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This is Just all Kinds of Screwed Up. Please help!
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Murph



Joined: 31 Dec 2006

PostPosted: Fri Sep 17, 2010 7:44 am    Post subject: This is Just all Kinds of Screwed Up. Please help! Reply with quote

I don't even know where to start here, but I think some background is in order. I have been working at a kindergarten/elementary academy for six months. It's a christian academy and as such the owner of the school is not allowed to have an English teacher or E2 visa. This was not communicated to me even once until today (six months later.) The principal wanted to be able to provide English lessons to her students so she cooked up some half baked deal with one of her friends who owns a real esl franchise company. Lets call it School X. The plan was that the friend would hire me under her company, and then I would just work at the kindergarten. When I arrived in Korea I noticed that I wasn't working at school X. I asked them what was up, and they just told me not to worry about it. After further questioning a woman at the school told me that the principal and the owner of school X were friends and made this deal. She said it was alright because my kindergarten was in a business relationship with school X (subsidiary) so I was still within visa regulations.

Around the middle of July the principal came by with an immigration form. She said that the local franchise of school X (the place that was actually sponsoring my visa) had moved, and that we needed to update my ARC. This turned out to be a lie. Here is what really happened. School X was actually owned by another company, lets call is School A. School A was the school that was actually sponsoring my visa. So now I am up to three layers of companies between me and my visa. School A had actually gone out of business, or shut down, and not told anyone. My principal knew that this was the case, but only told me that I needed to change the address on my ARC.

The other night I was sitting at home, and I received a phone call. It was someone from one of the franchiches of school X. The guy on the phone told me that I no longer had a visa. I was shocked, and went to my school to find out what was happening. At that point the principal admitted to knowing everything. Her solution was that immigration doesn't know about school A being closed yet, so it's okay! That's it! That was the solution!! Later she claimed that we could just transfer the visa to another company, but not her's since she isn't actually allowed to have an English teacher!! Tonight I was told that immigration knows about everything, but for some unknown reason the officials from immigration are willing to give me a chance. My principal does have friends in high places. Perhaps a favor was called in. I don't know. Apparently all I have to do is have my degree authorized from within Canada, and immigration will allow me to transfer my visa to. umm perhaps school X. Every time I asked about this all I got were vague details, and a whole lot of "Don't worry!" "Just trust me!" or my favorite "You don't trust me?"

On top of this I have been here six months and I haven't paid a ship won in taxes. Every month I ask her to take my taxes out, and she never does. She always told me that she didn't know how, or couldn't figure it out, but today I learned that the head company, school A, wouldn't give her the tax papers. This was most likely because the owner was planning on going out of business.

I certainly agree that this is batsh*t crazy and I should just walk. I would however like to stay if I can and here is why. I only have six months on my contract. I have plans to go to school in the fall of next year. I need the next six months worth of savings in order to follow through on my plans. It takes months to get a new job in Korea now, so even if I got a new job it would begin when I had orginally planned to leave. Also I would have to leave the new job early to go to school anyway. In addition to that I have a girlfriend here, and I don't want to leave her just yet.

On the other hand I won't be saving much if immigration busts me, and I will be seeing my girlfriend a whole lot less if I get deported and banned from returning for two or five years.

I just feel like a sucker here. My boss and her friend from school X just used me like a pawn. That deserve a midnight run on it's own. My trust and confidence in her is all but gone. She has witheld very important information from me more than once. The funny thing is that she doesn't even see that she has done anything wrong. She keeps blaming others. She talks about getting me out of this as if she is going to save me. Meanwhile the entire time I am thinking, "You put me in this mess!"

I really feel that this is her fault. Irregardless of what others have done she should have told me from the beginning. When I was offered a contract she should have said, "Here is the contract, but before you sign it you should know something. You'll be sponsored through a parent company (school A), but we are going to officially say you work for school X, however you'll actually be working at my school which isn't allowed to have and English teacher."

Had I been give that information I would not have signed the contract. She allowed me to enter into this contract under the assumption that she was from school X, and that I would be working for and at school X, therefore in my view anything that happens after signing the contract is her fault.


So that's where I am at. I nearly quite tonight, but my girlfriend suggested trying to get more information first. I have a few questions.

1. The principal at the kindergarten where I work is not allowed an English teacher. She said it's okay because she has a business relationship with a proper esl school. Is this even possible? The two facts seem mutually exculsive to me. There are a few poster on here who really seem to know the laws so your help would be appreciated.

2. For reasons explained above if there is a way to fix this train wreck I would like to do so. My relationship with my boss if all kinds of screwed up, but I can deal with that as long as I am legal. Of course after looking at it from every angle if I see that there is no way that I can win I will quite, and go to immigration. Can anyone give me advice on a way that I can make this work?

