Author Topic: E-2 visa regulation discussion thread.  (Read 4480 times)

Offline Brian

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E-2 visa regulation discussion thread.
« on: December 05, 2007, 09:14:25 pm »
As the other thread capebretonbarbarian started got bogged down with in-fighting, let's use this thread to discuss the new E-2 visa regulations and procedures that may come to pass.

Opinions are welcome and encouraged.  There is, however, a lot of heresay, speculation, and misinformation floating around Dave's and the other sites, so try and use links and sources when passing along new information. 

Thanks.
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Offline Samuel

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Re: E-2 visa regulation discussion thread.
« Reply #1 on: December 06, 2007, 08:00:23 am »

 Well, the information is shady right now, but as I understand it, resigners will have to submit an official background check within 90 days of having one's visa approved. That means the resigner needs to conduct an official check from Korea, which disqualifies a resigner from using a third party to conduct such a check. In the case of Canada, the RCMP can require up to six months to process such a request.

 Or is my information wrong?

 P.S: If this thread get's out of line, let's just ignore Ann Coulter et al, or lock the discussion.
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Offline Brian

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Re: E-2 visa regulation discussion thread.
« Reply #2 on: December 06, 2007, 08:26:24 am »
Everybody gets those mass emails from the education office, right?  Here's the attachment they sent which lists the new requirements.  It comes from Andrea, who in turn gets it from somebody else I guess, but again, there's been no official word on if these are finalized, or what.  Also, no word on the process by which these things should be obtained.  Basically a copy-and-paste, so the vagueness and formatting problems are not my fault. 

