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Getting out of an 6 month contract while keeping the visa.

 
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tanklor1



Joined: 13 Jun 2006

PostPosted: Fri Oct 24, 2008 3:13 am    Post subject: Getting out of an 6 month contract while keeping the visa. Reply with quote

A friend of mine is on a six month contract and he was woundering if it would be possible to end his contract at six months and still keep his E2 visa? Any legal loopholes around this one?
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tanklor1



Joined: 13 Jun 2006

PostPosted: Sat Oct 25, 2008 4:44 am    Post subject: Reply with quote

bump. Anyone have an answer?
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jadarite



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

PostPosted: Sat Oct 25, 2008 4:47 am    Post subject: Reply with quote

I find it hard to believe the E2 visa is 1 year with a contract that says 6 months. So, double check that please.
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tanklor1



Joined: 13 Jun 2006

PostPosted: Sat Oct 25, 2008 5:00 am    Post subject: Reply with quote

jadarite wrote:
I find it hard to believe the E2 visa is 1 year with a contract that says 6 months. So, double check that please.


Alright, I'll double-check on Monday to be sure.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Sat Oct 25, 2008 5:08 am    Post subject: Reply with quote

The VISA itself DOES NOT matter. It's the ARC card that matters. Your friend is only allowed to work at the location registered with immigration, which is tied to the ARC. If your friend gets a new job, he will have to go to immi and get the location added to his ARC. This would prove difficult as the 2nd job cannot have more hours than the main job.
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tanklor1



Joined: 13 Jun 2006

PostPosted: Sat Oct 25, 2008 5:21 am    Post subject: Reply with quote

kprrok wrote:
The VISA itself DOES NOT matter. It's the ARC card that matters. Your friend is only allowed to work at the location registered with immigration, which is tied to the ARC. If your friend gets a new job, he will have to go to immi and get the location added to his ARC. This would prove difficult as the 2nd job cannot have more hours than the main job.


He's asking the question of if he doesn't want a new job but rather just stay on Korea for the remaining six months of his contract. Is that possibble?
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Sat Oct 25, 2008 5:33 am    Post subject: Reply with quote

tanklor1 wrote:
He's asking the question of if he doesn't want a new job but rather just stay on Korea for the remaining six months of his contract. Is that possibble?


I must have missed that part. Not sure. Here's an idea...call immigration and ask them!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Oct 25, 2008 12:58 pm    Post subject: Reply with quote

tanklor1 wrote:
kprrok wrote:
The VISA itself DOES NOT matter. It's the ARC card that matters. Your friend is only allowed to work at the location registered with immigration, which is tied to the ARC. If your friend gets a new job, he will have to go to immi and get the location added to his ARC. This would prove difficult as the 2nd job cannot have more hours than the main job.


He's asking the question of if he doesn't want a new job but rather just stay on Korea for the remaining six months of his contract. Is that possibble?


NOT legally.

a) The employer is required to contact immigration within 14 days of the termination of employment. Whether or not they do so is another matter. Either way, part "B" remains.

b) The visa holder is required to leave Korea within 30 days of the end of employment if they are terminated before the end of their status of sojourn.

Failure to do so puts them in an overstay position and subject to and black mark, fines and other penalties.

.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 4:56 am    Post subject: Reply with quote

I have changed schools 3 times on the same visa. You just need a letter of release as far as I know. Thats how I got to stay on the same ARC/Visa. They will just change the school on the back of the card.

Also, make sure you get the letter as soon as you leave the job. I waited 3 weeks and immigration was about to make me leave, asking what I was doing here for 3 weeks.
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jadarite



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

PostPosted: Mon Oct 27, 2008 5:43 am    Post subject: Reply with quote

Get the letter before you go to immigration. They only need 2 weeks, so there is no need to rush the LOR until you get the other stuff straightened out like CRC and medical check.
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last goodbye



Joined: 13 Aug 2006

PostPosted: Mon Oct 27, 2008 5:55 am    Post subject: Reply with quote

OK.. I got mine 3 weeks after the job was over. That was the problem- staying here for 3 "workless" weeks. So you are saying get it as close to the end of my time at that job as possible? So what you mean "they only need 2 weeks"? I will give 30 days tomorrow- may be able to get out sooner, depends- if I get the LOR and pay, I will leave ASAP, as I won't need to get another visa. I can just change employers on my ARC. (I think I have one lined up to start in a month).
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jadarite



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

PostPosted: Mon Oct 27, 2008 8:06 am    Post subject: Reply with quote

The problem lies in your working dates. There has to be a continuous break from one contract period to the next, WITHOUT ANY GAPS. For example, if you want to work at a new school on Nov 1, you need something in the LOR which says you are released on October 31. Even though Nov 1 is a Saturday, I still think it needs to start immediately. I am guessing this is because when you actually work at the new school, it is between you and the school.

The weekend could be looked at as an orientation period. I did something similar in Japan. I arrived Thursday night, went to the city office on Friday to apply for my equivalent to an ARC card, and then met with other new teachers that weekend. Monday was an orientation, and then there were 3 days of training. So, I actually didn't start till Friday the next week.

If you get a LOR, you also start the clock on how much time you have. If you get a LOR later, then you have more time to find another school and get all the paperwork necessary. It took me 1.5 months to find the school I am at now, so I couldn't just get it in sequential fashion. I had to layer things to make it legal and work.

To help validate my case, my current school required me to sign the contract again with corrected dates. There was only a difference of 2 days between the two contracts, but I still had to go in and sign every page again, dating each one also with a new signing date.
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