Can an E-7-4 Visa Holder Change Employers Due to Unpaid Wages?
If you’re a foreign national residing in South Korea under the E-7-4 visa and are facing issues with unpaid wages, you might be wondering whether it’s possible to switch employers. Many are curious about the requirements and procedures involved in such cases. Below is a comprehensive guide based on real-world examples.
1. Unpaid Wages Are Considered Valid Grounds for Changing Employment
If your current employer acknowledges the unpaid wages and cooperates by providing statements and relevant documentation, you can change your workplace without needing a transfer agreement from your current employer. In essence, unpaid wages can be regarded as legitimate grounds for leaving a job, and if you have documentation proving this situation, you can submit your application for a change.
2. Possibility of Exceptions Even with Insufficient Points
To maintain your E-7-4 visa status and change employers, you typically need to accrue at least 50 points in the income category out of a total of 200 points. However, if a foreign worker has not met the average income criteria due to situations like unpaid leave initiated by the employer, they can argue for exceptions through the employer’s statements. The immigration office may consider these circumstances and grant exceptions accordingly.
3. Submission of Application Might Be Challenging If Employment Has Not Ended
The immigration office often holds off on processing applications when the employment relationship is still active. This means that unless you have officially resigned, your application may be put on hold. Generally, the application can only proceed after the employment has been terminated, or when a labor office has confirmed the unpaid wage issue.
4. Receipt of Unpaid Wage Claims Might Not Suffice for Application
A labor office receipt merely indicates that a complaint has been lodged and does not serve as definitive proof that unpaid wages have been established. Because of this, your application might be rejected outright. It’s crucial to submit supplementary materials, such as the employer’s statements, payslips, and bank transfer records, along with your application.
5. Reporting to Employment Centers Is Not Required
The E-7-4 visa falls outside the jurisdiction of the Ministry of Employment and Labor, so there’s no need to undertake any separate reporting procedures through employment centers. The fact of resignation can be substantiated through documents like a termination certificate or an acknowledgment of resignation.
6. Practical Steps to Take
- Verify that you can provide supporting documentation like the employer’s statement and evidence of unpaid wages.
- Reach out to the immigration office to check the application process before resigning.
- Consider waiting for the labor office to finalize the unpaid wage case before submitting your documentation.
- Plan the timing of your resignation in alignment with the effective dates of your new employment contract.
Conclusion
While you can change employers due to unpaid wages, it’s crucial that either your employment relationship has ended or that your unpaid wage claim has been confirmed. Ensure to communicate effectively with the immigration office to verify whether your documentation is in order before proceeding. This information is based on resources available as of May 2025 and serves as general guidance. Individual situations may vary, so personalized consultations can be arranged through the 1:1 Consultation Board.