|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
intoutdoor
Joined: 05 Jan 2009
|
 Posted: Fri May 22, 2009 2:36 pm Post subject: 9 month law? |
 |
|
| I have been at my hagwon for 3 months. I got a new job offer at another hagwon and am looking to take it, however, I cannot seem to get any clear information was to whether or not I will be able to do this. If anyone has any accurate knowledge on this matter it would be greatly appreciated. |
|
| Back to top |
|
 |
Adventurer
Joined: 28 Jan 2006
|
| Posted: Fri May 22, 2009 6:08 pm Post subject: Re: 9 month law? |
|
|
| intoutdoor wrote: |
| I have been at my hagwon for 3 months. I got a new job offer at another hagwon and am looking to take it, however, I cannot seem to get any clear information was to whether or not I will be able to do this. If anyone has any accurate knowledge on this matter it would be greatly appreciated. |
The law on that is you have to stay for 9 months before you can transfer jobs. You have six more months to go. That is how the law was at least in December 2008. I haven't heard that they changed it. I wasn't allowed to change jobs until I hit the 9th month. It didn't used to be that way, but they changed the law to where you need to be at your job for 9 months.
Sorry, man.... |
|
| Back to top |
|
|
Adventurer
Joined: 28 Jan 2006
|
| Posted: Fri May 22, 2009 6:22 pm Post subject: Re: 9 month law? |
|
|
| Adventurer wrote: |
| intoutdoor wrote: |
| I have been at my hagwon for 3 months. I got a new job offer at another hagwon and am looking to take it, however, I cannot seem to get any clear information was to whether or not I will be able to do this. If anyone has any accurate knowledge on this matter it would be greatly appreciated. |
The law on that is you have to stay for 9 months before you can transfer jobs. You have six more months to go. That is how the law was at least in December 2008. I haven't heard that they changed it. I wasn't allowed to change jobs until I hit the 9th month. It didn't used to be that way, but they changed the law to where you need to be at your job for 9 months. I got a letter of release from my previous employer when I made the switch over. I imagine you would need that.
Sorry, man.... |
|
|
| Back to top |
|
|
Netz
Joined: 11 Oct 2004
Location: a parallel universe where people and places seem to be the exact opposite of "normal"
|
| Posted: Sat May 23, 2009 10:26 pm Post subject: Re: 9 month law? |
|
|
| Adventurer wrote: |
| intoutdoor wrote: |
| I have been at my hagwon for 3 months. I got a new job offer at another hagwon and am looking to take it, however, I cannot seem to get any clear information was to whether or not I will be able to do this. If anyone has any accurate knowledge on this matter it would be greatly appreciated. |
The law on that is you have to stay for 9 months before you can transfer jobs. You have six more months to go. That is how the law was at least in December 2008. I haven't heard that they changed it. I wasn't allowed to change jobs until I hit the 9th month. It didn't used to be that way, but they changed the law to where you need to be at your job for 9 months.
Sorry, man.... |
This seemed like one of the WORST changes in the new law, and definitely "indentures" an employee to an employer.
Having to complete 75% of your work contract before being able to switch employers (God forbid you have a "bad" one), might as well be slavery. |
|
| Back to top |
|
|
Illysook
Joined: 30 Jun 2008
|
| Posted: Sun May 24, 2009 4:36 am Post subject: |
|
|
| explain to me this 9 month law...does one still need a letter of release? |
|
| Back to top |
|
|
drunkenfud
Joined: 08 Mar 2007
|
| Posted: Sun May 24, 2009 6:01 am Post subject: |
|
|
The 9 month law applies only if you want to transfer to the new job under your current visa, therefore avoiding the necessity of having to jump through the CBC, health check, visa run etc hoops involved in getting a brand new visa. In effect, your current visa is transferred to your new employer, and can be extended as required. This scenario is where you need a letter of release/permission to transfer document from your current employer.
