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Can I cancel contract after being signed and sent?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Jun 13, 2012 7:48 pm    Post subject: Reply with quote

Quote:
you can't transfer your visa in the first 6 months.


There would be a 90 day wait period for the visa issuance number to expire. So at worst, it's 3 months not 6 months.

The 6 month thing is if you did start working, which I am thinking is an outdated period. I don't have any evidence to support this, but I think with summer camps and such they would definitely allow you to get another school before 6 months.

Quote:
You suggested that the worker violate the terms of the contract.


No, the contract might have the teacher's signature, but the dates would be blank. So the teacher wouldn't actually know the starting date (at least in writing).

Quote:
no-show teachers


It wouldn't be a no-show teacher situation.

Quote:
you have to apply for it before arriving in Korea, unless already legally in country


I don't know about that. That's great news if you can do that, but to tell people in another country, "Sure, come here and we will issue you a visa to look for work" seems like you would be inviting a lot of people who might not find work, not find work legally, and basically be mooching off the system. Perhaps the D10 has not been taken advantage of too much, but when it does, I am sure this type of thing will not be allowed.

As for your second part, that is what I was getting at. You are already legally in the country because you have (had) a visa. See? This is what I was trying to get at. You already had a visa, it was canceled, and now you are looking for work. You are in the country already.

Quote:
This is a good way to get in trouble with Korean Immigration and suffer their penalties.


Well, if you play innocent about the whole thing, maybe you could pull it off.

1) You entered Korea thinking you could have some time before starting a job.
2) Unbeknownst to vous, your school canceled your visa thinking you were a no show.
3) You show immigration a signed contract without the dates and explain it was decided after signing.
4) Now you are in a situation where that school doesn't want you and you are in Korea.

I had signed a contract with one school and things didn't work out before I was to start. I found a second school and we went to immigration. Immigration just changed my workplace info as if the first one never happened. I don't think it is that serious of a problem.

We get paranoid about what immigration "might do" that we don't see better outcomes from what they "might do". They are more likely to ok that than demand you go back to the first school. You haven't really done anything like overstay a visa or commit a crime. If you have a second employer wanting to hire you, then they quite often overlook the rules/guidelines.

Only they will know.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jun 14, 2012 3:27 am    Post subject: Reply with quote

YTMND wrote:
Quote:
you can't transfer your visa in the first 6 months.


There would be a 90 day wait period for the visa issuance number to expire. So at worst, it's 3 months not 6 months.

The 6 month thing is if you did start working, which I am thinking is an outdated period. I don't have any evidence to support this, but I think with summer camps and such they would definitely allow you to get another school before 6 months.


You're talking about 3 different things here.

The 6 months (if it hasn't been shortened) is for TRANSFERRING a visa. This means that the teacher wouldn't need a new set of docs or a visa run to Japan. If the school is bad then this isn't really a good option. You can get new docs faster than that. If the school is doing something illegal or something that labor disagrees with then the teacher could transfer sooner without a LOR from the school.

The 3 months waiting period is only if the OP wants to wait in his home country for this long in order to get another visa. This option is not so good either because it means that he'll be unemployed for 3 months. He COULD go work somewhere else while waiting for the 3 months to expire but may need to return home for the job interview (unless he has a residence permit for whatever country he's in for those 3 months). If he decides to do this, then he could try calling the school ASAP and tell them he's not coming. If on the odd chance they haven't yet submitted his docs, then they probably won't do it because it would cost them something to proceed. If they've already done it, then it's done and there's nothing to do about it. BUT then he's committed to waiting for the 3 months.

For summer camps you don't get an E2 visa. For summer camps you get a C4 visa. In that case your visa is only good for 90 days anyway.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Jun 14, 2012 3:59 am    Post subject: Reply with quote

Quote:
The 6 months (if it hasn't been shortened) is for TRANSFERRING a visa.


There are 2 other current threads going on about leaving. One of them wants to change from a part-time to full time job, leaving the other part-time job they worked for (who sponsored their visa).

http://forums.eslcafe.com/korea/viewtopic.php?t=220762

And the other (not as much the same but still similar if they want to return soon):

http://forums.eslcafe.com/korea/viewtopic.php?t=220694

Quote:
The 3 months waiting period is only if the OP wants to wait in his home country for this long in order to get another visa.


This part of your post has some nice side tidbits, but it wasn't what I was getting at. I don't think the 3 months is a waiting period in the home country. If you were on a D10, C4, or even just a tourist visa, you wouldn't necessarily need to be in your home country.

Quote:
For summer camps you don't get an E2 visa. For summer camps you get a C4 visa. In that case your visa is only good for 90 days anyway.


