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Requirements for F2 (F6) visa-holder to teach in Hagwon
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FDNY



Joined: 27 Sep 2010

PostPosted: Mon Apr 16, 2012 9:10 pm    Post subject: Reply with quote

Does anyone know if this applies to afterschool programs? How the
%$#@ can I go back to my home country and get a CBC when I have
lived here for 16 years and have a family here?
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isitts



Joined: 25 Dec 2008
Location: Korea

PostPosted: Mon Apr 16, 2012 11:29 pm    Post subject: Reply with quote

FDNY wrote:
Does anyone know if this applies to afterschool programs? How the
%$#@ can I go back to my home country and get a CBC when I have
lived here for 16 years and have a family here?



If you�re from the US, you can do as follows�

From page 69 of the New E-2 Guidelines sticky� (for getting CBC and diploma with apostilles from Korea)

http://forums.eslcafe.com/korea/viewtopic.php?t=104249&postdays=0&postorder=asc&start=1020

melirae1976 wrote:
I'm going through this now, so I'd like to offer what I have found through phone calls to the FBI and talking to the office in my state that issues apostilles (this is for Americans). I'm renewing for the third year and I need to submit both my apostilled diploma copy and my apostilled FBI check because my visa expires after 1/1/2011.

An FBI check can be done from here, but give yourself a lot of time (like 12 weeks) and plan to spend a bit of money sending things FedEx because you want to be able to track it! http://www.fbi.gov/about-us/cjis/background-checks/background_checks has all the forms you will need. There are links on the right side of the page. Make a few copies of the Standard Fingerprint Form to take with you to get fingerprinted in case one of them gets smudged. I went to a police station here and they did the prints for free.
The above website also contains the address of where you need to send the fingerprints and application once you have completed them. It is suggested to send them FedEx or DHL so that you can track them. Also, make sure to request that the copy of your background check is authenticated by the FBI so that you can send it to the US Dept of State for an apostille. Explicity state this on the application to save yourself the delay.

Obtaining an Apostille on Your FBI Background Check
Once you have received a copy of your background check, it then needs to be forwarded to the US Department of State Office of Authentications. This is the only office that can do it- your FBI check cannot be apostilled at the state level because it is a federal document, so you must mail or hand deliver your document to the Authentications Office. The FBI will not send your background check to another federal office.

US Dept of State Authentications Office
[email protected]
phone: 202-647-5002
fax: 202-663-3636
15 day turn-around time for mailed in documents.
Fee: $8 per document- check or money order to US Dept of State. Credit cards can only be used for walk-ins.
Walk-ins: 7:30-11am M-F, 15 documents per day only.

U.S. Dept of State Authentications Office
518 23rd St NW
SA1 Columbia Plaza
Washington, DC 20520

Diploma Apostille
You need to make a photocopy of your diploma to have apostilled, as Korean immigration will not return documents submitted. This procedure will not necessarily need to be done in the state where your diploma was issued, but check with the state you plan to have it done in to make sure. The reason you can get the notarized copy in a state different from the one it was issued is that the notary is not certifying that you did the work to obtain the diploma, they are simply certifying that the copy is a true copy of the original document. You will need to have a notarized photocopy made and most states have a certification form that needs to be completed and attached by the notary. Once you have the notarized copy, then take it to the appropriate office for the apostille.
Here�s a link that has the location of the offices for each state that provide apostilles.
http://www.apostilleinfo.com/usa.htm
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Apr 18, 2012 2:53 pm    Post subject: Reply with quote

Who's Your Daddy? wrote:
Do you think permanent residents of Canada/US/UK have to provide yearly criminal background checks from their home country?


If it was a GOVERNMENT requirement for them to teach there then yes they would.


But permanent residents of Canada/US/UK are under different rules than each other and under different rules than Korea.

Besides which even Korean nationals have to provide a background CBC to work at a hakwon now. This MOE rule applies to EVERYONE.
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slothrop



Joined: 03 Feb 2003

PostPosted: Wed Apr 18, 2012 10:34 pm    Post subject: Reply with quote

edit

Last edited by slothrop on Sun Apr 29, 2012 11:48 pm; edited 3 times in total
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Wed Apr 18, 2012 11:26 pm    Post subject: Re: Requirements for F2 (F6) visa-holder to teach in Hagwon Reply with quote

ttompatz wrote:
ursus_rex wrote:
Have the rules changed? I work at an institute in Hanam City. I've been told that I now have to get a CRC, a notarized degree (I'm Canadian) and all the documentation that is required by an E-2 applicant.