There is nothing to stop you from cancelling your visa, leaving the country, and applying for a new visa. Howver doing so might require a considerable outlay of time and money. You don't need a letter of release but will need (and I could be wrong on this - since allegedly immigration have started keeping degrees and transcripts on file) all the documents you had to submit for your original visa. |
|
| Back to top |
|
|
intoutdoor
Joined: 05 Jan 2009
|
| Posted: Sun May 24, 2009 6:29 am Post subject: |
|
|
drunkenfud. very informative, thank you very much. to your knowledge, if my current employer won't release me in a timely fashion, do I need to stick around? Will there be any consequences with immigration for my new job?
Thank you in advance. |
|
| Back to top |
|
|
vonnegutjr
Joined: 24 Mar 2009
|
| Posted: Sun May 24, 2009 5:49 pm Post subject: |
|
|
| This is the first I have heard of this and it is definitely bad news. Does this count for all types of schools and visas? I have a public school E-2 visa and I want to get the f*** out of here. I have a good job on the line. The only way to do this is to cancel and do a Japan run? Are you sure this policy is currently being enforced? Also, does anyone know if I would be able to use the documents that I used for the PS job for my new visa, if I couldn't transfer? Specifically, when is a criminal check too old? Thanks |
|
| Back to top |
|
|
oscabat
Joined: 15 Apr 2009
|
| Posted: Sun May 24, 2009 6:59 pm Post subject: |
|
|
| drunkenfud wrote: |
| There is nothing to stop you from cancelling your visa, leaving the country, and applying for a new visa. Howver doing so might require a considerable outlay of time and money. You don't need a letter of release but will need (and I could be wrong on this - since allegedly immigration have started keeping degrees and transcripts on file) all the documents you had to submit for your original visa. |
And how exactly do you "cancel" your visa? Do you go to immigration before you leave, or do you just turn in your ARC at the airport on your way out?
Also, since you seem to know what you're talking about, how long should you expect to have to be outside of the country when you reapply?
I'm in a similar situation to the orignal poster, and every single person is giving me a different answer to these questions.  |
|
| Back to top |
|
|
drunkenfud
Joined: 08 Mar 2007
|
| Posted: Mon May 25, 2009 4:49 am Post subject: |
|
|
| oscabat wrote: |
| drunkenfud wrote: |
| There is nothing to stop you from cancelling your visa, leaving the country, and applying for a new visa. Howver doing so might require a considerable outlay of time and money. You don't need a letter of release but will need (and I could be wrong on this - since allegedly immigration have started keeping degrees and transcripts on file) all the documents you had to submit for your original visa. |
And how exactly do you "cancel" your visa? Do you go to immigration before you leave, or do you just turn in your ARC at the airport on your way out?
Also, since you seem to know what you're talking about, how long should you expect to have to be outside of the country when you reapply?
I'm in a similar situation to the orignal poster, and every single person is giving me a different answer to these questions. |
I'm no expert. I've transferred a visa, but have not been in the type of situation you describe.
First, cancelling a visa. I've heard you can cancel your visa by handing in your ARC at the airport. I don't know if this is true, but suspect it is. I know for certain you can go to immigration, ask for your visa to be cancelled, and be issued an exit order. This typically gives you a week or so to leave the country.
How long will it take you to get back on a teaching visa? It depends on what documents they require, and how long it will take you to provide them. Allegedly, immigration are now keeping the apostilled degree and transcript on file (personally, I wouldn't bet on it). But you're PROBABLY going to need a new CBC - although maybe if the one you submitted is only three months old... Maybe not. I suggest you call immi and ask for what documents would be needed for a new e2. Then I suggest you call again and ask the same question to a different operator. Finally, I suggest you call a third time. If all of them agree on the answer, you're probably safe to proceed on it.
You know from your first application how long it will take you to get each document. If you're applying from your home country add a week or two to that figure to cover posting the documents to Korea.
