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ThisDude
Joined: 19 Aug 2011
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 Posted: Sun Dec 14, 2014 8:04 pm Post subject: Job Termination - D-10 Visa? |
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Sorry for posting another thread about D10 visas, I've searched and read through a number of D10 visa threads, but still have some questions.
I am trying to cover my all my bases here. If I were to be terminated/fired from my current job (after school academy), could I apply and be approved for a D-10 visa within 10 days (before I have to leave Korea on my E-2 visa)? If not possible, what other options or routes could I take?
I read that a LOR isn't required, thank god. But essentially, I'm not trying to leave Korea yet so I'd like to stay without having to leave the country.
And is it possible to get an extension for a D-10 visa? (For another 6 months)
Thanks. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Sun Dec 14, 2014 9:34 pm Post subject: Re: Job Termination - D-10 Visa? |
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| ThisDude wrote: |
| could I apply and be approved for a D-10 visa within 10 days . |
My D10 took 21 days.
From what I can remember, no need to leave the country because they give you a paper saying your visa status is under consideration. But not sure about that. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Dec 14, 2014 10:17 pm Post subject: Re: Job Termination - D-10 Visa? |
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| ThisDude wrote: |
Sorry for posting another thread about D10 visas, I've searched and read through a number of D10 visa threads, but still have some questions.
I am trying to cover my all my bases here. If I were to be terminated/fired from my current job (after school academy), could I apply and be approved for a D-10 visa within 10 days (before I have to leave Korea on my E-2 visa)? If not possible, what other options or routes could I take?
I read that a LOR isn't required, thank god. But essentially, I'm not trying to leave Korea yet so I'd like to stay without having to leave the country.
And is it possible to get an extension for a D-10 visa? (For another 6 months)
Thanks. |
NOT 10-days.
You have either*:
a) 14 days to leave Korea or
b) 14 days to report your unemployment to immigration and they will give you 30 days before you need to leave.
*assuming your employer actually notifies immigration of your termination of employment.
If they don't then you can stay but there is risk since you are required by law to report the change in your status of sojourn regardless of what your employer does. If it is discovered after the fact that you were in an overstay or violation of your status of sojourn it can complicate your future in Korea.
The LOR is required for most cases of early termination of employment.
Without a LOR changing to a D10 or transferring your E2 to a new employer are problematic at best and impossible until your current ARC expires at worst.
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ThisDude
Joined: 19 Aug 2011
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| Posted: Sun Dec 14, 2014 10:31 pm Post subject: |
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@Chapa
Thanks. I guess 21 days sounds more realistic than most threads I've read about the quick turnaround For D10 visas.
@ttompatz
Thanks for the informative reply! I've heard horror stories about LORs and academies. Is it up to my boss to give it to me or is there any enforcement on LORs. I'm afraid to be shit out of luck if I can't get a LOR. |
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drcrazy
Joined: 19 Feb 2003
Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan
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| Posted: Sun Dec 14, 2014 10:39 pm Post subject: |
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| If you have a graduate level degree from one of the world's top 200 universities, then you should have no problems. I am assuming you have an MA since you said in a different thread (If I remember correctly) that you have been offered a university position. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 15, 2014 1:05 am Post subject: |
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| ThisDude wrote: |
@Chapa
Thanks. I guess 21 days sounds more realistic than most threads I've read about the quick turnaround For D10 visas.
@ttompatz
Thanks for the informative reply! I've heard horror stories about LORs and academies. Is it up to my boss to give it to me or is there any enforcement on LORs. I'm afraid to be shit out of luck if I can't get a LOR. |
The bad new is that they are NOT obligated to give you a LOR and yes, you will have problems if you don't have one. China might be the next viable solution.
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ThisDude
Joined: 19 Aug 2011
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| Posted: Mon Dec 15, 2014 2:09 am Post subject: |
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@drcrazy
Sadly no.. I don't have a MA. Only a BA. I wish I had a MA haha. In due time of course.
@ttompatz
That really sucks.. I don't want to wait another year until my ARC expires. I definitely do not want to go to China. Mostly for personal reasons. You said in "most cases" would a LOR be needed due to early termination. Do you know in what sort of circumstances would I not need a LOR from early termination? Is there an exception? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 15, 2014 3:17 am Post subject: |
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| ThisDude wrote: |
@drcrazy
Sadly no.. I don't have a MA. Only a BA. I wish I had a MA haha. In due time of course.
