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Working in Korea without a work visa?

 
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DJHDef



Joined: 12 Mar 2007

PostPosted: Mon Apr 16, 2007 6:36 am    Post subject: Working in Korea without a work visa? Reply with quote

It seems to me that a lot of job offers in Korea don't arrange for the foreigner to obtain a work visa before they go to Korea and start the job. Why is this? Isn't this illegal? Is it too difficult for the foreigner to obtain the work visa on their own prior to going to Korea? Is there too much risk for the employer or something? I don't understand.
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merkurix



Joined: 21 Dec 2006
Location: Not far from the deep end.

PostPosted: Mon Apr 16, 2007 8:00 am    Post subject: Re: Working in Korea without a work visa? Reply with quote

DJHDef wrote:
It seems to me that a lot of job offers in Korea don't arrange for the foreigner to obtain a work visa before they go to Korea and start the job. Why is this? Isn't this illegal? Is it too difficult for the foreigner to obtain the work visa on their own prior to going to Korea? Is there too much risk for the employer or something? I don't understand.


As a general rule, hagwons and public schools should arrange for a visa run in Japan soon after the orientation period at their expense. This is sometimes done in Korea, but sometimes you may have to do it with the nearest Korean consulate in your home country. They should reimburse you for all expenses incurred in obtaining the visa (show receipts upon arrival). However and from my experience, uni jobs are not responsible for any financial arrangements for a visa run. You have to pay to take care of all of it (you have to pay for a visa that they will own, go figure).

What's illegal is if you are working without a visa.
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DJHDef



Joined: 12 Mar 2007

PostPosted: Mon Apr 16, 2007 8:21 am    Post subject: Re: Working in Korea without a work visa? Reply with quote

merkurix wrote:
DJHDef wrote:
It seems to me that a lot of job offers in Korea don't arrange for the foreigner to obtain a work visa before they go to Korea and start the job. Why is this? Isn't this illegal? Is it too difficult for the foreigner to obtain the work visa on their own prior to going to Korea? Is there too much risk for the employer or something? I don't understand.


As a general rule, hagwons and public schools should arrange for a visa run in Japan soon after the orientation period at their expense. This is sometimes done in Korea, but sometimes you may have to do it with the nearest Korean consulate in your home country. They should reimburse you for all expenses incurred in obtaining the visa (show receipts upon arrival). However and from my experience, uni jobs are not responsible for any financial arrangements for a visa run. You have to pay to take care of all of it (you have to pay for a visa that they will own, go figure).

What's illegal is if you are working without a visa.


Interesting. But if that's the case, how does one guarantee conditions with the employer before starting the job without the visa? As I see it, since you need a contract to obtain a visa, nothing is legally binding until the visa is obtained, correct? Is this just a risk that most foreigners are resigned to deal with?
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merkurix



Joined: 21 Dec 2006
Location: Not far from the deep end.

PostPosted: Mon Apr 16, 2007 8:32 am    Post subject: Re: Working in Korea without a work visa? Reply with quote

DJHDef wrote:
merkurix wrote:
DJHDef wrote:
It seems to me that a lot of job offers in Korea don't arrange for the foreigner to obtain a work visa before they go to Korea and start the job. Why is this? Isn't this illegal? Is it too difficult for the foreigner to obtain the work visa on their own prior to going to Korea? Is there too much risk for the employer or something? I don't understand.


As a general rule, hagwons and public schools should arrange for a visa run in Japan soon after the orientation period at their expense. This is sometimes done in Korea, but sometimes you may have to do it with the nearest Korean consulate in your home country. They should reimburse you for all expenses incurred in obtaining the visa (show receipts upon arrival). However and from my experience, uni jobs are not responsible for any financial arrangements for a visa run. You have to pay to take care of all of it (you have to pay for a visa that they will own, go figure).

What's illegal is if you are working without a visa.


Interesting. But if that's the case, how does one guarantee conditions with the employer before starting the job without the visa? As I see it, since you need a contract to obtain a visa, nothing is legally binding until the visa is obtained, correct? Is this just a risk that most foreigners are resigned to deal with?


