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itiswhatitis
Joined: 08 Aug 2011
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 Posted: Mon Aug 06, 2012 5:13 am Post subject: Am I getting deported????? |
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Summary:
-Arrive in Daegu, Korea March 2010 on an E-2 visa and submit a police check from Winnipeg Police
-Move to Seoul in March 2012, have an RCMP check with apostille dated from January 2012 in hand along with a freshly notarized degree with apostille
-Give docs to new boss in March 2012 at the hagwon in Seoul
-boss arrives back 2 hours later, gives me my ARC which now has an expiry date of March 2013 and a passport with a sticker on it that says that I am good to go until March 2013. I ask my boss for the original RCMP check back and he says that he submitted it to immigration. I confirm that immigration does in fact keep the original RCMP check so it seems all makes sense.
July 13th: I get fired and am asked to stay working at the hagwon until August 31st which I agree to.
Job hunt begins.....
-Have an interview this week and am told to go to immigration to get a COPY of my RCMP check which they have on file since I sumbitted it in March.
-I go to immigration and am given an old Winnipeg police check and told that the RCMP check was never submitted
-My boss shows me my file today and sure enough my original RCMP check with aopstille is there.
-He never submitted the dammed thing and I need to change jobs at the end of the month.
I don't know what to do. No point in taking the RCMP check to immigration now since it's past 6 months and thus useless.
Talk about being put through the ringers!!!!
Thanks for any advice!!!! |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Mon Aug 06, 2012 5:29 am Post subject: |
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| No, you'll be fine. The Winnipeg check is a national one which is why they didn't accept the RCMP one. Redundancy. Plus you are being transferred, so you don't need to resubmit any documents. |
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itiswhatitis
Joined: 08 Aug 2011
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| Posted: Mon Aug 06, 2012 5:45 am Post subject: |
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Thanks for the tip.
Immigration actually told me about a year ago that I needed an RCMP check no matter what, even if my Winnipeg police check clearly states (which it does) that it includes a national check.
What a bunch of BS..............
No disrespect to you but I'll beleive it when I see it. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Aug 06, 2012 6:22 am Post subject: |
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They definitely aren't going to deport you. Absolute worse case scenario is that your visa expires and you have to leave. Big difference from being deported.
But still, you can do a transfer without new documents. (I've done it plenty of times.) |
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itiswhatitis
Joined: 08 Aug 2011
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| Posted: Mon Aug 06, 2012 6:31 am Post subject: |
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| Troglodyte wrote: |
| They definitely aren't going to deport you. Absolute worse case scenario is that your visa expires and you have to leave. |
So this wold mean that worst case scenario I would have to leave in March 2013 (when my visa expires)??? Even after doing a transfer???
Thanks!!!!! |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Mon Aug 06, 2012 6:45 am Post subject: |
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| Some immigration officers are ignorant, and think that the RCMP is the only police force that issues national checks. Your boss probably talked to an immigration officer with a brain, and therefore didn't need to provide the redunant RCMP check. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Aug 06, 2012 9:02 am Post subject: |
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| itiswhatitis wrote: |
| Troglodyte wrote: |
| They definitely aren't going to deport you. Absolute worse case scenario is that your visa expires and you have to leave. |
So this wold mean that worst case scenario I would have to leave in March 2013 (when my visa expires)??? Even after doing a transfer???
Thanks!!!!! |
Well, there are various degrees of "worst" case scenario including an invasion by North Korea or an outbreak of the plague.
BUT you're not going to get deported because immigration doesn't have a copy of your CBC. You get deported for doing illegal things. The last time you transferred your visa, you didn't actually need a new one anyway. If you had been from the States and had a state level CBC then you would have been required to submit a national CBC (from the FBI). As far as I've heard all Canadian CBCs are national. This is probably why immigration didn't ask for the new one the last time you gave it to your boss. If immigration renewed your ARC then you're good to go - until it's cancelled or expires. If you quit or get fired then you've got 2 weeks to announce this to immigration and hopefully still transfer your visa. If you've worked for 6 months (or will have worked for 6 months) by the time your current job finishes then all you need is a letter from your current employer releasing your from your contract so that you can transfer your visa. I've also heard that a letter of termination (regardless of whether or not the employer agrees to let you transfer your visa) is also sufficient, but I've never used one and can't recall meeting someone who did that.
