Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Getting "flagged" with immigration by a former emp

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
travelingfool



Joined: 10 Mar 2008
Location: Parents' basement

PostPosted: Fri Aug 01, 2008 9:38 am    Post subject: Getting "flagged" with immigration by a former emp Reply with quote

I have scoured this site as well as countless others but still haven't come up with any definitive answers. Perhaps there are none.

If you have a falling out with an employer and decide to quit without the amount of notice specified in the contract, can an employer simply call immigration to have you flagged and prevent you from returning for a number of years? Some people say that they can indeed do this with a simple phone call while others say such complaints against a FT require the services of an attorney and that it's not so simple. Given the high turnover of FTs and the pervasive corruption in this industry, I can't imagine immigration taking a school owner's word at face value with nothing to substantiate their claim. Does a simple call to immigration by an employer stating that you left early automatically get you a "flagging"?

How often do people who have left early encounter problems getting another visa? In particular, after the original visa has expired after a year? Any personal experiences? I'd be interested in hearing from people with firsthand experience or someone with concrete knowledge of the law, and not just speculation.

P.S., Assume that the former employer didn't level any criminal or civil charges against the employee, only reported them as leaving early.
Back to top
View user's profile Send private message
soviet_man



Joined: 23 Apr 2005
Location: Seoul

PostPosted: Fri Aug 01, 2008 10:43 am    Post subject: Reply with quote

To be honest, in the situation where you are contemplating getting more than one work visa issued within a (near) 12 month period, I would be inclined to get a new blank *passport* issued instead.

It will certainly have a different number and is less likely to be associated with previous problems. It is not a failsafe measure at all, but to my mind there is an obvious benefit in not giving an embassy or immigration officer a blatant reason to be obstructive. They can hardly turn a blind eye to something staring them in the face. There is nothing illegal about doing this.

But if the old visa has expired, it is highly unlikely that there would be a problem in any event, as the contractual obligation to the previous employer has expired.

However I have been pulled-over into the little questioning room at the side of the immi checkpoint upon entering Incheon airport several times, when I had a situation a few years ago with more than one visa issued within a 12 month period (after a runner). After a nerve wracking hour it was sorted out and I was free to go.
Back to top
View user's profile Send private message Send e-mail
Zaria32



Joined: 04 Dec 2007

PostPosted: Fri Aug 01, 2008 11:41 am    Post subject: Reply with quote

The consensus seems to be that the employer must allege that you left owing them money. And if they do so allege, it would only cause a problem in the immigration area where you worked, not throughout Korea.

Not uncommonly, disgruntled former employers file complaints with the local hogwon association...which may or may not stop you from getting a job in the same area where that hogwon association is active.

When I left Korea, I asked that my visa be cancelled (I'm done, can you cancel my visa please? The guy said yes, and cancelled it.) I was issued a new visa number about 5 days later with no problem. The term of my old visa had not expired at the time the new visa was issued.
Back to top
View user's profile Send private message
travelingfool



Joined: 10 Mar 2008
Location: Parents' basement

PostPosted: Fri Aug 01, 2008 12:09 pm    Post subject: Reply with quote

I should also add that my original (and only) visa was issued 16 months ago and I do in fact have a new, blank passport with a different number.

Out of fear of being stopped at the airport, taken downstairs and being tortured, I didn't turn in my ARC. Actually I just forgot to.
Back to top
View user's profile Send private message
Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Fri Aug 01, 2008 2:44 pm    Post subject: Reply with quote

I don't think anyone knows how it happens or even how often it happens. But it does happen.

Here's a link to a post I made a couple of years ago reporting what happened to me when I pulled a runner.

http://forums.eslcafe.com/korea/viewtopic.php?t=67037&highlight=midnight
Back to top
View user's profile Send private message
wylies99



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

PostPosted: Fri Aug 01, 2008 3:12 pm    Post subject: Reply with quote

You'll be fine, unless you are convicted of a crime.

If you get to Immigration, first, and explain what happened, you can prevent this from happening, OP.
Back to top
View user's profile Send private message
Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Aug 01, 2008 3:57 pm    Post subject: Reply with quote

Zaria32 wrote:
The consensus seems to be that the employer must allege that you left owing them money. And if they do so allege, it would only cause a problem in the immigration area where you worked, not throughout Korea.

If it's a money issue (owing for bills, damage to the apartment), then they have to go the court route, get a ruling against you, then file with Immigration to flag your account as a financial deadbeat. Next time you come through, Immi will most likely hold you to ask you what's what.

If it's simply a matter of pulling a runner, the school can just go to Immigration and say you pulled a runner. You won't get blacklisted, but the note in your file will need to be addressed the next time you apply for a visa ("Why did you run from your last school"?)

Some schools lie about the latter situation, which is why you should always deal with Immigration yourself--getting exit orders and cancelling the visa, etc--before you leave. Give them copies of your resignation letter ot the termination letter they gave you as well. Difficult to claim you did a runner when there is written proof you did not.

Schools lie about the former situation, too, but Immigration doesn't care unless the courts agree that money is owed and the debtor has fled.
Back to top
View user's profile Send private message
bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Fri Aug 01, 2008 4:01 pm    Post subject: Reply with quote

soviet_man wrote:
To be honest, in the situation where you are contemplating getting more than one work visa issued within a (near) 12 month period, I would be inclined to get a new blank *passport* issued instead.

It will certainly have a different number and is less likely to be associated with previous problems.



FYI... this is not a solution, as I have experienced this. I applied for my visa in the USA 4 years ago on one passport, and it was lost in the mail. I had to get a new one rushed (cost me a pretty penny) to return to Korea a few weeks later. When I arrived at the airport, immigration sent me to the little room after seeing my name on a new passport number. Apparently, my old passport had finally made it to the Chicago Korean consulate, and they had approved my new E-2. Incheon airport immigration had all of this on record, and told me -- showed me in fact. They had my photo in their computer, too.

In short -- if you come in on a new passport, they will know it (at least if the name is exactly the same).
Back to top
View user's profile Send private message Visit poster's website
Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Fri Aug 01, 2008 4:48 pm    Post subject: Reply with quote

As I understand it....
Hagwan owners can call immigration and make a complaint about you.
This will incur a red flag on your file.
Prospective employers can be told about this and it will be up to them to employ you or not.
Hagwan owners can also make a serious complaint about you regarding owed money, violence or at worst, child abuse. Any of these will probably see you not getting issued a new visa.

We are just lucky in Korea that Hagwan owners are not childishly vindictive when they don't get their own way.
We are also lucky that a Korean official will always take the side of the foreigner over another Korean, regardless of how ridiculous the accusation is.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Fri Aug 01, 2008 4:50 pm    Post subject: Reply with quote

Aussiekimchi wrote:


We are just lucky in Korea that Hagwan owners are not childishly vindictive when they don't get their own way.
We are also lucky that a Korean official will always take the side of the foreigner over another Korean, regardless of how ridiculous the accusation is.



You're teasing here, I assume...
Back to top
View user's profile Send private message Visit poster's website
Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Fri Aug 01, 2008 5:02 pm    Post subject: Reply with quote

you think?
Back to top
View user's profile Send private message Send e-mail Visit poster's website
citizen erased



Joined: 06 Apr 2008

PostPosted: Sat Aug 02, 2008 12:38 am    Post subject: Reply with quote

hysterical.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International