Korean Job Discussion Forums

[morningsoju]

Hello,

I have a friend I'm posting for. She finished her contract a few weeks ago and so she went on vacation. She is currently traveling all over Asia and wants to return in about 2 months. She was told by a friend who 'heard' from Immigration that if she came back within 90 days, she would not have to re-submit her docs.

Has anyone else heard this? I thought that once your visa/ARC expired, then you can't renew it and would have to start the whole process over. She surrendered her ARC when she left Korea and never applied for an extension or D10 visa.

I've heard people talk about this '90 day' rule before, so I just wanted to check.

TIA!

[YTMND]

Interesting gambler she is. She doesn't want to ask us before leaving Korea how to get a D-10. She doesn't want to ask us before leaving Korea how to extend her ARC. She doesn't want to ask us before leaving Korea about this 90 day urban legend. She doesn't want to ask another immigration officer before leaving Korea about this 90 day urban legend.

BUT.............

After she leaves (without the pension money by the way, how about severance?), she all of a sudden becomes concerned about re-entering Korea on a working visa which would be canceled. And to make it even more mind boggling she wants a friend to ask us, not immigration who actually makes the decisions. We only go with the wind. What they say is gospel, what we say is gossip.

Is this just a ploy to spread rumors or was this concern sincere?

1. Did she turn in her ARC? If not, not only might she have to submit new documents but she might be fined for not handing it in at the airport when leaving.

2. If her ARC has not expired, then she should be able to re-enter, no problems.

Other than that, it's a gamble.

3. KISS. Keep it simple stupid. In the future, get the D-10.

I think the rule that was being tossed around got lost in translation.

4. After you get your E2 visa, you have 90 days to enter. It doesn't mean if you already had one you have 90 more days to re-enter.

[ttompatz]

^^^^ Incorrect....

IF
she intends to return and obtains a new (E2) visa/visa confirmation number within 90 days of her departure from Korea on a previous E2
PROVIDED
her previous contract has expired and she has no immigration violations in her file
Then...

a) Will she need to submit new docs to immigration for issuance of a new visa confirmation number = no, not for a hagwon job and probably yes for a PS position (private hire).

b) Will she have to submit new docs for issuance of a NOA for a PS position = yes.

c) Will she have to submit new docs to an employer/recruiter for purposes of getting a job offer = maybe.

Immigration sets the minimum requirements
BUT
An employer is allowed to ask for/demand more (as in new documents) as a condition/precondition of employment if they so desire.

.

[YTMND]

[ttompatz]

[YTMND]

[ttompatz]

Yes, they would.

PS jobs, as a matter of policy, require new docs from all new (E2) hires regardless of your previous visa status or length of sojourn in the country.
It is an employer requirement and not an immigration one.

They are a little less fussy on F2,4,5,6 employees provided the new hire meets the MOE requirements for registration.

And there have always been more hoops to jump through for a PS job.
I can't remember the last time a hagwon asked me (or anyone I know) for letters of reference, proof of prior experience, certificates of employment, etc.

.

[morningsoju]

Actually, she's not worried at all. She said she heard other teachers say this also. She said she went to the Immigration office and obtained copies of her Apostilled CRC and diploma, and when she came back, she would just use those. She also mentioned that since she did not go back home, she would not need new docs.

I did a search and it looks like she was misinformed or there was some miscommunication.

That's too bad for her

[morningsoju]

Actually, scratch that -- now I heard from a few other people that they knew about the 90 day rule. They said even if your visa expired, you have 90 days to sign with another school. Once you sign with the new school, they can issue you a new VIN without submitting new documents since your information is still in the database.

[Wildbore]

Yes, THE REGULATIONS say you can get a new visa issuance number without submission of new documents within 90 days. It's not a myth, there's a notice called "E-2 visa improvement notice" on the "hikorea" immigration website from back in 2011 that talks about it. The same notice that brought in the FBI checks brought in this change as well.

When I actually tried to do this myself, some old stupid immigration officer just ignored the regulation and rejected my visa issuance number anyways.

It is in the law, but there are ALOT of people who are as smart as a brick working at immigration. Don't count on it.

[morningsoju]

WOW. Now I'm extremely confused. So this is actually the LAW, but Immigration still rejects the visa in this situation?

I don't get it

[Wildbore]