Korean Job Discussion Forums

CanadianFury · Joined: 12 Aug 2009 Location: Ilsan

This happened to a friend of mine. He's an American who has been in Korea for 2 years. He sent this as a warning to E-2 visa holders so that the same thing doesn't happen to them. This is his letter to me as follows:

I renewed my contract for another year in my school. I was given all the proper documents and went to the Ilsan immigration office to get the visa extension. Everything was all fine and dandy. The officer signed the back of my ARC with the new expiration date (9.28.2010). I asked him what about my actual physical visa inside my passport cause that will expire on 9.22.2009 and I travel extensively during the holidays. He said that's fine what matters is the new date on the back of the ARC. So I asked a few other people if the same thing happened to them and they all said yes, all they do is sign the back of the ARC when you renew.

Fast forward to Chuseok. I went to the Philippines to see my family. When I was at the ticket counter the attendant looked at ARC cause the dates at the front have already passed. I told her to look at the back cause the new expiration date is there. So she looked at it and my ticket was issued to me no problem. Going through immigration they looked at my ARC and my visa and again no problem. They didn't ask to keep my ARC card like as if I wasn't coming back to Korea. They stamped my passport normally and I was on my way.

Coming back from Chuseok is when the problems started. At the immigration counter I was told the my visa is expired and I told the officer look at the back of ARC the new date is there. So I was then sent to the immigration office. They told me that I can't come in Korea with an e2 visa cause it's already expired. I told them how can that be I extended for a full year just check the date at the back of the ARC. They said that The new date on the ARC has no bearing with the visa. So bottom line they kept my ARC and granted me a tourist visa to get back to Korea, I was stripped of my e2 visa.

I told the school 1st thing in the morning the next day. So went to the main immigration office for my province. I was told that was what happened was when I renewed my visa I was granted a single entry visa and of course I didn't know about this cause I was never told. But again this doesn't make sense because 1st I have an US passport and we automatically get a multiple entry visa. 2nd if that was the case why was I issued a plane ticket without a problem and 3rd going through immigration they didn't ask for my ARC to keep.

So bottom line is that since I'm here on a tourist visa I can't work. So I lost my job at school. Immigration said that when I left on the 9.30 I was technically "fired." I didn't quit the school nor did I get fired, my school and I are actually on good terms so this was all a shock to us. My school is paying my severance pay from my 1st contract with them and the deposit that I put down in the apartment. Now what I have to argue is for my plane ticket. Cause what the school is telling me I technically broke the 2nd contract so they're not entitled to pay for my plane ticket. Again this doesn't make any sense cause they're giving me everything else that's owed to me from the 1st contract so I still have to argue this point. I didn't quit my job nor did I get fired by them. I lost my job cause of a monumental screw up by immigration.

So the moral of the story is to make sure you can come back into the country with your visa, even if you have a new date on the back of your ARC card. Any advice from people who have gone through similar dealings or know of anyone who as would be greatly appreciated.

OiGirl · Joined: 23 Jan 2003 Location: Hoke-y-gun

The problem is not with the date on the back of the ARC. The screw-up is not on the part of Immigration.

You don't automatically get a multiple-entry visa on a visa extension/renewal. Too bad your friend didn't know this. What happened the first time, if they had been in Korea for two years?

Good luck to your friend!

CanadianFury · Joined: 12 Aug 2009 Location: Ilsan

He worked a year, went home and came back a year later. This is his first time staying 2 years in a row.
The girl at the ticket counter should have said something. All she did was look at his ARC card and say it's ok. As did immigration on the way out of the country. If you leave the country with no intention of returning, you're supposed to return your ARC card. I'm just curious, shouldn't immigration have verified this before he left?

Konglishman · Joined: 14 Sep 2007 Location: Nanjing

Well, I hate to say this because it does sound like an extremely frustrating situation, but he should have checked to make sure he was granted multiple entry instead of single entry status. In fact, getting the regular multiple entry status costs a lot more than single entry status. The person who only granted single entry status, probably just assumed that he was not going to leave the country. When you are dealing with immigration anywhere in the world, you need to do your homework and ask a lot of questions.

