE can force its issuance. |
Immigration can choose to give you a "proxy" letter of release if you explain the situation to them and they're sympathetic. If your boss hasn't accused you of a crime, and is whinging over the less tangible aspects of the contract such as "failure to follow additional instructions", you've got a good shot. You've got an even better shot if you get a recruiter to go to bat for you and talk to immi on your behalf. A lot of them are willing to do that, as they have a cash incentive to successfully get you to another job. PM me and I can get you in contact with the recruiter who got me from the Hagwon system to the public school system when my boss tried to withhold letter of release. Or just go to his website here: http://opportunitykorea.com/ . Pretty much every recruiter with that company is a safe bet, as recruiters go at least. |
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bejarano-korea

Joined: 13 Dec 2006
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Posted: Sun Apr 06, 2008 1:11 am Post subject: |
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PeterDragon wrote: |
Zaria32 wrote: |
Yay, where do you get the information that a boss "has to" give a Letter of Release? Everything that I've read is that a Letter of Release is 100% up to the discretion of your boss, and that NO ONE can force its issuance. |
Immigration can choose to give you a "proxy" letter of release if you explain the situation to them and they're sympathetic. If your boss hasn't accused you of a crime, and is whinging over the less tangible aspects of the contract such as "failure to follow additional instructions", you've got a good shot. You've got an even better shot if you get a recruiter to go to bat for you and talk to immi on your behalf. A lot of them are willing to do that, as they have a cash incentive to successfully get you to another job. PM me and I can get you in contact with the recruiter who got me from the Hagwon system to the public school system when my boss tried to withhold letter of release. Or just go to his website here: http://opportunitykorea.com/ . Pretty much every recruiter with that company is a safe bet, as recruiters go at least. |
I left my hagwon in March and am coming back to Korea in May with a PS job with worknplay. I think if you have a recruiter who has some sway with the local immigration you can get around the LOR. |
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husky
Joined: 22 Mar 2008
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Posted: Sun Apr 06, 2008 3:03 am Post subject: |
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I had a similar problem with a hagwon about a year ago. THis is what I did....
I walked out of my hagwon about 30 minutes before the first class on the Wed afternoon (long story but the school was a hell hole with a director who was swindling my money, and co-teachers and students were abusive).
I went straight home to clear my apartment and the 'heavies' rocked up to 'help'. I went to my friends house to stay the night and dump all non-essentials. Next day I rocked up at the ferry terminal in Busan. Booked a ticket to Fukuoka in Japan, went through immi and cancelled my visa and handed in my arc. Was on the ferry at 8am. Got to FUkuoka at 11am. Went through immi and customs. THen I went to the ticket desk and I was back on the ferry to KOrea at 11.30 (I did a lot of running). Was back in Korea with a tourist visa and in time for a late lunch.
Started a new job the next week.
The school is legally required to give you a LOR, HOWEVER, you can't really make them give you that? SO your only option is to leave Korea to cancel the visa and come back and in doing so breaking any attachment you have with that school.
After 2 months the school still owed me 3 million won. So I went to the labor board and filled in the form telling them dates and how much I was owed. THe next day the director called me at home and asked 'How much do you want'? I rocked up that night to the school and she said she would give me 500,000 that night and the rest next month....only if I canceled the labor board request. I said I would think about it over night. After talking to friends they advised me that I would get screwed big time. So I told her it was no deal and to give me the money I was rightfully owed. After pulling the emotional blackmail cards I stood strong and the threat of the labor board was too much. Hagwon owners are SCARED of those guys. So if there are any problems with money I would go straight there without a second thought.
I'm not sure how the new visa regulations would affect you ie getting a new visa, but if your leaving your school anyway you will have to go through the same process if you get a LOR or not (you still need a new visa).
If the hagwon is messing with you then, from experience I can tell you it will only go downhill. So my advise to you is be pro-active and grab the bull by the horns and get stuff sorted. Waiting to find out if your boss canceled your visa and getting stressed about moves HE will or won't make aren't worth it.
You're on a sinking ship, so jump before you drown. |
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Michelle

Joined: 18 May 2003
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Posted: Sun Apr 06, 2008 10:00 pm Post subject: Think again.. |
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Yu_Bum_suk wrote: |
For it to be cancelled officially I believe they need to stamp your visa 'cancelled'. |
Hi,
I had a hagwon director tell me they cancelled my visa in person, I didn't believe them because the passport wasn't stamped and it turned out they really had, just by talking to them!
When I neglected to leave the country I was told I was in 'big trouble'.
I was a bit disgusted. |
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mack4289

Joined: 06 Dec 2006
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Posted: Mon Apr 07, 2008 4:29 am Post subject: |
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Both the people I spoke to over the phone at immigration, as well as the immigration person I spoke to at the office, told me the visa could only be cancelled if both the boss and I agreed to it. They all said that if my boss and I did that, then I would get 30 days.
The phone people both claimed the boss could file a "desertion" claim and that could get me in some trouble (neither of them could say what kind of trouble, or how many days I would have to leave in case the boss did do that). The guy at the office said the boss couldn't do that and that the only way I'd have to leave the country is if both the boss and I came in and said I was quitting.
I only asked one of the phone people if I could find out somehow if the boss had told immigration that I quit. He said there was no way for me to get that information except by asking the boss.
So if you're running from your job but want to stay here for a few weeks, I'd say you're not taking that much of a risk by sticking around for a little while. To be completely safe though, leave the country and come back. |
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husky
Joined: 22 Mar 2008
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Posted: Mon Apr 07, 2008 3:58 pm Post subject: |
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If you just want to hang around for a few days then thats fair enough, but if you want to find a new job ASAP then you would have to leave the country. Once you do that you are free to find another job and start the visa process again. |
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