Korean Job Discussion Forums

Jim0557 · Joined: 11 Feb 2013

I really hope someone is in the know and can help... I�m really panicked and worried... so...

I work as an English teacher for a hogwon located thirty minutes south of Seoul. I started in December 2011, my contract ends on February 28th 2013. I have a new job (copy of signed contract in hand) starting in Seoul on March 11th. In-between jobs I�m going to Japan for a week.

I want to transfer/extend my E2 visa to my new employer, but my current school are threatening to refuse to provide me with a Letter of Release(LOR). As I understand it, I need a LOR to transfer my E2 visa. On what grounds can my employer deny providing me with a LOR?

I suspect however that my Principal might not give me a LOR regardless of what the legalities are. Should I transfer my visa to a D10? Is a copy of my contract with end date sufficient to do this? Or do I still need a LOR?

I�ve heard that I can transfer to a D10 visa and as long as I start a new job within 30 days of finishing my previous contract, the D10 can be changed to a new E2 without the need to provide fresh documents (CRC etc). Would this be a good idea?

One last question, but a very important one: Can my employer contact immigration and say I�ve finished my contract and plan to return home. Or something along those lines so that when I go to immigration to either transfer or change my visa, it won�t be possible? Any other help regarding things I should do/might consider would be much appreciated.

Hope someone can help. Thank you. Jim

ibeattheborg · Joined: 17 Dec 2010 Location: the deep blue sea

Your contract start and finish dates are off, did you extend your contract? If you finish your contract you do not need an LOR for a transfer or for a D10. Go to immigration with your new contract, the business licence of your new school etc and they should have no problem transferring your visa. I don't understand the need for the LOR. But if your contract/visa was extended for a full year rather a few months, then yes you will need that LOR because you will not be completing the contract.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

Jim0557 · Joined: 11 Feb 2013

ibeattheborg and ttompatz - Thank you for your replies/advice.

Re Contract length. I signed a one year contract initially. That was due to run out in Dec 2012. I extended until the end of Feb 2013. I'm very sure they only extended my visa for the required time for me to complete my contract as my ARC expiry date is March 28th. So yes, I am completing my contract.

I think things will go well. Thanks for your help.

Jim0557 · Joined: 11 Feb 2013

The plot thickens...

I can�t remember getting a copy of my new contract after I extended. I was looking for the copy of my contract on Wednesday evening. I couldn�t find it so looked around my desk on Thursday, still no joy. I asked my supervisor on Thursday for a copy of my contract. She didn�t get back to me by the end of the day so I asked her again this (Friday) morning. She said she�d forgot and would speak to the principal. To her credit, she apologised and went and spoke to him right away. She then came back from his office and said he�d asked her why I wanted a copy. I explained I can�t remember getting a copy of my extension and that I might need it at immigration when I transfer my E2 visa. She went and spoke to him then spoke to me again. She again enquired as to why I wanted a copy, I gave her the same reason. She said I would have got a copy and I�d probably lost it. I responded well either way, I do need a copy. I asked her at lunchtime about it, she said the principal was looking for it. I asked two more times before the end of the day and she said he�s still looking for it. Through all of these interactions I was perfectly polite and the conversations in the morning were witnessed by a number of the other foreign teachers in the office. I think they are messing me around. I�m worried now that they changed the contract(or worse) before submitting it to immigration.

Do I have a legal right to a copy of my contract? Does anyone know of a link to a government website � preferably The Ministry of Labor and Employment�s: www.moel.go.kr/english/main.jsp - where this right is stated?

I was thinking an option would be to go to the immigration office and ask for a copy from them. The school would have needed to provide a copy of my contract to get my visa extended. Does anyone know if the Immigration Office keeps a copy on file? Paper or scanned? And would they give me a copy? I could go with a Korean friend who could explain my school have been unable to find my contract in order to provide me with a copy. Thoughts?

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

ibeattheborg · Joined: 17 Dec 2010 Location: the deep blue sea

The missing conract must end around your ARC expiry date. Immigration would not have issued your ARC with an expiry of March 28 unless the contract also ended around that time. I assume.

Jim0557 · Joined: 11 Feb 2013

Thanks guys! Will search for that document. My original ARC was valid for my contract plus a month. As is my extension. Someone told me it's because I'm from the UK that that's why I get that validity on my ARC card for a calendar month after my contract ends. Hopefully they'll be not more posts on this. But the way things have been at work, watch this space! Doesn't have to be like this! So annoying! Thanks guys!