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Illegal teaching in High Schools and ARC problems

Work Permits, Employment Qualifications, Employer Problems
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Re: Illegal teaching in High Schools and ARC problems

Postby twonavels » 03 Jul 2011, 20:33

A friend got deported for teaching at a high school with an ARC only through a buxiban. It took them months before they told him that he had to leave. Hope everything works out. If you could get the buxiban to pay the fine and say that it was their bad, that you did not know, you might have some chance. Good luck!
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Re: Illegal teaching in High Schools and ARC problems

Postby cyberguppy » 04 Jul 2011, 23:20

Extremely strict AFAIK, at least when it comes to you working independently (not when sent out by a buxiban). You do have one other option, which is to get married to a local quickly, get an open work permit, and a JFRV. Then you wouldn't need to work permit to be renewed. If you and your gal were getting married soon anyway (and yes, of course, I realize that's a pretty big if), you could do this at a notary public, then hold the public wedding later as previously scheduled. You would then rush to apply for a JFRV and open work permit, and you would no longer need the work permit, and could stay. You're not being deported, after all -- it's just that the work permit isn't being renewed.


Thanks for the reply! I've considered this but I heard it's a wildly lengthy process of all kinds of criminal record checks etc.
Also, If gvmnt believes I've worked here illegaly, they probably won't allow me to.

I'm going to the Labor Bureau tomorrow to see if they can help me uncover some more details and explain the risks.

Regards,
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Re: Illegal teaching in High Schools and ARC problems

Postby cyberguppy » 04 Jul 2011, 23:20

twonavels wrote:A friend got deported for teaching at a high school with an ARC only through a buxiban. It took them months before they told him that he had to leave. Hope everything works out. If you could get the buxiban to pay the fine and say that it was their bad, that you did not know, you might have some chance. Good luck!


And now for the quick change of underwear..
Thanks for the input though.
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Re: Illegal teaching in High Schools and ARC problems

Postby Dragonbones » 04 Jul 2011, 23:22

cyberguppy wrote:Thanks for the reply! I've considered this but I heard it's a wildly lengthy process of all kinds of criminal record checks etc.
Also, If gvmnt believes I've worked here illegaly, they probably won't allow me to.


It can take time but if you HUSTLE yer ass, you can get it done more quickly. Don't worry about what the gov't thinks. The agency refusing to renew your work permit doesn't have a hotline to the notary public etc. If you want to stay and this is a serious option, get a move on it.
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Re: Illegal teaching in High Schools and ARC problems

Postby cyberguppy » 05 Jul 2011, 22:48

Thanks for the help here everyone.

I went to the Labor Office today and made some good progress getting them on my side.

The key issue to the illegality was the
- You're employer can't just hire you out to anyone (my school led me to believe this and I made this clear)
- Teachers need to have valid teaching licenses for High Schools
- If High schools provide a class and facilities for teaching, they are guilty

Had to sign a statement and they gave me strong impressions and suggestions(not assurance) that the CLA will pursue the schools and slap them with a few fines. Sometimes teachers get taken down too in the process because our "ignorance of the law excuses no one".

It seems like it really depends on the CLA's attitude on this one.

Labor Office believes that according to previous case law, CLA usually nails the schools first as long as it's clear that your primary employer hired you out and you did not solicit the work yourself. Probably to punish them and extract some cash. Looks like my ex High Schools and employer are in for nasty surprise.

The struggle continues but at least a can sleep a bit better. Not counting my chickens yet though :)
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Re: Illegal teaching in High Schools and ARC problems

Postby CraigTPE » 06 Jul 2011, 05:00

The irony is that it is very common for private primary and secondary schools to get native English speaking teachers from cram schools. The Taipei city government also does it.
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Re: Illegal teaching in High Schools and ARC problems

Postby dtm30 » 05 Aug 2011, 00:46

Couple of questions regarding this situation. Your work permit may be denied by the CLA as a result. Will the CLA ever issue you a new work permit at a new location? Also, the CLA itself does not have authority over whether or not you can stay in Taiwan (although I suppose they could cancel your work-purpose related ARC). Will they forward their information to the NIA? If so, will the NIA or Ministry of Foreign Affairs deny you future visas as a result?

How is everything going for you, cyberguppy?
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Re: Illegal teaching in High Schools and ARC problems

Postby cyberguppy » 11 Sep 2011, 01:42

dtm30 wrote:Couple of questions regarding this situation. Your work permit may be denied by the CLA as a result. Will the CLA ever issue you a new work permit at a new location? Also, the CLA itself does not have authority over whether or not you can stay in Taiwan (although I suppose they could cancel your work-purpose related ARC). Will they forward their information to the NIA? If so, will the NIA or Ministry of Foreign Affairs deny you future visas as a result?

How is everything going for you, cyberguppy?


Ha Ha! I'm back in Taiwan after all the drama.

Basically, the Labour Department stuck up for me. They fined all the high schools and my buxiban.
Although I taught illegally, they nailed the schools and let me off because I wrote out a statement explaining that I wasn't aware of all the illegality.

After 4 months, I was issued a fresh working permit and allowed to come back in Taiwan. I handed in my application on the last day of extended ARC and got the new ARC. Victory is all mine after ridiculous sweating and gnashing of teeth that reached all the way to the Thai embassy in Bangkok and airports immigration as I came back into Taiwan.

The lessons:

1. Don't work illegally. Do clear research where you can work.
2. Use the Labour Department and explain decently and politely to them that you were unaware and get them on your side.
3. Immigration officials don't care about your problems with work permits and offer no mercy. Some even laughed at me when I asked for further extensions on my ARC. They said it's my problem and they couldn't care if my ARC expired while I was fighting a labour issue.

Thanks for all the kind replies and assistance.
Much appreciated.
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Re: Illegal teaching in High Schools and ARC problems

Postby zyzzx » 11 Sep 2011, 01:54

cyberguppy wrote:Ha Ha! I'm back in Taiwan after all the drama.

Basically, the Labour Department stuck up for me. They fined all the high schools and my buxiban.
Although I taught illegally, they nailed the schools and let me off because I wrote out a statement explaining that I wasn't aware of all the illegality.

After 4 months, I was issued a fresh working permit and allowed to come back in Taiwan. I handed in my application on the last day of extended ARC and got the new ARC. Victory is all mine after ridiculous sweating and gnashing of teeth that reached all the way to the Thai embassy in Bangkok and airports immigration as I came back into Taiwan.

:bravo: :bravo: :bravo:
Way to go, congrats on your victory!
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Re: Illegal teaching in High Schools and ARC problems

Postby pqkdzrwt » 11 Sep 2011, 09:04

Wow, good work and congratulations! APRC is not long off now.

And yes as you suggest, if someone really wants to stay in taiwan, they should avoid illegal activity (:
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