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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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wampa33
Joined: 07 Apr 2009 Location: South Korea
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Posted: Thu Apr 09, 2009 1:09 pm Post subject: Transfering a VISA to a new employer |
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Hello,
I am writing this on behalf of a friend who is in the middle of a sticky situation.
He has worked at a failing Hagwon the past 4 months. In fact, all of the original Korean co-workers have since quit the job and he is the only teacher working there. The current director of the school has decided to cut salary costs by holding pseudo job interviews that require each applicant to teach a few courses a day in his classroom.
Be that as it may, last week the teacher's recruiter suggested he quit his current job and offered him a new job immediately in Seoul at 2.8 m won a month. The recruiter suggested that "he ask for a letter of release this week, and this will allow you to transfer your current visa to the new employer in seoul."
So basically, he was giving a 4 or 5 day notice before leaving this job, and requesting a letter of release. Of course, the hagwon director refused to give him a letter of release. In turn, the teacher refused to work.
I've discussed this dilemma with a few friends, but I'd really would like to hear what the rest have to say. What do you suggest he should do? Possible outcomes of his situation? b
Other useful info: His VISA is a Multiple entry type. |
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stuck
Joined: 26 Mar 2009
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Posted: Thu Apr 09, 2009 1:54 pm Post subject: |
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Why has he refused to work? Has he been paid on time?
If your friend really wants to get out of this job then he should hand in his notice, but even then the director is not obliged to give him a LOR. Your friend can only transfer his visa to another school if he has been working there for over nine months. It's possible to transfer under nine months if he is transfering to a school that is not a hogwan.
Another option is for him to go to immi and get an exit order. This, in effect, cancels the visa. I'm not sure exactly but I think the exit order is usually for two weeks, but can be longer (I had one last year that was for a month). In that time he can apply for a new visa and then go to Japan on a visa run. My friend is currently doing this and because he has not been out of the country since he arrived he doesn't need to provide his CBC and medical check again (He gave notice to his employer, and the employer was willing to give him a LOR, but because he had only worked there for 6 months and he was transferring to another hogwan he had to apply for a new visa).
Either way your friend won't be able to start work at another school for at least 3/4 weeks.
It might be a good idea for your friend to call the labor board and immigration to find out exactly what his rights are, particularly if he has not been paid. |
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stuck
Joined: 26 Mar 2009
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Posted: Thu Apr 09, 2009 1:57 pm Post subject: |
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Also....
it doesn't matter if he has a multiple entry visa. All that means is that he can leave Korea and then return without his visa being cancelled. If he wants to leave Korea and cancel his visa then he should hand in is ARC card to immi when he leaves. |
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