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New Immigration Laws
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antigoti



Joined: 29 Jun 2010
Location: Jinan South Korea

PostPosted: Wed Jul 07, 2010 9:07 pm    Post subject: New Immigration Laws Reply with quote

I received an email saying that after the 30th of August, there is change in Immigration laws. From here on out, they are requiring a Federal Back Ground check, which in reality will take much longer than the typical state wide background check. My question is concerning those who are already in Korea. If a person wants to change jobs while still in Korea (at the end of contract) will they have to fly all the way back home to get a Federal Background Check and then wait the long period of time? If that is the case, I truly believe Korea will experience a drought in educators (despite how good the pay is). anyhow any opinions or comments?
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toniyellow



Joined: 30 Sep 2009

PostPosted: Wed Jul 07, 2010 9:16 pm    Post subject: Reply with quote

Who sent the email?

I would believe that with the current publicity about abuse by a foreign teacher in Daegu, they will need to be seen to have a strict response to stop the evil foreigners. More paperwork is a good way to do that. Some people have been gaming the system with state checks from a state they don't live in. I wouldn't blame them for requiring a Working With Children Check / whatever the US equivalent of that is.
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Ramen



Joined: 15 Apr 2008

PostPosted: Wed Jul 07, 2010 9:18 pm    Post subject: Reply with quote

I'm so glad. Razz
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furtakk



Joined: 02 Jun 2009

PostPosted: Wed Jul 07, 2010 9:22 pm    Post subject: Reply with quote

Yea I can confirm this...

I'm starting a new position in August and I'm transferring my visa. I was just informed today that I will need to get a federal criminal background check done even though I haven't been back to Canada in the last year.

Given the short notice, immigration is providing some concessions. You're allowed to transfer your visa before your background check is done, but it has to be submitted within a certain time period.

Now......

Does anyone know how/if I can start this process in Korea or what a federal wide CBC is? Do I need to get it done through the RCMP? I'm going back to Canada for about 2 weeks so I will have some time and could then get it mailed back here if it's not completed before my departure. However, I'm kind of at a loss about what kind of CBC I actually need...
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Wed Jul 07, 2010 9:56 pm    Post subject: Reply with quote

CBC's in Canada are done by a search of the national database. It's the same database being used whether its conducted by local or provincial police or the RCMP. It usually says national database on the check somewhere. It's possible that they may accept CBC's from Canada as they have done before, but if they do require an RCMP check from Canadians now, everyone will need to plan at least 3-4 months ahead to allow time for the RCMP checks to be issued and stamped. Less than two weeks from the Winnipeg Police Service was all it took to get a CBC, without the need for fingerprints, in the past - even while still in Korea. Hopefully, that isn't going to change.
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furtakk



Joined: 02 Jun 2009

PostPosted: Wed Jul 07, 2010 10:18 pm    Post subject: Reply with quote

OculisOrbis wrote:
CBC's in Canada are done by a search of the national database. It's the same database being used whether its conducted by local or provincial police or the RCMP. It usually says national database on the check somewhere. It's possible that they may accept CBC's from Canada as they have done before, but if they do require an RCMP check from Canadians now, everyone will need to plan at least 3-4 months ahead to allow time for the RCMP checks to be issued and stamped. Less than two weeks from the Winnipeg Police Service was all it took to get a CBC, without the need for fingerprints, in the past - even while still in Korea. Hopefully, that isn't going to change.


Cheers for the info.

So I don't really understand this change then... I wonder what or who this change is supposed to affect? Is this just targeting the U.S. folks that get the state wide checks? I'm pretty sure you can still get it done at your local/provincial police office. My recruiter stressed that you don't need the check done at the federal police level, it just needs to be 'nation wide' or whatever. It is still super annoying that I have to get it done even though I haven't been in Canada since my original background check.
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SunDevil Dre



Joined: 07 Jun 2010

PostPosted: Wed Jul 07, 2010 10:25 pm    Post subject: Reply with quote

Interesting! I'm a newbie looking for my first job, and just ordered a FBI fingerprint check two weeks ago. This was my only option, because the great state of Arizona doesn't provide state-level checks. Mad

FBI is quoting about 8-10 weeks to process fingerprints. There's a huge backlog right now. Instructions from the Record Request division here: http://www.fbi.gov/hq/cjisd/fprequest.htm

Tip: I contacted my congressman to speed up the process. Congressman have a duty to help constituents with federal agencies (read: cut through the red tape). I'll let you all know if it works! Very Happy


Last edited by SunDevil Dre on Wed Jul 07, 2010 10:48 pm; edited 1 time in total
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Morticae



Joined: 06 May 2010

PostPosted: Wed Jul 07, 2010 10:29 pm    Post subject: Reply with quote

Well, that is slightly annoying. Just adds on a bunch of wait time to receive a response, but it is easy to do... especially with their new policy.

