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Another Advice needed thread :D(Visa transfer/Horrible Boss)

 
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w(oO)t



Joined: 02 Oct 2009
Location: Anseung

PostPosted: Mon Dec 19, 2011 6:15 am    Post subject: Another Advice needed thread :D(Visa transfer/Horrible Boss) Reply with quote

Hey everyone, here's another one of those situations you would never dream of being in your life

1. I am currently employed at a Hagwon. My contract ends on Jan 3rd and the boss is booking me tickets back home to NZ. (Although she has not yet told me the date.)

2. I am signed a contract with another hagwon to start on Jan 25th and have recieved money to book my flight back to Korea from NZ

3. (The bad part) I have all the documents required to transfer my visa except for the "Letter of Release" from my current Hagwon. My boss is reluctant to give this to me. (why she is being like this would be a mystery to me if I didn't already know she is a psychopath)


So my question is; if she doesn't give me the letter of release, what is my best option to still be able to re-enter Korea and commence work at my new school.

a) do I get a D10, then apply for the visa when I return
b) do I take my horrid boss to court and force a letter of release out of her
c) some other option I am unaware of.

Thanks for reading Smile
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Dec 19, 2011 3:56 pm    Post subject: Re: Another Advice needed thread :D(Visa transfer/Horrible B Reply with quote

w(oO)t wrote:
Hey everyone, here's another one of those situations you would never dream of being in your life

1. I am currently employed at a Hagwon. My contract ends on Jan 3rd and the boss is booking me tickets back home to NZ. (Although she has not yet told me the date.)

2. I am signed a contract with another hagwon to start on Jan 25th and have recieved money to book my flight back to Korea from NZ

3. (The bad part) I have all the documents required to transfer my visa except for the "Letter of Release" from my current Hagwon. My boss is reluctant to give this to me. (why she is being like this would be a mystery to me if I didn't already know she is a psychopath)

So my question is; if she doesn't give me the letter of release, what is my best option to still be able to re-enter Korea and commence work at my new school.

a) do I get a D10, then apply for the visa when I return
b) do I take my horrid boss to court and force a letter of release out of her
c) some other option I am unaware of.

Thanks for reading Smile


If the new school is willing...

<c> You can complete a transfer of visa within the last week of or after the completion of your contract without a LOR provided you have time remaining on your ARC at the time of the application for transfer (change or addition of a new employer).

<a> Changing to a D10 may delay your departure from Korea while you await your new ARC (with D10 rather than E2 on it).

<b> won't work. Employers are under NO obligation to ever provide a LOR.

<d> if you have a new set of documents you can simply get a new E2 visa instead of try to transfer.

.
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w(oO)t



Joined: 02 Oct 2009
Location: Anseung

PostPosted: Mon Dec 19, 2011 6:43 pm    Post subject: Reply with quote

Hmm, thanks for the info.

Seeing as my ARC doesn't expire until the 2nd of Feb, and I will be back in Korea before that time, would I be able to just re-enter the country and apply for my new visa at that time (around the 25th of Jan)?

With regards to <c> that you described... would I just go to the immigration office with my documents? Would I need a copy of this years contract to prove the contract date?
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Rutherford



Joined: 31 Jul 2007

PostPosted: Mon Dec 19, 2011 8:23 pm    Post subject: Reply with quote

Quote:
Seeing as my ARC doesn't expire until the 2nd of Feb, and I will be back in Korea before that time, would I be able to just re-enter the country and apply for my new visa at that time (around the 25th of Jan)?


Probably. Call 1345 and ask immigration.
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w(oO)t



Joined: 02 Oct 2009
Location: Anseung

PostPosted: Tue Dec 20, 2011 8:17 pm    Post subject: Reply with quote

I took your advice Rutherford and called immigration.

They said I don't need the LOR to transfer the visa.

But they were unclear about whether I needed my apostilled degree + CRC... I was under the impression I didn't need to supply them if reapplying for a consecutive year.

Can anyone confirm this?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Dec 20, 2011 8:38 pm    Post subject: Reply with quote

w(oO)t wrote:
I took your advice Rutherford and called immigration.

They said I don't need the LOR to transfer the visa.

But they were unclear about whether I needed my apostilled degree + CRC... I was under the impression I didn't need to supply them if reapplying for a consecutive year.

Can anyone confirm this?


If they have a national/federal CBC with apostille on file then you do not need another one. If they don't then you need to get one.

If they have a COPY of your degree with apostille on file then you do not need another one. If they don't then you need to get one.

If you are NOT American then you are probably fine (CBCs for everyone else already are national).

To complete a transfer you need:
ARC
passport
new contract
application
fees (60k for the transfer and 30k for the ARC extension)
letter of guarantee (sponsorship form) from the new school
business registration from the new school (copy).

.
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w(oO)t



Joined: 02 Oct 2009
Location: Anseung

PostPosted: Tue Dec 20, 2011 10:40 pm    Post subject: Reply with quote

Perfect! Thanks a lot Tom... now to go get lost in Suwon for a morning ^^
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Wed Dec 21, 2011 6:21 pm    Post subject: Reply with quote

ttompatz wrote:
w(oO)t wrote:
I took your advice Rutherford and called immigration.

They said I don't need the LOR to transfer the visa.

But they were unclear about whether I needed my apostilled degree + CRC... I was under the impression I didn't need to supply them if reapplying for a consecutive year.

