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E2 Visa Transference Inquiry
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Firearcher



Joined: 22 Dec 2007

PostPosted: Sun Oct 05, 2008 10:06 pm    Post subject: E2 Visa Transference Inquiry Reply with quote

I need clarification:

Under the new regs the Visa run to Japan, CRC & Health Check are not needed for existing E2 Visa holders after Dec 2007. Once you've done this once its not needed.

Today however I was told that if you have worked less than 8 months under your visa AFTER it was already transferred once that the rules are different.

In that case the teacher is ineligible for the transfer must obtain a CRC and do a Visa run to Japan.

Is this true?
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gteacher



Joined: 24 May 2007
Location: Ghost in the machine

PostPosted: Sun Oct 05, 2008 10:37 pm    Post subject: Re: E2 Visa Transference Inquiry Reply with quote

Firearcher wrote:
I need clarification:

Under the new regs the Visa run to Japan, CRC & Health Check are not needed for existing E2 Visa holders after Dec 2007. Once you've done this once its not needed.

Today however I was told that if you have worked less than 8 months under your visa AFTER it was already transferred once that the rules are different.

In that case the teacher is ineligible for the transfer must obtain a CRC and do a Visa run to Japan.

Is this true?


I believe that if you have under 8 months you need to redo everything. I release a teacher from his contract after 3 months, when we tried to transfer his contract to his new employer Immigration told us to cancel it and have him re-apply with all the documentation.
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Firearcher



Joined: 22 Dec 2007

PostPosted: Mon Oct 06, 2008 8:46 pm    Post subject: Re: E2 Visa Transference Inquiry Reply with quote

gteacher wrote:
Firearcher wrote:
I need clarification:

Under the new regs the Visa run to Japan, CRC & Health Check are not needed for existing E2 Visa holders after Dec 2007. Once you've done this once its not needed.

Today however I was told that if you have worked less than 8 months under your visa AFTER it was already transferred once that the rules are different.

In that case the teacher is ineligible for the transfer must obtain a CRC and do a Visa run to Japan.

Is this true?


I believe that if you have under 8 months you need to redo everything. I release a teacher from his contract after 3 months, when we tried to transfer his contract to his new employer Immigration told us to cancel it and have him re-apply with all the documentation.


4 different calls to immigration yielded 4 different answers.

The 2 big questions are:

Do we need to do a Visa run to Japan if cmpleting less than 80% of a contract?

AND - do we need to submit a new CRC even though we have not been out of country since submitting the last one!

The Visa run makes sense - another CRC does not.
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gteacher



Joined: 24 May 2007
Location: Ghost in the machine

PostPosted: Mon Oct 06, 2008 8:58 pm    Post subject: Reply with quote

The teacher I let go needed both, new CRC and Visa run. That was with the Mokdong office. However, like you said you'll get a different answer everytime you phone. Phone again, using a Korean speaker, have them ask and then get the officer name. When you go to immi, if they give you a hassel just refer them to that officer.

good luck
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broken76



Joined: 27 Jan 2008

PostPosted: Mon Oct 06, 2008 9:41 pm    Post subject: Reply with quote

OK the official rule is if you have not held onto an E-2 Visa for a minimum of 9 months (80% of a standard contract) you will need to go back to your home country and do the whole thing again. If you've had your Visa for 9 months or more then you may go to any Korean consulate (Japan) to get your Visa since you'll be exempt from doing the interview.

Now for a Visa transfer there is a bit of leeway. The Supervisor at each immigration office does have the power to authorize a Visa transfer from one school to another. This would mean that no Visa run is necessary at all. If you are leaving on good terms from your current position to your new one there is a chance this will be allowed but I wouldn't bet my money on it.
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Firearcher



Joined: 22 Dec 2007

PostPosted: Mon Oct 06, 2008 11:22 pm    Post subject: Reply with quote

broken76 wrote:
OK the official rule is if you have not held onto an E-2 Visa for a minimum of 9 months (80% of a standard contract) you will need to go back to your home country and do the whole thing again. If you've had your Visa for 9 months or more then you may go to any Korean consulate (Japan) to get your Visa since you'll be exempt from doing the interview.

