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I was fired, but my ARC was not cancelled

 
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Tue Jun 03, 2008 9:40 am    Post subject: I was fired, but my ARC was not cancelled Reply with quote

I was fired May 13th, but my ARC was not cancelled. Immigration told me over the phone that the expiry date remains at March 2nd, 2009. I know I have to go in to their office. My last employer told me that they cancelled it. Could they have cancelled it, but without me going in the expiry date stays the same?

I'll be going in, but alone. I'll have immigration call my ex-employer from there. It seems they might have lied to me telling me they cancelled. I can't get a new visa until it's cancelled. Then I can be sent to Japan after immigration process my documents and issue me a number.
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Nowhere Man



Joined: 08 Feb 2004

PostPosted: Tue Jun 03, 2008 10:36 am    Post subject: ... Reply with quote

I'm only hazarding a guess here, but this is what I believe:

I think you have something like a one-week grace period to leave the country when your ARC expires, and you face a fine for every day you stay longer.

I believe that if you cease to work for the outfit that got you the ARC, then it's canceled by default and, if you were to stay for many months and got caught, you'd be facing a huge fine.

That said, it sounds like you have things under control.

And the above is not much more than speculation, but I think that's what i heard a long time ago. Confused
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ChinaBoy



Joined: 17 Feb 2007

PostPosted: Tue Jun 03, 2008 1:30 pm    Post subject: Reply with quote

IMO, you can stay until March 2, 2009. When they REALLY cancel the ARC, you'd get a 30-day "Exit Order" telling you to get out. Why do you have to go to the immigration office? Seems like your last employer should be the one to do that if they really want to cancel it. They're the ones who speak Korean.

I got an "Exit Order" last summer for the very same thing.

Of course, the other post might be right as well, but I truly believe that the government would have to tell you that the ARC is cancelled and that you have to leave before they could give you some fine. Well, you'd think, anyway.
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Tue Jun 03, 2008 4:37 pm    Post subject: Reply with quote

have you left the country since you were fired? i've heard that some people on dave's were able to cancel their visas themselves at immi in the airport.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Jun 03, 2008 4:50 pm    Post subject: Re: ... Reply with quote

Nowhere Man wrote:
I'm only hazarding a guess here, but this is what I believe:

I think you have something like a one-week grace period to leave the country when your ARC expires, and you face a fine for every day you stay longer.

I believe that if you cease to work for the outfit that got you the ARC, then it's canceled by default and, if you were to stay for many months and got caught, you'd be facing a huge fine.

That said, it sounds like you have things under control.

And the above is not much more than speculation, but I think that's what i heard a long time ago. Confused



That may have been true at one point (the grace period) but now no longer. You MUST leave when the ARC expires.

Ying do you have a LOR? Without that you might not be able to get a new visa until this one expires even if it's canceled. Remember Immigration is getting tougher and there are new visa regulations in place.

Anyway good luck, man!
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bodybydada



Joined: 07 Sep 2006
Location: Jinju

PostPosted: Tue Jun 03, 2008 5:02 pm    Post subject: Reply with quote

I dealt with this situation once. it was last year, so I'm not sure if the process has changed, but...

You should get your visa cancelled and turn in your ARC. ESPECIALLY if you want to get a new job. otherwise, you won't be able to get a new visa until next year.

You should go to immigration with your former employer. People will tell you, "I have a friend who didn't have to go," or "my boss did it without me present," but this is called unsubstantiated anecdotal information. If you want to get it done, go with your ex-boss to immigration. They will give you a 30-day notice to leave the country. You can then turn in your ARC on the spot or when you leave the country. (They might ask for it there...)

One of the posters above mentions leaving the country in order to cancel your visa. Doing so will VOID your visa, but you will be unable to procure a new one until after the old visa end date. Therefore, it is better to formally cancel the visa, as mentioned above. If you don't want to stay in Korea, by all means, leave the country and void your visa...

Also, write a release letter and have your former employer sign and seal it. A letter of release may come in handy later. Immigration may not need it, since they know you canceled your visa, but a propsective employer might want it. Better safe than sorry.

There are examples of this type of letter available here, just do a little research.
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Zaria32



Joined: 04 Dec 2007

PostPosted: Tue Jun 03, 2008 8:15 pm    Post subject: Reply with quote

Where's ttompatz? I may be wrong (it's happened!) but it seems to me that the expiration of your VISA is what allows you to stay in the country,
not your ARC.
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Styles



Joined: 16 Oct 2004

PostPosted: Wed Jun 04, 2008 5:59 am    Post subject: Reply with quote

Gosh, I guess we have some inexperienced posters here...

This is what the employer does to keep u from working in the country and bad mouthing them soon after leaving...PERIOD.

I wouldnt expect them to send a letter of release.IF they do, it would be remarkable.Kiss their butt like the ESL rat that you are and maybe theyll be less vindictive.But again youre asking them to do something for you, which they probably didnt do while you were working for them, and it is even less likely after firing you.

Stay positive Laughing
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 04, 2008 6:07 am    Post subject: Reply with quote

Zaria32 wrote:
Where's ttompatz? I may be wrong (it's happened!) but it seems to me that the expiration of your VISA is what allows you to stay in the country,
not your ARC.


Nope...

The visa deals with your entry, possibly your re-entry (if you are American) and status of sojourn but your period of sojourn is governed by your ARC.

The expiry date on the ARC is the FINAL day allowed in Korea without an extension.

The OP is NOT in that situation (he was terminated early) and he may very well run into troubles of another sort because he is loath to actually go to immigration and take care of the matter. Instead he prefers to base his decisions and peace of mind on hearsay and conjecture here on the forum. I wish him well. He may need it.

