E-7 Visa: Reporting and Procedures for Foreign Workers Resigning
When a foreign worker holding an E-7 visa decides to resign, it’s essential for both the company and the individual to report this change to their local Immigration Office within 14 days. This notification is a shared responsibility, and failing to act promptly can lead to significant consequences. For those wishing to remain in South Korea post-resignation, applying for a different visa category will be necessary.
Transitioning from E-7 to D-10 Visa for Graduates
International graduates from Korean universities who resign after securing a job with an E-7 visa typically have the option to switch to a D-10 (Job-Seeking) visa to extend their stay. The D-10 visa is intended for job-seeking activities and can generally be renewed every six months, for up to four times. However, each transition back to an E-7 visa deducts one renewal opportunity. If a foreign worker has exhausted all four D-10 renewals after resigning from an E-7 position, they will not be able to reapply for a D-10 visa, limiting their options for extending their stay.
In cases where resignation is due to circumstances attributable to the company, it may be possible to obtain a D-10 visa again if proper documentation is provided.
Claiming a D-10 Visa Due to Company Responsibility
Should a resignation arise from unavoidable company issues, it’s vital to gather documents proving this circumstance. If this condition is met, transitioning from the E-7 visa back to the D-10 visa for the purpose of job searching can be achieved. Additionally, if the company provides a ‘Transfer Agreement,’ it may facilitate application processes with potential new employers, making this a critical element when resigning and seeking reemployment. Consequently, if the existing company acknowledges its culpability or allows for the transition, employers will find it easier to apply for a D-10 visa for job-seeking.
Conditions and Required Documents for Maintaining E-7 Visa During Job Transitions
If you’re aiming to change jobs rather than resign, certain conditions must be met to retain your E-7 visa. Primarily, the E-7 visa is issued to skilled professionals, and approval for job changes can only occur within the same industry. A ‘Transfer Agreement’ from the current employer is mandatory for this process; changes can only be approved if the company’s wrongdoing is substantiated. Thus, foreign workers holding E-7 visas must secure endorsement for a job change from their existing employer. If approval isn’t granted, transitioning to a D-10 job-seeking visa may be considered, for which substantial evidence will be required. Without the Transfer Agreement or proof of the company’s fault, changing jobs becomes challenging.
It’s crucial that if you’re interested in transitioning, you must switch to a role within the same sector and obtain a Transfer Agreement from your current employer.
Transitioning within the Same Industry
Foreign workers employed under the E-7 visa can only switch jobs within their current industry. Even in this scenario, the submission of a Transfer Agreement from the current employer is necessary for the Immigration Office’s approval.
Transitioning without a Transfer Agreement
If a Transfer Agreement is not issued but evidence of the company’s fault is present, the worker may apply for job change by providing this proof.
Considerations for E-7-4 or Kpoint E74 Visa Holders
Please note that the information above pertains to the standard E-7 visa. The processes for E-7-4 or Kpoint E74 visas can be more complex and may involve additional requirements.
Important Considerations for Foreign Workers and Employers
Foreign workers and employers must carefully handle all procedures and documents related to resignations and job changes. Any errors in this process could hinder future employment of foreign workers or create complications in extending existing visas. Consulting with an immigration specialist after resigning is crucial to find suitable methods for changing visa status tailored to your circumstances. Failing to act immediately post-resignation could jeopardize your visa status, so it’s advisable to seek guidance and prepare the necessary steps beforehand.
For foreign workers considering resignation or job changes with an E-7 visa, understanding your situation thoroughly and preparing for the required procedures in advance is vital. We recommend that all processes related to resignations and job transitions be methodically managed in consultation with immigration experts.
This guide reflects the situation as of its writing and is subject to changes in government policy. It serves purely as informational content and does not provide legal interpretations or judgments. For further inquiries, additional consultations can be sought at our 1:1 consultation board.