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Why does nothing go smoothly for me in this country?
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seonsengnimble



Joined: 02 Jun 2009
Location: taking a ride on the magic English bus

PostPosted: Thu Feb 25, 2010 4:15 am    Post subject: Why does nothing go smoothly for me in this country? Reply with quote

*Very long rant, but a very frustrating day today.

Last year, I worked for a pretty good hagwon. My pay and hours were good, and I had a lot of freedom in my classroom. It was good, but I decided to move up to a University so that I could visit home more often and have more time to pursue graduate studies. I let my school know my plans several months ago, and they were fine with it. I gave them plenty of notice and assisted my replacement teacher.

I looked all over for a good uni position and finally landed a great one with 15 contact hours per week, three months paid vacation and very good pay. I left a month before the end of my contract at my hagwon so that I could visit friends and family I haven't seen in three years before the start of my new job. I went home for a couple of weeks, came back to Korea and got all of the documents from my new school that they had been processing over the last few weeks.

I went to immigration with all of my documents prepared to transfer my visa to my new employer and renew it. I had a signed and stamped letter of release from my previous school, and I was looking forward to starting work next week at a fantastic job with no hitches.

My previous employer, however thought she needed to cancel my visa in order for me to start work at my new job, and she didn't mention this to me at any point. My visa was canceled at the beginning of February.

Had it not been canceled, I could have transferred the visa and renewed it with no problems. If I was informed that it was canceled, I could have obtained a new visa number and gotten the visa stamp while I was in America.

Now I need to leave Korea ASAP because I am here illegally and have been for two weeks, and I hope my new employer will get a new visa for me and I can return soon.

One would think that a piece of information like "you have no visa" would be passed on to the person with no visa.


Last edited by seonsengnimble on Fri Feb 26, 2010 7:53 am; edited 1 time in total
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hockeyguy109



Joined: 22 Dec 2008
Location: Daegu

PostPosted: Thu Feb 25, 2010 4:21 am    Post subject: Re: Why does nothing go smoothly for me in this country? Reply with quote

Breath deep. Drink some soju. Relax.

It sounds like a big misunderstanding between you and the employers. It will all be resolved. Don't worry too much. Think on the positive: New kick butt job at a University and a new change of pace.


Heck, if you don't want the University job, I'll take it! Smile
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seonsengnimble



Joined: 02 Jun 2009
Location: taking a ride on the magic English bus

PostPosted: Thu Feb 25, 2010 4:28 am    Post subject: Re: Why does nothing go smoothly for me in this country? Reply with quote

hockeyguy109 wrote:
Breath deep. Drink some soju. Relax.

It sounds like a big misunderstanding between you and the employers. It will all be resolved. Don't worry too much. Think on the positive: New kick butt job at a University and a new change of pace.


Heck, if you don't want the University job, I'll take it! Smile


Yeah, I hear you. Thanks. I thought my previous employer could have done the visa cancellation to spite me, but had I taken the first job I was offered, I would have had my visa transferred and renewed before it was canceled since they gave me a release letter for the end of january and one for the end of february. So it is pretty much a misunderstanding.

I wonder if I can get an exit stamp and a tourist visa by taking a raft to a harbor at Incheon, handing in my arc, rowing into international waters and returning to the same harbor.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Feb 25, 2010 6:51 am    Post subject: Reply with quote

I would say that your bigger problem than the tourist visa is getting another work visa. Since you overstayed, you'll likely have to pay a fine. It can also determine whether or not they even approve a new work visa - or as with others who overstayed, they could require a consular interview in your home country.

The other problem is, since its a university, I assume they want you start march 1. Since your visa has already been canceled and you are no longer eligible to transfer employers you'll need to apply for a whole new work visa from scratch with a complete new set of documents.

Assuming you have all the documents you need for a new visa now and don't need to order, notarize or apostille anything, you're still looking at about a week or two or three just for kimmi to process them and give you a visa issuance number. Then you have to leave korea again to get the visa and come back before you can start working. The few weeks delay means your uni might just write you off and take someone who can start immediately. (For example, hockey109 seems to be available)

Hopefully that doesn't happen, but these are all possibilities. Good luck getting it sorted.
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Juregen



Joined: 30 May 2006

PostPosted: Thu Feb 25, 2010 9:04 am    Post subject: Re: Why does nothing go smoothly for me in this country? Reply with quote

seonsengnimble wrote:


One would think that a piece of information like "you have no visa" would be passed on to the person with no visa.


That is indeed unfortunate. But i got fined for not canceling a Visa when the teacher left the country.

You should have transferred the visa BEFORE you left, if it was possible.
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roknroll



Joined: 29 Dec 2007

PostPosted: Fri Feb 26, 2010 4:24 am    Post subject: Reply with quote

Quote:
I left a month before the end of my contract


Quote:
My visa was canceled at the beginning of February


Did she cancel your visa before or after you left? If before, then the amount of days before you left would be the overstaying. Immi should have sent you a text or at least I receive one when I have one month left on my contract. Given the situation, one would hope they would overlook this-perhaps with a visit or letter from your hagwon. Of course it's too late now but it may help out if they are considering levying a fine. The normal procedure is to go down to Immy with your employer, cancel the visa and obtain an extension if needed. Given your employer unilaterally cancelled the visa, Immy should at least be able to clarify with the employer about your knowledge of it and plans.

