Korea Breaking Your Contract and Changing Jobs

Teaching in Korea: Breaking Contracts

This page is designed to help ESL teachers in Korea get all the information on how to change jobs in Korea. Let's face it all the information out there on changing jobs is too scattered and varies depending on people's situation. Here we will cover all the situations! So you won't have to look any further! Please be advised though, your employer has probably invested a lot in you, so think carefully before you switch contracts.

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Do I Need to Do a Visa Run?

Information on Teaching in Korea

Having a Letter of Release
If you have a letter of release it will make your life simpler because you won't have to do a visa run to Japan. You can do what is called a visa transfer in which your current visa will be transferred to your new school. In this case, if you plan to change from a private school to any other type of school you will not need to do a visa run to Japan. However if you're quitting your public school job and changing to any different school then you need to finish at least nine months of your contract to avoid the 'Visa Run' to Japan. If you're at a public school and you have not finished nine months you do not need a letter of release period. Don't bother even asking for one because you are not eligible for the visa transfer.

Do you really need a letter of release?
No, not at all. If you decide to leave your job and look for a new one many recruiters will tell you that you need a letter of release from your current school or else you cannot get a new visa. This simple isn't true at all, as I have obtained a new visa myself without a letter of release. The only reason you would need a letter of release to avoid a visa run to Japan. Regardless of how much of the contract you completed you can obtain a new visa by doing a visa run. If your recruiter tells you otherwise, then it would be smart not to work with them anyway as they aren't knowledgeable on immigration topics which could get you into a sticky situation later.

Do you really need a new criminal record check and health check?

The truth is no, unless you leave the country before a new visa confirmation number is processed at your esl job. Whether or not you have a letter of release you don't need a new criminal check or health check for your new visa. When your first job visa is canceled you will be given a 30 day window to obtain a new visa. During this time you must remain in Korea and have your new job immediately apply for a new visa. They must do this quickly because it takes two weeks to process a visa confirmation number which will shorten your allowed time. If you are required to do a visa run because you have no letter of release then once your visa confirmation number is processed, you can and must leave the country to get your new visa.

However, your new jobs may require you to have a new criminal check and health check for their personal records. Both of my new jobs required I have them; luckily I prepared a new criminal check in advance. Immigration will not provide you with an old copy of these documents, as I tried. Just always be careful and have more than required of you as a security measure.

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Korea Breaking Your Contract: How To Get a Letter of Release

Having a letter of release will save you time and money from doing a visa run to Japan. How exactly do you get one of these? Many employers will straight up refuse this document because you are quitting your esl job by breaking a contract. There is a way to get this document, but it takes a little effort on your part. You have to be strong and let go of some of your worries and I can promise you that regardless if this method works for you, you will be okay whatever the outcome. I would also like to remind you only to do this in cases where your employer isn't being helpful. Many employers in Korea are helpful and might provide this letter to you if you ask for it nicely, but if they say no way then you can try the method in this article.

Why getting the letter of release is convenient
In the case you do get a letter of release you need to do a 'visa transfer' and you do not need a new criminal background check or hospital check if you have a new job lined up. You can go by yourself to immigration with the letter of release and business documentation from the school your quitting to cancel your visa. You do not need a public school official to come with you. You won't need to hand in your ARC card. You are allowed a window of 30 days to apply for a new E-2 visa. Provide your new school with an apostilled copy of your diploma, 2 passport photos, self-medical check, and passport copy. Your new school needs to apply for a new E-2 Visa immediately. Go back to immigration in Korea (no visa run) and they will transfer your old visa in their computer to your new school. They won't provide you with a new visa sticker or new expiration date on the visa, BUT your visa will be extended for another year on the office computers at immigration.

How to Get a Letter of Release
If your current school insists that you give notice based on contractual agreement, but they won't give you a letter of release or a reference then there is no need to stay if you have a new job lined up. While it is true that if you don't have a letter of release then you need to be with the school at immigration to cancel your own visa, the school must cancel it on their own if you don't show up for work.

So here is what you need to do to get the letter of release. First, tell them you won't stay unless they give you one. If that doesn't work then don't show up the next day and call them again to ask one more time. There are two outcomes that could happen if you decide to try this method. The first will be the ideal outcome and the second is the unfavorable, but still workable outcome. Bear in mind, schools will call your bluff if you do not act. This means most likely even if you say you won't return, they might think you are bluffing.

