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embarrassingquestions
Joined: 16 Oct 2011
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 Posted: Mon Oct 17, 2011 8:14 am Post subject: Busted! |
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For working on the wrong visa. 
Basically I applied for a new visa several months after I'd started working at a new place. I figured as long as I got a visa it didn't matter if I got it a little bit late (stupid newbie mistake, yeah, I know). Actually I think the big problem is that I was still on my last employer's visa once I started working. They (the Korean Consulate where I did my visa run) told me I'd need to have an interview once I got back to Korea.
I'm not looking for any sympathy or you should have known betters (though since this is Dave's I'm 100% sure someone is gonna say that anyway) but I would like to hear from those who have been in a similar situation. What can I expect at the interview, how far back into my work history will they investigate, how badly could things go (i.e. if I get fined how much could it be and how long can I be banned from Korea for, etc.). I'm pretty freaked out. My employer is pissed off at me because now they're in trouble (guess they didn't know the law either). Please PM me if you don't feel comfortable posting.
Also is it my responsibility to contact immigration for the interview? I'm guessing yes? |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Oct 17, 2011 8:48 am Post subject: |
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I am not really clear on your situation. You start off saying you were working on the wrong visa, but then you say later that you would come to Korea. How do you work on a visa but not in Korea?
Can you explain exactly what happened? You were on E2 visa? Details please. |
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embarrassingquestions
Joined: 16 Oct 2011
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| Posted: Mon Oct 17, 2011 8:51 am Post subject: |
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Yeah, I was on an E2 and switched employers before my contract ended. I went for a visa run a few months after starting my new job. Then at the consulate they told me I'd been working illegally since I hadn't switched my visa to my new employer stat.
The consulate told me I'd have an interview with immigration after I got back to Korea. I kind of expected someone to shackle me and take me to an interrogation room at the airport but no, they just stamped my passport and waved me through. So now what? |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Oct 17, 2011 9:10 am Post subject: |
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| I hadn't switched my visa to my new employer stat. |
What does this mean? They looked at the contract dates? You told them verbally you started several months earlier? How did they conclude you hadn't done what they thought you should have done? I am trying to help you find a loophole. You need to tell me everything about your situation in as much detail as possible. Walk me through it. What month did you leave school 1? What month did you start school 2? What month did you leave Korea? What months are in your first contract? DETAILS DETAILS DETAILS. The more the better.
Basically, what I would be aiming for is that you "gave" your documents (passport, diploma, but you kept your ARC card after letting them scan it) over to your new hagwon. They had it when you went to the school and several months later were told by them go on this visa run (which is when they returned the passport). Until then, you couldn't leave the country because School 2 had your passport.
The blame may end up on you, but I would try the hardest I could to lay it off on the hagwon when talking to immigration. You don't have to work for them if you think they are going to get nasty about it. Get a change of workplace and find another school. If immigration sides with you, then they will just make it a switch from School 1 to School 3 skipping School 2. Hopefully.
If you walk in admitting you knew you were working illegally, then there is no doubt they will give some punishment. At least fight it to minimize it.
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| at the airport but no, they just stamped my passport and waved me through |
They waved you through when you went from WHERE to WHERE? What direction were you going? From Korea to another country, or another country coming back to Korea? Seems like the second which would mean you are already in Korea? DETAILS PLEASE, DETAILS.
Last edited by koreatimes on Mon Oct 17, 2011 9:46 am; edited 3 times in total |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Oct 17, 2011 9:34 am Post subject: |
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This person registered and waited 1 day before posting about this. Interesting. Is this a real scenario or someone just make up a situation to post about?
"I have an embarrassing question. However, maybe I should wait a day before posting it." |
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embarrassingquestions
Joined: 16 Oct 2011
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| Posted: Mon Oct 17, 2011 9:45 am Post subject: |
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| koreatimes wrote: |
This person registered and waited 1 day before posting about this. Interesting. Is this a real scenario or someone just make up a situation to post about?
"I have an embarrassing question. However, maybe I should wait a day before posting it." |
I had to wait until my account was activated  |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Oct 17, 2011 9:50 am Post subject: |
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Ok, just checking. I know that was a possibility, this is just an odd scenario. I have done much worse in Korea and China, and no one has questioned me.
Last year I was on a student visa for a Shanghai school, which is in the southeastern part of China. Then 1 month later I went to work at a language school in the northeastern part. In China, you go to the police station when you move into a new area (with the school). I thought if there was ever a reason to arrest someone, this would be it.
The police didn't care. It was like I was a student in Busan, but working in Seoul  They opened the passport, said the word for "student" in Chinese and then handed me back the passport.
So, can you answer the questions I asked before? |
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embarrassingquestions
Joined: 16 Oct 2011
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| Posted: Mon Oct 17, 2011 9:57 am Post subject: |
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| koreatimes wrote: |
| Quote: |
| I hadn't switched my visa to my new employer stat. |
What does this mean? They looked at the contract dates? You told them verbally you started several months earlier? How did they conclude you hadn't done what they think you should have done? I am trying to help you find a loophole. You need to tell me everything about your situation in as much detail as possible. Walk me through it. What month did you leave school 1? What month did you start school 2? What month did you leave Korea? What months are in your first contract? |
The first contract ended in September. I left the school in June and started teaching at a new place in July. My old visa was good up through October. So I have about three months where my old visa/new employment overlap. I didn't think this was a big deal. The people at the consulate looked at the dates when my visa ended and the date when my new contract began and determined that I had been working illegally for a certain period.