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

joe412 · Joined: 01 Sep 2009

The same exact thing happened to me. My school tells me I owe them plane ticket money. As a result they are not giving me my housing security deposit (900,000) back.

I'm leaving on Tuesday even though my new contract was supposed to start September 1st.

Thanks Korea... for being organized, practical, and of course professional.

cruisemonkey · Posted: Fri Oct 09, 2009 10:41 am Post subject:

I for one am no longer amazed by the number of so-called adults with university degrees who run afoul of Immigration laws because they think they should have been "told".

Immigration (of any country) has no duty to explain the laws to you. Rather, it is incumbent upon you to inform yourself of the laws of the country you will/have entered.

The laws of your home country DO NOT APPLY. You have no rights (other than afforded by the country in which you are residing); and Mommy & Daddy cannot help you - in fact it's unlikely your embassy can.

Tell your friend to 'grow up'.

Mr. Pink · Joined: 21 Oct 2003 Location: China

cruisemonkey · Posted: Fri Oct 09, 2009 6:13 pm Post subject:

The lesson here is - one should never assume anything when dealing with Immigration.

While people may (justifiably) feel - "I should have been told" - when they run afoul of Immigration law, they fail to realize that to do so would entail them being taken aside for sixteen hours every time they entered or exited the country while every possible scenario was explained to them... and to do so would transfer the onus. It's not going to happen! This problem is exacerbated by: people's inability to use proper terminology i.e. confusing a visa extension with the period of sojourn; urban myths about 'grace periods' etc.; and, K-land's (in)famously 'uneven' application of Immigration law (an officer can never require more than specified under law, but they always require less)... anecdotal 'evidence' means nothing.

I know of no country where ignorance of the law is an acceptable defense. Airline employees and Immigration officers only care if one has broken the law - 'broken'... as in past tense - they don't/can't care about what someone might do in future.

Old Gil · Joined: 26 Sep 2009 Location: Got out! olleh!

This guy is a friend of mine too, what really sucks is that his school is trying not to pay for his ticket back to the US b/c he didn't complete the 2nd contract, even though he didn't use his return flight from completing the 1st one. Perfect 1-2 punch of shadiness/incompetence.

The Cosmic Hum · Joined: 09 May 2003 Location: Sonic Space

Rusty Shackleford · Joined: 08 May 2008

The way the renewal works for visa is weird. You have literally no proof that you renewed your visa, except for a scrawl on the back of your ARC. When I was coming back from my vacation in NZ, the kid at the check in desk almost didn't let me on the plane because I couldn't prove I had a visa. The visa stamp in my passport still said "08, so to him, it was expired. I showed him my ARC, but to him, it was expired too. Anyone could scrawl a date on the back of the card.

In the end he had to call some Korean dude over, who also said I wasn't legit. Luckily, I stayed calm and pressed him more, showing him my Re-entry visa, to which he relented and changed his mind. Next time I renew, I'm getting my passport stamped.

The Cosmic Hum · Joined: 09 May 2003 Location: Sonic Space

big_fella1 · Joined: 08 Dec 2005

Whilst I feel for your friend, I think the issue is not having a re-entry permit. US visas are issued with a multiple re-entry for 3 months from the date of issue of the visa. After that they require re-entry permits like everyone else (i'm not sure if they have to pay for them). Your friend should have got a re-entry permit.

I am not trying to say it is their fault and I do feel sorry for them, but it is an important lesson for everyone. Thank you for sharing.

Boodleheimer · Posted: Fri Oct 09, 2009 11:40 pm Post subject:

the following is very important:

YOUR EXTENSION DOES NOT GIVE YOU MULTIPLE ENTRY AUTOMATICALLY, EVEN IF YOU ARE AMERICAN. when you renew you contract and extend your visa, BE SURE TO PAY 50,000 won for the multiple entry (YES, AMERICANS, YOU, TOO!) then and there. it will prevent things like this from happening.