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What criminal charges can get your e2 visa denied?
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Mon Feb 18, 2008 12:07 pm    Post subject: What criminal charges can get your e2 visa denied? Reply with quote

I have been reading a few posts about people getting their e2 applications denied because they had charges on their criminal record reports. Some seem kind of silly because they have nothing to do with teaching such as

reckless driving
DUI
Public drunkeness
Traffic accident



do you need a clean slate in order to get a teaching visa?
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tob55



Joined: 29 Apr 2007

PostPosted: Mon Feb 18, 2008 4:39 pm    Post subject: Can you say? Reply with quote

I don't want to make this too simplistic, but what part of no "criminal" record isn't making sense? The immigration people have for all practical purposes taken a zero tolerance policy in regard to virtually all infractions just to cover their rear ends. The rule is this: if you don't know how to fairly apply a regulation so that it makes sense to the 99% of people who may have had a minor scuff in the past, then just paint with a wide brush, and you are sure to catch the people who did something more serious. It makes little sense in terms of overall fairness, but it is the system they have chosen, and the new E2 applicants as well as some former E2s who were under the radar prior to this, no longer are considered suitable for Korean employment.

Completely fair? No
The way it is? Yes
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Suwoner10



Joined: 10 Dec 2007

PostPosted: Mon Feb 18, 2008 5:49 pm    Post subject: Reply with quote

just get your check done from a neighboring state if you are iffy.
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Netz



Joined: 11 Oct 2004
Location: a parallel universe where people and places seem to be the exact opposite of "normal"

PostPosted: Mon Feb 18, 2008 6:23 pm    Post subject: Re: What criminal charges can get your e2 visa denied? Reply with quote

chachee99 wrote:
I have been reading a few posts about people getting their e2 applications denied because they had charges on their criminal record reports. Some seem kind of silly because they have nothing to do with teaching such as

reckless driving
DUI
Public drunkeness
Traffic accident



do you need a clean slate in order to get a teaching visa?


Those four you mentioned seemed particularly "silly" considering who is setting the criteria.

LOLZ!
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Mon Feb 18, 2008 7:00 pm    Post subject: Reply with quote

It could also be that because different countries define different crimes in a different way, that Korea, rather than trying to determine what is the equivalent level of the crime in this counrty, are doing as the previous poster said, painting with a wide brush.

I know that a first offence DUI or DWI her is pretty serious. I had a student (maybe 22 years old) who told me a nightmare laundry list of the punishments he received for his DUI. Fine, loss of license, classes, having to restart to entire license application process, and something else that I don't remember.
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Mon Feb 18, 2008 7:14 pm    Post subject: Re: What criminal charges can get your e2 visa denied? Reply with quote

chachee99 wrote:
I have been reading a few posts about people getting their e2 applications denied because they had charges on their criminal record reports. Some seem kind of silly because they have nothing to do with teaching such as

reckless driving
DUI
Public drunkeness
Traffic accident


i only think the traffic accident, possibly the reckless driving, is ridiculous to get denied an E2 for. it's not smart on korea's part (because many people will have had something like this happen, since our police seem to enforce the laws more vigorously than the korean police) and there'll be a smaller pool of applicants to come here.

anyways, remember that some contracts have a clause that say something along the lines of employee will not do anything to destroy the rep of the institute, public school, uni. if someone with a DUI or something mentioned above got caught doing it here it would cause some trouble at the workplace and possibly damage the business.

well, that's just my opinion
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jurassic82



Joined: 21 Jun 2006
Location: Somewhere!!!!

PostPosted: Mon Feb 18, 2008 9:03 pm    Post subject: Reply with quote

THis is a topic that has been beaten around for awhile now. Since December 15 new applicants have been required to submit criminal record checks and so far I haven't seen anyone on Dave's post anything about being deinied a VISA because of any small offense. Yes there was the previous case that was mentioned the other day about the man who got in trouble because he had a car accident in Korea but others have contested that they too have had accidents and have had no problem getting a VISA. There was obviously more to the story than we know about not to say he was at fault. I read a post a while ago about a man getting denied but that was because of his employer not immigration. He stated that immigration granted his VISA even after discovering he had an arrest record. I also saw another post a month or two ago about someone applying for a Public school job with a small misdameanor on his CRC. He told them and still got his VISA.

This ZERO TOLERANCE stuff I here on this board about CRC drives me crazy. I'm sure if people were getting denied VISA's because of small infractions they may have made back home this board would be flooded considering this is were everyone comes to cry about how unfair Korea is. So far I have seen nothing that would make me believe this. Even when March 15 rolls around I don't think think things will change. Many people also need to remember what criminal is. I have looked into this myself and in order to have a criminal record with the FBI back home you have had to be arrested of a crime that is punishable by over 93 days in jail. This includes all felonies and some high level misdameanors. If you got caught going driving 90mph in a 60mph or were caught drinking a beer before you were 21 at some college party then I don't think you have much to worry about.

If you have been arrested and charged and convicted of a felony regardless of what it might have been then I would be a little concerned. Also remember though this could also make or break a job back in your home country too not just in Korea. I don't see what Korea is doing as unreasonable. I do think they should have taken into account certain things like how long it will take us to get these checks and I think the whole interview process is stupid. If you want to know what will get you denied don't come to this board. IT is a waste of your time and you will just get cynical comments from people who have nothing better to do than get a rise out of other people. Ask your employer or go to immigration for answers. Most of us have had some kind of small criminal offense. I myself have gotten caught speeding many times and even thouth this might be a criminal offense it doesn't make me a criminal and I also believe that Korea realizes this also contrary to what many of you may believe. I look forward to hearing some feedback on this topic and to some harsh criticism from various people on this board. PEACE!!!!!!! Very Happy
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WoBW



Joined: 07 Dec 2007
Location: HBC

PostPosted: Tue Feb 19, 2008 12:31 am    Post subject: Re: Can you say? Reply with quote

tob55 wrote:
I don't want to make this too simplistic, but what part of no "criminal" record isn't making sense?