@ttompatz
That really sucks.. I don't want to wait another year until my ARC expires. I definitely do not want to go to China. Mostly for personal reasons. You said in "most cases" would a LOR be needed due to early termination. Do you know in what sort of circumstances would I not need a LOR from early termination? Is there an exception? |
You may not need one if the immigration officer had his morning coffee and life is good, if his previous case made him smile, if he got laid the night before, if the won the lottery ...
Other notable exceptions to the need for an LOR:
You have a valid case before the labor board against your employer.
Your employer closed up shop due to financial problems.
Do NOT think you can easily change employers mid contract.
You are NOT a citizen or even a resident.
The law may allow you to quit easily (you are not an indentured servant) but it does not have to allow you to stay or change to other employment (it was modeled on the US system for foreign labor).
Quit and leave = no problem.
Quit and stay/change = not easy and sometimes not possible.
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ThisDude
Joined: 19 Aug 2011
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| Posted: Mon Dec 15, 2014 6:01 am Post subject: |
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@ttompatz
Thanks for another informative reply. I guess if anything, it seems that going early on Monday morning would be the best time (If I'm putting all my chips into the first part).
But I am not intentionally trying to change jobs, more so I am just worried about my employment and would like to stay employed. Even then an argument can't be brought up to not need a LOR for such a reason? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 15, 2014 2:27 pm Post subject: |
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Leave with a valid complaint on file at the labor board and no worry.
Leave after the hagwon ends its business and permanently and no worry.
Leave a public school position and your chance is close to "0".
Get fired or quit and (if your boss is unwilling to grant a LOR) your best choices are Japan, China or Taiwan until the end of your ARC.
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Mon Dec 15, 2014 5:01 pm Post subject: |
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| ttompatz wrote: |
Leave with a valid complaint on file at the labor board and no worry.
Leave after the hagwon ends its business and permanently and no worry.
Leave a public school position and your chance is close to "0".
Get fired or quit and (if your boss is unwilling to grant a LOR) your best choices are Japan, China or Taiwan until the end of your ARC.
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Really, not even if you're fired? If anyone is fired, can they cut a deal with the boss to get a LOR? Maybe do things like be a pain in @$$ and threaten to make a scene and cause trouble, refuse to leave? Get a letter of release and you'll leave quietly. I always though you could get one if you were fired. I suppose if they didn't follow rules like gave no notice or didn't put that notice into writing and give 30 days notice. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Mon Dec 15, 2014 5:04 pm Post subject: |
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| ttompatz wrote: |
Leave with a valid complaint on file at the labor board and no worry.
Leave after the hagwon ends its business and permanently and no worry.
Leave a public school position and your chance is close to "0".
Get fired or quit and (if your boss is unwilling to grant a LOR) your best choices are Japan, China or Taiwan until the end of your ARC.
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As for public school, that just means quitting mid contract? At the end of a contract either non renewing or not being renewed still means you can get a D10? (As you know there's going to be some downsizing next year.) |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Mon Dec 15, 2014 7:13 pm Post subject: |
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| ttompatz wrote: |
Leave with a valid complaint on file at the labor board and no worry
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The labor board will not even consider your complaint until a month or more after you make it.
Thats too late to apply for a D10. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Mon Dec 15, 2014 7:31 pm Post subject: |
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| Chaparrastique wrote: |
| ttompatz wrote: |
Leave with a valid complaint on file at the labor board and no worry
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The labor board will not even consider your complaint until a month or more after you make it.
Thats too late to apply for a D10. |
Isn't there another type of visa you can file for while awairting a labor board decision? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Dec 15, 2014 10:57 pm Post subject: |
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| Weigookin74 wrote: |
| ttompatz wrote: |
Leave with a valid complaint on file at the labor board and no worry.
Leave after the hagwon ends its business and permanently and no worry.
Leave a public school position and your chance is close to "0".
Get fired or quit and (if your boss is unwilling to grant a LOR) your best choices are Japan, China or Taiwan until the end of your ARC.
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As for public school, that just means quitting mid contract? At the end of a contract either non renewing or not being renewed still means you can get a D10? (As you know there's going to be some downsizing next year.) |
Contract complete and changing to a D10 is easy.
Contract complete and transferring to a new employer is easy.
Leaving mid contract unless "you have a valid case with the labor office" or "the hagwon closed permanently" is ALWAYS problematic.
| Weigookin74 wrote: |
| Isn't there another type of visa you can file for while awaiting a labor board decision? |
Yes. You can get a "G" visa while you are awaiting the outcome of a case if you don't want to work.
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