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Is the E-2 Visa or ARC That Gives Teachers Legal Status?

 
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korea.teacher



Joined: 04 Feb 2009

PostPosted: Sat May 02, 2009 4:30 am    Post subject: Is the E-2 Visa or ARC That Gives Teachers Legal Status? Reply with quote

A former teacher at my institute offered to go with me to my local labor office to talk to an investigator about my petition for unpaid wages (extra work the institute requested but did not pay me for).

He said he'd be willing to talk about past wrongs done to teachers at my institute (for example, he was listed as a contractor while he worked there and the institute didn't pay his health insurance).

He just got back from his visa run and needs to apply for his ARC.

Could he jeapordize his job status by going to Labor before his ARC is completed?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Sat May 02, 2009 5:45 am    Post subject: Reply with quote

Don't see how it would affect anything other than somebody getting getting some justice.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat May 02, 2009 6:27 am    Post subject: Reply with quote

A visa gives one no legal rights in K-land.

It is the consul's recommendation for a foreigner's entry request. Said foreigner can still be denied entry by an Immi officer should the officer suspect misfeasance or find some requirements unsatisfactory. When the visa is used to enter K-land, the clock on the period of sojourn starts ticking... in the case of an E-2 it's one year from the day of entry.

Tell your friend to be careful... Mr. Kim knows Mr. Park. Wink
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat May 02, 2009 6:39 am    Post subject: Re: Is the E-2 Visa or ARC That Gives Teachers Legal Status? Reply with quote

korea.teacher wrote:
Could he jeapordize his job status by going to Labor before his ARC is completed?

No.

Your visa allows you to work here legally.
Your ARC is just your "green card" (your proof of residence).
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Sat May 02, 2009 6:41 am    Post subject: ARC Reply with quote

Short Answer = ARC

I'm still waiting on mine too, & cannot connect internet cables, tv, get a health insurance card, or open a new bank account, without it. Sad

The question of whether the Labor Office would be prepared to review your work complaint, with or without an ARC, or even if it would affect their preparedness to review your case, is more complex. But I don't see how it would affect the outcome. Ask them.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat May 02, 2009 6:58 am    Post subject: Re: ARC Reply with quote

chris_J2 wrote:
I'm still waiting on mine too, & cannot connect internet cables, tv, get a health insurance card, or open a new bank account, without it. Sad

Yes, but that is just daily life in Korea. It's got nothing to do with the status of your job.

Quote:
The question of whether the Labor Office would be prepared to review your work complaint, with or without an ARC, or even if it would affect their preparedness to review your case, is more complex.

No it's not. If you are a legal worker in Korea (as evidenced by your visa), their job is to help you. It's got nothing to do with your ARC.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Sat May 02, 2009 7:31 am    Post subject: Reply with quote

Quote:
as evidenced by your visa


Catch 22. My E2 Visa is inside my passport, which I'm awaiting return of, with my ARC card.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat May 02, 2009 7:39 am    Post subject: Reply with quote

When one enters in K-land (legally) one is protected by the K constitution. Alien registration has no bearing on the quasi-judicial mandate of the Labor Relations Comission.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat May 02, 2009 8:00 am    Post subject: Reply with quote

chris_J2 wrote:
Catch 22. My E2 Visa is inside my passport, which I'm awaiting return of, with my ARC card.

LOL... every year I spend a week to ten days walking around K-land thinking - Hmmmm, as an alien, K law requires me to carry either my passport or ARC... and I have neither because my ARC has been sent from my local Immi branch office to be 'updated' at the main office for the region in which I live.

What if a rookie cop decides he doesn't like my big nose? OMG... I can't even pull a midmight run! Wink


Last edited by cruisemonkey on Sat May 02, 2009 8:12 am; edited 1 time in total
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Kikomom



Joined: 24 Jun 2008
Location: them thar hills--Penna, USA--Zippy is my kid, the teacher in ROK. You can call me Kiko

PostPosted: Sat May 02, 2009 8:01 am    Post subject: Reply with quote

Does Immi not give a sort of receipt when they take your passport to process your ARC? Something to hold on your person in the interim?
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat May 02, 2009 8:07 am    Post subject: Reply with quote

Kikomom wrote:
Does Immi not give a sort of receipt when they take your passport to process your ARC? Something to hold on your person in the interim?

Yes, they do. And if you don't have one, they were remiss in giving you one.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Sat May 02, 2009 8:18 am    Post subject: ARC Reply with quote

I have no receipt, but I suspect my K coteacher has it. I should have photocopied my passport cover page & E2 visa, before I handed my passport, to my coteacher. I have an old passport, though. And a scanned copy of my passport cover page, within my email. Better than nothing, I suppose.

Both Uiejongbu & Masan Immigration Offices, insisted on seeing both my passport / E2 visa, & ARC card, before they would extend my E2 visa.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat May 02, 2009 8:19 am    Post subject: Reply with quote

Young FRANKenstein wrote:
Kikomom wrote:
Does Immi not give a sort of receipt when they take your passport to process your ARC? Something to hold on your person in the interim?

Yes, they do. And if you don't have one, they were remiss in giving you one.

Perhaps I'm just to trusting; but I've never recieved any sort of reciept. However, they know me and I know them.
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