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Circumstances in which you can move from one job to another.

 
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OBwannabe



Joined: 16 Feb 2008

PostPosted: Thu Nov 07, 2013 5:53 am    Post subject: Circumstances in which you can move from one job to another. Reply with quote

From what I gather, after sifting through old threads, is that if you want to switch jobs, without leaving the country, you need to get a LOR from your current employer. Then, I suppose, you would apply for the D-10 visa?
Seems straight forward enough....get the LOR and start looking for another job.
What I'm wondering is, what happens if you get fired? Can you still switch to a D-10 visa? In this situation...would you have to leave the country before getting a new job?

I'm pretty unhappy in my current job and city, and would like to move to Seoul if I can find a decent enough position. An old post of Ttompatz's stated that if you were to quit without getting a LOR, then you have to leave the country and can't teach in Korea until your current visa runs its course. (which would be 10 more months for me).
So if I ask for a LOR and am refused...only to be fired(wouldn't surprise me with the current management), would that effectively be the same situation as getting the LOR in the first place? Or do I have to leave and wait 10 months before getting another job in Korea?

Thank you.
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legume85



Joined: 22 Dec 2009

PostPosted: Thu Nov 07, 2013 6:35 am    Post subject: Reply with quote

I second this. In the exact same situation, early into my contract. From what I've read, you can get the visa cancelled by turning in your ARC at the airport when you leave, in the event that you don't get your LoR. In that case, the visa will be cancelled and you can start the process again without needing to wait until your original visa expires. I've also read that if you land a job within 3 months of the date that your E2 was cancelled, that Immigration could still use your original CBC, which would save you the time of having to get a new one. Can anyone confirm any of these statements?
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ontheway



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

PostPosted: Thu Nov 07, 2013 7:16 am    Post subject: Reply with quote

legume85 wrote:
I second this. In the exact same situation, early into my contract. From what I've read, you can get the visa cancelled by turning in your ARC at the airport when you leave, in the event that you don't get your LoR. In that case, the visa will be cancelled and you can start the process again without needing to wait until your original visa expires. I've also read that if you land a job within 3 months of the date that your E2 was cancelled, that Immigration could still use your original CBC, which would save you the time of having to get a new one. Can anyone confirm any of these statements?



It has already been confirmed for you, in your own thread, that you can no longer cancel your visa by leaving. You now have to wait until your original visa has run its full course, unless you get a letter of release (LOR).

http://forums.eslcafe.com/korea/viewtopic.php?t=230608

http://forums.eslcafe.com/korea/viewtopic.php?t=230608 wrote:


legume85 wrote:
Thanks ttompatz. But, what would happen if I don't get a LoR but wanted a new job in Korea? Couldn't I just turn in my ARC (which I don't even have yet) at Immigration at the airport or have Immigration stamp a "cancel" on my E2 visa to get my visa cancelled, which would allow me to be eligible for a new visa? Granted, I would have to start with new documents, but I already have my apostilled degree with me here. I've also heard that my CBC would still be valid as long as I return to Korea within 3 months (which I would). Is any of what I just wrote correct?

The director of the school is actually quite decent, however, I'm well aware that all of that could change the minute I submit a resignation, so I'm trying to get a clearer picture of all of my options first. Thanks.


ttompatz wrote:
Current policy (under the current government) has reverted to what it was pre-2006.

If you quit and do not have a LOR then you have to wait until your contract period expires before they will allow a new E2 application regardless of whether or not your visa was canceled, voided or expired.

The ONLY exception would be to win in a labor tribunal for breaches of labor law or unpaid wages (documented and complaint on file at labor).
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legume85



Joined: 22 Dec 2009

PostPosted: Thu Nov 07, 2013 7:39 am    Post subject: Reply with quote

Ah, thanks. I didn't get the email notification and hadn't manually checked yet. There goes that idea.
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OBwannabe



Joined: 16 Feb 2008

PostPosted: Thu Nov 07, 2013 8:10 am    Post subject: Reply with quote

So what if you get fired? Can you be put on a D-10 visa then?
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ontheway



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

PostPosted: Thu Nov 07, 2013 8:48 am    Post subject: Reply with quote

OBwannabe wrote:
So what if you get fired? Can you be put on a D-10 visa then?


You need a letter of release to change schools or go on a D-10 before you finish your contract, even if you get fired - actually, especially if you get fired. Immigration and other schools want to make sure that bad teachers are not released so that they have to leave and don't have the chance to damage another school. Is there room for abuse in such a policy? Sure. Will it change again someday? Probably. But for now, that's the policy.
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legume85



Joined: 22 Dec 2009

PostPosted: Thu Nov 07, 2013 1:29 pm    Post subject: Reply with quote

Any tips for negotiating a LoR if you've only been at a job short term (less than 3 months)? I used a recruiter. I hear that the school can get a replacement teacher for free if a teacher quits prior to three months. Any word on this, and do you think this could be used to get a LoR? Everyone at my school is nice and approachable, however, I have a feeling that quitting and then asking for a LoR will change that friendliness for the worst.
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nicwr2002



Joined: 17 Aug 2011

PostPosted: Thu Nov 07, 2013 5:21 pm    Post subject: Reply with quote

legume85 wrote:
Any tips for negotiating a LoR if you've only been at a job short term (less than 3 months)? I used a recruiter. I hear that the school can get a replacement teacher for free if a teacher quits prior to three months. Any word on this, and do you think this could be used to get a LoR? Everyone at my school is nice and approachable, however, I have a feeling that quitting and then asking for a LoR will change that friendliness for the worst.


Find someone that can replace you, and then they will be more willing to give you that LOR. If you leave them high and dry, they won't do it.
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