So technically unless new regulations come about then you can stay here indefinitely as long as you keep transferring your visa after each job. Immigration will keep putting a new stamp on the back of your ARC. But who knows? Maybe they WILL ask for a new CBC eventually. It's probably worth having one just in case. Similarly, its also good to have a complete set of documents ready at all times just in case you have to make an E2 visa run to Japan for whatever reason.
If a recruiter or school asks, just show them that CBC that immigration gave you and explain to them that it's sufficient for immigration so it should be sufficient for the school as well. Since you haven't been out of Korea for a prolonged period of time, you can also get a CBC from the Korean police. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Aug 06, 2012 9:17 am Post subject: Re: Am I getting deported????? |
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| itiswhatitis wrote: |
-Move to Seoul in March 2012, have an RCMP check with apostille dated from January 2012 in hand along with a freshly notarized degree with apostille
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Hold on a second there. How did you get it apostilled? I'm quite sure that Canada doesn't use apostilles. |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Mon Aug 06, 2012 3:00 pm Post subject: Re: Am I getting deported????? |
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| Troglodyte wrote: |
| itiswhatitis wrote: |
-Move to Seoul in March 2012, have an RCMP check with apostille dated from January 2012 in hand along with a freshly notarized degree with apostille
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Hold on a second there. How did you get it apostilled? I'm quite sure that Canada doesn't use apostilles. |
He means he got it stamped at the embassy. |
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cincynate
Joined: 07 Jul 2009
Location: Jeju-do, South Korea
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| Posted: Mon Aug 06, 2012 11:32 pm Post subject: |
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| Quote: |
| But still, you can do a transfer without new documents. (I've done it plenty of times.) |
While this is true, it is only true if they have a copy of your National background check and apostilled degree. People who tried to switch as the new laws went into effect found that the local police check that immigration had on file did not suffice.
I don't know about Canada, but it sounds like Immigration wants an RCMP check.
Good luck! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Aug 07, 2012 12:39 am Post subject: |
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| cincynate wrote: |
| Quote: |
| But still, you can do a transfer without new documents. (I've done it plenty of times.) |
While this is true, it is only true if they have a copy of your National background check and apostilled degree. People who tried to switch as the new laws went into effect found that the local police check that immigration had on file did not suffice.
I don't know about Canada, but it sounds like Immigration wants an RCMP check.
Good luck! |
Unlike the US, ALL Canadian police service units (RCMP, provincial police, city police or otherwise) use the SAME database (CPIC) for national checks.
Canada is also NOT a party to the apostille treaty so an apostille is not possible for a Canadian document. It must be certified by the Korean consulate in the jurisdiction where the document was notarized or issued (in the case of the police check).
OP:
IF you were told that you needed to produce a RCMP check and you haven't done it then your application for an extension/transfer will be denied and you will be required to leave the country within 30 days of your last date of employment on your current status of sojourn.
Order a new check. Get it authenticated at the Canadian embassy in Seoul and get a new visa with your new job.
IF you have a new job to transfer to, immigration MAY (at the officer's discretion) allow you time to obtain one before you get an exit order.
If you were not told that you needed to produce a new check then you will probably be OK provided the one on file is K-consulate certified and you have a degree copy on file that is also K-consulate certified.
. |
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iggyb
Joined: 29 Oct 2003
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| Posted: Tue Aug 07, 2012 2:06 am Post subject: |
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In the US, I don't know why the local police background check doesn't include a search of the national database.
I know when a police officer pulling you over asks the dispatcher to run your name and/or driver's license through the computer, it kicks back results for both the state and national database.
Why on earth they can't give you a printout of that is beyond me...
The FBI check requires fingerprints - which the local one doesn't - they just want to see your driver's license or other proof of identification. But how big a difference is that in that?
If the police can do a quick search for me covering the whole nation, why can't the local police station do it and print it out like they do for a state check?
Where is the big hole? |
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