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Seoul_Star

Joined: 04 May 2007
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Posted: Sun May 11, 2008 9:31 pm Post subject: Get my visa cancelled at airport or consulate? |
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Long story short; my contract ends before my visa ends (by three weeks). Since my boss is being an idiot and will not give me a letter of release, I wish to cancel this E2 and get a new one at a later point in time as opposed to having my new employer try to extend the visa (without cooperation from my current boss).
I am leaving the country for a short time, the day after my contract is up. If I wish to cancel this E2 and re-enter a few days later on a tourist visa, can I do this at the airport? Or, do I need to drive to a Korean consulate outside of Korea to get the E2 canceled? If I simply tell airport immigration that I no longer work at that school, and no longer live at the address on my alien card, and wish to re-enter Korea as a tourist, can they just cancel my E2 on the spot?
It's pathetic that my contract is coming up for expiration after a year, and because I have refused to re-new my contract, my boss now refuses to give me a letter of release, despite taking a year of my life.
(I tried the search function, but it is turning up a blank page, as it sometimes does for some reason) |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sun May 11, 2008 9:47 pm Post subject: |
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You're confused about what a visa is - a visa allows you to enter a county for a specific purpose. Once you use your visa it becomes 'null and void'.
What 'counts' is the date on your ARC - you must exit the county on or before that date. If your contract has expired before the date on your ARC you do not need a LoR to get a new visa. |
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Ramen
Joined: 15 Apr 2008
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Posted: Sun May 11, 2008 11:47 pm Post subject: |
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cruisemonkey wrote: |
You're confused about what a visa is - a visa allows you to enter a county for a specific purpose. Once you use your visa it becomes 'null and void'.
What 'counts' is the date on your ARC - you must exit the county on or before that date. If your contract has expired before the date on your ARC you do not need a LoR to get a new visa. |
You did well explaining the definition of visa. Now to answer OP's question.....
You just need to give up your ARC card to the immigration officer at the airport as you exit the country. Giving up your ARC card to the immi officer at the airport will cancel your current visa and you can return on tourist visa. |
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Seoul_Star

Joined: 04 May 2007
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Posted: Sun May 11, 2008 11:56 pm Post subject: |
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Ok, so I just want to ensure that when I give up my alien card at the airport next week, and then return to Korea a week later, they don't look at my multiple entry E2 visa (Which doesn't expire until June 8th), and just stamp another entry on it. Thanks! |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Mon May 12, 2008 4:50 am Post subject: |
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Jesus!... you don't have a visa... ... it expired 90 days from the date of issue.
You can exersise your multiple entry privliges until your period of sojourn expires - the date on your ARC (if you don't give it up when you exit Korea), i.e. your multiple entry privliges are tied to your alien registration, not your visa... it doesn't exist.
I think 'Dave's' needs a sticky on the 'A', 'Bs' & 'Cs' of 'Immigration 101'. |
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jadarite

Joined: 01 Sep 2007 Location: Andong, Yeongyang, Seoul, now Pyeongtaek
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Ut videam

Joined: 07 Dec 2007 Location: Pocheon-si, Gyeonggi-do
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Posted: Mon May 12, 2008 8:12 am Post subject: |
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Actually, cruisemonkey is the one who's confused.
In the case of a visa issued as a multiple-entry visa (such as E-2s for Americans in most cases), the expiration date printed on the visa (and the last permissible date of entry under that visa) is one year from the date of issue.
To the OP: You should have no problem cancelling your visa, status of stay, etc. at the airport. Just make sure that when you hand in your ARC, the immigration inspector writes or stamps "Cancelled" or "Used" on the E-2 page in your passport. That way there'll be no confusion when you come back, and they'll stamp you in on a tourist visa.
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Mon May 12, 2008 2:38 pm Post subject: |
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I stand corrected. I forgot about U.S. citizens having an automatic one year multiple entry.
Still, the OP doesn't need a LoR if the contract has expired. |
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valkerie
Joined: 02 Mar 2007 Location: Busan
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Posted: Mon May 12, 2008 3:00 pm Post subject: |
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My ex-colleague was told (by new job - public school) she needed LOR, despite having seen out her entire contract with the sponsoring hogwon. (She had been here a few weeks before going to Japan for visa). |
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Seoul_Star

Joined: 04 May 2007
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Posted: Mon May 12, 2008 4:40 pm Post subject: |
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My understanding up until this point was that if I wanted to extend my current E2 with another employer, I needed a letter of release. If I left Korea, handed in my alien card, and canceled my current E2 (multiple entry) that is in my passport, then I would be starting off fresh again.
I finish my contract the day before I leave, but my alien card and E2 expire three weeks after my contract is up, and I would not put it past my boss to attempt to modify the contract or change the dates just out of spite because I refused to renew at the school.
I thought that new E2's were issued based on the old one being canceled and the alien card being handed in? How is anyone at the Korean consulate in Japan going to know whether or not my old contract at a school I no longer work for has expired? What will stop my boss from modifying that contract or lying to immigration?
So basically: I finished a year contract but my shady employer is not giving me a letter of release and is avoiding the issue, am I screwed? Can I not get a new job now after I leave, get my E2 canceled and hand in my alien card? Should I be going to the labor board right now instead of going to work? |
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Ramen
Joined: 15 Apr 2008
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Posted: Mon May 12, 2008 8:26 pm Post subject: |
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Your employer has 2 weeks to notify to immi/cancel your E-2 visa when there is any change to your employment condition. If he doesn't report the change/cancellation of visa to the immi, your former boss is subject to more than 100K fine.
If you didn't renew (re-signed) contract with your boss, I wouldn't worry. You'll just need to give up your ARC to the immi officer at the airport which will effectively cancel your E-2 visa and you can start your application process with another employer.
And you don't need a letter of release as long as you've completed your year long contract. |
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