Anyway:
~~~

Quote
E-2 Visa Application (Amended)

Enforced as of December 15th, 2007

- Newly Required Documents

      *Criminal Record (should be submitted with other documents when you apply for E-2 Visa to immigration office)

      *Health Statement (should be submitted with other documents when you apply for E-2 Visa to immigration office)             

      *Health Certificate (should be submitted when you apply for ID card to immigration office after your arrival in Korea)


Criminal Record,

America, South Africa, UK, Ireland, Austrailia : needs Apostille stamp/seal from his/her   own country authorities

      (should check where you can get the stamp/seal in your country)

      if criminal record certificate is issued by his/her consulate/embassy in Korea, apostille stamp/seal does not need.

- Canada : criminal record should be certified by Korean Consulate/Embassy in Canada

- Criminal Record Certificate issued within 90 days as of the date of Visa application to

    immigration office is only valid.


Teachers who will apply for Visa  after Dec 15th, 2007

  should submit criminal record, health statement and health certificate.


Teachers who are working in Korea currently

   should submit criminal record and health certificate when they extend Visa to renew their

   contract or to change their work place

   if any teacher who has to extend his/her visa has a criminal record check certified by

Apostille or Korean cosulate within 90 days before Visa extension application date, he/she can submit the criminal record check with other documents to extend his/her Visa 

   Or if he/she does not have certified criminal record check, he/she can submit other

      documents to extend his/her Visa and submit the certified criminal record check later

        within 90 days after the date of Visa extension application date. 


Health Statement

  should be filled in by applicant himself/herself.


Health Certificate

  issued in Korea within 90 days as of the date of Visa application to immigration office

   is only valid and TBPE, Cannabinoid, HIV check should be included.


Visa-run is possible only for the teachers who have worked in Korea with E-1, E-2 and

  E-3 Visa.


Interview : All the E-2 Visa applicants should have interview with Korean consulate but

                 it could be omitted according to Korean consulate's situation.


If I may be so bold as to give an opinion, health checks and criminal checks are fine.  Inconvenient, but a necessary step, and hopefully the government will finally learn to keep these things on file. 

What bugs me is the business---again, nothing official---of having to go back home to have a bunch of this stuff done.  I really don't understand why these things can't be handled in-country. 

And, it goes without saying that I strongly object to the racist characterization of foreigners as criminals, drug-addicts, AIDS patients, pedophiles, and unqualified loafers.  I've made my opinions known to Andrea, on Dave's, on blogs, and in the paper, so I won't get into it now.  It's worth having a look, though, at the notice sent out last month by immigration, and which appeared on its website.  There is a translation on Pusanweb, but the choicest quotation is this:

Quote
The Korean Government will prevent illegal activities by verifying requirements of native English teacher and tighten their non-immigrant status [...] [and will] eradicate illegal activities of native English teachers who are causing social problems such as ineligible lectures, taking drugs and sex crimes. English teachers, who disturb social order during their staying in Korea such as illegal teaching, taking drugs and sex crimes, will be banned from entering South Korea.[...] [They will] prevent illegal English teaching activities and the taking of drugs and sexual harassment of English teachers, [...] teachers who disrupt the social order by taking drugs, committing sexual harassment and alcohol intoxication.

As much as I'd love to "grin and bear it," I find this prevailing attitude offensive, and hard to justify. 

Don't want to get into an argument about loving or hating Korea . . . I provided sources, so I think I'm safe for now.  ;)
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Offline Virginia

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Re: E-2 visa regulation discussion thread.
« Reply #3 on: December 08, 2007, 04:50:56 pm »
Pure opinion: Although I do agree that health and background checks are not out of line, this whole issue has gotten me rather angry. I had to close Andrea's latest e-mail to us re: E2 and take a walk before replying to her.

1) I do not do any sort of drugs, but I do know of people who are visiting countries where cannabis, for example, is legal and they may choose to partake of it. What will the cannabis test tell them? It will not enlighten any authorities as to whether the drug was taken in an area where it is legal (or tolerated) or if it was used in Korea. p.s. there are ways to cleanse in preparation for such a test - and that's why God invented Google.

2) My criminal check was done before I left Canada in 2006. WHY do I need to go through the hassle to do another one? I've been living in Korea since my check was done (except for a few vacations here and there), which means that it should still be valid.

3) What are the politics involved behind the HIV test? Is it in the interest of protecting the children or because of the health insurance issue?