Technically, cycling without lights is a criminal offence, as is cycling on the pavement in the UK. I'm not kidding, either.

Kimmi: "Sorry, Mr. Spotweld. We're rejecting your E-2 application because you have a criminal record."

Spotweld (sputtering with disbelief): "I got cautioned for cycling on the pavement when I was 19 and working as a cycle courier."

Kimmi: "We've been told that ANY criminal record gets your visa rejected."

Spotweld: "Well reject this, you Nazi (grabbing the stapler off the desk and inserting it in a soft warm place). You can poke your country up where that stapler just went. I'm off to somewhere more sophisticated, like Laos."
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Tue Feb 19, 2008 12:40 am    Post subject: Reply with quote

Just for reference, here's what the regs actually say:
Quote:
(If they have previous criminal records, they cannot be issued a certificate of visa issuance unless otherwise specified)
※ Exceptions are made if the nature of the crime is light and does not affect their ability as a teacher

Make of that what you will.
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marlow



Joined: 06 Feb 2005

PostPosted: Tue Feb 19, 2008 12:44 am    Post subject: Reply with quote

Is there no difference between a record and a criminal record?

Wasn't Canada going to decriminalize marijuana, which would therefore have made an offense not be part of a criminal record?

If the above is just a demo of my ignorance, flame away.
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branbuddy



Joined: 12 Dec 2004
Location: Seoul, South Korea

PostPosted: Wed Feb 20, 2008 2:04 am    Post subject: Reply with quote

Quote:
If they have previous criminal records, they cannot be issued a certificate of visa issuance unless otherwise specified)
※ Exceptions are made if the nature of the crime is light and does not affect their ability as a teacher


Hello, just curious as to what website this came from?

Thanks!
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Wed Feb 20, 2008 7:47 am    Post subject: Reply with quote

branbuddy wrote:
Quote:
If they have previous criminal records, they cannot be issued a certificate of visa issuance unless otherwise specified)
※ Exceptions are made if the nature of the crime is light and does not affect their ability as a teacher


Hello, just curious as to what website this came from?

Thanks!

The quote is from the E-2 visa regulations posted on the HiKorea e-government for Foreigners website (http://www.hikorea.go.kr). From the top menu, choose Information -> Immigration Guide -> Work -> E-2 Eligibility/Procedure/Documents.
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colewest



Joined: 23 Jan 2008

PostPosted: Wed Feb 20, 2008 3:02 pm    Post subject: Reply with quote

I have been going through the Visa process for the first time, recently. I was worried because I received an MIP in Oregon 4 years ago and everyone (state police, DA, people on this forum) told me it would show up when I got my background check. Well, paranoia set in and I ordered an Oregon state as well as federal background check.

The federal check took a little less than three weeks to receive from the day I sent it. They told me to write the day I needed it by on the request page and it seems to have worked. Anyway, all it said was, "No arrest record" which leads me to believe that if you have not been arrested, even if you have some traffic tickets, MIPs or whatever, you'll be fine. The state check came about a week later and said the same thing, "No arrest record."

People who are saying any kind of misdemeanor will get you rejected are just fanning the flames of anxiety.
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Wed Feb 20, 2008 4:21 pm    Post subject: Reply with quote

jurassic82 wrote:
THis is a topic that has been beaten around for awhile now. Since December 15 new applicants have been required to submit criminal record checks and so far I haven't seen anyone on Dave's post anything about being deinied a VISA because of any small offense.



Dude, you haven't been reading Dave's much, have you?

We've had the car accident... a guy that had a traffic ticket in Canada, people busted for drug use, people accused of this and that ... post after post about this stuff, and thusfar, what I've been reading is that people with any small peep on their criminal sheet back home aren't getting visas.
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DrTommyTom



Joined: 18 Dec 2007
Location: Suwon, South Korea

PostPosted: Wed Feb 20, 2008 4:58 pm    Post subject: Reply with quote

marlow wrote:
Is there no difference between a record and a criminal record?

Wasn't Canada going to decriminalize marijuana, which would therefore have made an offense not be part of a criminal record?

If the above is just a demo of my ignorance, flame away.


They were supposed to federally decriminalize marijuana during Chretien's era...But the U.S government and the DEA offices in Ottawa and Vancouver threatened to remove drug enforcement support programs that would have greatly hurt the RCMP policing abilities on drugs. Also, there was a smear campaign against Chretien both in Canada and the U.S. Also, there were threats of shutting down borders and the U.S revising the Free trade agreement between the two countries.

Stephen Harper, the current PM, made it clear late last year with a press conference that in Canada, on a federal level, marijuana possession, growing and trafficking is against the law.

However, in 2003-2004, Ontario supreme court ruled that there were no just Marijuana laws in Ontario and made it unconstitutional to prosecute people for possession and growing of marijuana.

I can attest to this, as many cops just tell people to take their marijuana use indoors and they don't search for any marijuana. In fact, most of them have a laugh or two with you if you're not an a*sshole or b*itch about going indoors...

Ontario is legal, everywhere else in Canada is illegal but that depends on the mood of the officer...
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