If the visa was cancelled after you left, then there wouldn't be an overstay issue. Whether you had a single or multiple entry on your visa wouldn't matter b/c once the visa is cancelled that's it. So, I'm either too tired right now to work it out or there shouldn't be a problem with your status now because you have left and come back on a tourist visa (unbeknownst to you at the time of course). Which begs the question: Did Immy not ask you for your ARC at the airport when you were leaving? If no, then she must've cancelled it after you left. So there wouldn't be an overstay problem. But Immy should have asked for your card upon returning since it had been cancelled. This is where you should have learned about it. At any rate, you should be on a tourist visa now....so why would you be here 'illegally'?

When you said you left the hagwon a month before the contract was up, I took it to mean that you finished working there and were simply using the remaining time to visit relatives and then come back and prepare for the new job. The only other thing I can think of as to why you've been here illegally is that you came back and worked at the hagwon again on a cancelled visa.
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Fri Feb 26, 2010 4:50 am    Post subject: Re: Why does nothing go smoothly for me in this country? Reply with quote

Juregen wrote:
seonsengnimble wrote:


One would think that a piece of information like "you have no visa" would be passed on to the person with no visa.


That is indeed unfortunate. But i got fined for not canceling a Visa when the teacher left the country.

You should have transferred the visa BEFORE you left, if it was possible.


I just transferred my visa to a new school a couple of weeks ago. You can't do it until two weeks before the end of your letter of release. I had to wait until after lunar new year, after I wasted my time at immi the week before for no good reason. Should have done my research more. :/ If you're renewing with the same school, you can extend two months before your contract ends, but not if you change schools. It's possible he wouldn't have been able to do it yet.
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Trevor



Joined: 16 Nov 2005

PostPosted: Fri Feb 26, 2010 5:12 am    Post subject: Reply with quote

This can all be solved by an overnight trip to Fukuoaka. Try Agoda.com if you want to stay in a hotel, or if you want to go to a fun backpacker's place, go to Khaosan, for like twenty bucks a night:
http://www.khaosan-fukuoka.com/

No biggie. I've gotten out of bigger jams with Immi. It all ends up even.
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Seoulio



Joined: 02 Jan 2010

PostPosted: Fri Feb 26, 2010 6:46 am    Post subject: Reply with quote

Unless I am missing somthing you are pissed off at your old boss for doing what she should have done when you quit.

I am baffled why you thin someone should tell you that you have no visa especially if you didnt tell the person cancelling it that you do not want it cancelled as you are transferring to another school.

Either way, her cancelling your Visa for employment with HER school is what she should do, and I would think you should have gotten your Visa transferred before you left KOrea.

I mean unless you left those details in your lon ( which wasnt actually that long) rant then you have no one to blame but yourself for lack or communication.
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seonsengnimble



Joined: 02 Jun 2009
Location: taking a ride on the magic English bus

PostPosted: Fri Feb 26, 2010 7:39 am    Post subject: Reply with quote

Seoulio wrote:
Unless I am missing somthing you are pissed off at your old boss for doing what she should have done when you quit.

I am baffled why you thin someone should tell you that you have no visa especially if you didnt tell the person cancelling it that you do not want it cancelled as you are transferring to another school.***

Either way, her cancelling your Visa for employment with HER school is what she should do, and I would think you should have gotten your Visa transferred before you left KOrea.

I mean unless you left those details in your lon ( which wasnt actually that long) rant then you have no one to blame but yourself for lack or communication.


I wasn't upset with my old boss, just the situation. Or rather, I was upset with my old boss, but didn't think she canceled the visa out of malice. The lack of communication between myself and her was my fault, true. I should have been more clear in what I needed for my transition rather than work under the assumption that she knew what specific steps I was going to take with immigration.

The main reason I was upset was that I wasn't informed about my visa being canceled.

The situation has been resolved, or at least for the time being. I bought a ticket for fukuoka in a few weeks, and immigration extended my stay. Hopefully, a visa number will be issued before my trip.

One thing I'm not clear about however is the tourist visa situation. In my case, when I entered Korea, showed them my arc and proceeded through immigration, would I have had a tourist visa by default or is the tourist visa an actual stamp?


*** Wouldn't you like to know if your visa was canceled if you made all of your arrangements for a visa transfer? Transferring a visa requires leaving your passport and arc at immi for a couple of days and a couple of fees. Getting a new visa requires waiting a couple of weeks and flying to another country. Canceling a visa and getting a new one doesn't require a letter of release. The understanding I thought I had with my boss was that I would be transferring my old visa to the new school. Had I known that it was going to be canceled, I would have had my new school apply for a visa so that I could get a stamp while out of Korea.
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Seoulio



Joined: 02 Jan 2010

PostPosted: Fri Feb 26, 2010 8:01 am    Post subject: Reply with quote

If I was leaving the country and had not told my boss that I didnt want her to cancel my visa then I WOULD know my visa was being cancelled.