Once again - pure opinion - but I can clearly recall, back in the day, when "Teaching English in South Korea" was akin to "I can't get a job anywhere else, nor do I really have a good degree in anything, so I might as well do this". I know of so many people who came here in the 90s with "almost-finished degrees", since their hogwans would provide them with the necessary documentation to fudge their way through their year here (That problem - the diploma thing - was the cause of a sweep a few years back which resulted in the imprisonment and deportation of many foreign workers. I have no idea if any of the hogwan owners were punished as well).

There isn't really much we can do, except wait and see if all this will be necessary, or if the tide will turn after the upcoming election....

I, for one, am trying to keep my indignation and offense to a dull roar.... and keeping my fingers crossed that it will all end up going smoothly.

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Offline Brian

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Re: E-2 visa regulation discussion thread.
« Reply #4 on: December 31, 2007, 04:50:39 pm »
Misinformation and confusion all around, even in our updates from Andrea.

I found these two paragraphs from a US Embassy email sadly amusing, emphasis mine:

Quote
Regrettably, the Korea Immigration Service (KIS) has placed incorrect information on its website concerning services U.S. embassies can and cannot perform. As of this writing the "New Release: Mandatory Requirements of Criminal Background Check and Health Certificate" on the KIS website contains incorrect information about the length of time it can take to get a criminal records check in the U.S. and also states erroneously that the U.S. Embassy can notarize or certify background checks. We have asked that the incorrect information be removed from the KIS website and we regret any inconvenience or misunderstanding that has resulted from their explanation of our services.

As we receive updated information on the Korean visa requirements, we will post it on our website. The U.S. Embassy website will also continue to be the best source of information about the services that we are able to provide under U.S. law and regulation. If you have further questions, we suggest that you contact the office responsible for the new requirements, the Korea Immigration Service, Border Control Division, at 500-9116, 500-9117, or 500-9118, or consult their website at http://seoul.immigration.go.kr/HP/IMM80/index.do or the Ministry of Justice website (in Korean only) at
http://moj.korea.kr/moj/jsp/moj1_branch.jsp?_action=news_view&_property=p_sec_1&_id=155250149.

US citizens can find more information from the US Embassy site

Best course of action for those not renewing until fall is to wait it out, I guess, rather than jumping through hoops that may turn out unnecessary or impossible.  Still find all these procedures reactionary, discriminatory, and racist, of course, but that should go without saying.
« Last Edit: December 31, 2007, 04:55:18 pm by Smee »
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Offline confusedsafferinkorea

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Visa renewing
« Reply #5 on: January 14, 2011, 04:31:13 pm »
There has been a lot of rumours and discussion around criminal record checks and apostillising of degrees lately and in the end SMOE sent out a notice to say that for those renewing, those things had been put on hold till 2012.  Today, one of my friends went to Immigration for another reason but her friend was there to renew and was told that they have changed their minds again and now it applies again.

This is unbelievable, how can they chop and change like this?  I will only renew in August 2011 (perhaps) so it doesn't really affect me yet, but obviously soon it will.

Have any of you heard about this change again?
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Offline Morticae

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Re: Visa renewing
« Reply #6 on: January 14, 2011, 05:58:31 pm »
Everybody should know about the FBI change by now. People keep looking for exceptions or ways to get around it because they didn't start the process early enough, but you should just get the check. By now, it shouldn't be an issue in my opinion. There has been enough time to get it done. I hope to renew in August, like you, so I plan on starting my FBI check next month perhaps, whether they say I need it or not. It's good for six months, and it'll take a couple months for them to print it, so I wont have to worry. The apostilled degree copy I already gave them, I can get another one easily enough (Last time I had a friend run around and do it for me) but not sure if I need to.

From my understanding, immigration is giving some people the option to use state background checks, but you must still provide the FBI check at a later date. Seems like this FBI thing has been known for a few months now, which is enough time to have the check in hand, so I imagine fewer exceptions will be made these days.

Offline confusedsafferinkorea

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Re: Visa renewing
« Reply #7 on: January 14, 2011, 06:37:06 pm »
I am South African and therefore the FBI check doesn't apply to me but obviously the check from my country does.  What I am commenting about is that SMOE told us that EVERYTHING, including the apostillisation was put on hold till 2012 for those who are renewing, but now they have gone back on their decision at the last moment for those renewing for March. That is the problem, because they didn't do the required because of what SMOE told them.

I gave SMOE an apostillised degree when I came here in 2008 but now Immigration are asking for it again. That is so weird, as is the requirement that when you do anything outside your school, English Camp or judging an English contest at another school just for one afternoon, you have to go to Immigration and have your Alien Card stamped.  I queried this with Immigration and they told me they are applying that rule mercilessly, so even if you go to another school just for 1 afternoon then you HAVE to have your alien card stamped. If you don't then they will fine the institution (the school you are doing the camp at or judging the contest) a very large sum of money.  I think this is crazy since you are not changing your employer, but just temporarily going to another school.
