Today, I went to the Seoul Southern Immigration Office to report a change in my client's workplace for E-7 visa
The Seoul Southern Immigration Office is convenient because unlike other immigration offices in the metropolitan area, you can park your car there at any time.
For E-7 visa holders, changing the workplace requires reporting the change to the immigration authorities, with the exception of 14 specific job categories. ※These 14 job categories are subject to approval for changing workplaces. - mechanical engineering technician(2351), - draughtsman(2395), - Overseas Sales Representative (2742), specifically for online product sales - Overseas Sales Representative (2742), specifically for online product sales - Sales Office Worker (31215)
- Cook and Chef (441) - Customer Service Office Worker (3991) - Hotel Receptionist (3922) - Medical Coordinator (S3922) - aquaculture engineer(6301), - Ship Welder (7430) - Skilled skill score system workers [Root Industry Skilled Skilled Skilled Skilled Worker (S740),
- Agriculture, Food and Rural Affairs Skilled Professionals (S610), - General Manufacturing and Construction Industry Skilled Workers (S700) The difference between reporting a workplace change and obtaining approval is that reporting allows you to start working at your new job immediately, and you must report the change within 15 days. In the case of approval, you must obtain permission before you can work at your new job. For those requiring approval, working before obtaining it is not allowed. The common point is that for E-7 visa holders, when the workplace changes, you must prepare and submit almost the same documents as those submitted when initially applying for the E-7 visa.
This is because the E-7 visa is issued based on the combination of the company and the applicant, and when the company changes, a new combination must be assessed. ※Therefore, for E-7 visa holders, even in the case of a workplace change report, it is common for the report not to be approved (for example, when the new company does not meet the qualifications for the specific job category or when the new company and the applicant's combination is deemed unsuitable). The evaluation process can be as strict as it was when initially applying for the E-7 visa. That's why it's essential not to overlook the process even if it's just a workplace change report.
In the case of a workplace change, even if the company changes, you will usually reapply for the same job category that you applied for when you initially obtained your E-7 visa. This is because there is usually no change in the applicant's education, major, or work experience as a professional.
※ Additionally, if the nature of the work (field of business) changes when you start working for a new company, you must consider the applicant's education, major, and work experience to find the most suitable job category.
In such cases, the E-7 job code will change, and you will need to apply for a change in visa status, not just a workplace change report. This means you must apply for a new E-7 visa in a different job category. In this case, you cannot work until you receive permission.
Furthermore, for E-7 visa holders, regardless of whether it's a workplace change report or approval, an "Agreement for Transfer of Employment" from the previous employer is mandatory. There are only two exceptions: when the company has closed or when wages have been unpaid.
For more detailed information about the requirements and documents needed for reporting or obtaining approval for a workplace change for E-7 visa holders, you can check the link below.
Now, let's explore the case of a workplace change report for an E-7 visa that I handled today.
The applicant is a Malaysian national who worked as a sales and marketing manager at a company. The company where the applicant worked (a foreign company's Korean branch) underwent a merger and acquisition with a globally renowned international transportation company (another foreign company's Korean branch), leading to the need for a workplace change report.
※ In cases of mergers and acquisitions, the first thing to check is whether the previous company has closed down or if it is still operational. In other words, whether the previous company's business registration certificate still exists or not.
If the merger and acquisition resulted in the complete dissolution of the previous company, and foreign employees working under E-7 visas were also absorbed by the acquiring company, then they become subjects for a workplace change report or are not subject to any employment change report.
However, if the previous company only underwent a change in ownership through stock acquisition and still exists and operates in some capacity, and the acquiring company decides to hire foreign employees previously under E-7 visas back under the same visa category, then this becomes a case for a workplace change report or requires approval.
※ In such cases, when reporting a workplace change, it is essential to attach the business registration certificate of the previous company. Even for E-7 visa holders, any changes in stock or ownership status must be documented and included.
The applicant's job category was one of the 15 manager categories for E-7 visas, specifically as a sales and marketing manager. However, with the merger and acquisition, the applicant's new role at the acquiring company is as a manager for liquid cargo transportation sales.
※ I have posted about this a few times before. Among the 15 manager categories under the E-7 visa, the salary criteria apply. Of course, the salary may vary depending on the company's circumstances, but since it is a managerial position (typically at the level of department head or above), the salary should be reasonably substantial. Therefore, I generally do not apply for manager positions unless the salary is at least 40 million KRW annually (ideally over 50 million KRW consistently).
For reference, the applicant's current annual salary is 96 million KRW.
Finally, let's take a look at the requirements and conditions for sales and marketing managers under the E-7 visa
E-7 Visa for Sales and Marketing Managers
◆ (Job Description)
- Planning, directing, and supervising the operation of retail businesses and general sales departments, as well as overseeing the activities of technical sales departments in fields such as electronic communications, information technology, industrial machinery, and automotive sales. Also, planning, directing, supervising, and coordinating the operation of trading companies and trading intermediaries.
◆ (Examples of Eligible Occupations)
- Managers in sales, managers in marketing, managers in trade ※ Not eligible: Branch managers, etc.
◆ (Issuance of Employment Recommendation) IT field: Minister of Industry, Trade, and Resources (KOTRA)
◆ (Qualification Requirements, Issuance of Work Permits, Residence Management, etc.) Standard criteria apply.