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Immigration and Deportation
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Wed Nov 22, 2006 3:15 am    Post subject: Immigration and Deportation Reply with quote

With all the recent rumours of a massive immigration crackdown on foreigners working in Korea, I wanted to sift through the misinformation out there and clarify a few issues while posing some questions:

1. I heard recently that over 250 foreigners were deported for engaging in employment without the proper visa documents (both full time and part time employment). Any truth to this claim?

2. What exactly is the status needed to engage in part time employment? Does one need permission submitted to immigration from the employer on one's visa?

3. Does anyone know someone who has been deported? If so, what is the process? How long do they have to leave Korea? Is the individual fined (how much)? Are they detained if the fine is not paid? Can they re-enter Korea again?

4. Another post claimed that some immigration locations outside of Seoul are less stringent and controlled when leaving Korea. If there any truth to these claims?

Disclaimer: It is important for me to completely understand the laws of any country that I reside in to prevent possible misinterpretations and misunderstandings. Any credible information and knowledge would be greatly appreciated.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Wed Nov 22, 2006 4:15 am    Post subject: Reply with quote

Quote:
250 foreigners


Just a drop in the bucket if Korean immigration was serious about doing its job. Wink
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Wed Nov 22, 2006 4:46 am    Post subject: Reply with quote

Oh, and why the great concern, OP?
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Homer
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PostPosted: Wed Nov 22, 2006 5:12 am    Post subject: Reply with quote

Quote:
1. I heard recently that over 250 foreigners were deported for engaging in employment without the proper visa documents (both full time and part time employment). Any truth to this claim?


Seems like a big number...it really isn't and it is very possible.


This could be about the D. Kang thing last year.


Quote:
2. What exactly is the status needed to engage in part time employment? Does one need permission submitted to immigration from the employer on one's visa?


On an E-2 private lessons are illegal.

As for part-time work, you can obtain permission from your employer and from immigration to work at another location besides your school. This needs to be official.


Quote:
3. Does anyone know someone who has been deported? If so, what is the process? How long do they have to leave Korea? Is the individual fined (how much)? Are they detained if the fine is not paid? Can they re-enter Korea again?



I have known a few people who got deported over the years and others I just heard of.

How long did they have?
This depended on the situation but usually it was not much longer than a week.

The fine varies according to the charges. It ranges from a couple of million won to more.

If you do not pay, they detain you until you do. If you are also to be deported, you need to pay for your own flight out and if you cannot they detain you until you do.

Upon deportation you usually cannot re-enter Korea for a fixed period.

Quote:
4. Another post claimed that some immigration locations outside of Seoul are less stringent and controlled when leaving Korea. If there any truth to these claims?


There might be but I sure would not bank on that information if I was you.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Nov 22, 2006 5:31 am    Post subject: Re: Immigration and Deportation Reply with quote

justin moffatt wrote:
With all the recent rumours of a massive immigration crackdown on foreigners working in Korea, I wanted to sift through the misinformation out there and clarify a few issues while posing some questions:

1. I heard recently that over 250 foreigners were deported for engaging in employment without the proper visa documents (both full time and part time employment). Any truth to this claim?

That is about the AVERAGE monthly number of persons who are ordered out of the country. Most are DDD workers.

2. What exactly is the status needed to engage in part time employment? Does one need permission submitted to immigration from the employer on one's visa?

You must apply for AND receive permission to "Add or change place of work" from the immigration office that has jurisdiction where you LIVE.

3. Does anyone know someone who has been deported? If so, what is the process? How long do they have to leave Korea? Is the individual fined (how much)? Are they detained if the fine is not paid? Can they re-enter Korea again?

I know about 400 persons who have been deported. Again, most were migrant factory workers. The process is arrest, detention, determination of the case and deportation. Fines can vary depending on circumstances up to several MILLION won per case. If you cannot pay you will be detained until arrangements for payment are made. You will also have to pay for your flight out or remain in detention. You will remain in detention until your departure. It is NOT a free ride home.

If you are issued an EXIT order and leave you can re-enter after a short time. If you are DEPORTED you will be banned for a period of not less than 5 years.


