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citizen erased
Joined: 06 Apr 2008
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 Posted: Mon Jul 14, 2008 5:50 am Post subject: School Required to Cancel Visa if Contract Terminated? |
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I have been trying to break the contract with my school for a few months. I waited until they found a new teacher, which they say they have.
But they are acting like they are doing me a favor by "considering" giving me a letter of release so that I can find another job. I do need this because I want to do one more year in Korea before going home.
In my hypothetical thinking, it would seem to me that they would be required to give me a letter of release because, as far as immigration is concerned, without it I could roam around korea without a job until my current visa expires.
I imagine they wouldn't want this. So are they allowed to not cancel my visa and not give me a letter of release?
(by the way, i did nothing wrong at this school. if anything i think i was pretty gracious to wait three months at a job i didnt want so that they could find a replacement.)
Last edited by citizen erased on Mon Jul 14, 2008 7:54 am; edited 1 time in total |
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plynx
Joined: 03 Jun 2008
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| Posted: Mon Jul 14, 2008 7:38 am Post subject: |
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| they are not legally obligated to provide you with a letter of release. right now they seem to be a bit spiteful, claiming it is a "favor" (which, from their standpoint, it is). they could cancel your visa and give you a letter of release, but it is in no way compulsary. it seems like they'll cave. they're just asserting their "power" one last time. i hope it works in your favor. |
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citizen erased
Joined: 06 Apr 2008
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| Posted: Mon Jul 14, 2008 7:53 am Post subject: |
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ok, im sorry. im still skeptical.
at the very least, isnt the school required to cancel my visa? if they didnt do this, id still have a valid work visa but no job.
if the visa is canceled, i dont think a letter of release is even necessary.
so i guess the question should have been: is the school required to cancel the work visa if the work contract is terminated? |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Mon Jul 14, 2008 8:53 am Post subject: |
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| citizen erased wrote: |
| at the very least, isnt the school required to cancel my visa? if they didnt do this, id still have a valid work visa but no job. |
Nope, not required to do that either. And with a valid work visa, Immigration won't give you another one until it expires... so the school can screw you out of employment until the contract/visa runs out if they want to be spiteful, |
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Imrahil
Joined: 04 Feb 2008
Location: On the other side of the world.
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| Posted: Mon Jul 14, 2008 7:54 pm Post subject: Re: School Required to Cancel Visa if Contract Terminated? |
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| citizen erased wrote: |
I have been trying to break the contract with my school for a few months. I waited until they found a new teacher, which they say they have.
But they are acting like they are doing me a favor by "considering" giving me a letter of release so that I can find another job. I do need this because I want to do one more year in Korea before going home.
In my hypothetical thinking, it would seem to me that they would be required to give me a letter of release because, as far as immigration is concerned, without it I could roam around korea without a job until my current visa expires.
I imagine they wouldn't want this. So are they allowed to not cancel my visa and not give me a letter of release?
(by the way, i did nothing wrong at this school. if anything i think i was pretty gracious to wait three months at a job i didnt want so that they could find a replacement.) |
In all seriousness that should teach you to be nice to your employer. These guys will not give a damn about you and now they are showing it. I understand how you were trying to be helpful to them and in a way I applaud you for it, but next time just give them the 30 days notice and be done with it. Hagwan's won't do crap for us, so we should not care about them. If they can't find a new teacher after you gave them the proper 30 days notice, that's too bad. |
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citizen erased
Joined: 06 Apr 2008
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| Posted: Tue Jul 15, 2008 9:17 pm Post subject: |
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I just called immigration and the woman said the school is required to cancel the visa.
She did keep saying "should" cancel instead of "must" cancel and I tried to explain that there is a big difference between those words. I think she understood and it sounds like they are required to cancel the visa if the contract ends early.
which means... the strangehold isnt as ridiculous as it seems. |
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Imrahil
Joined: 04 Feb 2008
Location: On the other side of the world.
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| Posted: Tue Jul 15, 2008 9:20 pm Post subject: |
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| citizen erased wrote: |
I just called immigration and the woman said the school is required to cancel the visa.
She did keep saying "should" cancel instead of "must" cancel and I tried to explain that there is a big difference between those words. I think she understood and it sounds like they are required to cancel the visa if the contract ends early.
which means... the strangehold isnt as ridiculous as it seems. |
I hope you do get your freedom, just next time don't be so considerate or understanding to your boss. If they don't like you, they will be very mean and inconsiderate to you. I have seen people get fired and have their pay slashed immediately. Bosses here only care about their schools, not their workers. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue Jul 15, 2008 11:26 pm Post subject: |
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| citizen erased wrote: |
I just called immigration and the woman said the school is required to cancel the visa.
She did keep saying "should" cancel instead of "must" cancel and I tried to explain that there is a big difference between those words. I think she understood and it sounds like they are required to cancel the visa if the contract ends early.
which means... the strangehold isnt as ridiculous as it seems. |
If they MUST cancel your visa, then why the need for a letter of release? It becomes redundant at that point. |
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broken76
Joined: 27 Jan 2008
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| Posted: Tue Jul 15, 2008 11:47 pm Post subject: |
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The school is required to cancel your Visa within two weeks of termination. Whether the school does or doesn't is a different story. If they do not cancel within two weeks you can call immigration and find out your Visa status. If you still have a Visa then let them know that you stopped working for the school on so and so date and that you would like to have the Visa cancelled. Then immigration will call the school and have them formally cancel the Visa (usually a fine is included if it has gone over the 2 week period). Immigration will usually ask why the person was unable to complete their Visa and in some cases will inform the new sponsor.
Now the issue with the letter of release. A school is not obligated to provide one (unless stated in the contract). You do not need one to get a new Visa. But many schools will not hire you unless they see a letter of release from your previous employer. A letter of release has nothing to do with you obtaining a new Visa. Now the main problem for many teachers is that your Visa can be terminated at any time so as soon as your last day of work is up it's best to leave the country because if the school cancels your Visa without informing you then you are here illegally and it may affect getting a new Visa. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue Jul 15, 2008 11:50 pm Post subject: |
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| broken76 wrote: |
| A letter of release has nothing to do with you obtaining a new Visa. |
Tell that to the many immigration officers who require you have one. |
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broken76
Joined: 27 Jan 2008
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| Posted: Wed Jul 16, 2008 12:27 am Post subject: |
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| That is if you want to go and cancel your Visa. The school is not obligated to do so right away. They are only obligated to do so within 2 weeks of your last day which actually means that you shouldn't be in Korea in the first place. When I spoke with immigration about the issue they stated that the Visa is only good until the last day of work even when a position is terminated early. |
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citizen erased
Joined: 06 Apr 2008
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| Posted: Wed Jul 16, 2008 3:51 am Post subject: |
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| Young FRANKenstein wrote: |
| citizen erased wrote: |
I just called immigration and the woman said the school is required to cancel the visa.
She did keep saying "should" cancel instead of "must" cancel and I tried to explain that there is a big difference between those words. I think she understood and it sounds like they are required to cancel the visa if the contract ends early.
which means... the strangehold isnt as ridiculous as it seems. |
If they MUST cancel your visa, then why the need for a letter of release? It becomes redundant at that point. |
im just guessing but i think a letter of release is really only needed if you are transferring to another school after 9 months. |
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