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Sireno
Joined: 19 Mar 2010
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 Posted: Sat May 18, 2013 6:28 pm Post subject: Cancelled visa. Leave country and come back on tourist stamp |
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I quit / was let go from my job. My E2 was cancelled by my employer. My plan now is to go to Japan for a few days, then come back on a tourist stamp (I'm American) and take a Korean course for the Summer. I went to immigration to ask them about this and they said it should be fine. However when I asked them how long I could stay in Korea until leaving the country to Japan, they couldn't give me a specific date other than saying "you should leave soon". I kept asking and explained my intentions and they finally told me June 7th, a month after I stopped working. Is it strange that no one knows or there aren't specific protocols?
I also want to make sure from others here that I won't have any problems with immigration on the way in or out. I did not receive an ARC, only the E2 in my passport. Do I need to tell them on my way out to cancel it or anything? Should I have any proof with me on the way back in that I will be studying Korean for the summer? I already have my exit ticket for the end of August.
Thanks for the reassurance. |
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Waygeek
Joined: 27 Feb 2013
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| Posted: Sat May 18, 2013 6:44 pm Post subject: |
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| How did you not have an ARC considering you're here almost a year? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat May 18, 2013 8:42 pm Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| Sireno wrote: |
I quit / was let go from my job. My E2 was cancelled by my employer. My plan now is to go to Japan for a few days, then come back on a tourist stamp (I'm American) and take a Korean course for the Summer. I went to immigration to ask them about this and they said it should be fine. However when I asked them how long I could stay in Korea until leaving the country to Japan, they couldn't give me a specific date other than saying "you should leave soon". I kept asking and explained my intentions and they finally told me June 7th, a month after I stopped working. Is it strange that no one knows or there aren't specific protocols?
I also want to make sure from others here that I won't have any problems with immigration on the way in or out. I did not receive an ARC, only the E2 in my passport. Do I need to tell them on my way out to cancel it or anything? Should I have any proof with me on the way back in that I will be studying Korean for the summer? I already have my exit ticket for the end of August.
Thanks for the reassurance. |
If you do not have an ARC then 90 days from your date of entry or you will be in an overstay.
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
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Julius
Joined: 27 Jul 2006
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| Posted: Sun May 19, 2013 3:35 am Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| Sireno wrote: |
| they finally told me June 7th, a month after I stopped working. |
The 13-month E2 is designed to allow one month's grace to leave the country.
So doesn't surprise me that one month after cancellation is also the new protocol. |
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Waygeek
Joined: 27 Feb 2013
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| Posted: Sun May 19, 2013 4:59 am Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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What is a 13 month E2? Can I apply for one?
| ttompatz wrote: |
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
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Why could he not just re-enter Korea on his E2? Surely it would be like going on holiday or something?
Visas give me headaches  |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun May 19, 2013 5:35 am Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| Waygeek wrote: |
What is a 13 month E2? Can I apply for one?
| ttompatz wrote: |
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
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Why could he not just re-enter Korea on his E2? Surely it would be like going on holiday or something?
Visas give me headaches |
Initial, un-extended E2s are for a 13 month period of sojourn.
Extensions are for the length of the contract to a maximum of 12 months (maximum allowed under labor law for an employment contract).
If he re-enters on the same E2 (without a sponsor) he is in violation of his status of sojourn and if caught will cause problems.
Take a Tylenol.
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Waygeek
Joined: 27 Feb 2013
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| Posted: Sun May 19, 2013 4:50 pm Post subject: |
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Oh OK; so that second date at the top of the back is our expected departure date?
Does this expire if our contract ends naturally in the mean time? I'm finished on the 15th of next month, and hope to travel for one or two weeks, then come back, hopefully to another arranged job. Can I do that on an E2 that's about to expire on the 14th of July? |
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Sireno
Joined: 19 Mar 2010
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| Posted: Sun May 19, 2013 7:12 pm Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| ttompatz wrote: |
| Sireno wrote: |
I quit / was let go from my job. My E2 was cancelled by my employer. My plan now is to go to Japan for a few days, then come back on a tourist stamp (I'm American) and take a Korean course for the Summer. I went to immigration to ask them about this and they said it should be fine. However when I asked them how long I could stay in Korea until leaving the country to Japan, they couldn't give me a specific date other than saying "you should leave soon". I kept asking and explained my intentions and they finally told me June 7th, a month after I stopped working. Is it strange that no one knows or there aren't specific protocols?
I also want to make sure from others here that I won't have any problems with immigration on the way in or out. I did not receive an ARC, only the E2 in my passport. Do I need to tell them on my way out to cancel it or anything? Should I have any proof with me on the way back in that I will be studying Korean for the summer? I already have my exit ticket for the end of August.
Thanks for the reassurance. |
If you do not have an ARC then 90 days from your date of entry or you will be in an overstay.
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
. |
Thank you. Glad to hear exactly what to do.
