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Must have Letter of Release!
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lesigh



Joined: 09 Apr 2012

PostPosted: Fri Feb 15, 2013 8:50 pm    Post subject: Must have Letter of Release! Reply with quote

I pulled a runner at the end of last year. My school was having serious issues so after receiving my paycheck I left. I know it wasn't the right way to do things.

BUT I also knew that if I asked to quit, they'd screw me over that way. They had already fired a bunch of the Korean teachers. It was a tense time at my school because of a sexual harassment incident among the students.

Anyway, I went to immigration and told them I quit to try and get a D-10. I was told I could not get a D-10 without a LOR. Okay, that's fine. I then asked how I could cancel my visa. I was told that the school would need to do it -- the employee cannot do it by themselves. They gave me 30 days to get a LOR or leave the country and updated my ARC with this information.

I waited 29 days to see if the school would cancel my visa. I called immigration twice a week and every time they told me my visa had not been canceled. WTF? On the 30th day, I flew to Japan and came back with a tourist visa.

I have called immigration since then and was told that my visa had been canceled. I handed in my ARC at the airport when I went to Japan.

I have new docs, a job offer and the new school went to immigration to get a new visa for me. Immigration said I CANNOT get a new E-2 without a LOR because I am still contracted to the old school. How can I still be under contract if my visa is canceled?

Also, if I have to get this LOR, what is the best way? Since my old school never canceled my visa...can I just go to the school and wait until they give me a letter? I'm sure they'll say no, but if I'm legally contracted to them, then I'm not trespassing until they fire me? I don't know. I feel like I'm stuck in a loop. I was under the impression that having new documents would mean a new visa that wasn't linked to my previous E-2.

Any suggestions?


Pack it up and go home?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Feb 15, 2013 9:28 pm    Post subject: Reply with quote

Quote:
I have called immigration since then and was told that my visa had been canceled.


Quote:
Since my old school never canceled my visa


Which is it? Was it canceled or not? Keep going to different officers until you get one that says it was canceled again.

Or, if that fails, you might need to try to get the new visa abroad as the officers in Korea might be thinking you are trying to transfer and not actually be trying to get a new visa Confused

They might not even be programmed to know how that goes inside Korea.
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lesigh



Joined: 09 Apr 2012

PostPosted: Fri Feb 15, 2013 10:19 pm    Post subject: Reply with quote

YTMND wrote:
Quote:
I have called immigration since then and was told that my visa had been canceled.


Quote:
Since my old school never canceled my visa


Which is it? Was it canceled or not? Keep going to different officers until you get one that says it was canceled again.


Honestly, all I understand is that "my file is closed" because I surrendered my ARC. So it must be canceled? However, you are required to have a LOR now no matter what even with new documents.


YTMND wrote:
Or, if that fails, you might need to try to get the new visa abroad as the officers in Korea might be thinking you are trying to transfer and not actually be trying to get a new visa Confused

They might not even be programmed to know how that goes inside Korea.

The school that wants to hire me went to immigration with my documents to get my visa issuance number. I don't think that step can be done outside of Korea. They told the employer that I needed a LOR.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Feb 16, 2013 12:57 am    Post subject: Reply with quote

-Get a 5 month job in China (or other country of your choice).

-Spend a few months on the beach in Thailand (or get a job - easy enough to do at the end of April for anyone who qualifies for an E2).

-Work illegally for your new employer on your tourist stamp (there are risks involved and you will need a couple of runs to Japan to keep your tourist status valid).

- Go to your old employer and grovel for a LOR (they are under no obligation to give you one and probably won't since they can now screw you in return for your MNR - hagwons, typically, are sore losers).

-Go home and call it an adventure.

Pick one.

.
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lesigh



Joined: 09 Apr 2012

PostPosted: Sat Feb 16, 2013 2:31 am    Post subject: Reply with quote

ttompatz wrote:
-Get a 5 month job in China (or other country of your choice).

-Spend a few months on the beach in Thailand (or get a job - easy enough to do at the end of April for anyone who qualifies for an E2).

-Work illegally for your new employer on your tourist stamp (there are risks involved and you will need a couple of runs to Japan to keep your tourist status valid).

- Go to your old employer and grovel for a LOR (they are under no obligation to give you one and probably won't since they can now screw you in return for your MNR - hagwons, typically, are sore losers).

-Go home and call it an adventure.

Pick one.

.


Tips for groveling and securing the LOR?

My plan: Go in the morning and ask nicely. Hear No. Threaten to contact the Labor Board and inform them that I will blacklist their school. Hear their reaction and get asked to leave.

Stand outside while saying hello to my students when they enter and leave the school on the public street. Tell them the truth. Hope the nuisance is enough to get them to sign the stupid LOR.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat Feb 16, 2013 5:34 am    Post subject: Reply with quote

lesigh wrote:
YTMND wrote:
Quote:
I have called immigration since then and was told that my visa had been canceled.


Quote:
Since my old school never canceled my visa


Which is it? Was it canceled or not? Keep going to different officers until you get one that says it was canceled again.


Honestly, all I understand is that "my file is closed" because I surrendered my ARC. So it must be canceled? However, you are required to have a LOR now no matter what even with new documents.


YTMND wrote:
Or, if that fails, you might need to try to get the new visa abroad as the officers in Korea might be thinking you are trying to transfer and not actually be trying to get a new visa Confused

They might not even be programmed to know how that goes inside Korea.

The school that wants to hire me went to immigration with my documents to get my visa issuance number. I don't think that step can be done outside of Korea. They told the employer that I needed a LOR.



This is confusing because there are two separate legal elements involved:

1) Your visa is permission from the Korean government for you, as a foreigner, to be in Korea. At the present time you are here on a tourist visa. Your E2 visa that allowed you to legally be in Korea as a teacher was cancelled. You turned in your ARC when you left and this visa was cancelled.

