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Teaching Visas: Criminal Background Check Requirements

 
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bowra



Joined: 26 Aug 2009
Posts: 1

PostPosted: Thu Oct 07, 2010 7:53 am    Post subject: Teaching Visas: Criminal Background Check Requirements Reply with quote

So after more than a year teaching in Korea, I am set to be given the flying boot after this contract since I have a DWI on my record. Korean Immigration now requires a FBI criminal check, which will turn up the DWI. I have been assured that I will likely be refused another visa since DWI is a "serious offence" in Korea. In reality, the more stringent requirements are in place simply to limit the number of teachers who come here.

The question then becomes, as I have committed three years to teaching abroad, where will I be able to get a visa? What are the various requirements for visas throughout Asia? Specifically the Philippines, Taiwan, Japan, and Thailand. I haven't done a lot of research on CBC visa requirements as I hadn't really thought of them as an impediment, but obviously now I see that I should do my homework.

Thanks in advance.
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tttompatz



Joined: 06 Mar 2010
Posts: 1951
Location: Talibon, Bohol, Philippines

PostPosted: Thu Oct 07, 2010 10:55 am    Post subject: Re: Teaching Visas: Criminal Background Check Requirements Reply with quote

bowra wrote:
So after more than a year teaching in Korea, I am set to be given the flying boot after this contract since I have a DWI on my record. Korean Immigration now requires a FBI criminal check, which will turn up the DWI. I have been assured that I will likely be refused another visa since DWI is a "serious offence" in Korea. In reality, the more stringent requirements are in place simply to limit the number of teachers who come here.

The question then becomes, as I have committed three years to teaching abroad, where will I be able to get a visa? What are the various requirements for visas throughout Asia? Specifically the Philippines, Taiwan, Japan, and Thailand. I haven't done a lot of research on CBC visa requirements as I hadn't really thought of them as an impediment, but obviously now I see that I should do my homework.

Thanks in advance.


Unless you are a board certified teacher from your home country (or have a Filipina wife) you will not get a (legal) job with a work visa from the Philippines.

Taiwan DOES require a CRC with verification (but may let you skate by with a state rather than FBI check) for a work visa. Illegal work is an option but you are aware of the risks.

Japan does have the question about arrest/conviction on the visa application but does NOT check (for visa purposes) your CRC. The job market is tight there however.

IF you apply for your visa for Thailand from within the US they require an FBI CRC.
IF you apply from abroad they often will overlook the home country CRC.
If you have a state CRC it would be accepted.
Since you have an E2 you WILL be able to obtain a work visa with work permit for Thailand.

Vietnam is the same as Taiwan (national CRC with legalization (officially) required).

I don't know about Cambodia, Indonesia or Singapore in regards to whether or not they will accept a state CRC as compared to an FBI one.

.
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bulgogiboy



Joined: 23 Feb 2005
Posts: 800

PostPosted: Thu Oct 07, 2010 8:17 pm    Post subject: Reply with quote

Is a DWI driving without insurance? Cause I have a DUI and I got a work permit in China and Turkey with no problems. You could try there.
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fladude



Joined: 02 Feb 2009
Posts: 432

PostPosted: Thu Oct 07, 2010 9:53 pm    Post subject: Reply with quote

I was told that Taiwan does require a CRC, but that unlike Korea they actually look at the offense and that not all offenses disqualify you. At least that's what the company I spoke with told me. I have a record for a misdemeanor possession of alcohol 20 years ago..... I was told that would be ok. But that if I had something serious like a violent felony or drug possession charge that it might not be ok (probably would not be).

In most states a state CRC and the FBI CRC will show the exact same offenses since they both use the same computerized national database. A state check might be quicker, but it depends on the State. So I would go ahead and get the FBI one. The FBI takes a long time because they actually run your fingerprints. Accessing the data itself though is very fast. Whenever you are pulled over by the police for a ticket they access the same database using your driver's license (so they can decide if they want to check you out more or not). If, for example, you have a lengthy criminal record then you can bet that the police will spend more time checking out your proof of insurance and such, than they would someone who has a clean record.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Fri Oct 08, 2010 1:32 am    Post subject: Reply with quote

Quote:
Is a DWI driving without insurance?


Driving While Intoxicated; DUI and DWI are interchangeable.
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fladude



Joined: 02 Feb 2009
Posts: 432

PostPosted: Fri Oct 08, 2010 5:47 am    Post subject: Reply with quote

johntpartee wrote:
Quote:
Is a DWI driving without insurance?


Driving While Intoxicated; DUI and DWI are interchangeable.


Not exactly, driving under the influence is generally seen as a bit broader than driving while intoxicated. You can be under the influence of many things, but intoxication implies alcohol. That said many states do treat the two as being one in the same. But states like Florida switched from a state with DWI to DUI penalties a couple decades ago for that exact reason.
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bulgogiboy



Joined: 23 Feb 2005
Posts: 800

PostPosted: Fri Oct 08, 2010 6:25 am    Post subject: Reply with quote

In any case, I was caught drink driving a long time ago, and managed to get work permits in China, Turkey and Korea with no criminal background checks.

