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PhD
Joined: 15 May 2007
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 Posted: Tue Mar 25, 2008 7:27 am Post subject: |
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| Ut videam wrote: |
PhD, as you stated, Immigration is aware that the embassies will not notarize background checks. Immigration is also well aware that an affidavit or statutory declaration is not the same as notarizing the background check itself. Nevertheless, they will accept it. From the horse's mouth:
| 88lawyer (Lee Dong-wook, Deputy Director [사무관], Korea Immigration Service, Ministry of Justice) wrote: |
--> I have never said that self-declaratory statment is equal to notarization.
---> there are reasons why Korean Immigration Service is demanding self-declaratory statement before the consular officer. That is after proper consultations with the consular officers of the embassies. |
http://forums.eslcafe.com/korea/viewtopic.php?p=1499843#1499843
I await your apology and admission of error. |
Give it up!
That discussion took place 3 months before the regulations went in to full effect. AND it was in the context of an alternative to obtaining an apostille for Canadian citizens whose country did not sign the treaty.
Apples and oranges. I stand by my original point in that a notarized declaration may or may not work and as for citizens whose countries signed the treaty it is more than likely to be rejected.
As for an apology....   |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Tue Mar 25, 2008 8:00 am Post subject: |
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It's not apples and oranges at all. The conversation took place in the context of a discussion of how Canadians IN KOREA could get their criminal checks authenticated. It's just as difficult for a U.S. citizen IN KOREA to get an apostille as it is for a Canadian IN KOREA to get something notarized by a Korean consulate in Canada. The principle is the same.
And once again, it's your interpretation of Immigration regulations (backed up by nothing but an extremely poor record) versus evidence from multiple sources supporting the feasibility of the embassy-notarized affidavit/declaration.
indeed. |
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PhD
Joined: 15 May 2007
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| Posted: Tue Mar 25, 2008 12:30 pm Post subject: |
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| Ut videam wrote: |
It's not apples and oranges at all. The conversation took place in the context of a discussion of how Canadians IN KOREA could get their criminal checks authenticated. It's just as difficult for a U.S. citizen IN KOREA to get an apostille as it is for a Canadian IN KOREA to get something notarized by a Korean consulate in Canada. The principle is the same.
And once again, it's your interpretation of Immigration regulations (backed up by nothing but an extremely poor record) versus evidence from multiple sources supporting the feasibility of the embassy-notarized affidavit/declaration.
indeed. |
Yawn. |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Tue Mar 25, 2008 4:42 pm Post subject: PhD: Wrong again |
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In response to a query I e-mailed him, I received the following response from Lee Dong-wook of the Ministry of Justice this morning:
| Quote: |
Dear Mr. (Ut videam),
An affidavit or statutory declaration with regard to the criminal record check (attached) notarized by
one's embassy in Korea is sufficient to authenticate a background check.
But if the criminal record check looks dubious (for example if it lacks the official seal, or signing), the CRC itself can be subject to strict scrutiny among the law enforcement officers. Thank you. |
There you have it.
Now, about that apology... |
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drcrazy
Joined: 19 Feb 2003
Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan
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| Posted: Tue Mar 25, 2008 6:12 pm Post subject: Re: PhD: Wrong again |
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| Ut videam wrote: |
In response to a query I e-mailed him, I received the following response from Lee Dong-wook of the Ministry of Justice this morning:
| Quote: |
Dear Mr. (Ut videam),
An affidavit or statutory declaration with regard to the criminal record check (attached) notarized by
one's embassy in Korea is sufficient to authenticate a background check.
But if the criminal record check looks dubious (for example if it lacks the official seal, or signing), the CRC itself can be subject to strict scrutiny among the law enforcement officers. Thank you. |
There you have it.
