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Is E2 visa cancelled if immigration keep ARC?
« on: May 30, 2013, 09:01:59 am »
Hi,

I've just returned home after completing my contract and korean immigration have kept my ARC card. The expiry date is not until July 2nd and I left yesterday.
I was hoping to return again before July 2nd (after finding a new job) and just transfer my visa to a new school. Am I still able to do this or is my visa now cancelled? Will I have to get new documents?

Any info would be a massive help! Thanks!


  • Mezoti97
  • The Legend

    • 2702

    • April 14, 2011, 03:02:50 pm
    • South Korea
Re: Is E2 visa cancelled if immigration keep ARC?
« Reply #1 on: May 30, 2013, 09:47:11 am »
I'm not exactly sure, but I think if you handed in your ARC card to immigration when you were leaving/flying out of Korea, then that means that your E-2 visa is no longer valid. I think if you wanted to do a visa transfer, you should have gotten the D-10 visa in the meantime until you got a new teaching position in Korea, and then you would have been able to do a visa transfer without having to leave the country again to apply for a new E-2 visa all over again from scratch. Perhaps you should call immigration to find out for sure, though.


  • Chicagohotdog
  • Hero of Waygookistan

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    • March 04, 2012, 12:25:31 pm
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Re: Is E2 visa cancelled if immigration keep ARC?
« Reply #2 on: May 30, 2013, 09:51:48 am »
To my knowledge - yes.  That cancels your visa.  You can contact Korean Immigration I guess and ask, but you might want to get started on those documents again.
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  • skippy
  • Expert Waygook

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    • January 12, 2011, 04:08:17 pm
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Re: Is E2 visa cancelled if immigration keep ARC?
« Reply #3 on: May 30, 2013, 02:48:28 pm »
I would say 95 percent yes!  Paragraphs 4 and 5 are interesting.   You could interpret as they could give it back if they held it.   Maybe a person could ask for their E2 back if they think a mistake was made and their was time left on it.  But I could be wrong.

From the Immigration Control ACT
Quote
Article 37 (Return, etc. of Foreigner Registration Certificates)
      
(1)    If a foreigner who has filed for registration under Article 31 departs from the Republic of Korea, the foreigner shall return his/her foreigner registration certificate to an immigration control official: Provided, That this shall not apply to any of the following cases:
       
1.    Where a foreigner who obtained a reentry permit intends to reenter within the permitted period after a temporary departure;
       
2.    Where a holder of a multiple-entry visa or a national of the country subject to exemption from reentry permission intends to reenter within the permitted period of sojourn after a temporary departure;
       
3.    Where a foreigner who intends to reenter within the term of validity of a refugee travel document after a temporary departure with the refugee travel document issued.
      
(2)    If a foreigner who has filed for registration under Article 31 becomes a national of the Republic of Korea, deceases or falls under any subparagraph of Article 31 (1), the foreigner shall return his/her foreigner registration certificate, as prescribed by Presidential Decree.
      
(3)    Upon receiving a foreigner registration certificate paragraph (1) or (2), the head of the office or branch office shall promptly notify the head of the Si/Gun/Gu of the place of sojourn thereof, as prescribed by Presidential Decree.
      
(4)    If it is deemed necessary in the interests of the Republic of Korea, the head of the office or branch office may take a temporary custody of the foreigner registration certificate of a foreigner falling under any subparagraph of paragraph (1).
      
(5)    In cases under paragraph (4), if a foreigner reenters the Republic of Korea within the permitted period, he/she shall have his/her foreigner registration certificate returned from the head of the office or branch office within 14 days after his/her reentry, and if he/she fails to reenter within the permitted period, it shall be deemed that his/her foreigner registration certificate has been returned under paragraph (1).
      
[This Article Wholly Amended by Act No. 10282, May 14, 2010]
Please consider adding some info to your "Personal Text"  Like type of school, visa status, county of origin.  These little bits of info can help people help you.


Re: Is E2 visa cancelled if immigration keep ARC?
« Reply #4 on: May 31, 2013, 12:10:28 am »
Thanks for the help!
Yeah, I did say i'd be returning but i couldn't give her a specific date so she wouldn't give my card back :(
Oh well, better start getting organised!