One option you might want to consider is taking the ferry from Busan, turning around at the Japanese port, and returning on a tourist visa. When you get your confirmation number on your new E2 you can leave Korea on your employer's tab, and get your visa in one of the Japanese Korean embassies. Only you can say if this is more financially viable than returning to your home country, taking into account accomodation and living costs.
Good luck to everyone in this situation, I hope it all works out for you. Know that you're not trapped in your current job - you can jump ship if it all becomes too much. A month or two's wages in the bank and you can change jobs with ease. Hell, with a bit of luck, maybe you can do it with only a couple of weeks wages.
Whatever happens, please post your story so others in your current situation can learn from it.
Last edited by drunkenfud on Mon May 25, 2009 6:01 am; edited 1 time in total |
|
| Back to top |
|
|
drunkenfud
Joined: 08 Mar 2007
|
| Posted: Mon May 25, 2009 5:22 am Post subject: |
|
|
| intoutdoor wrote: |
drunkenfud. very informative, thank you very much. to your knowledge, if my current employer won't release me in a timely fashion, do I need to stick around? Will there be any consequences with immigration for my new job?
Thank you in advance. |
Give the notice required in your contract, rapay your initial airfare (if required),and there will be no consequences. You don't need his letter of release in your situation.
Quit immediately and cancel your visa. The only consequence, depending on your contract, will be loss of wages owing, apartment deposit, and possibly having to repay the cost of your initial airfare. Obviously, you won't get a good reference from your current employer. As far as immigration are concerned, they won't care how you left when they consider your next visa. However, what could cause you problems is if you've agreed to repay your airfare if you work less than 6 months, and renege on that deal. Your current employer could then sue you for fraud. Such criminal or civil procedings would definitely cause you immigration problems.
Good luck. And, as above, share your story of what happened. |
|
| Back to top |
|
|
Adventurer
Joined: 28 Jan 2006
|
| Posted: Mon May 25, 2009 6:00 am Post subject: |
|
|
| oscabat wrote: |
| drunkenfud wrote: |
| There is nothing to stop you from cancelling your visa, leaving the country, and applying for a new visa. Howver doing so might require a considerable outlay of time and money. You don't need a letter of release but will need (and I could be wrong on this - since allegedly immigration have started keeping degrees and transcripts on file) all the documents you had to submit for your original visa. |
And how exactly do you "cancel" your visa? Do you go to immigration before you leave, or do you just turn in your ARC at the airport on your way out?
Also, since you seem to know what you're talking about, how long should you expect to have to be outside of the country when you reapply?
I'm in a similar situation to the orignal poster, and every single person is giving me a different answer to these questions. |
Fed is right, you would have to cancel in your visa by handing in your ARC card, but the problem with that is you have to start process all over again and the job you lined up may be gone, because they might take someone else, unless they can afford to wait. You would have to fly yourself back home at your own expense. I guess this will be the equivalent of doing a midnight run and coming back but after a longer period of time when compared to days of old, I reckon? Of course, we are not experts. We are going based on the history of what we've seen and how that may jive with the present as we can understand it. |
|
| Back to top |
|
|
Sector7G
Joined: 24 May 2008
|
| Posted: Mon May 25, 2009 7:12 am Post subject: |
|
|
I was able to transfer in February 2009 after only 4 months with an employer. Not only did they let me transfer, they reset the year clock on my visa so it will be good until February 2010. I posted about it back then:
http://forums.eslcafe.com/korea/viewtopic.php?t=146133&highlight=
Now this was done of course with the necessary LOR and full approval from the employer I was leaving, and it sounds like the OP is not going to get that. Also, I readily admit I may have just been extremely lucky. I'm just saying it can be done.
By the way, this was done at Daegu Immigration. I add that fact because it seems that everywhere you go or ask you get a different answer. Many times you can get three different answers at the same center! It all depends on who you talk to. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