Now, about that apology... |
Sometimes I send myself emails.  |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Tue Mar 25, 2008 7:46 pm Post subject: |
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Lest there be any doubt as to the source of the message:
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From: "=?EUC-KR?B?wMy1v7/t?=" <[email protected]>
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To: "Xxxxxxx X. Xxxxxx" <[email protected]>
Subject: RE: Question re: "self-declaratory statements" for criminal backgroundchecks
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Date: Wed, 26 Mar 2008 08:28:56 +0900 (KST)
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Dear Mr. Xxxxxx,
An affidavit or statutory declaration with regard to the criminal record check (attached) notarized by
one's embassy in Korea is sufficient to authenticate a background check.
But if the criminal record check looks dubious (for example if it lacks the official seal, or signing), the CRC itself can be subject to strict scrutiny among the law enforcement officers. Thank you.
---------[ 받은 메일 내용 ]----------
제목 : Question re: "self-declaratory statements" for criminal backgroundchecks
날짜 : 2008년 3월 26일 수요일, 오전 01시 04분 47초 +0900
보낸이 : "Xxxxxxx X. Xxxxxxx" <[email protected]>
받는이 : [email protected]
함께받는이 : [email protected]
Dear Mr. Lee,
I am hoping that you may be able to clear up some confusion for
English teachers in Korea regarding the requirements for their
criminal background check. I am directing this e-mail to you because
of the helpful information you provided earlier in the Korea Times
and by e-mail to other teachers.
As I'm sure you know, teachers wishing to extending their stay after
March 15th must submit a properly authenticated criminal background
check when they apply for the extension. There is some debate,
however, regarding what constitutes proper authentication. Most
teachers are aware that in general, an apostille is required to
authenticate the background check obtained from their home country.
Since Canada is not a signatory to the Hague Convention, Canadian
citizens must generally have their background check authenticated by
a Korean consulate in Canada. The debate arises when discussing
authentication options for teachers who are already in Korea. As you
are probably aware, it is difficult and time-consuming for Canadians
to complete the aforementioned process by mail. It is similarly
difficult and time-consuming for American citizens in Korea to get
their background checks apostilled by mail, since in many cases
several different offices are involved in the process.
The latest version of the E-2 regulations posted at the HiKorea web
site's Immigration Guide offers a possible solution for this problem.
It states, "In case applicant stay in Korea and is sent Criminal
Background Check by mail, Or one's entry to Korea is imminent, the
document notarized by one's embassy in Korea may be acceptable." This
requires clarification, however. As you are probably aware, most
embassies will not directly notarize a background check. What they
will notarize, however, is a declaratory statement by the applicant
that the background check is true and correct. In fact, the Canadian
Embassy is instructing Canadian citizens in Korea to use this method
to authenticate their background checks. Under Canadian law, such a
self-declaratory statement is called a Statutory Declaration. The
Embassy instructs applicants to bring their background check to the
embassy and make and sign a Statutory Declaration before a consular
officer. They will then notarize that declaration with the seal of
the embassy. The U.S. Embassy has not provided any similar guidance
to American citizens, but presumably the parallel process would
apply. Rather than a "statutory declaration," under American law the
self-declaratory statement would be in the legal form of an
affidavit. The Embassy's web site states that they will notarize
affidavits made by American citizens in the presence of a consular
officer. Thus, the applicant could take his background check to the
embassy, make an affidavit before a consular officer, and have the
affidavit notarized with the embassy's seal.
My question: is an affidavit or statutory declaration notarized by
one's embassy in Korea sufficient to authenticate a background check?
Having read your earlier publication and e-mail correspondence with
other teachers, I believe that it is. But others disagree with me.
So, for applicants already in Korea, will Immigration accept a
background check accompanied by a affidavit or statutory declaration
notarized by one's embassy in Korea? An authoritative answer to this
question would be a tremendous help to those teachers who will be
preparing to renew contracts and extend their stays over the next
several months.
I apologize for the length of this e-mail. I wanted to explain
everything very clearly so as to avoid any confusion. I am sincerely
grateful to you for taking the time to read and respond to this
lengthy question. Thank you for all you do in your difficult and
important job.
With best regards,
Xxxxxxx Xxxxxx
Full-time Instructor
General English Program
X University
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EDIT: Full original message added. Only altered to protect my personal | | |
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