Korea didn't have so many hoops to jump through when I was working there. Now the red tape seems to multiply each year, while the salaries are either static, or marginally increased. I wonder what their next added requirement will be...?
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kazpat



Joined: 04 Jul 2010
Posts: 140
Location: Kazakhstan

PostPosted: Fri Oct 08, 2010 7:50 am    Post subject: Reply with quote

The FBI check is done against the III (interstate identification index) database. They use fingerprints to pull the records. States have their own databases, some of which are supported by prints, some are not.

When a state runs a criminal check they specifically have to check the III to get out of state records. States report offenses to the FBI by fingerprint card submissions, seeing the Feds use AFIS to pull the records. Did you get printed at the time of the arrest or any other time during the case? If not there may be no FBI record of the arrest but a state record. Also some states are lax in reporting non felony arrests to the FBI. You might just get lucky and have a FBI check come back clean.

Sometimes arresting officers don't finger print drunk driving arrests because their particular department only requires certain offenses to be printed and or then sent on to the FBI. States submitting data to the FBI is voluntary and not compulsory. The FBI will admit the III is not complete.

There has been some media attention on repeat drunk driving offenders getting arrested in another state and there be no record of the prior offenses since a state failed to make a timely or any submission of the arrest fingerprint card to the FBI.
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fladude



Joined: 02 Feb 2009
Posts: 432

PostPosted: Fri Oct 08, 2010 8:37 pm    Post subject: Reply with quote

kazpat wrote:

There has been some media attention on repeat drunk driving offenders getting arrested in another state and there be no record of the prior offenses since a state failed to make a timely or any submission of the arrest fingerprint card to the FBI.


That's usually not what's going on, even though the media reports it that way. Remember the media aren't really the brightest bulbs. What typically happens is that they can find the conviction in the FBI database, but they can't get the record of the conviction from the jurisdiction in which the defendant was convicted. You can't just walk into court with a sheet of paper from the national database in order to increase someone's sentence after trial or after a guilty plea. You have to have a certified copy of the judicial order convicting the person. That's what is often lost. I've seen people who had 5 or 6 convictions on their "rap" sheet who had to be sentenced as a first time offender because the certified convictions could not be located.
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Madame J



Joined: 15 Feb 2007
Posts: 239
Location: Oxford, United Kingdom

PostPosted: Sat Oct 09, 2010 12:09 am    Post subject: Reply with quote

Indonesia doesn't care.
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kazpat



Joined: 04 Jul 2010
Posts: 140
Location: Kazakhstan

PostPosted: Sat Oct 09, 2010 7:14 am    Post subject: Reply with quote

fladude wrote:
kazpat wrote:

There has been some media attention on repeat drunk driving offenders getting arrested in another state and there be no record of the prior offenses since a state failed to make a timely or any submission of the arrest fingerprint card to the FBI.


That's usually not what's going on, even though the media reports it that way. Remember the media aren't really the brightest bulbs. What typically happens is that they can find the conviction in the FBI database, but they can't get the record of the conviction from the jurisdiction in which the defendant was convicted. You can't just walk into court with a sheet of paper from the national database in order to increase someone's sentence after trial or after a guilty plea. You have to have a certified copy of the judicial order convicting the person. That's what is often lost. I've seen people who had 5 or 6 convictions on their "rap" sheet who had to be sentenced as a first time offender because the certified convictions could not be located.


I hear you man and not to derail the thread I was just saying that some states or rather departments are lax in reporting offenses to the FBI, thus there may not be a record in the III, the III needs a fingerprint arrest card submission to create a record. The OP may not have been printed, or the agency may not have sent the card to the feds, thus an FBI check will not show the offense. He might get lucky.
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A Ver



Joined: 31 May 2003
Posts: 29
Location: EspaƱa

PostPosted: Fri Oct 15, 2010 6:03 am    Post subject: Reply with quote

I'm not sure what kind or records search is done when you walk into your local US police agency, but if you go to your particular state's centralized CRC source, they seldom, if ever, report any activity that occurred outside the state in their CRC that they provide you. One of the only exceptions may be if there is a sex offender status involved.

If you look on many state websites it will specifically tell you that the CRC they provide you does not cover nation-wide data.

That is probably why more and more places require an FBI check -- especially since only recently you could get an authenticated / notarized FBI CRC. Not so long ago it was just a returned fingerprint card with a rubber stamp on the back.
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Sun Oct 17, 2010 12:43 pm    Post subject: Reply with quote

China looks like it's going to be becoming one of the places in China to earn money. Taiwan, Japan and Korea aren't what the used to. With the exchange rates and the salaries going up, you serioulsy might want to consider gonig there.

Are you sure that a DWI or DUI would prohibit you from getting a visa? I'd ask and check. They might be looking for more serious crimes, such as child molesters, etc. I would definitely ask.
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