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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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 Posted: Thu Sep 01, 2011 9:31 am Post subject: |
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If she is on a spousal visa she cannot teach legally (part time, full time, any time).
You two have to decide what is worth it here.
She has extremely limited leverage in this negociation as she has no legal permission to teach.
As Tom said, if she gets caught, expect fines and possible detention or deportation.
She cannot get legal permission to teach at the Hakwon unless her visa status is other than F3. It is extremely unlikely they (kimmi) would issue an additional permitted activity on her F3 for teaching.
In fact does she have a BA from one of the 7 approved nations and is she a native speaker of English? |
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Icewontolla
Joined: 08 Dec 2010
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| Posted: Thu Sep 01, 2011 11:31 am Post subject: |
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| Not good news I don't like to break the law....I'm very pissed off now that I've been put into this situation. No she doesn't have a BA but apparently I was lied to about the significance of that. Yes we're american, she's in the middle of an english degree. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Thu Sep 01, 2011 11:46 am Post subject: |
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| Icewontolla wrote: |
| Not good news I don't like to break the law....I'm very pissed off now that I've been put into this situation. No she doesn't have a BA but apparently I was lied to about the significance of that. Yes we're american, she's in the middle of an english degree. |
Well lied to or not, she has no BA and therefore could not legally teach unless its under the TALK program (if that still runs).
This must be stressful for you guys but really its also a lessons learned experience: always check the facts with immigration.
Best of luck to you guys. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Sep 01, 2011 3:55 pm Post subject: |
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| Icewontolla wrote: |
| Not good news I don't like to break the law....I'm very pissed off now that I've been put into this situation. No she doesn't have a BA but apparently I was lied to about the significance of that. Yes we're american, she's in the middle of an english degree. |
In order to teach English legally on an E-2 visa you MUST have a degree from one of the seven English-speaking nations as listed by Immigration (America, Canada, England, Ireland, South African, Australia, New Zealand) and have lived there for at least ten years or more as a native English speaker (English has to be your first language). An ARC is different...that's just a residence/ID card.
Yes the hakwon director lied (no surprise there). Your wife is working illegally.
So it's up to you two to decide what to do. I hope things work out ok for you. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Sat Sep 03, 2011 8:30 am Post subject: |
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| Icewontolla wrote: |
| Not good news I don't like to break the law....I'm very pissed off now that I've been put into this situation. No she doesn't have a BA but apparently I was lied to about the significance of that. Yes we're american, she's in the middle of an english degree. |
Not to put the green light on anything but many teachers work illegally between contracts for a period of time even when they know what they are doing. It's not because they want to, that's just the way many Korean employers run things and Immigration allows to happen, hence the reason for much ignorance of the Korean law among Koreans themselves.
I know someone who was denied an E-2 visa some years ago simply because she made a complaint to the labor department about her employer. The law and governmental agencies usually favor Koreans so you better have your aces in a row before you do anything and always remember that you shouldn't react too strongly to anything your employer might say quickly. Simply let it run off your shoulder, wait until the next day to react more calmly. Koreans often change their minds the next day, just give them something to think about, ask questions such as how you can improve, do better, or why they exactly they want to fire you. And if that isn't in writing then they are bluffing. Ask your employer to give your last warning in writing, that is the law. Korean labor law is strict, some international companies avoid S. Korea because of them. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sat Sep 03, 2011 8:46 am Post subject: |
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| Los Angeloser wrote: |
| Icewontolla wrote: |
| Not good news I don't like to break the law....I'm very pissed off now that I've been put into this situation. No she doesn't have a BA but apparently I was lied to about the significance of that. Yes we're american, she's in the middle of an english degree. |
Not to put the green light on anything but many teachers work illegally between contracts for a period of time even when they know what they are doing. It's not because they want to, that's just the way many Korean employers run things and Immigration allows to happen, hence the reason for much ignorance of the Korean law among Koreans themselves.