.
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blade



Joined: 30 Jun 2007

PostPosted: Wed Jun 04, 2008 6:37 am    Post subject: Re: I was fired, but my ARC was not cancelled Reply with quote

yingwenlaoshi wrote:
I was fired May 13th, but my ARC was not cancelled. Immigration told me over the phone that the expiry date remains at March 2nd, 2009. I know I have to go in to their office. My last employer told me that they cancelled it. Could they have cancelled it, but without me going in the expiry date stays the same?

I'll be going in, but alone. I'll have immigration call my ex-employer from there. It seems they might have lied to me telling me they cancelled. I can't get a new visa until it's cancelled. Then I can be sent to Japan after immigration process my documents and issue me a number.

Just go in immigration and tell them you've been fired, immigration will phone your old boss and tell him/her to come visit immigration and cancel the visa. You are best to get to immigration before your boss does or might find yourself in some trouble. Also until your boss actually cancels the visa he/she is still technically responsible for you while you are in Korea.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Wed Jun 04, 2008 6:21 pm    Post subject: Reply with quote

ttompatz wrote:
Zaria32 wrote:
Where's ttompatz? I may be wrong (it's happened!) but it seems to me that the expiration of your VISA is what allows you to stay in the country,
not your ARC.


Nope...

The visa deals with your entry, possibly your re-entry (if you are American) and status of sojourn but your period of sojourn is governed by your ARC.

The expiry date on the ARC is the FINAL day allowed in Korea without an extension.

The OP is NOT in that situation (he was terminated early) and he may very well run into troubles of another sort because he is loath to actually go to immigration and take care of the matter. Instead he prefers to base his decisions and peace of mind on hearsay and conjecture here on the forum. I wish him well. He may need it.

.


Let's see what happens when I go in today...

My sponsor has been quite vague about what it is I have to do.
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Styles



Joined: 16 Oct 2004

PostPosted: Wed Jun 04, 2008 7:15 pm    Post subject: Reply with quote

Good luck..and unless theyve had a lot of teachers before, your new visa sponsor probably doesnt know either...thus they are "vague."But if they are willing to help you out and know that you were fired, they might be able to contact your previous employeer to get the release that you wouldnt have been able to get on your own.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Thu Jun 05, 2008 6:56 am    Post subject: Reply with quote

ttompatz wrote:
Zaria32 wrote:
Where's ttompatz? I may be wrong (it's happened!) but it seems to me that the expiration of your VISA is what allows you to stay in the country,
not your ARC.


Nope...

The visa deals with your entry, possibly your re-entry (if you are American) and status of sojourn but your period of sojourn is governed by your ARC.

The expiry date on the ARC is the FINAL day allowed in Korea without an extension.

The OP is NOT in that situation (he was terminated early) and he may very well run into troubles of another sort because he is loath to actually go to immigration and take care of the matter. Instead he prefers to base his decisions and peace of mind on hearsay and conjecture here on the forum. I wish him well. He may need it.

.


I went to immigration today (Anguk Station) at ten to six. They actually had a note over the ticket machine saying that they weren't providing any more tickets and to come back another day. I kind of waited around and slid in with a question after they had dealt with the last people. One guy was actually refused to apply for whatever he was applying for since it was past 6. Anyway, I mentioned that I need to have my alien card cancelled and got in there. Was given an exit order of June 14th. I said to the woman (who was actually kind of cute), "My birthday!" and she laughed. Yes, the exit by date is my birthday. Pretty funny. The lady who I dealt with at first, after I inquired, that I wouldn't have to go to Japan or wherever twice. I can wait for my visa issuance number while I'm in another country. My ciminal report is being sent from Montreal today. Waiting on that. I'm going to go in with my boss-to-be and/or the recruiter on Monday and see if they'll go ahead with processing my visa with a scanned copy, just for proof that the hard copy is on it's way, of my criminal report. Will also try later, if need be, to swear an affidavit at my embassy with this scanned copy. I'll get the recruiter to call ahead on Monday to make sure everything's ok with being released from my other job. She mentioned something about a letter, but I might not need one. I think it's all cancelled. They took my alien card and just gave me an exit order paper. They have a copy and I have one. I'm going to also get my recuiter, or boss, to ask about the scanned criminal report deal. We'll see if that flies.

I had absolutely no problem cancelling my alien card. The trick is to go in at the 11th hour. Wink
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Thu Jun 05, 2008 2:28 pm    Post subject: Reply with quote

nomad-ish wrote:
have you left the country since you were fired? i've heard that some people on dave's were able to cancel their visas themselves at immi in the airport.


That doesn't work for everyone. It's better to go to an Immigration office to handle things like that.
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big_fella1



Joined: 08 Dec 2005

PostPosted: Thu Jun 05, 2008 8:35 pm    Post subject: Reply with quote

If your boss is reluctant to cancel your visa you may want to remind them of the reference they signed when they employed you.

Quote:

This is to certify that I, the undersigned, hereby guarantee as a ponsor that:
Ⅰ. The following person shall observe all the pertinent laws and regulations of the Republic
of korea while he is in Korea.
Ⅱ. I will assume, with out reservation , whole responsibility for:
a. F ull maintenance and logistic support including defrayment of all living expenses
incurred by him during his stay in Korea .
b . Transportation fees upon departure from Korea.
c. Payment of all charges including fines and compensation for damages incurred by his
violation or illegal acts of the Immigraton Law.


Source [http://www.immigration.go.kr/HP/COM/bbs_03/ListShowData.do]

The way I read this is even if they fire you on day 1 they have to pay your way home, and thats without even threatening to get a lot of fines Smile
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