I've never had to do all this before... I'm hoping that the MOE official that is asking for this documentation is mistaken. I'm working for a hagwon after all, not a public school, and I though F-2 holders had the same employment rights as Korean nationals. I'm okay with all the paperwork, but only if a Korean in the same job has to do likewise (which I do not think is the case). I've been in Korea 11 years and rarely return to Canada, so that getting these documents is going to be a major headache. I'm also worried that I will do all the groundwork and the Korean consulate in Canada will eventually respond by asking why I am doing all this E-2 paperwork when I have an F-2 visa.

Does anyone with a similar visa know if I need get all this paperwork done for a private institute?

Thank-you.


If the academy is licensed by the MOE then yes, you need to get it done.
It is, since Feb of 2012 (law passed in July 2011) a requirement for all teachers regardless of race, creed, nationality or visa status.

Get it done or find a new occupation.

It is a MOE requirement and NOT an immigration issue.

.


I would think as an F visa holder he would only need to submit a criminal check from Korea? He's a Korean resident. Universities don't require them.
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r122925



Joined: 02 Jun 2011

PostPosted: Thu Apr 19, 2012 12:09 am    Post subject: Re: Requirements for F2 (F6) visa-holder to teach in Hagwon Reply with quote

Weigookin74 wrote:

I would think as an F visa holder he would only need to submit a criminal check from Korea? He's a Korean resident. Universities don't require them.


You would think so, but... this whole mess got started when the national assembly passed revisions to the hagwon law last year which went into effect this year. You can read the law here:

http://law.go.kr/lsSc.do?menuId=0&p1=&subMenu=1&nwYn=1&query=%ED%95%99%EC%9B%90%EC%9D%98+%EC%84%A4%EB%A6%BD%EC%9A%B4%EC%98%81+%EB%B0%8F+%EA%B3%BC%EC%99%B8%EA%B5%90%EC%8A%B5%EC%97%90+%EA%B4%80%ED%95%9C+%EB%B2%95%EB%A5%A0&x=31&y=2#liBgcolor0

As it's the hagwon law, it only applies to institutions that are licensed as hagwons. For public schools, there isn't any specific law requiring home country checks from F visa teachers, but the EPIK, GEPIK, and SMOE programs have all requested them as a matter of policy for at least a few years now. Universities don't have a law in place requiring them either, but some universities seem to be starting to ask for them.

Back to the hagwon law, the problems are that it was very vaguely written, and the local education offices who are tasked with its enforcement have interpreted it very strictly for the most part, and in some cases differently from office to office or person to person.

The law lists documents that must be collected from foreign teachers by the hagwon prior to employment. The law even takes the time to define a foreign teacher as anyone who is not a Korean citizen (so visa type does not matter). The law asks for these documents:

1. 범죄경력조회서
2. 건강진단서(1개월 이내에 받은 것으로서 대마 및 약물 검사 결과를 포함한다)
3. 학력증명서
4. 그 밖에 대통령령으로 정하는 서류

1. Criminal Record Check
2. Health check (less than one month old, must include drug test)
3. University Degree
4. Any other documents as required by presidential decree

They ask for a criminal record check, but they do not say whether the check must be from home country or Korea, whether an apostille is necessary or not, whether a photocopy or original is acceptable, how recent the check must be, which crimes would disqualify one from being a teacher, etc etc....

The health check is somewhat more specific, but the degree is also vague. No mention of apostilles or original/photocopy etc.

So when it came time for the local education offices to enforce this, it seems that most of them simply decided to make the rules the same as those for the E-2 visa (degree with apostille, national criminal record check from home country with apostille) with minor variations (some are demanding documents less than 3 months old, some 6 months, some will take notarized copies, some only want originals). Since there is so much different information coming out from different local offices it leads me to believe that either the MEST has no official nationwide policy for this and the local offices are making it up as they go along (you certainly won't find any official policy stated on the MEST website anywhere) OR there is a nationwide policy, it hasn't been made public for some odd reason, and the local offices are enforcing it differently due to incompetence.