Now for a Visa transfer there is a bit of leeway. The Supervisor at each immigration office does have the power to authorize a Visa transfer from one school to another. This would mean that no Visa run is necessary at all. If you are leaving on good terms from your current position to your new one there is a chance this will be allowed but I wouldn't bet my money on it.


I think you need to do a Visa run.....but not necessarily to one's home country if less than 9 months.... yes?? Which is exactly what I was told by Immigration. No CRC needed because it was already submitted. Nobody seems to know including Immigration itself.


Immigration clearly has not conveyed the rules to their workers.

My opinion
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Letsbehonestaboutit



Joined: 11 Oct 2008

PostPosted: Mon Oct 13, 2008 6:43 am    Post subject: E2 Visa Transference Reply with quote

I started a contract on March 1, 2008, and resigned just over 6 months later. With a "Letter of Release" from my original employer, I was able to transfer to a new employer using my existing visa, at my local immigration office, without having to go to Japan. I just had to fill out a pink "transference" form and show Immigration copies of my CRC and Medical (which I'd already submitted for my original employer, in March.) Hope this helps!
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Cliffhanger



Joined: 07 Sep 2007
Location: Anyang

PostPosted: Mon Oct 13, 2008 7:58 am    Post subject: Reply with quote

I have just gone through this.

If you have completed less than 80%, you have to apply for a new visa. First, after you have finished working, go to the immigration office with your former employer to terminate the contract. They will give you a 30 day exit order. Then give your documents to your new employer. They cannot apply for a visa before you have canceled your visa. I did NOT need to submit a new CRC. Everything else, including a new health check was needed.

You can do a visa run to Japan IF you have not had any problems with immigration or criminal activity.

This is what was explained to me. It was actually a pretty easy process.


If you completed more than 9 months, get a release letter and transfer the visa.
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Letsbehonestaboutit



Joined: 11 Oct 2008

PostPosted: Tue Oct 14, 2008 6:19 am    Post subject: Reply with quote

Cliffhanger wrote:
I have just gone through this.

If you have completed less than 80%, you have to apply for a new visa. First, after you have finished working, go to the immigration office with your former employer to terminate the contract. They will give you a 30 day exit order. Then give your documents to your new employer. They cannot apply for a visa before you have canceled your visa. I did NOT need to submit a new CRC. Everything else, including a new health check was needed.

You can do a visa run to Japan IF you have not had any problems with immigration or criminal activity.

This is what was explained to me. It was actually a pretty easy process.


If you completed more than 9 months, get a release letter and transfer the visa.


Cliffhanger, which Immigration office did you use, and when were you there?

I finished one job on Monday, September 15, 2008, and started a new one on the following Monday, September 22, 2008, with the same visa.

Contrary to what you say, I had only completed just over 50% of my contract (visa) and I didn't need to get a new visa, or go to Japan as you have stated. So the 80% figure is not true.

I agree with you that you can't do anything until you have finished working at your old job, but it's not necessary to take your old employer to Immigration: a Letter of Release is sufficient. Instead, take your new employer there with the required new employer forms!

As I said before, the only things Immigration needed was the pink transference form (available at the Immigration office), some new employer documents, a Letter of Release, and to see my CRC and Medical Report.

The whole thing was finalized over the counter in 15 minutes. I was working in my new job a week later on the same visa!
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Cliffhanger



Joined: 07 Sep 2007
Location: Anyang

PostPosted: Tue Oct 14, 2008 7:33 am    Post subject: Reply with quote

My old employer, my new employer and I all thought we could do it like that, but about a week before we were ready to transfer the visa, my new employer called immigration to make sure. They said we can't transfer with a release letter because I worked there less than 9 months. I had to get a new visa.

My new employer kinda freaked out when they heard that cause they thought it was going to be really easy.

What I said in my last post was exactly what was explained to me and what I did.

I went to the suwon office on october 6th.

I don't know why you were able to transfer the visa. Maybe its a different location or every immigration officer doing something different. I don't know.

I just want to warn that it won't necessarily be that easy.
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Letsbehonestaboutit



Joined: 11 Oct 2008

PostPosted: Tue Oct 14, 2008 7:54 am    Post subject: Reply with quote

Cliffhanger wrote:
My old employer, my new employer and I all thought we could do it like that, but about a week before we were ready to transfer the visa, my new employer called immigration to make sure. They said we can't transfer with a release letter because I worked there less than 9 months. I had to get a new visa.

