Korean Job Discussion Forums

[Law256]

After being in Korea for years now, I've come to accept that nothing at a government or official level ever actually goes smoothly, and I've come to expect complete incompetence from the bottom all the way up to the top. I've renewed visas, extended them and gotten new ones. I've been to immigration so many times, they should have a parking spot with my name on it. It's ok, I'm an easy going person, I hardly ever get irate. I'm rational. I'm a thinker.

Anyhow, this week's struggle involves the simple task of transfering my E2 visa from one academy to another. Fairly straight forward, if you have the correct documents, and paperwork. I'd know, I've done it before. More than once. At the same office. The same EXACT office. I've been in Korea for six consecutive years now.

Basic info:

-I got my most recent E2 on June 1st, 2008. I got an FBI background check, I was fingerprinted, I had it notorized, and apostilled in my home state. I flew there persoinally to get all of this done, at my own expense. I presented all of the new required documents to immigration last year, and was granted my new E2 under those new requirements. I got a health check (had to go twice because they actually botched my first one!)

-I am finishing my current contract, without problems.

-I have my current and future boss's full cooperation, including letters of release in both Korean and English stating that I have full permission to change jobs, stamped with the official company seal.

-I have my alien card, passport, degree, transcripts, money and application to transfer the E2 correctly filled out.


Conversation at Immigration office:

Me: Hello, I would like to transfer my visa, I have all of the required documents.

Officer: Alien card and passport please. Oh, you cannot transfer. Your alien card expires in September.

Me: What does my alien card have to do with my visa, work, or contract?

Officer: "Your alieeen carduuu expire September, you must stay at your job until September."

Me: I think you are confused, my contract ends in June 1st, my visa expires in June. I cannot work my job until September.

Officer: "To transfer visa, you must work your job 3/4 of the contract time at least."

Me: I'm trying to remain calm, but as you can see from my contract and passport, and signed letter of release, I'm only 10 days away from COMPLETING a 365 day contract.

Officer: Your alien card says September, you cannot transfer your work visa early. You must complete 3/4 of your contract in order to transfer.

Me: My alien card is NOT sponsored by my employer. Korean immigration law states "It is legally required that you apply for an alien card within 90 days of arriving in Korea if you intend to stay beyond that time". I arrived in June, and had to wait 80 days to get an alien card (because the hospital LOST my blood and urine samples and I had to re-do the medical check and wait even longe than planned!) but I still applied for and got my alien card within the required 90 days, and within the law. That is why my visa and alien card do not have the same dates on them.

Officer: You cannot transfer your visa until you complete 9 months at least at your job.

At this point, I could tell that it was just another day at a Korean government office, with employees who cannot even interpret the laws that were proposed, enacted, and supposedly enforced by the very department that signs their paychecks. The conversation was going in circles. According to the lady at the immigration desk, my visa and contract have nothing to do with transfering my visa or staying in Korea. It is all based on my alien card. Of course, everyone here, and myself know that an alien card is not a visa, and if my visa expires before my alien card does, I must leave the country at that time. Just because my alien card says September, doesn't mean I can violate my visa and stay here until September. I am trying to do the most simple of things.

Should I perhaps go to another immigration office?

Should I perhaps ask to speak with someone else at the immigration desk? There is a langauge barrier. While I can speak and comprehend Korean decently, I cannot discuss legal matters at any depth.

Any suggestions? Waiting for my visa to expire and going back to my country and getting another set of documents is out of the question. Car rental, hotel, and airfare cost me more than $3500 last time I had to go through that.

[Forward Observer]

It's simple man. Get yourself a Korean to speak for you. Then they'll understand.

[Adventurer]

I can understand the problem. I transferred jobs, and it was based on my ARC. I transferred my workplace on December 14th, and it was based on my ARC expiring on April 14th. Technically, I started in March, but immigration goes based on the ARC, in general. When I transferred, they didn't bother looking at my contract, and they only transferred my place of work, and then I ended up illegal and had to pay a small fine after I found out from the pension office, and not immigration, that I was illegal for 30 days or so. It wasn't a huge fine, at least. I was a little upset, but I wasn't surprised.

[sendittheemail]

I'm having the same problem right now. All I can say is good luck. I had Koreans go with me (actually the director of the school that sponsored my E2), and was told the same thing. So basically, like the poster above, yourself, and I'm sure many others, I'll either have to work illegally or simply sit around until my alien card expires, despite meeting all of the requirements that are posted in the labor act to transfer my visa.

[OculisOrbis]

thats weird that they put your ARC date past the date of your contract....they look at the contract end date to determine the time that you have sponsorship from your employer. when youre sponsorship period is over (contract ends) that should also be the end of your period of sojourn, too.

I 've seen ARC where there was a few days difference between the ARC date and the contract date, but four months difference make me think someone at immi F'd up the first time you were there.

BTW they will never admit they made a mistake so there's no use in pointing out the obvious b/c the will just deny it.

[Adventurer]

[OculisOrbis]

it's one year from the date of your arrival in korea under the E-2 in your passport - thats why theres sometimes a few days difference between your ARC and contract dates. people really need to be aware of the differences between the two b/c you could end being illegal when you think everything is fine. they should not have made it one year from the date you went in to apply for your ARC - and even if they did, i'm pretty sure you have only 90 days from your arrival to go in person to apply for your ARC, not more than that. somebody at immi made a mistake by granting you more than one year from the date of your arrival.

[jkelly80]

As I was told by the US Embassy,(paraphrasing but very close) "We will not intervene in any irregularities involving Korean immigration. We think they're taking an antagonistic stance b/c they don't want English teachers here. They think you're sex offenders. To argue with them would play into their hands."