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Ending E2 contract early to switch to E7 visa
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Tue Mar 25, 2014 1:31 am    Post subject: Ending E2 contract early to switch to E7 visa Reply with quote

Hi there.

I recently was hired for a job that requires an E7 visa, and the company is busy trying to get that for me. In the meantime, I'm about the give my current company (where I'm on an E2 visa) 30 days' notice, as specified in my contract. This is my second year with that company, and I'm about seven months through the second-year contract.

I have a hypothetical I hope you guys can help me with. If April 30 (my planned last day at my current job) comes and goes and my E7 visa is still processing, how long am I allowed to stay in Korea between jobs? My new company told me the E7 visa will take a month and a half to get, at least. Do I have to tell the Korean government I'm no longer working as soon as May arrives, and if so, what does that do to my E2 visa status? Sorry for being ignorant of these matters.

Thanks in advance.
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furtakk



Joined: 02 Jun 2009

PostPosted: Tue Mar 25, 2014 3:45 am    Post subject: Reply with quote

Someone correct me if I'm wrong, but I think you should be able to switch over to a D-10 without much trouble.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Mar 25, 2014 4:07 am    Post subject: Re: Ending E2 contract early to switch to E7 visa Reply with quote

theloniouspunk7 wrote:
Hi there.

I recently was hired for a job that requires an E7 visa, and the company is busy trying to get that for me. In the meantime, I'm about the give my current company (where I'm on an E2 visa) 30 days' notice, as specified in my contract. This is my second year with that company, and I'm about seven months through the second-year contract.

I have a hypothetical I hope you guys can help me with. If April 30 (my planned last day at my current job) comes and goes and my E7 visa is still processing, how long am I allowed to stay in Korea between jobs? My new company told me the E7 visa will take a month and a half to get, at least. Do I have to tell the Korean government I'm no longer working as soon as May arrives, and if so, what does that do to my E2 visa status? Sorry for being ignorant of these matters.

Thanks in advance.


IF your current employer gives you a LOR then you can switch to a D10 while waiting for the E7 paperwork./

IF they won't give you a LOR you will have problems anyway.

AFTER the end of your employment there are a few scenarios:
a) you leave within 14 days (return as a tourist). You need to do nothing.

b) report to immigration within 14 days - you will have up to 30 days after the end of employment to either switch to a d10, transfer to a new sponsor or leave.

c) Say nothing and pray that immigration doesn't find out. IF they find out then you MAY end up with a note in your file (blackmark) about your overstay and it MAY complicate future visa applications.

.
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Tue Mar 25, 2014 9:25 pm    Post subject: Reply with quote

Thank you both very much. So, switching to a D10 doesn't require leaving Korea and coming back?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Mar 26, 2014 1:00 am    Post subject: Reply with quote

theloniouspunk7 wrote:
Thank you both very much. So, switching to a D10 doesn't require leaving Korea and coming back?


No, It doesn't require you to leave and return. It allows you to change your status without the need for a visa run.

.
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Thu Mar 27, 2014 11:43 pm    Post subject: Reply with quote

ttompatz,

Could you maybe elaborate on the problems I'll face if I don't get a LOR? I think I can get one, but there is a small chance I won't.

EDIT: To clarify, I understand that without a LOR I'd have to ask immigration to cancel my visa, leave Korea, and come back as a tourist, but would that hurt my chances of getting the E7 visa? I gave the new company all the documents they need for that, and I'm not sure what the distinction is between "transferring" from E2 to E7 or simply obtaining an E7 as a tourist.

Thanks.
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Thu Apr 03, 2014 5:57 pm    Post subject: Reply with quote

*bump*

ttompatz, did you see my last question? And if I may, I have another follow-up. Without a LOR, would I have any problems canceling my current visa and leaving the country (to return in a few weeks, hopefully, on a new visa)?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Apr 04, 2014 12:06 am    Post subject: Reply with quote

Without a LOR, the current immigration policy is to deny any further visa applications / transfers UNTIL after the effective expiry of the current contract.

Without a LOR you can cancel your visa by leaving and turning on your ARC and you are free to leave to (and return as a tourist) but any application for a new (C4, D or E) visa is likely to be denied by immigration until after your old contract would have expired.

It would be easier to transfer to an E7 than to obtain a new visa (save the cost of the visa run) but without a LOR your chances of transfer or a new visa application are slim (but not "0"; IF your boss knows someone OR is willing to offer up a box of juice Wink ).

.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Apr 04, 2014 1:28 am    Post subject: Reply with quote

ttompatz wrote:
Without a LOR, the current immigration policy is to deny any further visa applications / transfers UNTIL after the effective expiry of the current contract.
.


That changed quite a while ago. You don't need to wait for the original visa period to expire before getting a new one.
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Sun Apr 06, 2014 6:04 am    Post subject: Reply with quote

Thank you both. So there's some disagreement on the question of whether, without a LOR, I'd need to wait until the end of the contract period to get a new visa. I wonder if there's a government website or something with up-to-date info. that might resolve that question?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Apr 06, 2014 2:13 pm    Post subject: Reply with quote

theloniouspunk7 wrote:
Thank you both. So there's some disagreement on the question of whether, without a LOR, I'd need to wait until the end of the contract period to get a new visa. I wonder if there's a government website or something with up-to-date info. that might resolve that question?


You won't find it on a government website because it isn't an official regulation. It never was. As always, it's up to the individual immigration officer to decide. A while back, someone higher up in immigration sent out a memo recommending that no new visa be issued if a previous one would still have been valid (i.e. what Ttompatz said). About half a year later, the word came down that they were to ignore that recommendation and go back to the way things were.

If you really want to get all of the details then ask someone from an immigration office (in person, not over the phone).
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Sun Apr 06, 2014 5:53 pm    Post subject: Reply with quote

Gotcha. Thanks, Troglodyte.
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Mon Apr 14, 2014 5:58 am    Post subject: Reply with quote

I got the LOR, thankfully.

Sorry, one more question.

My last day at my current job is 4/28, and on 4/29 I'm flying down to Singapore see my friend and wait for the new visa application (E7) to be processed. For canceling my E2 visa, do I just turn in my ARC card at the airport? Or do I have to go to the immigration office for any reason?
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Mon Apr 14, 2014 6:37 am    Post subject: Reply with quote

theloniouspunk7 wrote:
I got the LOR, thankfully.

Sorry, one more question.

My last day at my current job is 4/28, and on 4/29 I'm flying down to Singapore see my friend and wait for the new visa application (E7) to be processed. For canceling my E2 visa, do I just turn in my ARC card at the airport? Or do I have to go to the immigration office for any reason?


I would not do it this way. You want to transfer your visa with the LOR, not cancel it!! If you cancel it, then you have to apply for a new visa from scratch.

If you can't transfer to E7 yet, go to immigration and transfer to D10, and then you can transfer back to E7 later. They'll give you a paper with your ARC number on it that says you have a D10, and you can travel with that, I believe. This is probably the best way, but you can also call immigration and ask if they recommend something else. If you can already get your E7, do that instead.
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theloniouspunk7



Joined: 05 Jul 2012

PostPosted: Mon Apr 14, 2014 2:10 pm    Post subject: Reply with quote

Thanks, littlelisa, I may do that. But I'm still not clear on why it would be so much better to transfer than to get a new visa "from scratch."

I already gave the new company all of the documents they need to apply for the E7, including passport-size photos, copies of my diplomas, letters of recommendation, proof of employments, etc. Even if I cancel my visa and leave the country, won't it be a simple matter of the new company e-mailing me the visa issuance number when it's approved, and me going to the Korean consulate in Singapore to get the new visa?
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