3. Any idea what kind of trouble I could be in peronally. I was kept in the dark about all this b.s. Does that help me? I am sure that I'll have to pay taxes, and perhaps a fine. What about records though. My boss said she would pay any fines I get, but she can't erase a government record.

Any other advice would be appreciated. Thank you very much to those of you who stayed with this post to the end, and posted advice. Peace..
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kimchi_pizza



Joined: 24 Jul 2006
Location: "Get back on the bus! Here it comes!"

PostPosted: Fri Sep 17, 2010 8:41 am    Post subject: Re: This is Just all Kinds of Screwed Up. Please help! Reply with quote

Murph wrote:


1. The principal at the kindergarten where I work is not allowed an English teacher. She said it's okay because she has a business relationship with a proper esl school. Is this even possible? The two facts seem mutually exculsive to me. There are a few poster on here who really seem to know the laws so your help would be appreciated.[

2. For reasons explained above if there is a way to fix this train wreck I would like to do so. My relationship with my boss if all kinds of screwed up, but I can deal with that as long as I am legal. Of course after looking at it from every angle if I see that there is no way that I can win I will quite, and go to immigration. Can anyone give me advice on a way that I can make this work?

3. Any idea what kind of trouble I could be in peronally. I was kept in the dark about all this b.s. Does that help me? I am sure that I'll have to pay taxes, and perhaps a fine. What about records though. My boss said she would pay any fines I get, but she can't erase a government record.

Any other advice would be appreciated. Thank you very much to those of you who stayed with this post to the end, and posted advice. Peace..


1. No.

2. Leave. Not only leave the school, but leave the country NOW before Immi knows and burns you. Then start over again. But be more educated about the immigration/employment laws.

3. Personally, you may face a number of fines, regardless if it's your employer's fault. YOU need to be in the know.

Additional advice, and this isn't a hate-on against Christians in general or any religion, but avoid any religious oriented or affliated schools. Too much aggrivation and pressure. Hypocricy is alive and well here as well as in any country or faith. Look after your own and don't be naive.
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redaxe



Joined: 01 Dec 2008

PostPosted: Fri Sep 17, 2010 9:39 am    Post subject: Reply with quote

My advice would be to buy a plane ticket to your home country and look for a job there. That way you have a whole year to work and save money before you start school next fall.

If you can't find a job, then I don't know, move back in with your parents and collect unemployment?
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Wai Mian



Joined: 03 Sep 2010
Location: WE DIDNT

PostPosted: Fri Sep 17, 2010 11:49 am    Post subject: Reply with quote

Get new documents shipped over to you in Korea (trancripts, CBC, etc) then walk out of the country, give your ARC to Immi, and cancel your visa. Then come back in and get that 6month visa thing going and look for a new job. See Fukuoka! It's beautiful!
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Fri Sep 17, 2010 1:46 pm    Post subject: Reply with quote

Stop freaking out. Don't leave the country. Talk to immigration and get right with them ASAP. Despite what the racists on this board will tell you, they aren't out to get you. Do what they say.
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ThingsComeAround



Joined: 07 Nov 2008

PostPosted: Fri Sep 17, 2010 4:29 pm    Post subject: Reply with quote

Wow. And this is a "Christian" academy Laughing

Actually, I think you should wait until payday, but before then, get paperwork to file with the tax office, pension, and immigration (don't talk to them, just get papers). Go to the tax and pension people first on your "sick day" after payday. Then see immigration. Be prepared to spend a full day at immigration, explain in detail what you have been put through, and they may ask you to leave the country. Keep your cool when talking to immi. Smiles go miles here.

Later, buy your ticket and get ready to leave the country. Immigration doesn't like when their rules have been tinkered with, especially if you know about it now. I suggest you wait to talk to them after payday, because your boss isn't going to pay you once you are caught shafting her Idea
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Fri Sep 17, 2010 5:46 pm    Post subject: Reply with quote

Speak directly with immigration. Take addresses of all the 'academies' with you, and your contracts.

Most importantly, DON'T LET ON WITH THE BUSINESS OWNERS THAT YOU ARE DOING THIS.
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Died By Bear



Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee

PostPosted: Fri Sep 17, 2010 6:24 pm    Post subject: Reply with quote

I wouldn't worry about it too much. School X will pay off School A, then School K will pay off immigration. You'll be issued a new visa with a wave of the wrist with a white envelope in it. Guaranteed.As long as you're a good teacher and do exactly what they tell you to do... Razz
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Murph



Joined: 31 Dec 2006

PostPosted: Fri Sep 17, 2010 7:24 pm    Post subject: Reply with quote

Thanks for responses. Firstly I would respectfully like ask everyone to refrain from turning this into a religion thread. I mentioned the Christian academy part because I thought it might be relevant information in so far as the legal classification of my kindergarten is concerned. Beyond that I fear that Dave's will shut this thread down if it turns into a religion debate.

