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Do I have to leave the exact day my visa expires?

 
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aimeecate



Joined: 03 Sep 2006

PostPosted: Sun Jan 30, 2011 10:10 pm    Post subject: Do I have to leave the exact day my visa expires? Reply with quote

I'm leaving Korea for good.
My principal said it was okay to book my flight for Feb 28, but technically my contract and everything finishes on March 1. Is this going to be an issue with immigration?

A friend of mine left a couple of days before her visa expired and she was asked to sign a paper saying that she was violating Korean law before they would let her go.

Anyone else have an experience like that?
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JeffersonDarcy2010



Joined: 05 Aug 2010

PostPosted: Mon Jan 31, 2011 1:03 am    Post subject: Reply with quote

I think you have 14 days to leave the country after your visa expires.
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jrwhite82



Joined: 22 May 2010

PostPosted: Mon Jan 31, 2011 1:45 am    Post subject: Reply with quote

Not sure about your visa. If your visa expires on March 1st, and you leave on the February 28th. There is no problem. Are you sure your friend didn't leave a couple of days after it expired? Or did she not forfeit her ARC when she left? It makes no sense that she left before her visa expired and they told her she was violating law. Something else must have happened.

But make sure to finish your contract, otherwise your employer can avoid paying out on your severance. If you work for a full year, the employer is required to pay you a full month's pay (the mean of your last 3 months) as a severance. If you work even one day less than a full year, you are essentially waiving your right to this money. Stay the full year.
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movybuf



Joined: 01 Jan 2007
Location: Mokdong

PostPosted: Mon Jan 31, 2011 5:59 am    Post subject: Reply with quote

Leaving early is of course no problem. Immigration couldn't care less about that.

To JeffersonDarcy2010 - there is no 14 day grace period. You must leave on or before the date your visa expires. I remember reading something about a 14 day grace period on here once and left 4 days after my visa expired. I would have been fined by immigration but I was lucky that the previous 3 days were a holiday, and the day I was leaving was a Sunday. They said I didn't have to pay any fines since the immigration office was closed and I had no way of extending my visa. I'm not sure what the fine would have been, but I'm sure it would have ranked high on the annoying scale.
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huck



Joined: 19 Jan 2003

PostPosted: Mon Jan 31, 2011 6:13 am    Post subject: Reply with quote

Could your principal tell you that it's okay to leave 3 days before your contract/visa expires, and then he can claim that you did a runner, and they don't owe you severance?

(Probably not, but worst case scenario Confused )
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jan 31, 2011 6:25 am    Post subject: Reply with quote

Your visa doesn't matter to immigration.
Your ARC DOES.

FACT: There is NO GRACE PERIOD.
You MUST depart Korea (be through passport control) no later than 23:59 on the last date indicated on your ARC.

If you need more time you can get an extension from immigration for free. You only need your passport, arc and airline ticket.

You can also do it on their website if you are able to scan your documents or have access to a fax. http://www.immigration.go.kr/HP/IMM80/index.do
The menu for the extension is on the upper left side of the page: "Permission for extension of stay for departure of registered foreigner"

You CAN leave early (before your ARC expires) without problem. You must hand in your ARC on the way out (or get fined 100k).

Leaving late WILL cause delays at the airport, may cost you a fine (100k is the usual) and WILL result in a black mark in your immigration file that WILL cause problems if you ever decide to return to Korea for work.

.
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aimeecate



Joined: 03 Sep 2006

PostPosted: Mon Jan 31, 2011 5:32 pm    Post subject: Reply with quote

Thank you. Smile

I work for a public school, so I don't think they will try to skip out on paying me my severance or anything. I've been with them for two years and had no problem getting the money from them before. I am a bit worried about getting the airfare reimbursed though. They are insisting that they can't pay me until a week after I am home. But I don't think there is much I can do about that since it doesn't say WHEN that is to be paid in the GEPIK contract. Oh well...
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jrwhite82



Joined: 22 May 2010

PostPosted: Mon Jan 31, 2011 5:50 pm    Post subject: Reply with quote

aimeecate wrote:
Thank you. Smile

I work for a public school, so I don't think they will try to skip out on paying me my severance or anything. I've been with them for two years and had no problem getting the money from them before. I am a bit worried about getting the airfare reimbursed though. They are insisting that they can't pay me until a week after I am home. But I don't think there is much I can do about that since it doesn't say WHEN that is to be paid in the GEPIK contract. Oh well...


7. If the Employee completes the term of employment without the intention to
renew and leaves Korea within ten (10) days from the contract completion date,
the Employer shall provide the airfare for the Employee's one-way return flight to
the Employee's home country either in the form of reimbursement or direct
purchase. If the Employee does not leave Korea within ten (10) days from the
contract date then the airfare for the Employee's one-way return flight to the
Employee's home country will not be provided.

Yes, it is GEPIK policy not to pay you until AFTER the flight.

One last time, finish the TERM OF CONTRACT. (365 days). Is getting home 1 or 2 days early really worth risking 2.x Million won? Just because your school has been great on paying, doesn't mean they will continue. Heck, it might even be up to the school. They might have to apply to get this money from a centralized office. And when they submit the application and it is 1 day short, it might get denied. There was a poster writing in another thread that said she/he worked for 361 days at another school, but was denied a pay increase because it was not a full year. 95%chance you'll get your money. But not worth the risk for one more day.
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