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How Important is a Letter of Release?

 
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gsprou01



Joined: 19 May 2010

PostPosted: Wed Nov 17, 2010 6:02 am    Post subject: How Important is a Letter of Release? Reply with quote

So I've been working at a hagwon for a little bit over three months. We have been getting paid late, there is rumor about the school shutting down, and the management is a mess. Therefore, I put in my letter of resignation on November 11th (effective January 1st). Apparently the school just got some new funding and claims it won't shut down but I want out regardless. Anyways, my contract states that I have to give a 3 month notice of resignation. Today my boss told me there is a very good chance I won't be getting a letter of release (even though they gave one to one of my coworkers a few weeks ago). The parents of my students are threatening to pull their kids out of the program if I quit, therefore, management is trying to keep me here. They are telling me that I can't leave and if I do, I won't be able to get another job in Korea.

My plan is to get my documents (federal criminal background check, apostilled diploma, etc) in order, head back to the states in January, and find a new job in Korea at the end of January or early February. Will this situation thwart the possibility of getting a new job since I will not have a letter of release and I have broken my contract (though they have as well)? Immigration has said that if I cancel my visa, leave the country, and apply for a new visa, a letter of release is not necessary. They say that a letter of release is only needed to transfer a visa if a teacher has been employed for more than six months. Can anyone confirm any of this? Am I ok to leave in January and get a new job?
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jrwhite82



Joined: 22 May 2010

PostPosted: Wed Nov 17, 2010 6:09 am    Post subject: Reply with quote

As long as you go all the way home and have your visa canceled I think you are good. Get your FBI rolling now. If they really want to screw you they might not cancel your visa......I don't know if you can do it on your own...
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gsprou01



Joined: 19 May 2010

PostPosted: Wed Nov 17, 2010 4:36 pm    Post subject: Reply with quote

Thanks for the response. Yeah, I'm under the same impression. I sent my federal criminal background report back to the states with fingerprints etc. on November 16th. What would be your guess on how long that will realistically take? They say it will get to the states in a week.

I talked to immigration and they said if your employer won't come with you to cancel your visa, you simply hand over your ARC card on your way out of the country and your visa is automatically cancelled so that shouldn't be a problem. My only concern is being blacklisted. The immigration call center can't give any information on the topic. Is this a common thing with employers? The only real dirt they have on me is that I'm leaving without giving 3 months notice...
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le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Wed Nov 17, 2010 4:54 pm    Post subject: Reply with quote

being blacklisted would require some level of organisation on the part of the hogwan owners - have you seen how disorganised this country is? Immi cant even give us a straight answer about visas...

The only way Id say is a possiblity of you being blacklisted (or not getting another job becasue of your past) is if you;

- apply for a hogwan directly next to your old one
- apply for work at the same chain
- use your old school as a reference

but im sure youre not that daft. So really, dont worry.

Immi are right by the way. You dont need a letter of release. Once you walk through customs and hand in your ARC, youre free as a bird.
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gsprou01



Joined: 19 May 2010

PostPosted: Wed Nov 17, 2010 5:21 pm    Post subject: Reply with quote

That's exactly what I was thinking, thanks for the reassurance!
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caribmon



Joined: 26 Oct 2009

PostPosted: Wed Nov 17, 2010 5:54 pm    Post subject: Reply with quote

When you give your ARC card to exit immigration at the airport they cancel the visa right away. You can apply for a new visa next day. That's the only way to cancel the visa. I did it. Many others have too. leave any time, doesn't matter.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Nov 17, 2010 9:18 pm    Post subject: Re: How Important is a Letter of Release? Reply with quote

gsprou01 wrote:
So I've been working at a hagwon for a little bit over three months. We have been getting paid late, there is rumor about the school shutting down, and the management is a mess. Therefore, I put in my letter of resignation on November 11th (effective January 1st). Apparently the school just got some new funding and claims it won't shut down but I want out regardless. Anyways, my contract states that I have to give a 3 month notice of resignation. Today my boss told me there is a very good chance I won't be getting a letter of release (even though they gave one to one of my coworkers a few weeks ago). The parents of my students are threatening to pull their kids out of the program if I quit, therefore, management is trying to keep me here. They are telling me that I can't leave and if I do, I won't be able to get another job in Korea.

My plan is to get my documents (federal criminal background check, apostilled diploma, etc) in order, head back to the states in January, and find a new job in Korea at the end of January or early February. Will this situation thwart the possibility of getting a new job since I will not have a letter of release and I have broken my contract (though they have as well)? Immigration has said that if I cancel my visa, leave the country, and apply for a new visa, a letter of release is not necessary. They say that a letter of release is only needed to transfer a visa if a teacher has been employed for more than six months. Can anyone confirm any of this? Am I ok to leave in January and get a new job?


Easy to do (but not cheap) - you need to leave the country twice (unless your OLD employer is willing to go with you to immigration to cancel your visa. At 3-6 months a transfer is unlikely.

Get your new set of documents in order NOW.

When it is convenient, take a trip ANYWHERE out of the country and hand in your ARC on the way out (canceling your visa).

Return, have your new employer apply for your new visa confirmation number.

When they get it, do your visa run to Japan for your new E2.

Start work.

.
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