I don't have an ARC since I started a crummy job and quit early on before I got myself in way too deep. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon May 20, 2013 4:05 pm Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| ttompatz wrote: |
| Waygeek wrote: |
What is a 13 month E2? Can I apply for one?
| ttompatz wrote: |
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
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Why could he not just re-enter Korea on his E2? Surely it would be like going on holiday or something?
Visas give me headaches |
Initial, un-extended E2s are for a 13 month period of sojourn.
Extensions are for the length of the contract to a maximum of 12 months (maximum allowed under labor law for an employment contract).
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You can do a 2 year renewal contract and extend your E2 visa for 2 years. I have done this several times and so have a number of other teachers that I know. Immigration has no problem with it. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon May 20, 2013 5:25 pm Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| ontheway wrote: |
| ttompatz wrote: |
| Waygeek wrote: |
What is a 13 month E2? Can I apply for one?
| ttompatz wrote: |
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
|
Why could he not just re-enter Korea on his E2? Surely it would be like going on holiday or something?
Visas give me headaches |
Initial, un-extended E2s are for a 13 month period of sojourn.
Extensions are for the length of the contract to a maximum of 12 months (maximum allowed under labor law for an employment contract).
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You can do a 2 year renewal contract and extend your E2 visa for 2 years. I have done this several times and so have a number of other teachers that I know. Immigration has no problem with it. |
In clear violation of article 16 of the labor standards act.
| MOEL wrote: |
Article 16
The term of a labor contract shall not exceed one year, except in cases where no term is fixed or a term is fixed as necessary for the completion of a project. |
Unless you can somehow convince me (or the labor board) that E2 teachers are hired without expiry (no fixed term - permanent employee) or that "teaching" has become a "project" that requires the specific individual to "complete the project".
E2 visas are extendable multiple times but only for a 1 year period of sojourn at a time.
E1 visas can be issued for a period of sojourn of up to 2 years and extended for up to 2 years at a time HOWEVER 1 year terms are common for those not doing research based projects.
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon May 20, 2013 10:25 pm Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| ttompatz wrote: |
| ontheway wrote: |
| ttompatz wrote: |
| Waygeek wrote: |
What is a 13 month E2? Can I apply for one?
| ttompatz wrote: |
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
|
Why could he not just re-enter Korea on his E2? Surely it would be like going on holiday or something?
Visas give me headaches |
Initial, un-extended E2s are for a 13 month period of sojourn.
Extensions are for the length of the contract to a maximum of 12 months (maximum allowed under labor law for an employment contract).
|
You can do a 2 year renewal contract and extend your E2 visa for 2 years. I have done this several times and so have a number of other teachers that I know. Immigration has no problem with it. |
In clear violation of article 16 of the labor standards act.
| MOEL wrote: |
Article 16
The term of a labor contract shall not exceed one year, except in cases where no term is fixed or a term is fixed as necessary for the completion of a project. |
Unless you can somehow convince me (or the labor board) that E2 teachers are hired without expiry (no fixed term - permanent employee) or that "teaching" has become a "project" that requires the specific individual to "complete the project".
E2 visas are extendable multiple times but only for a 1 year period of sojourn at a time.
E1 visas can be issued for a period of sojourn of up to 2 years and extended for up to 2 years at a time HOWEVER 1 year terms are common for those not doing research based projects.
. |
I have no need to convince you of anything. What you "know" to be true about the labor office and the immigration office just deviates from the way things actually are done.
Perhaps teachers who are contracted as employees at good schools, enrolled properly with all the legally required benefits, and given continuous employment at two year intervals satisfies the conditions you have in mind.
In any case, E2 visas can be and are regularly extended for longer periods, up to two years. I have personally extended at two year intervals and I know several other E2 teachers who have done the same - the ARC is updated for two years, no need to return to Immigration for two years.
Reality and experience tell us that E2 teachers can extend their visas for up to two years at Immigration. |
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J Rock
Joined: 17 Jan 2009
Location: The center of the Earth, Suji
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| Posted: Tue May 21, 2013 7:13 am Post subject: Re: Cancelled visa. Leave country and come back on tourist s |
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| ontheway wrote: |
| ttompatz wrote: |
| Waygeek wrote: |
What is a 13 month E2? Can I apply for one?
| ttompatz wrote: |
Be sure to cancel your visa on the way out (get a cancel stamp on it from passport control) since you probably have a multi-entry E2 or you will re-enter on that E2 and it will complicate your life later.
|
Why could he not just re-enter Korea on his E2? Surely it would be like going on holiday or something?
Visas give me headaches |
Initial, un-extended E2s are for a 13 month period of sojourn.
Extensions are for the length of the contract to a maximum of 12 months (maximum allowed under labor law for an employment contract).
|
You can do a 2 year renewal contract and extend your E2 visa for 2 years. I have done this several times and so have a number of other teachers that I know. Immigration has no problem with it. |
I have personaly done this twice, both times my visa was extended an additional year. I know ttompatz has found that this is a violation of article 16 but maybe the rules arent always black and white. You can recite the labor laws all day but if it's not what Immigration is practicing then it doesnt hold too much water. |
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