The best outcome is for you get the letter of release. Why will they give this to you? Because it takes time to find a new teacher and when they do find someone suitable to replace you it takes 2 to 4 weeks to reprocess your old visa. Moreover schools are allotted only a certain number of visas and they will need to start the cancellation process immediately in order to use your allotted visa for a new teacher. Unless they have the resources to cover all your old teaching hours, they will have no other option than to give you this letter. Otherwise they will owe big money to their customers for not having a foreign teacher.

The worst case scenario is that your employer still does not agree to give you the letter of release after you decide not to return to work. Here your employer will be required to cancel your visa and you will be required to do a visa run. You will be given a 30 day window from the day your old job cancels the visa to either find a new job or leave the country. You will not be blacklisted, but rather the Korean government will give you a 30 day window. Don't let anyone tell you otherwise. I suggest having a job lined up because it will take this new job two weeks to process a visa number before you can go to Japan. Additionally, without the letter of release you won't need a new criminal check or health check from the hospital. But you must not leave the country until your new visa confirmation number is processed at your new school.

I have tried this method before. I changed from a private to a public school and my private school initially refused my letter of release. So I didn't show up the next day, called them and told them I would not come back unless they gave one to me. This method can seem kind of harsh, but it works. They gave me the letter of release, provided I would work another month until they could find a replacement. This method has also worked for other teachers I know. Don't show up for a day; let them feel the heat and they will write out the letter for you provided you come back until they find a replacement.

Procedures to Change Schools Without a Letter of Release

In this scenario you need to get a brand new visa and you don't need another criminal background check or hospital check only if you secure a new visa within 30 days. You will also be required to do a visa run.

1) If your school will provide you with future references then give them adequate notice and time to find a new teacher. If your school will not provide you with a reference then you set the day of when you will be ending your employment in accordance of when your new job starts.

2) You must cancel your visa with your current employer at immigration and you cannot do this alone. However, if you're desperate you can buy a one-way ticket to Japan and inform immigration you won't come back they will then cancel your visa at the airport.

3) Provide your new school with an original diploma, a sealed transcript, 2 passport photos, self-medical check, and passport copy.

4) They will give you 30 days from the date of cancel to obtain a new visa, but your new school needs to apply for the E-2 Visa immediately in order for them to receive your visa confirmation number. The number could take two weeks to process or longer.

5) You will have to wait for your new employer or recruiter to tell you when your visa confirmation number is ready before you can go off on your visa run and get your new visa. Do not leave the country before this visa confirmation number is processed or else you will have to get a new criminal check from your home country and be required to complete a new medical check. If you prepared these already you have nothing to worry about.

6) When your confirmation number is ready, your new employer will give you their business registration and two signed copies of the new contract. Bring this with your passport when you fly off to Fukuoka, Japan or else you will run into some major problems. Also your new employer should pay for your visa run.

7) Fly back with your new visa and reapply for your ARC card through local Korean immigration. Your new employer should instruct you on how to do this.

If You're Quitting a Public School and Haven't Finished 9 Months

A Letter of Release is Useless

This only applies to public schools. So if you haven't finished the 9 months you will be required to do a visa run which means you really don't need a letter of release unless your new employer requires it for your job. It certainly won't be required to change your visa when you get to Japan. All this means is you are not eligible for the visa transfer that allows you to stay in the country and change your visa.

However, if you're changing from a private school a visa transfer is possible at any time, regardless of how much of the contract you finished. And with the letter of release can do a visa transfer without leaving the country.

With a Letter of Release You Can Do a Visa Transfer

No Visa Run Required and Stay in Korea

You do not need a new criminal background check or hospital check if you can secure your visa within 30 days, this should be easier because you don't have to leave the country. You must hold a letter of release. And you must be changing from a private school OR from a public school with 9 months of contract completion.

1. You can go by yourself to immigration with the letter of release and business documentation from the school to cancel your visa. You do not need a public school official to come with you. Keep your ARC card.

2. You are allowed a window of 30 days to apply for a new E-2 visa

3. Provide your new school with an apostilled copy of your diploma, a sealed transcript, 2 passport photos, self-medical check, and passport copy

4. Your new school needs to apply for a new E-2 Visa within the 30 day time-frame.

5. Go back to immigration in Korea (no visa run) and they will transfer your old visa in their computer to your new school. They won't provide you with a new visa sticker or new expiration date on the visa, BUT your visa will be extended for another year on the office computers at immigration.

This UpMarket page written by

eslasiaguide

I'm a 28 year old American who started a career as an ESL teacher in Seoul, Korea and currently I'm a full-time ESL teacher at a high school in Taipei... more »

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