Others might know more about this than I do, but the visa provision should be stipulated in writing in the contract. I would like to assume that nothing is binding until you have a visa and are legally capable of working legally. However, not having one could make you complicit in not only contract breaching (if it happens) but also working illegally.
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DJHDef



Joined: 12 Mar 2007

PostPosted: Mon Apr 16, 2007 9:42 am    Post subject: Re: Working in Korea without a work visa? Reply with quote

merkurix wrote:
DJHDef wrote:
merkurix wrote:
DJHDef wrote:
It seems to me that a lot of job offers in Korea don't arrange for the foreigner to obtain a work visa before they go to Korea and start the job. Why is this? Isn't this illegal? Is it too difficult for the foreigner to obtain the work visa on their own prior to going to Korea? Is there too much risk for the employer or something? I don't understand.


As a general rule, hagwons and public schools should arrange for a visa run in Japan soon after the orientation period at their expense. This is sometimes done in Korea, but sometimes you may have to do it with the nearest Korean consulate in your home country. They should reimburse you for all expenses incurred in obtaining the visa (show receipts upon arrival). However and from my experience, uni jobs are not responsible for any financial arrangements for a visa run. You have to pay to take care of all of it (you have to pay for a visa that they will own, go figure).

What's illegal is if you are working without a visa.


Interesting. But if that's the case, how does one guarantee conditions with the employer before starting the job without the visa? As I see it, since you need a contract to obtain a visa, nothing is legally binding until the visa is obtained, correct? Is this just a risk that most foreigners are resigned to deal with?


Others might know more about this than I do, but the visa provision should be stipulated in writing in the contract. I would like to assume that nothing is binding until you have a visa and are legally capable of working legally. However, not having one could make you complicit in not only contract breaching (if it happens) but also working illegally.


Either way, you would absolutely recommend having a contract written up prior to starting the job, regardless of when the visa is obtained, yes?
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merkurix



Joined: 21 Dec 2006
Location: Not far from the deep end.

PostPosted: Mon Apr 16, 2007 9:52 am    Post subject: Re: Working in Korea without a work visa? Reply with quote

DJHDef wrote:
merkurix wrote:
DJHDef wrote:
merkurix wrote:
DJHDef wrote:
It seems to me that a lot of job offers in Korea don't arrange for the foreigner to obtain a work visa before they go to Korea and start the job. Why is this? Isn't this illegal? Is it too difficult for the foreigner to obtain the work visa on their own prior to going to Korea? Is there too much risk for the employer or something? I don't understand.


As a general rule, hagwons and public schools should arrange for a visa run in Japan soon after the orientation period at their expense. This is sometimes done in Korea, but sometimes you may have to do it with the nearest Korean consulate in your home country. They should reimburse you for all expenses incurred in obtaining the visa (show receipts upon arrival). However and from my experience, uni jobs are not responsible for any financial arrangements for a visa run. You have to pay to take care of all of it (you have to pay for a visa that they will own, go figure).

What's illegal is if you are working without a visa.


Interesting. But if that's the case, how does one guarantee conditions with the employer before starting the job without the visa? As I see it, since you need a contract to obtain a visa, nothing is legally binding until the visa is obtained, correct? Is this just a risk that most foreigners are resigned to deal with?


Others might know more about this than I do, but the visa provision should be stipulated in writing in the contract. I would like to assume that nothing is binding until you have a visa and are legally capable of working legally. However, not having one could make you complicit in not only contract breaching (if it happens) but also working illegally.


Either way, you would absolutely recommend having a contract written up prior to starting the job, regardless of when the visa is obtained, yes?


I am not too sure about 'absolutely.' But I am sure about being sure. Smile Just make sure that if this is a private hagwon you will be working for, make sure that their "visa expense" clause is stipulated in writing on the contract before you sign it. A lot of people sign the contract and are shipped to Korea before getting any visa work done beforehand. A lot of the time this is normal procedure at the boss's expense. The boss will usually ship them to Japan that week anyways.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon Apr 16, 2007 10:39 am    Post subject: Reply with quote

OP

It is easy to get your E2 working visa before you come to Korea. It takes a few weeks and a little effort is all. You need the same documents that you would need to make a visa run to Japan later anyway, so it just makes sense to get the visa before you come.

If you come without a visa you will probably have to work illegally before you go on a visa run. You should not do this. Why risk it? If you and your school really rush, you can get everything processed in 2 or 3 weeks.
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