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Anyway out of this? Breaking contract before it starts
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Nov 06, 2011 3:52 pm    Post subject: Reply with quote

Bottom line:

You have NO visa and yes, you do have the visa confirmation number?

You have signed the contract and IF you get the visa you are bound to it.

If you do not get a visa (for whatever reason) you cannot be bound to the contract (precedent has been set in the Seoul district court) since you cannot work without the visa and the employer cannot hire you to work without the visa.

If you have the visa issuance number you are screwed for the next 90 days.
Immigration, as a general rule, will not cancel it nor will they issue a new one while one is outstanding.

You are free to try to get it canceled but you will need a lot of luck to do so.

.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Mon Nov 07, 2011 12:29 am    Post subject: Reply with quote

Quote:
The fact that two teachers didn't last at the new school means little. In fact it could be a good sign. Half of the "teachers" who come to Korea, even those with some experience, education degrees, TEFLs and other paper qualifications are worthless and deserve to be fired. Eventually, some are fired, some resign, but few accept the fact that they just don't have the ability to be a teacher and never will. The only way everyone will "last" at a school is if the school doesn't care about teaching or quality.



I don't necessarily agree with this. While there are many teachers, who can't teach, there are also many inept/corrupt hagwon managers. I once worked at a hagwon where the director fired four people in three months. I can tell you it was not because of the teachers, it was because of management. How many times do we read about the corrupt managers on here? As we all know, it is often all about money, and not about quality.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Mon Nov 07, 2011 12:34 am    Post subject: Reply with quote

Quote:
You have NO visa and yes, you do have the visa confirmation number?


Yes


Quote:
If you have the visa issuance number you are screwed for the next 90 days.
Immigration, as a general rule, will not cancel it nor will they issue a new one while one is outstanding.
You are free to try to get it canceled but you will need a lot of luck to do so.



According to immigration, the only person that can cancel my vin is my new employer. If the new employer does not cancel the vin, I will not be able to work for a year. I highly doubt my new employer would cancel the vin. My new question is do you still have to wait months to get an lor to transfer, or can you get an lor before the 6 month period before the transfer? My old school has an opening in February, and they really want me back.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Nov 07, 2011 2:34 am    Post subject: Reply with quote

kingssurfer wrote:
According to immigration, the only person that can cancel my vin is my new employer. If the new employer does not cancel the vin, I will not be able to work for a year. I highly doubt my new employer would cancel the vin. My new question is do you still have to wait months to get an lor to transfer, or can you get an lor before the 6 month period before the transfer? My old school has an opening in February, and they really want me back.


Your visa confirmation number will expire 90 days from date of issue if not used.

You need to apply for a new one if the old one has expired (regardless of whether the old employer has canceled the request or not, regardless if you want to work for the old employer or a new one.

Wait your 90 days and start again for a new one.

.
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Mon Nov 07, 2011 4:30 am    Post subject: Reply with quote

Quote:
You need to apply for a new one if the old one has expired (regardless of whether the old employer has canceled the request or not, regardless if you want to work for the old employer or a new one.

Wait your 90 days and start again for a new one.


How come immigration did not tell me this? They said if it is not canceled, I have to wait for a year. They said nothing about 90 days when asked. It seems like you know the immigration policies of Korea better than they do.

This would mean I would have to start the document process all over again, meaning now.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Nov 07, 2011 5:36 am    Post subject: Reply with quote

kingssurfer wrote:
Quote:
You need to apply for a new one if the old one has expired (regardless of whether the old employer has canceled the request or not, regardless if you want to work for the old employer or a new one.

Wait your 90 days and start again for a new one.


How come immigration did not tell me this? They said if it is not canceled, I have to wait for a year. They said nothing about 90 days when asked. It seems like you know the immigration policies of Korea better than they do.

This would mean I would have to start the document process all over again, meaning now.


They make it up as they go along.
I just read the rule book and relay the message.

When all else fails, read the directions.

.
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ssavage4



Joined: 04 Feb 2012

PostPosted: Thu Feb 23, 2012 8:30 am    Post subject: Reply with quote

Kingssurfer,
What ended up happening in your situation?
I'm in a similar situation myself right now, and trying to weigh my options.
Thanks!!
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Feb 23, 2012 10:06 am    Post subject: Reply with quote

ssavage4 wrote:
Kingssurfer,
What ended up happening in your situation?
I'm in a similar situation myself right now, and trying to weigh my options.
Thanks!!


I would have tried a PM first. Plus looking at his post history he has been absent about 2 months.
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ssavage4



Joined: 04 Feb 2012

PostPosted: Thu Feb 23, 2012 1:36 pm    Post subject: Reply with quote

Yes I wanted to PM, but I don't have enough posts to be able to.... everything is conspiring against me.
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