But if you had an E2, then got a C4, what are they going to do if you want an E2 for the fall? Kick you out or give you a D10? I would hope common sense immigration officers would give the D10.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jun 14, 2012 7:57 am    Post subject: Reply with quote

If immigration has already processed his documents and give him a VIN, then his only options are
1. come to Korea on that visa and cancel it after arriving
2. wait 3 months in order to apply for a new visa

Immi isn't going to give him a D10 or a C4 or anything else if he's already started the process for another visa (in this case an E2). He won't need a "tourist visa" to enter Korea and there's no point in entering Korea as a tourist as the initial E2 visa would still be active. If he was actually going to come here as a tourist, then he'd be best off just coming and then cancelling his visa after arriving.

I don't see the relevance of getting a C4 visa. As long as his E2 visa is valid, how is he going to get a C4 visa? In any case he'd still have to cancel his E2 visa, which involves either 1) being here or 2) waiting 3 months. Immigration isn't going to let him transfer his visa so soon after arriving. The period might be less than 6 months now but I'm sure its at least 3 months AND it would require the employer to give him a LOR - something that a shady school is not likely to do.
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Lupin the Third



Joined: 22 May 2012

PostPosted: Sun Jul 01, 2012 2:56 pm    Post subject: Reply with quote

Thanks for all the feedback.

I have decided to take the plunge and come to South Korea and give the school a chance. Fingers crossed that everything does turn out for the best.

However, Is it possible to change schools without additional documentation once I am in South Korea?

My flight is next week. Unfortunately, I did not have enough time to get all of my new/second set of documentation. I managed to get a second apostilled copy of my degree, but could not get a new Police Clearance Certificate because they made a screw-up with my payment not going through on time...

As I understand it, it will take about 3 - 6 months for the visa transfer and according to my contract I have to provide 2 months notice if I decide to quit.
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Sun Jul 01, 2012 3:24 pm    Post subject: Reply with quote

just out of curiousity - who paid for your flight? and what arrangements are made for your arrival at the airport?

did you ever get pix of the apt?

its surprising how much can be gleaned from just this info.
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Lupin the Third



Joined: 22 May 2012

PostPosted: Sun Jul 01, 2012 10:32 pm    Post subject: Reply with quote

@ luckylady. The school paid for my flight. They advised that when I arrive at Incheon Airport I have to go to the information desk and buy a bus ticket to the city I will be living/working in. The school will pick me up at the bus terminal when I arrive.

They sent pictures of the school, which looks very good, however they did not send pics of the apartment. I was adamant about it but after many requests I eventually received only a written description of the apartment from the current teacher. This was one of the main reasons that gave me doubts about the school.
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Mon Jul 02, 2012 12:12 am    Post subject: Reply with quote

Lupin the Third wrote:
@ luckylady. The school paid for my flight. They advised that when I arrive at Incheon Airport I have to go to the information desk and buy a bus ticket to the city I will be living/working in. The school will pick me up at the bus terminal when I arrive.

They sent pictures of the school, which looks very good, however they did not send pics of the apartment. I was adamant about it but after many requests I eventually received only a written description of the apartment from the current teacher. This was one of the main reasons that gave me doubts about the school.



my first gig I didn't receive any photos either and I was actually corresponding w/the teacher who was leaving - who waited until I arrived to let me know all her grievances Surprised

I also had to take a bus upon arrival - a 4 hour ride after being on my first overseas flight; I slept all the way on the bus w/the window open, arrived after midnight. you can do it too.

chin up, if they paid for your tkt, that's a good sign, albeit a small one. they will probably be very tightfisted, but in need of a NET so they will pay you.

keep us updated and people can let you know what's typical and maybe not so typical, or at least unacceptable. it might not be that bad; maybe they just didn't want to be bothered, not all that unusual. probably not many foreigners where you're going, so be prepared for that too.

cheers!
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Lupin the Third



Joined: 22 May 2012

PostPosted: Wed Aug 01, 2012 8:01 pm    Post subject: Reply with quote

So I decided to take the plunge and I've been in Korea for a little less than a month now

I decided to list the pro's and cons of the school.

Pro's:

+ Working schedule is very relaxed: Mon-Fri from 2h40 - 10h00, 5 X 40 minute classes per day with breaks.
+ My apartment is close to my school and a subway station, which is very convenient
+ The principle and co-teachers are all very nice

Con's:

- My biggest issue: The annual leave... It's only 5 days, it's in August (this month), but the 5 days include a Saturday, a Sunday and one public holiday, so basically I'm only getting two 2 actual days of leave... In the contract it said "5 days (including weekends)". Is this standard practice? Because it seems unfair to count the weekend as leave days even though I don't work on weekends and then they included the public holiday as well?

- I'm supposed to get my salary one day before my leave starts but I still don't have a bank account or an Alien Registration Card yet because we still need to go for my Health Check - which they said will happen next week. It's only an issue now, but if it get's resolved soon I will be happy.


So all and all the school is pleasant working environment and I really can't complain about the hours and co-workers - but the leave is a big issue.

I'm still going to give the school a chance before I make a final decision, but if I do decide to give notice and resign - what will the process be to look for another job? Can I apply for a new job while still in Korea? Will the new school take-over my E-2 Visa or will I need to go back to my country to get new documentation again?
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