My new employer kinda freaked out when they heard that cause they thought it was going to be really easy.

What I said in my last post was exactly what was explained to me and what I did.

I went to the suwon office on october 6th.

I don't know why you were able to transfer the visa. Maybe its a different location or every immigration officer doing something different. I don't know.

I just want to warn that it won't necessarily be that easy.


Interesting! Two different immigration offices and two different sets of requirements.

Maybe the answer is what "Broken 76" mentioned in his posting of October 6; that the Supervisor at each immigration office has some leeway and powers of discretion regarding visa transference.

Thanks for sharing.
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Tamada



Joined: 02 Nov 2008

PostPosted: Thu Dec 18, 2008 7:47 am    Post subject: Reply with quote

So far we've heard answers such as....

(1) Yes, you can transfer the visa...regardless of how much of the old contract you have managed to complete.

(2) Yes you can transfer but only if you have completed 80% or more of the old contract

(3) No, you can't transfer the visa but will need to do a border run to a neighboring country in order to secure a new visa.

(5) If you are presently on your first visa and you have completed less than 80% of your contract, then you have to go back to your home country in order to get your second visa (I think and hope this is 100% inaccurate).

(6) Yes, you will need to submit a new crb check.

(7) No, a new crb check will not need to be submitted.


Any chance, somebody could clear up this whole sorry mess once and for all and explain what EXACTLY needs to be done in the following situation.....

A teacher has accepted a new position and finished less than half of the old contract BUT has already received a letter of release from the old employer and is leaving in the near future on very amicable terms.

Thanks all.
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polonius



Joined: 05 Jun 2004

PostPosted: Thu Dec 18, 2008 7:54 am    Post subject: Reply with quote

I honestly think it depends on which immigration office you go to. I hired a teacher who had done 1.5 years at a school, plus had submitted a CRC. He had to go to Japan, (but that was really because the previous school he worked at had him listed under a different company name, and to rectify it, the school would have to go to immigration voluntarily and would be subject to a fine.)

As for the CRC, he didn't need to submit another one, but as others have said, some immigration offices are requiring it.
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yasmeenxox



Joined: 15 Jan 2009

PostPosted: Wed Jan 28, 2009 5:03 am    Post subject: Re: E2 Visa Transference Reply with quote

Letsbehonestaboutit wrote:
I started a contract on March 1, 2008, and resigned just over 6 months later. With a "Letter of Release" from my original employer, I was able to transfer to a new employer using my existing visa, at my local immigration office, without having to go to Japan. I just had to fill out a pink "transference" form and show Immigration copies of my CRC and Medical (which I'd already submitted for my original employer, in March.) Hope this helps!


hi, when you when to the immigration office to transfer your visa was your old boss with you? I have to transfer my visa to but feel that because my boss n i are not in good terms do i need her permission to transfer my visa or can i fill the pink form by myself? who has the power to transfer the visa? me, my boss or the immigration officer?
thanks
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Letsbehonestaboutit



Joined: 11 Oct 2008

PostPosted: Thu Jan 29, 2009 11:21 pm    Post subject: Re: E2 Visa Transference Reply with quote

yasmeenxox wrote:
Letsbehonestaboutit wrote:
I started a contract on March 1, 2008, and resigned just over 6 months later. With a "Letter of Release" from my original employer, I was able to transfer to a new employer using my existing visa, at my local immigration office, without having to go to Japan. I just had to fill out a pink "transference" form and show Immigration copies of my CRC and Medical (which I'd already submitted for my original employer, in March.) Hope this helps!


Hi, when you when to the immigration office to transfer your visa was your old boss with you? I have to transfer my visa to but feel that because my boss and I are not in good terms. Do I need her permission to transfer my visa or can I fill the pink form by myself? Who has the power to transfer the visa? Me, my boss or the immigration officer?
thanks


My old boss wasn't there, but my new boss was (so that he could explain the situation, submit the new employer documents and pay the small fee). The "Letter of Release" from your old boss is effectively the permission you need to officially terminate your old contract early and change employers. It is required by Immigration. It releases from your old contract so that you are free to take up another job before your old contract has ended. Immigration will then amend your Alien Card (in writing on the back) to reflect the new contract dates.
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