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Offline eggplant_tyrant

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Re: Visa renewing
« Reply #8 on: January 17, 2011, 12:31:20 pm »
I'm interested to hear from people who have renewed within the past month -- is this what you experienced? Did you have to provide the national-level check and an apostilled degree?

I'm Canadian, and our background checks are national-level by default, but we haven't signed the apostille treaty. That means that I need to send my original degree back to my parents, have them photocopy it, have a notary sign the photocopy, have the notarized copy and a copy of my university transcript sent to the nearest Korean consulate in Canada to be stamped, and get the whole thing sent back to me in Korea. If I *do* have to do all of this now, despite what was said before, I need to get this stuff sent out right away.

So. Can anyone with current personal experience chime in? Also, do any of my fellow Canadians know of an easier, but still legitimate, way to fulfill the apostille requirement?

Offline teachertq

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Re: Visa renewing
« Reply #9 on: January 17, 2011, 06:14:10 pm »
I am Canadian. I went to immigration this afternoon with a copy of my school certificate, 30 dollars, passport and ARC and I got my visa renewed for another year. I did not have to provide immigration with any other documents. However, my understanding is that this grace period only applies for a certain amount of time. I believe if you are planning to stay after Feb 2012 then you will need all the other gadgets. Anyways it is better to do everything just so that you don't have to worry. I will probably still apply for the other documents (federal police check, apostlized ....) just in case I plan to stay more years.

I also asked for a reintry visa-multiple entry and was going to pay the extra, but they told me the law changed and you no longer need to pay for one you can come and go...I will ask one of my Korean teachers to call in and confirm again, but I spoke with two employees there who said the same thing regarding this multiple entry visa. Geez the law here is always changing, it's hard to keep up at times. It seems as if they can just change the law mercilessly.
« Last Edit: January 17, 2011, 06:24:17 pm by teachertq »

Offline confusedsafferinkorea

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Re: Visa renewing
« Reply #10 on: January 17, 2011, 07:01:19 pm »
teachertq...there seems to be no consistency with Immigration, you did what we have always done and they did it no problem. Last Friday, however, when a friend of mine tried to renew, they told him to get the criminal record check and apostilled degree and wouldn't renew. It is crazy how it changes from minute to minute. It almost seems like you have to be lucky to get the right person.
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Online Davey

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Re: Visa renewing
« Reply #11 on: January 17, 2011, 07:02:54 pm »
I am Canadian. I went to immigration this afternoon with a copy of my school certificate, 30 dollars, passport and ARC and I got my visa renewed for another year. I did not have to provide immigration with any other documents. However, my understanding is that this grace period only applies for a certain amount of time. I believe if you are planning to stay after Feb 2012 then you will need all the other gadgets. Anyways it is better to do everything just so that you don't have to worry. I will probably still apply for the other documents (federal police check, apostlized ....) just in case I plan to stay more years.

I also asked for a reintry visa-multiple entry and was going to pay the extra, but they told me the law changed and you no longer need to pay for one you can come and go...I will ask one of my Korean teachers to call in and confirm again, but I spoke with two employees there who said the same thing regarding this multiple entry visa. Geez the law here is always changing, it's hard to keep up at times. It seems as if they can just change the law mercilessly.

as for the second part, yes, this is true. i recently went to the immigration office in my city and there was a sign that read that e-2 visas are multiple entry by default now.

hahaha, yeah, "dynamic korea."
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Offline mox

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Re: Visa renewing
« Reply #12 on: February 17, 2011, 08:38:52 am »
I waited and waited and finally got my background check and it was not notarized or authenticated and therefore not eligible for an apostille.  I'm not exactly sure what to do with myself now.  I just signed a new contract but I don't believe I can teach without a new visa.  Has anyone gone through the rigmarole lately?  What is the word around the immigration offices these days? 

Offline Scooter

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Re: Visa renewing
« Reply #13 on: February 17, 2011, 08:53:50 am »
My co-teacher and I went yesterday.  I didn't have the appostilled diploma or the FBI criminal background check.  Everything went through smoothly and quickly.  I only paid 30,000 won.  The immigration officer said that all visas are now multiple entry.  I'm good until the end of my next contract.

I have applied for all of the required documents.  Do it EARLY!  I started in November 2010 and still don't have my papers in hand. 

