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When is a letter of release not needed?

 
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Sat Mar 15, 2008 2:28 am    Post subject: When is a letter of release not needed? Reply with quote

I just had a recruiter tell me that even if I couldn't get a letter of release, I could still work at another school if I go through the whole E-2 visa process again by going to Japan on a visa run.

Is this true? Does this mean a letter of release would allow me to work at another school without getting a new criminal check and health check?

If not, then when is a letter of release not needed?
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Sat Mar 15, 2008 5:37 am    Post subject: Reply with quote

From what I understand... your company owns your right to work here. If you don't get a letter of release, it can be sticky trying to land a new job and get things through immigration. Not impossible, but sticky.

A letter of release will NOT allow you to get a new visa w/o a new CRC and visa run... unless you've been at your CURRENT school for 10 months, and you are switching from a private school to a public school.

Don't know when you wouldn't need one...
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Sat Mar 15, 2008 5:56 am    Post subject: Reply with quote

Cerriowen wrote:
A letter of release will NOT allow you to get a new visa w/o a new CRC and visa run... unless you've been at your CURRENT school for 10 months, and you are switching from a private school to a public school.

This isn't quite accurate.

If you're 10 months into your current contract, and have a letter of release from your current employer, Immigration will grant a change of workplace�no restrictions. You can go private-to-private, private-to-public, public-to-public, or even public-to-private.

Before 10 months, it's theoretically not possible to get a change of workplace. This is where the private-to-public thing comes in: Immi will bend the rules and let you change to a public school even before 10 months.
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Atavistic



Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.

PostPosted: Sat Mar 15, 2008 8:02 am    Post subject: Reply with quote

An LOR is NOT required by immigration. It is something new hogwons want to make sure that your old hogwon isn't going to go after you.

I got a new job with a LOR, canceled my own visa/ARC at the airport, went to Japan, came back the next day. Ta da.

This, however, was before the new regs and I was not transferring a visa, but rather getting a new one.
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dcwm81



Joined: 18 Sep 2007

PostPosted: Sat Mar 15, 2008 11:33 am    Post subject: Reply with quote

When you leave the country, give up your ARC to immigration and tell them that you are finished with that job/visa. When you come back, you may have to explain your leaving to immigration in Korea if you ran, or quit. However, if you are fired, you don't need to worry about a LOR.
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Sat Mar 15, 2008 10:56 pm    Post subject: Reply with quote

dcwm81,

"When you come back, you may have to explain your leaving to immigration in Korea if you ran, or quit."

"However, if you are fired, you don't need to worry about a LOR."

I guess this question could be applied to both, but my main concern is the first one. If you come back, wouldn't you come back on a tourist visa? Why is there a need for an explanation? Also, does this mean you have to start the whole visa process over again?

Something sounds fishy about just leaving the country and then re-entering the country thinking nothing is going to happen. Or, are you assuming the person re-enters on a new E2 visa instead of a tourist visa? This would still require the visa process to be done over again I think.
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dcwm81



Joined: 18 Sep 2007

PostPosted: Sat Mar 15, 2008 11:07 pm    Post subject: Reply with quote

What I meant about leaving and coming back was coming back on a new E2 visa, sponsored by a new school. If you just come back in on a tourist visa I don't think they'll look twice at you.

I was given information from people who deal directly with immigration all the time. By giving up your ARC you are ending the visa. Thus before immigration gives you another, they want to know why you prematurely ended the previous one. If you left on bad terms, maybe there is the chance they won't give you one. But if your new school wants you, they will cut a deal with immigration or your old school to get it done.
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jadarite



Joined: 01 Sep 2007
Location: Andong, Yeongyang, Seoul, now Pyeongtaek

PostPosted: Sat Mar 15, 2008 11:24 pm    Post subject: Reply with quote

What if you leave and come back to your old job? I know there is a re-entry thing you can get, but if you don't, what happens? You aren't trying to end it, but simply left the country and forgot to get the re-entry.

Is it a stronger argument to immigration that you couldn't go back to the old school cause when you left, you "forgot" to get a re-entry so you stayed out of the country a month or so and found a new school during that time?
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dcwm81



Joined: 18 Sep 2007

PostPosted: Sat Mar 15, 2008 11:28 pm    Post subject: Reply with quote

You can get a re-entry upon coming back if you are going back to your old school. They give it to you at Immigration in the airport when you get off the plane. You'll pay 30,000 won for it I believe. Otherwise, go get your re-entry before you go at immigration. It'll cost the same.

Your argument of not being allowed back in wouldn't hold because of what I mentioned above.
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Sun Mar 16, 2008 5:34 am    Post subject: Reply with quote

Ut videam wrote:
Cerriowen wrote:
A letter of release will NOT allow you to get a new visa w/o a new CRC and visa run... unless you've been at your CURRENT school for 10 months, and you are switching from a private school to a public school.



If you're 10 months into your current contract, and have a letter of release from your current employer, Immigration will grant a change of workplace�no restrictions. You can go private-to-private, private-to-public, public-to-public, or even public-to-private.


I was at a job for 10 months, and tried to switch to a Hakwon, and immigration said "no", it was ONLY for going to a public school. I couldn't go public to private. I had the new school call them and ask to find a way around it, etc... They said "no exceptions!"

And since Kimmi always tells everyone the same story and holds everyone to the same rules and regulations, instead of randomly making up *@&$ on the fly... obviously it must be written in stone somewhere with a shiney gold seal.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Sun Mar 16, 2008 6:23 am    Post subject: Reply with quote

Cerriowen wrote:
Ut videam wrote:
Cerriowen wrote:
A letter of release will NOT allow you to get a new visa w/o a new CRC and visa run... unless you've been at your CURRENT school for 10 months, and you are switching from a private school to a public school.



If you're 10 months into your current contract, and have a letter of release from your current employer, Immigration will grant a change of workplace�no restrictions. You can go private-to-private, private-to-public, public-to-public, or even public-to-private.


I was at a job for 10 months, and tried to switch to a Hakwon, and immigration said "no", it was ONLY for going to a public school. I couldn't go public to private. I had the new school call them and ask to find a way around it, etc... They said "no exceptions!"

And since Kimmi always tells everyone the same story and holds everyone to the same rules and regulations, instead of randomly making up *@&$ on the fly... obviously it must be written in stone somewhere with a shiney gold seal.

Strangee! I wonder whether you'd get the same answer if you talked to a different immigration officer, or the same officer on a different day.

After all, like you said, they're all reading from the same script. They never make it up as they go. Laughing
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