Complicated ARC extension question

Hey guys, random question. I’m changing jobs from one company to another and so my new company wants to switch my ARC to them and they have sent off the relevant paperwork to the ministry of labour for my new employment permit (the first step, before everything gets sent to NIA).

But I have now decided that I would prefer to just apply for an arc 6 month extension whilst I decide if I actually like my new job or not. So my question is…is it still possible to backtrack from here and apply for an ARC extension even though my new job has started the first step of the ARC switch process and applied for an employment permit for me? They haven’t received the permit yet and obviously havent sent anything off to the NIA yet.

If you will start at your new place I do not think that you can work at a place and not having it mentioned on your ARC. I guess you could just get your new ARC, then if you dont like the new gig just quit. If you still want to stay after that you could apply for an extension after that until you decide what to do.

Hi,

Thanks for your quick reply. I realise that it would be illegal to work there without having it on my ARC but I think I could theoretically do it for a few weeks without getting caught, just to see if the job is for me or not. That would seem less risky. I’m worried that if I get my ARC with them then they will make it difficult for me if I later do decide to quit and get an ARC extension.

Do you know if the fact that they have begun the first part of the employment permit application for me makes it now impossible for me to apply for an ARC extension?

Thanks again for the help.

Dont you need to provide your new ARC to your employer?

As far as I know they are supposed to help me change from my old ARC to a new one with them, but I think I could potentially work with them unofficially for a few weeks whilst staying here on a six month ARC extension, until I knew if I wanted to work for them or not.

They have already applied for the work permit so technically speaking as long as you don’t submit that work permit to the NIA and your old contract is already completed you can get the 6 month extension now. If your contract at your old place wasn’t completed you need to get a termination letter from them to give the NIA to get that 6 month extension.

I don’t recommend it as there is always a chance the school could get raided and you fined and deported. It’s not all that common but always a risk.

Also since the new school has already filed the paperwork and you presumably signed a contract, they may not be willing to do that again if they think you are jerking them around.

I’d take the job legally now and quit after if it isn’t what you want.

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Woah, woah… who’s working without a work permit? :oncoming_police_car:

Violating Art. 43 of the Employment Service Act would make you very deportable, which is why no-one here is going to encourage anyone to do so.

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I though OP’s question is if it is legal to work with a new work permit and an extended 6-month ARC for a while. Isn’t it?

@steve88,
The procedures to get a work permit for a newly employed foreigner and a job switching foreigner are different. If you are on the 6 month ARC extension, I think you should be hired as a newly employed foreigner. But your employer already applied your work permit as a job switching foreigner. I guess that might cause some problems.

Continuing the discussion from Complicated ARC extension question:

Thanks for the advice. I’ve decided to do what you advised and get the new company to switch my ARC to them and then quit and get the 6 month extension if I want to. However, I now have another issue.

My old boss just told me that he has sent my termination letter, which is dated to a few weeks ago (ie: the date I stopped working for them is stated as a few weeks ago), to the Ministry of Labour, but my new school is still waiting for the new employment permit before it can send everything off to immigration. I also have a copy of my termination letter, but we haven’t sent it off yet as were waiting for the employment permit. When the Ministry of Labour receives my termination letter from the previous employer, won’t they cancel my ARC, leaving me here illegally? I heard I was supposed to have 15 days but I’m not sure.

Will it cause more problems if my old boss has already sent my termination letter to the Ministry of Labour, backdated to a few weeks ago?

If you have a time, it may be better you visit Ministry of Labour and NIA and ask them if it is an issue, and if so what is the best to do.

Do you guys happen to know if its possible to voluntarily continue to pay NHI on an extended ARC?

Iirc, it is you have to pay, or you cannot pay.