The FBI refused to honor my request to send the CBC on to the Dept. of State, even after enclosing all the envelopes as stated on the website.  The FBI sent the CBC back to my father, who had to mail it to the Dept. of State.  It hasn't been seen since.  I have nothing after all that work!  I hope our government employees get their act together.
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Offline PurpleSK

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Re: Visa renewing
« Reply #14 on: February 17, 2011, 08:54:08 am »
I'm interested to hear from people who have renewed within the past month -- is this what you experienced? Did you have to provide the national-level check and an apostilled degree?

I'm Canadian, and our background checks are national-level by default, but we haven't signed the apostille treaty. That means that I need to send my original degree back to my parents, have them photocopy it, have a notary sign the photocopy, have the notarized copy and a copy of my university transcript sent to the nearest Korean consulate in Canada to be stamped, and get the whole thing sent back to me in Korea. If I *do* have to do all of this now, despite what was said before, I need to get this stuff sent out right away.

So. Can anyone with current personal experience chime in? Also, do any of my fellow Canadians know of an easier, but still legitimate, way to fulfill the apostille requirement?

I'm in the same boat as you. Does that mean I have to send my Criminal Background Check home to get stamped by the Korean Consulate?
It seems like all the information I am getting and reading isn't consistent, and I am going nuts!!!!
Next Monday, I am going to get fingerprinted. I will wait for the documents to come back, then send all the papers home to be notarized, checked, and stamped before my family sends it back to me. This is ridiculous! They need to come up with a better system for Canadians.

Offline eggplant_tyrant

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Re: Visa renewing
« Reply #15 on: February 17, 2011, 09:32:03 am »
PurpleSK,

As of now, the Canadian embassy in Seoul claims they're willing to "apostille/notarize" your CRC for you, but I'd call and double-check with both immigration and the embassy to make sure this is still the case (and acceptable to immigration) if you choose to go this route.
http://www.canadainternational.gc.ca/korea-coree/assets/pdfs/CRC-AVC-2010.pdf

However, they can't notarize / authorize your degree, so if you need that done, too, then you might as well just send all of your documents home and get them OK'd by the Korean consulate in Canada. In that case, what I had to do was make a (photo)copy of my degree, get the copy of the degree notarized by a notary public, and give the notarized copy of the degree to the Korean consulate along with a sealed copy of my university transcript and the processing fee. I also sent along my original degree as a sort of "just in case," but they don't claim to need it. They'll put a little stamp/sticker on the copy of your degree, thereby fulfilling the "apostille" requirement for Canadians. If you send the CRC to them, they'll do something similar with it.

A word of warning, though -- if you don't have a CRC that explicitly states it's from the RCMP, be prepared for Korean immigration to refuse it, even if the consulate back home OK'd it with their little stamp. It's nonsensical to insist on this given how the police system works in some places back home, but hey, it's Korea.

Offline CMTC

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Re: Visa renewing
« Reply #16 on: February 17, 2011, 09:49:25 am »
I'm with EPIK

I went to immigration last week, this is what I had to give them
1. Application Form
2. ARC
3. Passport
4. New Contract Original and Copy (they just kept the copy)
5. 30000won
6. Business Registration Certificate Copy (school provides this)

They gave my co-teacher a print out that said the if you are doing your visa extension before April of this year you do not need the Criminal Check.

It is also true you no longer need multiple re-entry visa's, my boyfriend has left the country twice recently without one and there was no problem.

I am attaching the Korean rules about no need for Multiple re-entry visa's for E2 visa holders. (I downloaded it from a previous thread, thank you to whoever posted it)  I recommend printing it out and keeping it with your travel documents so that you can show it at immigration if you are leaving the country, this is what we did. 

Hope this helps  :)

Offline riswyk

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Re: Visa renewing
« Reply #17 on: February 18, 2011, 10:01:27 am »
I went to immigration yesterday and I do have to submit a criminal background check (FBI) and my appostilled degree.   :( sigh
This is for a renewal as I'm resigning for another year with my schoool.

Offline CMTC

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Re: Visa renewing
« Reply #18 on: February 18, 2011, 10:11:03 am »
riswyk  I resigned at my school for another year too.
It seems like it depends what person you get at immigration or what office you go to. :(

Online glb0b

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Re: Visa renewing
« Reply #19 on: February 18, 2011, 10:34:26 am »
I went to immigration yesterday and I do have to submit a criminal background check (FBI) and my appostilled degree.   :( sigh
This is for a renewal as I'm resigning for another year with my schoool.

What immigration office did you go to? Did they deny your visa completely or just give you some time to get the documents?

My co-teacher called and they told her that I didn't need the documents because it was the first time. I am going next week (without the docs) so I hope that is correct!