Can anyone confirm this?


If they have a national/federal CBC with apostille on file then you do not need another one. If they don't then you need to get one.

If they have a COPY of your degree with apostille on file then you do not need another one. If they don't then you need to get one.

If you are NOT American then you are probably fine (CBCs for everyone else already are national).

To complete a transfer you need:
ARC
passport
new contract
application
fees (60k for the transfer and 30k for the ARC extension)
letter of guarantee (sponsorship form) from the new school
business registration from the new school (copy).

.


Sorry to hijack the post. There are many things my experience in Korea has taught me and made me aware. But there are many things I am still unaware. When I re-signed for my public school, immigration didn't even want my new documents (CRC, new degree). I had to give them instead to my POE. I believe public school and hakwons are now a different class of E2 visas. But I think the immigration officer, at the time, seemed to imply the automatic 30 day extention was only for the hakwon E2's. But I know each imigration officer is an island unto himself.

So, what I'm curious of is if I wanted to switch after my public school contract ended (layoffs never being known in advance), can I do this new D10, then get a hakwon, uni, or other public school job as easily? Immi doesn't have my new documents, the POE is supposed to have them on file themselves. This is where the confusion comes into setting.
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Rutherford



Joined: 31 Jul 2007

PostPosted: Wed Dec 21, 2011 6:46 pm    Post subject: Reply with quote

Quote:
So, what I'm curious of is if I wanted to switch after my public school contract ended (layoffs never being known in advance), can I do this new D10, then get a hakwon, uni, or other public school job as easily? Immi doesn't have my new documents, the POE is supposed to have them on file themselves. This is where the confusion comes into setting.


My advice is go to the actual immigration office and find out what they have on file. If they don't have your documents you will need new ones. If they have your documents they can print you a copy and stamp it as proof.

Next talk to your prospective employer and ask what documents they need. There's a new law requiring employers to keep these documents on file as well so you may need a copy even if immigration already has one. This was the case for me but i was able to give my new employer a copy of the CBC on file with immigration that was stamped by the immigration office. This saved me the trouble of getting a new CBC.

If you're currently at a public school your documents may be on file with them. Try going to their office and asking for your documents back or a copy of them. I found out that the Ministry of Education had my apostilled diploma on file when I thought it was with immigration. I've since ordered another one for immigration.

When in doubt, especially if you're American, just order more from back home.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Dec 21, 2011 8:40 pm    Post subject: Reply with quote

Weigookin74 wrote:

Sorry to hijack the post. There are many things my experience in Korea has taught me and made me aware. But there are many things I am still unaware. When I re-signed for my public school, immigration didn't even want my new documents (CRC, new degree). I had to give them instead to my POE. I believe public school and hakwons are now a different class of E2 visas. But I think the immigration officer, at the time, seemed to imply the automatic 30 day extention was only for the hakwon E2's. But I know each imigration officer is an island unto himself.

So, what I'm curious of is if I wanted to switch after my public school contract ended (layoffs never being known in advance), can I do this new D10, then get a hakwon, uni, or other public school job as easily? Immi doesn't have my new documents, the POE is supposed to have them on file themselves. This is where the confusion comes into setting.


There are NO automatic extensions of anything (30 day as tourist after an E2 still needs to be applied for).

Yes, you can easily switch to a D10 or transfer PROVIDED you do it before your ARC expires and after your contract ends (or within the last 7 days of your contract).

The CBC / DEGREE thing depends largely on what immigration already has on file. For the most part the ONLY people having problems are the Americans who used a state check when they first came. Everyone else already submitted national checks.

Anyone who has a Korean embassy/consulate certified copy, home embassy notarized copy or apostilled degree on file does not need to do anything for immigration either.

For E2s to meet the new requirements of the MOE (matching those of immigration) you may need COPIES of the documents on file at immigration. You can obtain them from your local immigration office for the small fee of 300 won rather than submit new copies (at a cost of many dollars and much delay).

Bottom line:

Most E2s are fine and end-of-contract transfers or switching to a D10 are easy to accomplish and only take about 30 minutes at your local immigration office.

AMERICANS who entered Korea before Jan 2011 are the ones most lileky to face potential difficulties since they did not meet the current requirements and were given a year's grace to update their files (although many did not bother). This is where the majority of confusion lies.

IF you fit into the pre-2011 American then I strongly suggest you contact migration (IN P{ERSON) and find out what, if anything, you need to update in order to maintain your status of sojourn if you plan to stay here next year.

F2/4/5s have similar issues, IF they are working as teachers, with the MOE and will need to obtain said documents post haste if they plan to remain as teachers in Korea. If they are working at other jobs (ie: professor at a university) and are not required to be registered at the MOE then they need not worry.

.
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w(oO)t



Joined: 02 Oct 2009
Location: Anseung

PostPosted: Sat Dec 24, 2011 7:44 am    Post subject: Reply with quote

all hail TomPatz and his mighty E2 visa knowledge... Kimmigration should hire you
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Sun Dec 25, 2011 4:16 pm    Post subject: Reply with quote

Thank you for the information. My POE has my new apostiled documents on fiel themselves and not immigration. Just looking into options in case of EPIK cuts next year. The D10 definately creates less stress and gives me time to find a new job if necessary. (But maybe I'd have to get those docs from POE and give to immigration.)
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