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xCainAndAbelx
Joined: 26 Apr 2013 Location: Gangnam, Seoul
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Posted: Mon Aug 25, 2014 7:02 am Post subject: Stuck in a rut! So... |
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So yeah, I need some advice (legal, I suppose) regarding my situation. I'm currently in Korea, and have cut my contract before the end of date. I told my school I was going to quit, and they accepted it and found a new teacher to replace me. However, they replaced me sooner than what I told them that I would agree to work to, which was the end of the semester. So they had me finish a week before the date I anticipated. Anyhow, I moved out of my apartment and I'm currently staying at a hostel, waiting for my final pay. I didn't plan this. I'm now being told I have to wait until the dispersement date of my paycheck which will not be fore 2 weeks. I never booked a ticket BECAUSE I was told on the Wednesday before my last Friday that instead of next week being my final date, it would be two days from then (that Friday.) So here I am in Seoul, jobless and technically homeless and having to wait 2 weeks until I get paid before I can even leave the country. I'm assuming they've cancelled my visa which gives me two weeks to leave the country or else I get fined. The fact they are telling me to wait two weeks to get paid is silly. I also don't trust them when it comes to that type of stuff. I can't access the money outside the US because it's a local Korean bank account and I'm not just gonna throw away my final pay which includes my work pay, housing deposit and medical check refunds. Anyhow, what my main question here is can I find a new job without a letter or release and without leaving Korea? I have my originals documents except my criminal background check because I've been in Korea for 15 months and this is my second teaching job which, unfortunately, didn't work out. I originally did want to go home and planned to buy a ticket but with being replaced early and having to wait 2 weeks, I figured I'd might as well get another job.
What I'm wondering is, since I got a new visa in May, and I haven't left the country, do I really need another background check? Am I able to get a job and do a visa run if I'm technically here visa-less until my old visa's grace period expires?
Thanks in advance! |
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pmwhittier
Joined: 03 Nov 2011 Location: Korea
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Posted: Mon Aug 25, 2014 5:33 pm Post subject: |
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| You will either need a Letter of Release from the school you are leaving, or you will need to leave the country and re-submit all new documents. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Aug 25, 2014 6:03 pm Post subject: |
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Your employer is required by law to pay you out within 14 days of your last day of work.
You are required to report your change in employment status to immigration with 14 days OR leave the country within 14 days. Failure to do so can result in delays at the airport or a fine. IF you are in an overstay position you will NOT be allowed to transfer to a new employer (new visa and potentially new documents may be needed).
IF you notify immigration of your change of employment status they will give you 30 days to find a new employer (LOR needed) or leave.
IF you have a LOR from your old employer AND find a new employer you simply transfer your visa to your new employer. New documents are NOT needed. The process is pretty straightforward.
IF you do not get a LOR then it is a very realistic scenario that you will NOT be allowed to change to a new employer before your old contract end date and with therefore may need to change countries (China, Taiwan, Vietnam, Thailand, etc).
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Chaparrastique
Joined: 01 Jan 2014
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Posted: Mon Aug 25, 2014 8:08 pm Post subject: Re: Stuck in a rut! So... |
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| xCainAndAbelx wrote: |
| I'm assuming they've cancelled my visa which gives me two weeks to leave the country |
Call immigration and ask them the date your visa is valid until. You don't have to mention your job is finished. just ask for clarification.
E2's are for 13 months so you may yet have a month or more.
You can switch to a D10 which will allow you to stay a further 6 months in country to find a new job without having to re-submit new documents.
All is not lost. Get busy and make some calls. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Aug 25, 2014 9:50 pm Post subject: Re: Stuck in a rut! So... |
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| Chaparrastique wrote: |
E2's are for 13 months so you may yet have a month or more. |
That is just wrong.
OP: you are LEGALLY REQUIRED to report any material change in your status (that includes unemployment) to immigration within 14 days.
Failure to do so can result in fines and/or other penalties.
It is NEVER advisable to play loose with the law when in a foreign country (in spite of what some on this forum claim you can get away with). You never know when you're going to get clipped for it and it does happen.
| Chaparrastique wrote: |
| You can switch to a D10 which will allow you to stay a further 6 months in country to find a new job without having to re-submit new documents. |
That issue remains up to the immigration officer at the desk at the time of your application. Sometimes and under some circumstances they will allow it. Some times they require a LOR.
It is NOT a fixed and immutable policy.
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watergirl
Joined: 01 Jul 2008 Location: Ansan, south korea
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Posted: Tue Sep 02, 2014 5:35 am Post subject: |
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You just need to get that LOR from your job.. Tell them they're making you wait two weeks with no income and that's not fair.. You need a LOR to switch to a d10 visa.
Actually, I think they're supposed to give you extra pay because they essentially let you go with not enough notice to you.
Of course, this depends on your relationship with your co..will they give you the LOR?
You could see someone for help with this, the global centre has free lawyers to help. get them to call and tell them they were supposed to not force you to leave early. |
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matthews_world
Joined: 15 Feb 2003
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Posted: Wed Sep 03, 2014 4:47 pm Post subject: |
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He even said himself he cut it off with his school.
Get your letter of release.
Your resume doesn't look favorably at this point. I doubt public schools will hire you.
I wouldn't mention your prior teaching experiences on your resume. Start over with a blank one for Korean jobs. Other countries might look favorably on this.
Time to decide if teaching is really for you.
Even if you want to teach in China you would need to register a tourist visa with the Chinese consulate in Seoul which would take a couple weeks. Working under the guise of a tourist visa is dodgy and shouldn't be attempted. You would need to do a visa run 90 days later to Hong Kong or other to renew tourist visa or obtain Z-visa.
However, you need verifiable experience (2 years in most cases) to even dream of working here. If others are reading, have the Chinese entity process your official working visa (Z-visa) while your in Korea. |
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