As of January 25, 2010: "Yes. The CJIS Division will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests by placing the FBI seal and the signature of a division official on the results if requested at the time of submission. Documents prepared in this way may then be sent to the U.S. Department of State by the requester to obtain an apostille if necessary."

1. Fingerprint Card ($12 for me here) [No wait]
2. Send to FBI ($18.) [Probably takes a while!]
3. Send to Dept of State ($8.) [Yikes! ~25 business days...]

I guess what took me 2 weeks to do, will now take 2-3 months.


Edit: I do believe you can take your background check to the embassy and swear an affidavit though, in place of the apostille. Correct?
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furtakk



Joined: 02 Jun 2009

PostPosted: Wed Jul 07, 2010 11:29 pm    Post subject: Reply with quote

I've also just been told that Canadians need to have Vulnerable Sector Screening done now. Understandable from immigration's standpoint, but I'm pretty sure it takes a lot longer to get done and it's extremely frustrating to learn about this at this point.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Jul 08, 2010 12:01 am    Post subject: Reply with quote

Again, Winnipeg Police Services will supply a VSS with your CBC and you can order it from korea without fingerprints and it doesn't take long if you have it sent to family or friends in Canada and then they priority post it you in korea. Just go to the WPS website and print the CBC application, fill it out and check the VSS box and fax it to them. When you receive it in korea, you just run it up to the Canadian Embassy in Seoul and get the Statement of Declaration (thats what you need to get if youre in korea instead of having it notarized. I think it's about 50 000w). All of this is assuming kimmi will still accept the WPS CBC and doesnt require the RCMP check.

The RCMP will not issue a VSS for employment outside Canada and I dont know of other police agencies that will even offer VSS with your CBC as it is to be used for employment in Canada only. Korean immigration knows this and dropped the VSS requirements a couple of years ago so I dont know why they would be asking for it again.

I have a feeling that whoever you are talking to is not up to date on Canadians and CBC's. Either way, Winnipeg Police Services will provide you with a CBC including VSS.
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furtakk



Joined: 02 Jun 2009

PostPosted: Thu Jul 08, 2010 2:03 am    Post subject: Reply with quote

OculisOrbis wrote:
I have a feeling that whoever you are talking to is not up to date on Canadians and CBC's.


I kind of have that feeling as well. It's really frustrating because I'd much rather call immigration myself, but the times I have called them, it's no clearer than talking through my recruiter. Half the time there is no English speaker on hand, and when there is they always give me conflicting information.

Thanks a lot for the info. It's been really helpful.

I'm gonna try immigration again tomorrow and hopefully I'll be able to speak to someone who knows what's going on.
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SeoulNate



Joined: 04 Jun 2010
Location: Hyehwa

PostPosted: Thu Jul 08, 2010 2:52 am    Post subject: Reply with quote

Fastest way to get a federal background check done:

Go to your big local university (talking more than 20,000 students).

They will have a police station. Tell them that you need a federal background check for a teaching licence.

It will be done in less than a week.

Now my real question is: I am renewing in one month, I got a federal background check before I came over. Do I need another one now?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Jul 08, 2010 3:53 am    Post subject: Reply with quote

furtakk wrote:
OculisOrbis wrote:
I have a feeling that whoever you are talking to is not up to date on Canadians and CBC's.


I kind of have that feeling as well. It's really frustrating because I'd much rather call immigration myself, but the times I have called them, it's no clearer than talking through my recruiter. Half the time there is no English speaker on hand, and when there is they always give me conflicting information.

Thanks a lot for the info. It's been really helpful.

I'm gonna try immigration again tomorrow and hopefully I'll be able to speak to someone who knows what's going on.


call 1345 its the english immigration help line
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furtakk



Joined: 02 Jun 2009

PostPosted: Thu Jul 08, 2010 3:59 am    Post subject: Reply with quote

OculisOrbis wrote:
furtakk wrote:
OculisOrbis wrote:
I have a feeling that whoever you are talking to is not up to date on Canadians and CBC's.


I kind of have that feeling as well. It's really frustrating because I'd much rather call immigration myself, but the times I have called them, it's no clearer than talking through my recruiter. Half the time there is no English speaker on hand, and when there is they always give me conflicting information.

Thanks a lot for the info. It's been really helpful.

I'm gonna try immigration again tomorrow and hopefully I'll be able to speak to someone who knows what's going on.


call 1345 its the english immigration help line


ahhh awesome! i've been calling the offices directly and it's been a major headache. i'll give them a ring tomorrow.

seoulnate: i don't know for sure. i've been told that it's necessary because of recent changes in immigration, but i'm still confused about the whole thing.
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Widsy97



Joined: 16 Jun 2010

PostPosted: Thu Jul 08, 2010 6:07 am    Post subject: Reply with quote

What happened in Daegu??
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