Changing Employment for E9 Visa Holders: A Guide

Foreign workers holding an E9 visa often find themselves employed in sectors like agriculture, manufacturing, or construction. Due to various circumstances, they may need to switch their place of employment. This could happen especially if they’re working in a rural area or facing issues like unpaid wages, which may compel them to change jobs against their wishes. However, it’s important to note that terminating an employment contract during its duration can be quite challenging without valid reasons.

In light of these challenges, we’ve gathered information on how foreign workers can apply to change their workplace through legal channels. In this article, we will provide a comprehensive overview of the conditions and procedures for E9 visa holders looking to change their employment.

Conditions for Changing Employment as an E9 Visa Holder

For an E9 visa foreign worker to change their workplace, they need to meet certain legitimate criteria, such as:

1. Contract Termination: If the employer has valid reasons to terminate the employment contract during its term or refuses to renew it after expiration.

2. Unavoidable Work Suspension: If the worker cannot continue in their position due to circumstances beyond their control, like business closures or other operational halts.

3. Cancellation of Employment Permit: If the employment permit has been revoked or if there are restrictions imposed on employment.

4. Unfair Working Conditions: If the work conditions differ significantly from those agreed in the contract, or if the worker faces treatment deemed unjust according to societal norms, making it difficult to maintain the contract.

5. Health Issues: If a worker is unable to work due to injuries or health concerns.

If these criteria are met, the worker must submit a request to change their workplace to the local Ministry of Employment and Labor within one month.

It’s crucial for E9 visa holders to be aware that failing to apply for or report a change in their employment could lead to forced deportation. Therefore, vigilance is essential.

Procedure for Changing Employment of E9 Visa Holders

Changing an employer is a significant process for both foreign workers and employers. Here’s how it typically unfolds:

1. Application for Workplace Change: The E9 visa worker must obtain permission from the Immigration Office within three months of submitting their application to change employment.

2. Documentation Preparation: The following documents are typically required for the application process:

• Integrated Application Form
• Passport
• Alien Registration Card
• Application Fee (approximately 120,000 KRW)
• Copy of Employment Permit
• Copy of Standard Employment Contract
• Copy of Business Registration Certificate
• Documents proving residency

1. Submission of Application: Once all necessary documents are prepared, they must be submitted to the appropriate Ministry of Employment and Labor office. Generally, this procedure can be completed within a month.

Limitations for E9 Visa Holders Changing Employment

E9 visa holders do face some restrictions regarding changes in their workplace. The following limitations apply:

1. Limit on Change Requests: E9 visa holders can only change workplaces up to three times within the three-year employment period after arriving in Korea. If their stay has been extended through re-employment procedures, they may not change jobs more than twice additionally.

2. Duration of Stay: E9 visa holders can work for a maximum of 4 years and 10 months. Upon completion of this period, they must return to their home country. However, if the employer from a previous role invites them back, they can re-enter as a diligent worker.

3. Restrictions on Re-entry: Even after re-entering, the maximum stay remains at 4 years and 10 months. If they leave after re-entry, another immigration is not permitted.

Considerations and Important Notes for E9 Visa Holders

• Family Not Allowed: E9 visa holders are not permitted to invite their families to Korea during their stay, making long-term or family-based residency challenging.

• Employer Relations: While issues like contract violations or unpaid wages can potentially be addressed through job changes, the process can be complex and time-consuming.

• Timeliness in Applications: Delaying the application for a change of employment can result in being classified as an unlawful resident, leading to forced deportation. Therefore, it’s imperative to complete the application within one month.

If a foreign worker needs to change their workplace, adhering to the correct procedures and ensuring all relevant documentation is submitted promptly is vital. Failing to follow these steps could lead to severe consequences, including forced deportation. Careful attention to each phase of the process is advisable.

This information reflects the current situation as of the writing date, and government policies are subject to change. Please note that this article is for informational purposes and does not offer legal interpretations or advice. For additional consultations, you can visit 1:1 Consultation Board.