The responses I have received so far have come as no surprise to me. Almost everyone has said to get out, and I that's how I am feeling too. I would like to ask for more though.

As I mentioned in my op. I would like to stay IF I CAN. Therefore I am interested in the reasons you are telling me to leave. Are most of you saying get out on principle. I.e. the woman lied to you and as such you should leave, or are is there more? I would really appreciate some specific information in terms of the laws (if anyone is able to give it to me.) I am asking you folks before a lawyer since this is a much cheaper place to get some information to start with. I know that I will not be able to run with anything that I get on the internet, however if 90%+ of the responses point to a certain direction then I will know that I should start looking in that direction. I am also not going to immigration yet because crossing that line will be equivalent to crossing the point of no return. Once I go there I will have to see it through to the end no matter what happens.

Once again I am wondering if there would be any possible way that my kindergarten could have some sort of relationship with school X whereby I could work at the kindergarten even though school X owns my visa? Is there any way that this could work or is it just flat out impossible. My principal swears that it's okay. Is she going through some loophole that somehow works, or is this just a bold faced lie?

Please keep the posts coming, and I would kindly ask that whatever you post be supported with some sort of detail that I am can research and perhaps use.
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mellow-d



Joined: 07 Oct 2009

PostPosted: Fri Sep 17, 2010 7:28 pm    Post subject: Reply with quote

The only 6 month contracts I know about are at the English Villages (specifically Seoul English Village and Suwon English Village). I knew people from both schools that had signed 6-month contracts and were provided a one-way air ticket home. If I were you, I'd just try to get another job and enjoy the last 6 months I had left under less stress.
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ED209



Joined: 17 Oct 2006

PostPosted: Fri Sep 17, 2010 8:05 pm    Post subject: Reply with quote

You must find out you current visa status with immigration. If your sponsor is out of business you may be here illegally. Delaying this will only make it harder in the long run. Have a good sob story ready and be apologetic as immigration can be a bit arbitrary in following their own rules.

Also, I would not want to continue working for this boss who knows nothing about employing an E2 teacher, and from your description is not even legally entitled to(this isn't suddenly going to change). Their own denial of there being any problem is going to bite you on the arse not the school. Plenty of schools out there do know how to file tax, pension and health. You have to make the judgement, but I'd be gone next payday.

If you want to stay in Korea;
1. Talk to immigration, find out your visa status, any fines and what you need to do for a new visa.
2. Order new documents. (remember you may need somewhere safe to send them)
3. Start looking for a legitimate job.
4. Payday, run.
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actionjackson



Joined: 30 Dec 2007
Location: Any place I'm at

PostPosted: Fri Sep 17, 2010 9:37 pm    Post subject: Reply with quote

This isn't in response to what you should do, only you can make that decision but I'm going to answer the question as to whether school x can own your visa while you work at school y. YES, it is possible. My visa was applied for by one company but I also have another sticker that says additional employment for the school where I actually work.
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Sat Sep 18, 2010 12:20 am    Post subject: Reply with quote

actionjackson wrote:
This isn't in response to what you should do, only you can make that decision but I'm going to answer the question as to whether school x can own your visa while you work at school y. YES, it is possible. My visa was applied for by one company but I also have another sticker that says additional employment for the school where I actually work.

Yes, but secondary places of employment cannot exceed the primary workplace by pay or by hours worked (e.g. if you work 100 hours at your primary sponsor, you can't work more than that at a secondary school. Same with pay). Since he won't be working at his primary sponsor at all, it's illegal to work at any secondary place.
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actionjackson



Joined: 30 Dec 2007
Location: Any place I'm at

PostPosted: Sat Sep 18, 2010 4:20 am    Post subject: Reply with quote

cdninkorea wrote:
actionjackson wrote:
This isn't in response to what you should do, only you can make that decision but I'm going to answer the question as to whether school x can own your visa while you work at school y. YES, it is possible. My visa was applied for by one company but I also have another sticker that says additional employment for the school where I actually work.

Yes, but secondary places of employment cannot exceed the primary workplace by pay or by hours worked (e.g. if you work 100 hours at your primary sponsor, you can't work more than that at a secondary school. Same with pay). Since he won't be working at his primary sponsor at all, it's illegal to work at any secondary place.


A link would be greatly apprectiated. I've been searching all over and have yet to find anything on this.
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Sat Sep 18, 2010 5:04 am    Post subject: Reply with quote

actionjackson wrote:
A link would be greatly apprectiated. I've been searching all over and have yet to find anything on this.

I'm afraid I don't have one. In 2007, I had an after school job that was light on hours, so I got two part time jobs at other public schools. I did it the legal way, so I had to go to Immigration, where I heard all the regulations from an official. Mind you, things might be different now.
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