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travelingfool
Joined: 10 Mar 2008 Location: Parents' basement
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Posted: Fri Aug 01, 2008 9:38 am Post subject: Getting "flagged" with immigration by a former emp |
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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. |
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soviet_man

Joined: 23 Apr 2005 Location: Seoul
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Posted: Fri Aug 01, 2008 10:43 am Post subject: |
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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. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Fri Aug 01, 2008 11:41 am Post subject: |
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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. |
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travelingfool
Joined: 10 Mar 2008 Location: Parents' basement
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Posted: Fri Aug 01, 2008 12:09 pm Post subject: |
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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. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Fri Aug 01, 2008 3:12 pm Post subject: |
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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. |
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Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
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Posted: Fri Aug 01, 2008 3:57 pm Post subject: |
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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.
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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. |
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bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
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Posted: Fri Aug 01, 2008 4:01 pm Post subject: |
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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). |
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Aussiekimchi
Joined: 21 Apr 2006 Location: SYDNEY
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Posted: Fri Aug 01, 2008 4:48 pm Post subject: |
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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. |
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bassexpander
Joined: 13 Sep 2007 Location: Someplace you'd rather be.
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Posted: Fri Aug 01, 2008 4:50 pm Post subject: |
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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... |
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Aussiekimchi
Joined: 21 Apr 2006 Location: SYDNEY
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Posted: Fri Aug 01, 2008 5:02 pm Post subject: |
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you think? |
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citizen erased

Joined: 06 Apr 2008
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Posted: Sat Aug 02, 2008 12:38 am Post subject: |
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hysterical. |
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