Korean Job Discussion Forums

[WendyRose]

My E-2 visa expires on September 12, 2009. However, I won't leave Korea until September 22, 2009 because my contract isn't complete until September 21st.

Is there a block of time I have after my Visa expires before I need to leave the country without running into fees/issues? Should I make my school aware of this or is it not a big deal?

[bundangbabo]

Damn right - they might use the expiry date as an excuse not to pay you your airfare back and stump up your severance.

'You have only done 11 months and xx days - no airfare, no severance - thank you for working with us - byeeeeeeeeeeee'

I remember it happening to someone on here - they were something ridiculous like 3 days short of their 12 months and they got stiffed - I think they were with GEPIK.

[cruisemonkey]

[u05emk2]

I'm in exactly the same position although I haven't taken any action to sort it out yet. My contract finishes 5 days after the E-2 runs out. Apparently it is very easy to sort out at the Immigration office as long as you have a letter of request from your employer. They will issue a new alien card and extend the visa. I'm glad I noticed the exact dates on my E-2 as I just assumed (wrongly) that they would make your visa last for as long as your contract.

[cruisemonkey]

This why I tell PS newbies not to be in a hurry to 'touch down' in K-land - the clock starts ticking the day you enter. For public positions, POEs/MOEs don't care they want the FT to arrive for 'orientation' more than a year before the FT's period of sojourn will expire. It's not their problem... and they don't care.

Despite what recruiters and employers say, Korea will not collapse if you are a few days 'late'.

I get a kick our of threads where newbies make plans to arrive early. They obviously haven't considered the legal ramifications of what they're planning... but then, these are people who probably don't understand the wording in their contracts -
"Huh... calendar days are not working days?"

[losing_touch]

[WendyRose]

Your "it's a very big deal" comment scared me, which prompted me to search outside the walls of Daves.

I found this link very helpful (for anyone in a similar situation): http://asktheexpat.blogspot.com/2009/05/how-long-and-how-can-you-overstay-your.html

Looks like it's not a big deal to get your visa extended for 30 days which is all I would need. Also, it said to check your ARC expiration date (mine is September 20th) because immigration officers look at that, not your visa.

My significant other had a problem at the airport when we went to Thailand in the winter -- he didn't have an ARC because we didn't think he needed one on an F3 visa. Anyway, they took him aside and asked him questions, said he should be a fee but they never asked for money. Then the stamped his passport and we left and then re-entered Korea without any problems.

I wonder if immigration will do anything if you overstay your visa by 48 hours? I'd rather take care of things and be a-okay, legally, but I'm sure many people have overstayed their visas without even realizing it until they got to the airport.

[u05emk2]

In my case I did a visa run to Japan and entered Korea before the contract officially began. I didn't actually think about it until I got the ARC issued and then I saw the dates were out. I know that each person should be responsible for themselves but I was a little surprised that nobody along the way (at Immigration or at the school) made me aware of the problem. I could have thought everything was fine and then found out the day before I had to leave. Then I would feel pretty foolish- but it does seem ridiculous that they don't just make your ARC valid for the length of your contract...

[bundangbabo]

[cruisemonkey]

[lifeinkorea]

[cruisemonkey]

Wendy,

Get this straight -
A 30-day exrension is for non-work purposes only. Because your contract expires after your period of sojourn, if you are paid for working after the expiry date, you will have worked illegally... and thus be subject to penalties under K law; possibly including: a fine, detention and/or deportation.

You must extend your period of sojourn for the purposes of work.

[cruisemonkey]

The W2,000,000 is not a bonus... it replaces the airfare reimbursement article in the 2008 contract. However, many have been led by recruiters to believe it is in addition to airfare (it's still happening on 'Dave's' Korean Job Board).

Many who renew their EPIK contracts for next March will be shocked to find they should have read their contracts before signing.

Recruiters will 'wash their hands' of the matter by saying "It was a mistake. I didn't make you sign the final contract between you and your employer." And the employer will say "I don't care what your recruiter told you... you signed the contract. What does it say?"

[WendyRose]

I see the distinction. Thanks for pointing it out. I guess I'll have to talk to my adviser about it.

Also, I know quite a few of you on Dave's are jaded from past experiences (either your own or someone else's), but my school won't leave me out to dry. They are well organized, kind and I have built a solid repertoire with my principal, vice principal, adviser, co-teacher and co-workers. The past teachers at my school have only said wonderful things. They received all their money and were treated with the utmost respect, just as I am.

Additionally, I got here one day before my contract began. The visa had been applied for about a week and a half before I came (for processing) and so that's the date that is on my visa. However, as I mentioned before, I'm pretty sure that your 1-year visa technically begins on the day you arrive in Korea which, for me, was the day before I began my contract. That is the date that is on my ARC.

If worse comes to worse then I'll use my vacation days (I have 3 left) for my last few days in Korea and leave the Sunday before my visa expires.

Lastly, you all are acting like they are going to cut my arms off if I walk through the departure terminal and my visa expired 24-48 hours prior. I'm sure it's an inconvenience and a fee is associated with it, but it's not the end of the world and I'm obviously planning months in ahead to avoid any issues.

[losing_touch]