I know someone who was denied an E-2 visa some years ago simply because she made a complaint to the labor department about her employer. The law and governmental agencies usually favor Koreans so you better have your aces in a row before you do anything and always remember that you shouldn't react too strongly to anything your employer might say quickly. Simply let it run off your shoulder, wait until the next day to react more calmly. Koreans often change their minds the next day, just give them something to think about, ask questions such as how you can improve, do better, or why they exactly they want to fire you. And if that isn't in writing then they are bluffing. Ask your employer to give your last warning in writing, that is the law. Korean labor law is strict, some international companies avoid S. Korea because of them. |
Misinformation above:
1) Immigration doesn't allow E2 teachers to work illegally between contracts or any other time. Yes, many do it and they get away with it because they don't get caught. Immigration knows it happens, but they don't know who, when or where. If Immgration finds out you'll get busted.
I know someone who was denied an E2 visa just because Immigration suspected they had worked illegally while here on a tourist visa. The teacher had to prove that he hadn't. Minimum 5 year ban.
2) Warnings are not required before firing. They can be given verbally, in writing or not at all. They are only required if your contract requires them. Your employer has to give you 30 days notice or 30 days pay after you've been employed for some period (6 months?) under Korean law, but no warnings. |
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oujibdelamere
Joined: 31 Aug 2011
Location: Belgium
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| Posted: Sat Sep 03, 2011 8:58 am Post subject: |
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| you MUST have a degree from one of the seven English-speaking nations as listed by Immigration ... and have lived there for at least ten years |
I apologise if this is off-topic, but the above is the first I've heard about residency requirements for your country of origin.
Is this true? I sure hope not ... |
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liveinkorea316
Joined: 20 Aug 2010
Location: South Korea
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| Posted: Sat Sep 03, 2011 2:06 pm Post subject: |
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| I've got news for you. Your boss never sent your wife's ARC to immigration. You should be starting to see a pattern here already or corners being cut by your boss. Does not bode well for your future at that school. |
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oldtrafford
Joined: 12 Jan 2011
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| Posted: Sat Sep 03, 2011 3:04 pm Post subject: |
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| spot on last poster. Hate to break it to you buddy but you're in a rock and a hard place. Be prepared for the brown stuff hitting the fan!! |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sat Sep 03, 2011 5:42 pm Post subject: |
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| oujibdelamere wrote: |
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| you MUST have a degree from one of the seven English-speaking nations as listed by Immigration ... and have lived there for at least ten years |
I apologise if this is off-topic, but the above is the first I've heard about residency requirements for your country of origin.
Is this true? I sure hope not ... |
Whoops sorry.. the ten years thing is if you are not born in an English-speaking country. |
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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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| Posted: Sat Sep 03, 2011 7:40 pm Post subject: |
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| TheUrbanMyth wrote: |
In order to teach English legally on an E-2 visa you MUST have a degree from one of the seven English-speaking nations as listed by Immigration (America, Canada, UK, Ireland, South African, Australia, New Zealand) |
TUM, you're slipping with the advice giving.  |
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thunderbird
Joined: 18 Aug 2009
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| Posted: Sat Sep 03, 2011 9:06 pm Post subject: |
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| just say no. |
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thunderbird
Joined: 18 Aug 2009
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| Posted: Sat Sep 03, 2011 9:16 pm Post subject: |
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| just say no. |
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alljokingaside
Joined: 17 Feb 2010
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| Posted: Sun Sep 04, 2011 10:57 pm Post subject: |
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Were I you, I'd consider finding another job, though from what I've heard, the conditions probably won't change drastically. The willful breach of trust, as well as the deplorable (for Korea anyway) conditions already speak volumes though and, worse for worse, you'll find yourself a little better informed in a situation you can handle. The only drawback to that route is the paperwork and whatnot to get hired by another school/receive work release papers, I suppose.
Either way, before you do anything, I'd also find a way to get her ARC card back. (At least they didn't "hold on" to her passport) Say she needs to go to the doc. and the hospital wants a copy of the ARC; she wants to open another bank account with online banking options; etc. etc. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Mon Sep 05, 2011 3:52 am Post subject: |
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The situation seems to be more about the OPs wife than about him (if I got what he said correctly).
If he finds his work conditions unacceptable then he does need to move on. He can simply quit and get a new job.
His wife however is working illegally and therefore has no leverage in any type of work negociation. This is too bad for them but at the same time the OP needs to be aware (he is after this thread I think) that if his wife gets busted she will be fined and possibly deported for violating her visa. |
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