The other huge problem is the fact that you need to resubmit these documents every time you get a new job (this could become a problem for E-2 holders wishing to transfer from one hagwon to another as well). The law states that the hagwon must collect these documents within 14 days of hiring or the hagwon will be fined, there's no mention of any procedure for people who worked at other hagwons in the past or have already submitted the documents. It seems some offices are accepting photocopies if they are recent enough, some only want originals, and some will give you a different answer depending on when you call them.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Thu Apr 19, 2012 4:27 am    Post subject: Re: Requirements for F2 (F6) visa-holder to teach in Hagwon Reply with quote

r122925 wrote:
Weigookin74 wrote:

I would think as an F visa holder he would only need to submit a criminal check from Korea? He's a Korean resident. Universities don't require them.


You would think so, but... this whole mess got started when the national assembly passed revisions to the hagwon law last year which went into effect this year. You can read the law here:

http://law.go.kr/lsSc.do?menuId=0&p1=&subMenu=1&nwYn=1&query=%ED%95%99%EC%9B%90%EC%9D%98+%EC%84%A4%EB%A6%BD%EC%9A%B4%EC%98%81+%EB%B0%8F+%EA%B3%BC%EC%99%B8%EA%B5%90%EC%8A%B5%EC%97%90+%EA%B4%80%ED%95%9C+%EB%B2%95%EB%A5%A0&x=31&y=2#liBgcolor0

As it's the hagwon law, it only applies to institutions that are licensed as hagwons. For public schools, there isn't any specific law requiring home country checks from F visa teachers, but the EPIK, GEPIK, and SMOE programs have all requested them as a matter of policy for at least a few years now. Universities don't have a law in place requiring them either, but some universities seem to be starting to ask for them.

Back to the hagwon law, the problems are that it was very vaguely written, and the local education offices who are tasked with its enforcement have interpreted it very strictly for the most part, and in some cases differently from office to office or person to person.

The law lists documents that must be collected from foreign teachers by the hagwon prior to employment. The law even takes the time to define a foreign teacher as anyone who is not a Korean citizen (so visa type does not matter). The law asks for these documents:

1. 범죄경력조회서
2. 건강진단서(1개월 이내에 받은 것으로서 대마 및 약물 검사 결과를 포함한다)
3. 학력증명서
4. 그 밖에 대통령령으로 정하는 서류

1. Criminal Record Check
2. Health check (less than one month old, must include drug test)
3. University Degree
4. Any other documents as required by presidential decree

They ask for a criminal record check, but they do not say whether the check must be from home country or Korea, whether an apostille is necessary or not, whether a photocopy or original is acceptable, how recent the check must be, which crimes would disqualify one from being a teacher, etc etc....

The health check is somewhat more specific, but the degree is also vague. No mention of apostilles or original/photocopy etc.

So when it came time for the local education offices to enforce this, it seems that most of them simply decided to make the rules the same as those for the E-2 visa (degree with apostille, national criminal record check from home country with apostille) with minor variations (some are demanding documents less than 3 months old, some 6 months, some will take notarized copies, some only want originals). Since there is so much different information coming out from different local offices it leads me to believe that either the MEST has no official nationwide policy for this and the local offices are making it up as they go along (you certainly won't find any official policy stated on the MEST website anywhere) OR there is a nationwide policy, it hasn't been made public for some odd reason, and the local offices are enforcing it differently due to incompetence.

The other huge problem is the fact that you need to resubmit these documents every time you get a new job (this could become a problem for E-2 holders wishing to transfer from one hagwon to another as well). The law states that the hagwon must collect these documents within 14 days of hiring or the hagwon will be fined, there's no mention of any procedure for people who worked at other hagwons in the past or have already submitted the documents. It seems some offices are accepting photocopies if they are recent enough, some only want originals, and some will give you a different answer depending on when you call them.


The education office should have those CRC's on file. Just get them back and give them to another education office when you transfer.

