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E-1 Work Permit - Criminal Record Check?
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Shimokitazawa



Joined: 14 Dec 2007
Location: Seoul

PostPosted: Sun Jan 29, 2012 5:42 pm    Post subject: E-1 Work Permit - Criminal Record Check? Reply with quote

I'm curious if an E-1 requires a criminal record check?

I've heard and read both Yes and No.

Someone said that if one is applying for an E-1 work permit for the first time, they are required to have the criminal record check completed as part of the E-1 application process.

However, I was hired by two different universities in the last few years, one in Seoul and the other in Daegu, and neither required a criminal record check for the E-1.

Then last week at the Korean consulate, the Korean clerk I spoke with was very vague and just said that if it was for teaching English, it required a criminal record check but also said it was up to the university and immigration. So she never really gave me a firm answer.

Can anyone here confirm with any certainty the requirement?
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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

PostPosted: Sun Jan 29, 2012 8:40 pm    Post subject: Re: E-1 Work Permit - Criminal Record Check? Reply with quote

Shimokitazawa wrote:
I'm curious if an E-1 requires a criminal record check?

I've heard and read both Yes and No.

Someone said that if one is applying for an E-1 work permit for the first time, they are required to have the criminal record check completed as part of the E-1 application process.

However, I was hired by two different universities in the last few years, one in Seoul and the other in Daegu, and neither required a criminal record check for the E-1.

Then last week at the Korean consulate, the Korean clerk I spoke with was very vague and just said that if it was for teaching English, it required a criminal record check but also said it was up to the university and immigration. So she never really gave me a firm answer.

Can anyone here confirm with any certainty the requirement?


What Korean Consulate? In Japan? And, you would only go there after having received the confirmation of Visa Issuance Number from the new university's immigration office. And, if you have a confirmation number, then that shows the Korean Consulate that you have met all of the requirments to get a new E-1 Visa according to the immigration office in charge of your new school. This post has me 100% lost.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jan 29, 2012 8:53 pm    Post subject: Reply with quote

University and on an E1 (visiting professor) = no, not for immigration but the employer may or may not ask for it.

University and on an E2 (teacher of foreign languages (English)) = yes, it is an immigration requirement regardless of whether it is your 1st or 21st E2.

.


Last edited by ttompatz on Sun Jan 29, 2012 8:56 pm; edited 1 time in total
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Sun Jan 29, 2012 8:55 pm    Post subject: Reply with quote

OP is based in BC so Vancouver consulate.

According to the HiKorea site - no an E-1 does not need a CRC...
BUT... The school or university may ask for one. Also would not be surprised if an Immigration official asked for it. Also if dealing with children - camps, extra classes, it might be needed. Better to have it ready for that just in case and not have it when the do decide to surprise you,

Also asking the consulate on immigration matters is not there major forte - so they will give generic answers or no answers. For indepth questions in immigration or education it would be best to look at the said departments web sites or ask them.

Besides did you not already get the check? Something appear?
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Shimokitazawa



Joined: 14 Dec 2007
Location: Seoul

PostPosted: Mon Jan 30, 2012 11:19 am    Post subject: Re: E-1 Work Permit - Criminal Record Check? Reply with quote

drcrazy wrote:
This post has me 100% lost.


I've noticed that some universities who have hired me under an E-1 work permit status have not required a criminal record check. However, a university I recently dealt with claimed that it was mandatory.

The Korean clerk at the *Vancouver* Korean consulate gave a vague answer and said that it was up to the university and immigration.
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asutrack



Joined: 05 Jul 2007
Location: Busan

PostPosted: Mon Jan 30, 2012 7:08 pm    Post subject: Reply with quote

As someone who actually has dealt with this 2x now and (my wife is as well) here's what I know:

E-1 is NOT required by immigration however more and more universities are requiring them and stating that it is a government requirement. Which government body, still seems unclear to me but it is NOT immigration.

If anybody is able to provide additional info on what (if any) gov't office is requiring CBC for E-1's I would like to know so the next time I am asked for the CBC I'll know if it really is required or not.
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Shimokitazawa



Joined: 14 Dec 2007
Location: Seoul

PostPosted: Tue Jan 31, 2012 4:16 pm    Post subject: Reply with quote

asutrack wrote:
As someone who actually has dealt with this 2x now and (my wife is as well) here's what I know:

E-1 is NOT required by immigration however more and more universities are requiring them and stating that it is a government requirement. Which government body, still seems unclear to me but it is NOT immigration.

If anybody is able to provide additional info on what (if any) gov't office is requiring CBC for E-1's I would like to know so the next time I am asked for the CBC I'll know if it really is required or not.


Right. I'm at the Korean consulate right now and the clerk told me to take the issue up with Korean Immigration. At least, that's the party line.

Like I said, other universities have no needed it to process my E-1, while a recent university claimed it was required for an E-1.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Tue Jan 31, 2012 6:10 pm    Post subject: Reply with quote

Do you expect people/Uni adminstrators to be experts on immigration policies and law! Most Universities deal with immigration about twice a year and they deal with a wide varieties of visas from E-2, E-1, F-4, C-4, etc. Plus who does the leg work can change year to year. So expect the person you are dealing with to have a general knowledge of the process, hopefully. Expect gaps of knowledge and shortcuts. Why ask for each person to do a certain routine, when you can ask all applicants to do one routine, it is easier.

I describe it as thus. For many officials and people the thinking and process will be. You need to do A, then B, then C". You will not often get the "You need to do A, BUT F is a possibility. After A or F is done, then you can EITHER do C or D. If C is problem then MAYBE it is possible to try with Z"

A piece of advice is you can argue with a place about what is required, but do not be surprised if they then decide to either refuse to listen to you or even just not hire you.

I have a suspicion that places like Universities are asking for a criminal record because Education Department has got into the game of verification of teachers. So Universities might ask because Ministry of Education might want to make sure Professor is clean. Also many Universities have programs that might include children.

Also Universities might ask, well because they want to! They are the ones doing the hiring. If they want a Masters of Education, they can ask. If they want to do drug testing every month, ok. If they want a Christian, OK. I have seen Universities asking for a reference from a pastor! Universities also have images to uphold. So if they can say all are teachers/professors have degrees and are respectable people with no criminal past.

In the end it is better to go along to get along.
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Shimokitazawa



Joined: 14 Dec 2007
Location: Seoul

PostPosted: Wed Feb 01, 2012 9:26 am    Post subject: Reply with quote

Without a doubt, this is all still one big cluster f***, with many people still confused about apostille vs. notorization, and types of different criminal background checks vs. criminal record certificates, and whether fingerprints are required, etc.

My guess is that it's going to take at least another 3 years for all involved to finally figure it out.
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calicoe



Joined: 23 Dec 2008
Location: South Korea

PostPosted: Wed Feb 01, 2012 5:08 pm    Post subject: Reply with quote

So, the next question is: do E-1 visas need to apostille their degrees?
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