[quote="koreatimes"]
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| Quote: |
| at the airport but no, they just stamped my passport and waved me through |
They waved you through when you went from WHERE to WHERE? What direction were you going? From Korea to another country, or another country coming back to Korea? Seems like the second which would mean you are already in Korea? DETAILS PLEASE, DETAILS. |
The country where I did my visa run coming back to Korea...
- worked on old visa for new employer for 3 months IN KOREA
- visa run OUTSIDE of Korea (this is where I get in trouble)
- come back to Korea expecting to be ambushed at immi but they just give me the visitor's stamp or whatever you call it
- am now in Korea awaiting my fate
Last edited by embarrassingquestions on Mon Oct 17, 2011 9:58 am; edited 1 time in total |
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embarrassingquestions
Joined: 16 Oct 2011
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| Posted: Mon Oct 17, 2011 9:57 am Post subject: |
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| koreatimes wrote: |
Ok, just checking. I know that was a possibility, this is just an odd scenario. I have done much worse in Korea and China, and no one has questioned me.
Last year I was on a student visa for a Shanghai school, which is in the southeastern part of China. Then 1 month later I went to work at a language school in the northeastern part. In China, you go to the police station when you move into a new area (with the school). I thought if there was ever a reason to arrest someone, this would be it.
The police didn't care. It was like I was a student in Busan, but working in Seoul They opened the passport, said the word for "student" in Chinese and then handed me back the passport.
So, can you answer the questions I asked before? |
Yeah I think I am just especially unlucky  |
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embarrassingquestions
Joined: 16 Oct 2011
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| Posted: Mon Oct 17, 2011 10:01 am Post subject: |
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| So no one is going to say what happens during the interview? Come on I know some of you have gone through one |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Mon Oct 17, 2011 10:06 am Post subject: |
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| The people at the consulate looked at the dates when my visa ended and the date when my new contract began and determined that I had been working illegally for a certain period. |
Did you initial your name next to those dates? So, the wrong "dates" were in the contract. If they were that concerned, then that means your old school is also in trouble for not reporting you to immigration for not working anymore. Have you contacted School 1 about this?
Seems like it would be easier for School 2 and you to just say you put the wrong dates in the contract. School 2 put June/July in the contract because that is what they were hoping for, but they never got a teacher until you came and you guys never "changed" the dates. This seems like a lesser crime and more of a clerical error.
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| am now in Korea awaiting my fate |
Are you on speaking terms with both schools? I would let school 1 know what happened, and get your story straight with both schools. Don't go into immigration alone, unless you want to walk out alone. |
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nathanrutledge
Joined: 01 May 2008
Location: Marakesh
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| Posted: Tue Oct 18, 2011 1:43 am Post subject: |
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Okay, just to clarify. You had a visa from September of LAST year until October of this year, right? September 2010 until October 2011?
And you quit your first job in June and started working another job in July?
THEN, your visa was expiring, so you were leaving the country on a visa run, and that's when you got caught up?
IF that's the correct story:
Visas are tied to the job. You cannot go from job to job on an E2 visa. You need to have a letter of release to transfer, OR permission from the employer to add a second workplace (that must meet certain requirements).
Immigration changed the rules this last year making a job transfer/addition easier. Honestly, IMO, I think you're in a really good place. You were not working illegally, i.e. with no visa/no degree/etc, but rather you didn't do the paperwork properly. The fact that you tried to get a new visa when your first one expired is good. Despite what lots of people say, immigration is not out to screw you. They have discretion as to what they do to people. The big question is - How did you leave your first job? Good terms? Bad terms? What happened there? IF you left on bad terms, then they could really get you. You need a letter of release to transfer a visa, and you didn't get it. If you left on bad terms, then they refused to give it to you and it's a more willful violation. IF you left on good terms, then your old job just didn't know the law regarding LOR/transfers and it's a misunderstanding.
As far as the interview goes, it's probably going to be an investigative interview. They're going to want to know why you left the old job, why you didn't do the proper transfer, why you broke the law, etc. Remember, Korean courts are very similar to western courts in that what you say to them can be used against you. Don't lie, but don't incriminate yourself. In Korea, you DO have the right to remain silent. I would imagine it will be a "friendly chat" but don't be fooled - they are NOT your friends. If you admit you knowingly and willfully broke the law, they will not by sympathetic to you.
From what you've said, it just seems like you are ignorant of the law, you messed up and you genuinely didn't know better. If that's the case, if you can convince them of that, you'll probably get hit with a fine and a "don't do that again" reprimand. But whatever you do, don't delay. Show them you are concerned and want to get this straightened out ASAP. If you don't, that's just another mark against you.
Good luck. |
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jamesd
Joined: 15 Aug 2011
Location: Korea
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| Posted: Tue Oct 18, 2011 1:50 am Post subject: |
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I think it's a bad idea to lie since the op's employer #2 may have been paying pension and health insurance. And unless the op was paid in cash, for those months in question, bank transfer deposits will have left a electronic trail.
If I were op, I'd seriously consider leaving Korea ASAP before getting slapped with hefty fine and deported. |
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