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tselem
Joined: 24 Apr 2006
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 Posted: Wed Jul 26, 2006 11:15 pm Post subject: Breaking Contract Pre-Arrival/Visa |
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I am still in the States. I have signed a contract, and am now seriously questioning this choice. They have provided me with a visa issuance number. I purchased the plane ticket at my expense, to be reimbursed after arrival. And they have provided me with no other compensation for anything.
Given this situation, if I decide to break this contract will I have any problems taking a position a month down the road? (i.e., legal or immigration issues) |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Wed Jul 26, 2006 11:23 pm Post subject: |
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| Not if you don't have a visa yet. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Wed Jul 26, 2006 11:25 pm Post subject: |
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| P.S. You would have to come to Korea, use your visa and get your ARC at Immigration before there are any penalties for breaking the contract. |
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Thu Jul 27, 2006 1:49 am Post subject: |
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but, you can't get another VISA issuance number until that one expires which takes 90 days. But no other problems.
KPRROK |
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Homer
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| Posted: Thu Jul 27, 2006 4:30 am Post subject: |
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What was said is accurate.
However...I wonder why you would balk now...whats the big deal here?
What compensation did you expect prior to starting your job? |
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tselem
Joined: 24 Apr 2006
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| Posted: Thu Jul 27, 2006 5:46 am Post subject: |
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| Homer wrote: |
| However...I wonder why you would balk now...whats the big deal here? |
The more I reviewed the position, the more I realized I let myself be pushed into a bum contract which I'm not happy with.
| Homer wrote: |
| What compensation did you expect prior to starting your job? |
I didn't expect any. I just dropped that in to clarify no money had exchanged hands between them and myself. Hence, no financial issues were in play. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Thu Jul 27, 2006 6:05 am Post subject: |
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| Good for you tselm dont sign any crap contract! Many people do and spend a year in misery! |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Thu Jul 27, 2006 6:36 am Post subject: |
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Immigration doesn't like cancelling things once a visa issuance number has been issued. They have been known to refuse to do it.
If they won't cancel it, you'll have to wait another year before you can apply for another one. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Jul 27, 2006 7:41 am Post subject: |
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BigBuds is correct. You are locked in for a year unless you are released. You also have a signed contract which means you are obligated to give notice under the terms of the contract. If you resign right away and give a good reason, the school could try to replace you ASAP. If they can replace you quickly and have no significant financial losses then no harm done and they might release you. On the other hand, your breach of contract could cause substantial financial losses. It hurts the students. You could face legal action for breach of contract.
When did they expect you to arrive? Can you give them enough notice to replace you? If not, don't expect to come to Korea in a month for another job. |
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Homer
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| Posted: Thu Jul 27, 2006 9:03 am Post subject: |
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Ok tselem,
Thanks for the clarification.
Good luck! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 27, 2006 10:46 pm Post subject: |
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| BigBuds wrote: |
Immigration doesn't like cancelling things once a visa issuance number has been issued. They have been known to refuse to do it.
If they won't cancel it, you'll have to wait another year before you can apply for another one. |
This is NOT accurate. The visa issuance number is ONLY good for 90 days at which time, if it has NOT been used, it expires.
If you have NOT used the number within that time a NEW visa confirmation number will have to be applied for.
The same holds true for your visa. If you have received the visa in your passport it will be good for 90 days. If you have NOT entered Korea within that time frame it will expire and a new visa application will have to be made. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Thu Jul 27, 2006 10:57 pm Post subject: |
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Please post a copy of your contract. If you don't, then I respect your decision not to. I'm in agreement with Grotto. Don't sign a pile of shit contract  |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Fri Jul 28, 2006 1:03 am Post subject: |
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| ttompatz wrote: |
| BigBuds wrote: |
Immigration doesn't like cancelling things once a visa issuance number has been issued. They have been known to refuse to do it.
If they won't cancel it, you'll have to wait another year before you can apply for another one. |
This is NOT accurate. The visa issuance number is ONLY good for 90 days at which time, if it has NOT been used, it expires.
If you have NOT used the number within that time a NEW visa confirmation number will have to be applied for.
The same holds true for your visa. If you have received the visa in your passport it will be good for 90 days. If you have NOT entered Korea within that time frame it will expire and a new visa application will have to be made. |
Teachnically you are correct about the 90 day thing in regard to the visa issuance number but if you've been in Korea long enough you would know that this isn't the way it always/usually works. Immigration is famous for doing what they want not what the rules say.
Once your E-2 visa is in your passport it is valid for a year even if you haven't entered the country and will still need to be cancelled by the school or a Letter of Release issued to the teacher to obtain a new one. It doesn't become active until you enter the country but if you look at one when it is first issued it still has a starting date and is valid for one year.
If you don't enter the country within 90 days it will no longer be valid for entering the country (it is still valid as a working visa though) and if you still come to Korea to work for the same school they will have to apply for a new one (there is a special permission thing they can apply for to have it reactivated as an entry visa, I forget what it's called). However, if you are coming to work for a different school, your previous E-2 visa is still valid (it doesn't matter whether or not 90 days has passed. It is still valid as a work visa, it is just not valid to enter the country after 90 days) and it will have to be cancelled by the previous school which it was issued for or a Letter of Release issued to the teacher by the previous school (which would be highly unlikely considering the teacher just ditched their job).
I'm not saying this is right as I can understand that some teachers find out how bad their contract is after everything is done with immigration or even later but IMHO if people are a bit more willing to research things, by looking at sites like this or efl-law, before signing their lives away for a year they could save thmeselves a lot of the problems that we all later end up hearing about or reading on here. At times some teachers can be their own worst enemy, then again, some good jobs can turn to sh*t during or right at the end of a contract (which is what happened to me on my first contract in Korea many years ago. Bloody eleventh month firings  )
Anyway, I hope it all works out for you. |
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prairieboy
Joined: 14 Sep 2003
Location: The batcave.
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| Posted: Sat Jul 29, 2006 4:52 pm Post subject: |
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Straight from the Immi Q&A section:
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Title <체류과>Cancel visa applicaiton?
Name KEB
Date 2006/06/23 Hit 40
Context Recently arrived in Korea to teach, and found that I was lied- was told
there would be 4 other foreign teackers, and in fact it was only me. I do
not have my visa yet, though I believe I have my issuance number at
immigration, just havent' made that trip to Japan yet. Am I bound in a
contract with this school, or because I do not have my full visa,and am
just on a tourist visa right now, am I able to walk away and get another
job? Or, am I able to cancel the visa application on the grounds that I
was lied to? Thanks!
State answered
Title re:<체류과>Cancel visa applicaiton?
Name 출입국대표 Depart
Email Date 2006/07/04
Context Thank you for your question.
You can cancel the visa application, however, if you want to get another job, you are required to get a new visa.
File |
You can check for yourself at http://www.immigration.go.kr/indeximmeng.html
click on Q&A. This question is on Page 9 so it's only got another week at most left before it disappears forever.
At any rate, there is no mention of waiting 90 days for the issuance number to expire, nor is there mention of needing a letter of release (the visa hasn't been issued so why would a letter of release be needed?).
Any questions, why not post it on the immi Q&A and see if they answer it.
Cheers |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Sat Jul 29, 2006 7:47 pm Post subject: |
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At lot of the problems with immigration is they don't even know their own rules. You speak to one person one day and get an answer, and then ask a different person the same question the next day just to make sure you have it correct, and be given a completely different answer  .
It's happaned to me on more than a few occassions. |
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