2) Your E2 working visa was based on a sponsorship agreement, in your case with your school as your sponsor, apparently for 12 months. This agreement allows you to get an E2 to work at the location registered by the sponsor is still active until the term expires or it is cancelled by the sponsor (or in some cases by Immigration. It cannot be cancelled by you.

The sponsorship form is one of the documents required to be filed in order to obtain a visa issuance number from Immigration that allows you to get an E2 visa from a Korean embassy or consulate.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat Feb 16, 2013 5:52 am    Post subject: Reply with quote

lesigh wrote:


My plan: Go in the morning and ask nicely. Hear No. Threaten to contact the Labor Board and inform them that I will blacklist their school. Hear their reaction and get asked to leave.


Be aware that blacklisting can lead to a lawsuit for defamation. If you are in Korea they can sue you easily, you will be required to appear, and you can lose.

lesigh wrote:
Stand outside while saying hello to my students when they enter and leave the school on the public street. Tell them the truth. Hope the nuisance is enough to get them to sign the stupid LOR.


This could get you arrested and end your chances for working in Korea.
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lesigh



Joined: 09 Apr 2012

PostPosted: Sun Feb 17, 2013 5:25 pm    Post subject: Reply with quote

A minor update:

The owner and the head teachers from my new school contacted my old school. Of course the owner was not there...he never was. The head teacher apparently berated, screamed and said them that I was an awful teacher, etc, etc that they didn't get a chance to ask for the release letter before head teacher hung up.

The new school was shocked to say the least, and rather than fight the crazy head teacher at my old school, they were pretty upfront that they'll be looking for my replacement while I try to the LOR myself.

Oh Korea...
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EZE



Joined: 05 May 2012

PostPosted: Sun Feb 17, 2013 5:59 pm    Post subject: Reply with quote

I know this is too late to apply to your situation as it stands now, but I'm wondering if teachers need an LOR if they're fired.

If so, maybe the proper tactic to do now, instead of a midnight runner, is to just sit in the office refusing to go teach class so you can get fired and get a new job immediately.

Either way, when I get back to the USA, I'm going to get a nightshift job in Washington DC so I can do a polite protest in front of the Korean embassy during the day every day for as long as it takes. The level of exploitation and fraud is off the chart and the Korean government will never do anything about it until the Korean government loses face.
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lesigh



Joined: 09 Apr 2012

PostPosted: Sun Feb 17, 2013 6:44 pm    Post subject: Reply with quote

EZE wrote:
I know this is too late to apply to your situation as it stands now, but I'm wondering if teachers need an LOR if they're fired.

If so, maybe the proper tactic to do now, instead of a midnight runner, is to just sit in the office refusing to go teach class so you can get fired and get a new job immediately.

Either way, when I get back to the USA, I'm going to get a nightshift job in Washington DC so I can do a polite protest in front of the Korean embassy during the day every day for as long as it takes. The level of exploitation and fraud is off the chart and the Korean government will never do anything about it until the Korean government loses face.


If you're fired? Yep, you need a letter now. I called immigration and the labor board and asked. It doesn't matter if you quit or got fired --as long as you signed that contract then immigration says you don't get a new job until it is expired OR get a LOR.

I know one teacher who wanted to quit. She still had her ARC and actually performed a sit-in for three days to get her LOR. Apparently I can't do the same cause I'm not still employed by them? Oh bother.
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EZE



Joined: 05 May 2012

PostPosted: Sun Feb 17, 2013 7:08 pm    Post subject: Reply with quote

My contract ends in August, but my work visa is valid until November. Do I need a LOR even if I complete my contract and want to move on to a different job?
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lesigh



Joined: 09 Apr 2012

PostPosted: Sun Feb 17, 2013 7:39 pm    Post subject: Reply with quote

EZE wrote:
My contract ends in August, but my work visa is valid until November. Do I need a LOR even if I complete my contract and want to move on to a different job?


You stealing my thread? Wink

As I understand it, to do the transfer you need a LOR. If you wait until the end of your contract and want to do a fresh application (with new documents) then no, no LOR needed.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Mon Feb 18, 2013 3:32 am    Post subject: Reply with quote

To change jobs, you need to either 1) complete your current contract, 2) get a LOR, 3) transfer to a D10 visa.

To get a D10 visa, you need one or more of the following: 1) paperwork from the labor board proving a labor dispute with your current boss; 2) dismissal letter saying your contract is terminated; 3) a very, very laid-back immigration officer.

New docs won't cut it anymore. So your E-2 visa is CANCELLED, but immigration cannot issue a new E-2 visa to you until your current contract expires. It's not a visa issue, it's a contract issue, and only the employer or the labor board can terminate it, as of the new year.

If you've got dirt on your old boss, go file a complaint at the labor board and take your paperwork to immigration.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Feb 18, 2013 4:40 am    Post subject: Reply with quote

EZE wrote:
My contract ends in August, but my work visa is valid until November. Do I need a LOR even if I complete my contract and want to move on to a different job?


No provided you have a copy of your contract that shows your end date and that you are no longer under contract.

.
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lesigh



Joined: 09 Apr 2012

PostPosted: Mon Feb 18, 2013 5:05 am    Post subject: Reply with quote

ttompatz wrote:

No provided you have a copy of your contract that shows your end date and that you are no longer under contract.

.


Well that is certainly good for EZE!


Minor update: I'm going in tomorrow morning to speak with my head teacher and apologize. A former co-teacher just recommended a sincere apology. What for? I don't know what I'm going to say sorry for. Anyway, any groveling techniques? Full on kowtow? Tears included?
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