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Midnight run - complications? - how does it NOT work?

 
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Yesterday



Joined: 15 Aug 2003
Location: Land of the Morning DongChim (Kancho)

PostPosted: Mon May 15, 2006 5:58 pm    Post subject: Midnight run - complications? - how does it NOT work? Reply with quote

Ok - been here a long time - but never had to do a midnight run before - as all my jobs each year were always great...

however I think it was last week - I was reading the post of someone who stated that had done a midnight-run - then had to wait 6 months... whilst waiting for their previous visa to expire - before being able to apply and take a new teaching position...

I was always under the assumption that once a person were to depart the airport at Incheon - fly into another country and fly back to Incheon (even on the same day) WITHOUT a re-entry visa - that upon landing in Incheon and passing through immigration the former "work-visa" is immediately cancelled and THEREFORE THAT CANCELS the former contract - deeming the person to be UNDER NO contract and on a "tourist visa" therefore allowing the person to apply and take for another job immediately...

---- the only way this MAY not happen is if your employer reports you to Immigration before you make it out of the country... but then a midnight-run is called a midnight-run (not because one departs at midnight) - but because it catches the employer OFF-guard - unaware that you have left the country.....

can some experienced (perhaps those who have done it before - or are very knowledgable about the experience) - inform me - exactly what are the consequences and complications of cancelling ones contract by the the midnight-run - and whether one can apply and take another position immediately after returning to Korea.. (although the original contract/visa may have not been fully completed)....
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Homer
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PostPosted: Tue May 16, 2006 3:55 am    Post subject: Reply with quote

When you do a run and leave the country your work visa (if it is a single entry one) is invalidated.

However, your former employer can flag you with immigration and this can effectively prevent you from getting a new work visa until your previous visa would have expired (and it sometimes holds consequences beyond that).

For example if you ran at your 4th month, your visa would be cancelled but if you were flagged you could have to wait 8 more months before getting a new visa.

Your best bet, if you want to get a new job is to give notice and get a release. If that does not work immediatly get the Labour Board involved.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Tue May 16, 2006 2:18 pm    Post subject: Reply with quote

There is no difinitive answer to your question. Each case is different and each immigartion office has a different idea of what should or should not happen.

What should happen:
Teacher leaves, director is supposed to advise immigration within 14 days that your employment has ceased. Thus invalidating your E2. He can tell immi any cock and bull story he likes about why you left. This can be malicious, vindictive and out right lies. Immi does'nt care. This can harm your chances for later. Does it happen often, one wouldn't think so, but it can.

30 days notice and walk out with your dignity intact. Keep a copy of your letter of resignation to show immigration when you leave. Smile
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Hotpants



Joined: 27 Jan 2006

PostPosted: Tue May 16, 2006 11:30 pm    Post subject: Reply with quote

Don't do a midnight run if you have any intention to return. A midnight run can (sometimes) screw up your chances of getting employed again by various means - hogwan owners blacklists, immi not letting you re-apply for another E-2, not being even eligible to apply for a new E-2 until the old one expires, also possible legal action which could be taken by your ex-employer if you are still on Korean soil. Lots of potential complications which are better to avoid.

There must be a genuine reason why you want to leave, since you've already had a 5 yrs in Korea to date with apparent satisfaction. You must express your intention of quitting to the boss, give them notice, get a letter of release and then leave. If you've managed 5 yrs so far, another month or so shouldn't kill you. Don't do the midnight run. Any situation, no matter how bad, can always be resolved to your advantage.
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livinginkorea



Joined: 11 Jun 2004
Location: Korea, South of the border

PostPosted: Tue May 16, 2006 11:53 pm    Post subject: Reply with quote

I did a MNR this time last year after 3 months in my contract and came back that same month and got another visa. Don't see what the big fuss is all about. Also that hagwon said that they would go to immigration if I did a runner so I guess nothing happened with it.
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Wed May 17, 2006 4:49 pm    Post subject: Reply with quote

This is pure specution but:

If you did one and then got a job in a different area, for example you lived in Seoul and then got a job in Busan i think your chances of coming and going would be a lot higher than if you stayed in the same area......
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