4. Another post claimed that some immigration locations outside of Seoul are less stringent and controlled when leaving Korea. If there any truth to these claims?

I don't know anything about this. Perhaps you can ask the 30 or so detainees in the Suwon immigration detention center who are awaiting adjudication of their cases? Perhaps they can give you a better idea of enforcement outside of Seoul.

Disclaimer: It is important for me to completely understand the laws of any country that I reside in to prevent possible misinterpretations and misunderstandings. Any credible information and knowledge would be greatly appreciated.
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Wed Nov 22, 2006 6:54 am    Post subject: To ttompatz and homer: Reply with quote

Thanks again for the useful and informative postings. I find it extremely interesting that so many foreigners are willing to accept the risks mentioned for some extra money.

On the other hand, virtually every individual I have met in Korea has been pressured at one time or another to work (either temporarily or pemanently) for some form of institution without the proper documents needed for immigration (either promises of later processing or none at all).

My decision not to remain in this country is even more reinforced by these issues and concerns discussed.
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Homer
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PostPosted: Wed Nov 22, 2006 7:44 am    Post subject: Reply with quote

Up to you moffatt.

You should know that many of us have not been pressured to work at other locations illegally. I know I have not.

However, had an employer done that, I would have refused and if that did not solve the issue then its notice and quit.
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justin moffatt



Joined: 29 Aug 2006

PostPosted: Thu Nov 23, 2006 7:09 am    Post subject: Reply with quote

I just heard recently that if one is deported that one cannot reenter Korea for over 5 years! Any truth to this? Seems pretty harsh for individuals engaging in temporary part time work. Some temporary jobs (even for one day) would be extremely difficult to get a letter of permission for. Any thoughts?
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Nov 23, 2006 8:17 am    Post subject: Reply with quote

justin moffatt wrote:
Seems pretty harsh for individuals engaging in temporary part time work.

You mean temporary part-time ILLEGAL work, don't you?

Quote:
Any thoughts?

Yeah. Don't break Immigration Laws and you won't have to worry about deportation or a Do Not Return placed on your file.
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Homer
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PostPosted: Thu Nov 23, 2006 8:42 am    Post subject: Reply with quote

moffatt,

You may feel it is harsh but then again you are talking about someone breaking local laws.
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ajuma



Joined: 18 Feb 2003
Location: Anywere but Seoul!!

PostPosted: Thu Nov 23, 2006 9:31 am    Post subject: Re: To ttompatz and homer: Reply with quote

justin moffatt wrote:
Thanks again for the useful and informative postings. I find it extremely interesting that so many foreigners are willing to accept the risks mentioned for some extra money.


As ttompatz said, many of these workers are factory/farm workers from VERY poor countries. The risk is worth it if in YOUR country, the average earnings per day are $1-$2!!

As for teachers, is the risk worth it? It all depends on you. For me, NOT WORTH IT!!! I love my job and wouldn't jeopardize it for a couple of privates. Others have different opinions.

Question: How do YOU feel about "illegal workers" in YOUR home country??
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Homer
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PostPosted: Thu Nov 23, 2006 10:18 am    Post subject: Reply with quote

Very good point Ajuma as many people will come down hard on illegal workers back in their home countries but will somehow change their tune when they in turn are considering doing illegal work and could possibly face consequences.
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Thu Nov 23, 2006 5:16 pm    Post subject: Reply with quote

The big reason to not teach privates for me, is that it's in my contract. I'm not allowed to teach outside the school without permission. Most teachers scream blue murder if a school violates their contract, so why do they feel they have the right to?
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Thu Nov 23, 2006 6:58 pm    Post subject: Reply with quote

We had one girl get caught. She was on a plane the next day.

Ask for part time work..that's why I love my F-2. The place I am at now give me more than enough overtime if I want it. Work down town for the university for 60k an hour teaching adults or go to some kids house for 40-50k. Duh. Which would you do?
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Homer
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PostPosted: Fri Nov 24, 2006 5:14 am    Post subject: Reply with quote

CLG you make a very good point...but sadly it makes far too much sense!

You should know by now it is completely acceptable to teach illegal privates and break your contract but that it is completely unacceptable for your school to even change or to work a little outside your contract. Laughing
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