As for the criminal record, maybe some F holders should take it to court. The law isn't specific. If you have kids here, you're tied to Korea and don't live in Canada, then a Korean CRC should suffice.
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TDC troll



Joined: 03 Feb 2009
Location: TDC

PostPosted: Thu Apr 19, 2012 4:54 pm    Post subject: Reply with quote

Just got off the phone with Gyeongi Do MOE main office .
This is located in Suwon.

If you have submitted your apostillized CBC to your employer, they should have submitted it to the MOE ( local education office).

When you wish to change jobs , you can go in -person to the office .
They will make a copy of the original and give it back to you.

If you have not left the country , then , your good to go .
If you have left the country you will need to re-submit another
CBC.
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slothrop



Joined: 03 Feb 2003

PostPosted: Thu Apr 19, 2012 7:28 pm    Post subject: Reply with quote

edit

Last edited by slothrop on Sun Apr 29, 2012 11:48 pm; edited 1 time in total
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TDC troll



Joined: 03 Feb 2009
Location: TDC

PostPosted: Thu Apr 19, 2012 7:55 pm    Post subject: Reply with quote

If you stay in the same area then there is no need to do anything.
Even if you change employers. Just tell the new employer that
you are on file with the local ed.office.

If you get a job in another area (different ed.office), you will
have to go to first ed.office.
They will make a copy of the original (for their records ).
They will give you the original back.

As for the second question , I meant to say as long as you haven't
been back to your home country then your good to go.

If you go for even a vacation (to your home country) then you'll need a new crc/cbc.

One other thing which I have been thinking about is , make sure that
your employer actually gives the original to the MOE.
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ajtracymn



Joined: 06 Aug 2010

PostPosted: Fri Apr 20, 2012 5:13 am    Post subject: Reply with quote

Quote:
They ask for a criminal record check, but they do not say whether the check must be from home country or Korea, whether an apostille is necessary or not, whether a photocopy or original is acceptable, how recent the check must be, which crimes would disqualify one from being a teacher, etc etc....


I am quite curious about this. The law does not specify what kind of criminal record would be unacceptable. I knew of one teacher from the US who was clear on the state CBC but had worried about an 8-year old DUI from a different state showing up on her FBI when the law changed and she wanted to renew. Not sure what happened to her...

Anyway, I'm just curious if anybody out there has secured a job with something on their CBC. disturbing the peace? DUI? Drug Possession?
Where do they draw the line?
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soomin



Joined: 18 Jun 2009
Location: Daegu

PostPosted: Fri Apr 20, 2012 6:15 am    Post subject: Reply with quote

TDC troll wrote:

As for the second question , I meant to say as long as you haven't
been back to your home country then your good to go.

If you go for even a vacation (to your home country) then you'll need a new crc/cbc.


I thought you didn't need to get a new check as long as you weren't out of the country for more than 3 months... @.@
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TDC troll



Joined: 03 Feb 2009
Location: TDC

PostPosted: Fri Apr 20, 2012 8:49 am    Post subject: Reply with quote

Who has told you 3 months?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Fri Apr 20, 2012 5:22 pm    Post subject: Reply with quote

ajtracymn wrote:
Quote:
They ask for a criminal record check, but they do not say whether the check must be from home country or Korea, whether an apostille is necessary or not, whether a photocopy or original is acceptable, how recent the check must be, which crimes would disqualify one from being a teacher, etc etc....


I am quite curious about this. The law does not specify what kind of criminal record would be unacceptable. I knew of one teacher from the US who was clear on the state CBC but had worried about an 8-year old DUI from a different state showing up on her FBI when the law changed and she wanted to renew. Not sure what happened to her...

Anyway, I'm just curious if anybody out there has secured a job with something on their CBC. disturbing the peace? DUI? Drug Possession?
Where do they draw the line?


There are people who have slipped through the cracks or got lucky...but as a general rule if you have ANYTHING at all on your CRC...you can forget about being hired.


In recent years they were more lenient due to the low supply of English teachers...but now they can pick and choose so have been racheting up the requirements ever since.
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soomin



Joined: 18 Jun 2009
Location: Daegu

PostPosted: Fri Apr 20, 2012 9:36 pm    Post subject: Reply with quote

TDC troll wrote:
Who has told you 3 months?


here: http://forums.eslcafe.com/korea/viewtopic.php?t=218954

I hope that I don't need to redo everything because I had a week vaca in the States >.<
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