That's my point.

You want someone to explain something to you that is a total and complete given when leaving a job.

SO to be honest, no I wouldnt expect or want something explained to me when common sense basically dictates its a given.

if you no longer work for a school, you no longer have a valid Visa with them, so that they can get a new one for the new teacher.
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seonsengnimble



Joined: 02 Jun 2009
Location: taking a ride on the magic English bus

PostPosted: Fri Feb 26, 2010 8:09 am    Post subject: Reply with quote

Seoulio wrote:
If I was leaving the country and had not told my boss that I didnt want her to cancel my visa then I WOULD know my visa was being cancelled.

That's my point.

You want someone to explain something to you that is a total and complete given when leaving a job.

SO to be honest, no I wouldnt expect or want something explained to me when common sense basically dictates its a given.

if you no longer work for a school, you no longer have a valid Visa with them, so that they can get a new one for the new teacher.


If you were transferring your visa, you wouldn't expect it to be valid up to the point of the date on your letter of release?

You wouldn't expect to be told either that your letter of release is meaningless or at least that your visa and arc are no longer valid when you enter the country and go through immigration with no visa?

Yes, under most circumstances, when you leave a job your visa is canceled. If you mention, however that you need a letter of release and that you plan on transferring the visa to the new school, when they agree, you would not assume your visa was going to be canceled. You can't transfer a canceled visa.
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roknroll



Joined: 29 Dec 2007

PostPosted: Fri Feb 26, 2010 9:50 am    Post subject: Reply with quote

Quote:
One thing I'm not clear about however is the tourist visa situation. In my case, when I entered Korea, showed them my arc and proceeded through immigration, would I have had a tourist visa by default or is the tourist visa an actual stamp?


It's an actual stamp. It would say admitted until such and such a date. So if it was indeed cancelled when you came back, they must've overlooked the fact...doesn't seem likely though cus they have all the info in front of them...at which point you should've been asked for your card right there and then.

Quote:
I should have been more clear in what I needed for my transition rather than work under the assumption that she knew what specific steps I was going to take with immigration.


good lesson for all...

Quote:
If I was leaving the country and had not told my boss that I didnt want her to cancel my visa then I WOULD know my visa was being cancelled.


Not necessarily. You're making an assumption based on a particular situation you have in mind and are thus as fallible as the OP you are chastising. Granted that this assumption of yours could be probable given the particular situation you're thinking of, it's not necessarily the case here...think it's been laid out clearly enough in the response.

Quote:
if you no longer work for a school, you no longer have a valid Visa with them, so that they can get a new one for the new teacher


and this is at the heart of your assumption. then she should not have signed a letter of release and instead tell the OP that she needs to cancel the visa in order to acquire one for the new FT (not 'helping' him by cancelling it after providing a LOR). I realize that employers have restrictions on sponsoring E2s, but what they are here exactly I know not. Do they need to be back to back exactly or can there be some overlap? Have circumstances changed at the hagwon whereby they'll need to get yet another FT? etc. If I negotiated my holidays for the last 2 wks on my contract so I could travel in the country, would this be illegal by Immy law? Let's assume that there's only 1 FT and the replacement FT will commence when I travel.
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Seoulio



Joined: 02 Jan 2010

PostPosted: Fri Feb 26, 2010 3:19 pm    Post subject: Reply with quote

seonsengnimble wrote:
Seoulio wrote:
If I was leaving the country and had not told my boss that I didnt want her to cancel my visa then I WOULD know my visa was being cancelled.

That's my point.

You want someone to explain something to you that is a total and complete given when leaving a job.

SO to be honest, no I wouldnt expect or want something explained to me when common sense basically dictates its a given.

if you no longer work for a school, you no longer have a valid Visa with them, so that they can get a new one for the new teacher.


If you were transferring your visa, you wouldn't expect it to be valid up to the point of the date on your letter of release?

You wouldn't expect to be told either that your letter of release is meaningless or at least that your visa and arc are no longer valid when you enter the country and go through immigration with no visa?

Yes, under most circumstances, when you leave a job your visa is canceled. If you mention, however that you need a letter of release and that you plan on transferring the visa to the new school, when they agree, you would not assume your visa was going to be canceled. You can't transfer a canceled visa.



I don't know man, nor do I care about the logistics of your particular case. A letter of release is for you for whatever you need, An employer can cancel your VISA from their end. You are basically asking your employer to have read your mind. What you would expect...... thats making assumpotions, which you should not do with something that was clearly important enough to have had a conversation saying, "hey please don't......"
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Seoulio



Joined: 02 Jan 2010

PostPosted: Fri Feb 26, 2010 3:23 pm    Post subject: Reply with quote

oh and to rock and roll, At the heart of YOUR assumptions is that the school admins knows what the hell the letter or release actually does.

My last boss had no idea how the immigration end process actually worked, didnt know the purpose of a LOR etc. She was just the kind of idiot who would have given a letter of release and then had your visa done by the next day.

However GENERALLY if you stop wroking for a company, after a month your VISA is not going to still be uncancelled by your employer
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