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2Qs: interview at consulate, axed?? is my friend legal??

 
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hasenman



Joined: 11 Oct 2006
Location: states

PostPosted: Mon Oct 27, 2008 9:28 am    Post subject: 2Qs: interview at consulate, axed?? is my friend legal?? Reply with quote

Hi everyone,

Perhaps some of you E-2 guidelines experts would be so nice to help me out. I have two questions:

1.) A job I'm looking at just told me that home consulate interviews were axed a while ago. Is this true??? I haven't seen anything about it in the E-2 sticky...

2.) Last year, my friend was caught up in some visa trickery where his hagwon told him and his co-workers that they were working legally while their visas were processing. Turns out, they weren't and were lied to by their hagwon. So now, my buddy's got a fine on his name (from June last year, paid by hagwon) and wants to go back to Korea.

Is it possible for him to get another E-2 visa from abroad considering the new regs??? He was told by Kimmi officials that there would be a ban for one year on a new E-2. But, that was before the new regs...

If he can, does he need to acknowledge this mark to Kimmi and recruiters?

So all you K-vets who know all the gray parts of Kimmi law, please help...Much appreciated!

And yes I do know that it should probably go in the E-2 guidelines portion but no one reads that anymore and I've got very specific questions.
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losing_touch



Joined: 26 Jun 2008
Location: Ulsan - I think!

PostPosted: Mon Oct 27, 2008 4:57 pm    Post subject: Reply with quote

My understanding is as follows. I have no reason to suspect that it has changed. The first E-2 visa requires an interview to be done in the home country of the applicant. If the applicant wishes to have the visa issued in a third country, their degree must first be verified in Korea by the KCUE. This process takes about two weeks and needs to be initiated by the future employer.

A black mark on the immigration file will eliminate this possibility. The applicant must return to a consulate or embassy in their home country for the interview each time a new visa is to be issued.
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hasenman



Joined: 11 Oct 2006
Location: states

PostPosted: Mon Oct 27, 2008 5:29 pm    Post subject: Reply with quote

losing_touch wrote:
My understanding is as follows. I have no reason to suspect that it has changed. The first E-2 visa requires an interview to be done in the home country of the applicant. If the applicant wishes to have the visa issued in a third country, their degree must first be verified in Korea by the KCUE. This process takes about two weeks and needs to be initiated by the future employer.

A black mark on the immigration file will eliminate this possibility. The applicant must return to a consulate or embassy in their home country for the interview each time a new visa is to be issued.


Thanks for the reply. But I'm still unclear on the possibility of even getting an E-2 after a black mark. Is it up to the whim of the Kimmi ajoshi checking the visa application or is there something in the regulations that will bar or allow an E-2 visa after a black mark??
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losing_touch



Joined: 26 Jun 2008
Location: Ulsan - I think!

PostPosted: Mon Oct 27, 2008 5:37 pm    Post subject: Reply with quote

Some insight on this thread: http://forums.eslcafe.com/korea/viewtopic.php?t=136122

I think I have too much free time. I doubt this link will work, but here it is: http://www.hikorea.go.kr/pt/InfoDetailR_en.pt?categoryId=2&parentId=382&catSeq=385&showMenuId=374&visaId=C4

Copied from there is the following:

Quote:
The following outlines the differences when applying for visa issuance through overseas consulate.

* By rule, must apply from the Korean consulate that is located in the applicant�s country.
※ When applying from a third country is permitted:
- Those that have worked in Korea as a Professor (E-1), Foreign language instructor (E-2), or Researcher (E-3), and have no record of law breaking
-�Those whose education level has been verified by domestic verification agency (�Korean Council for University Education�) that was created based on Law on Korean University Education Association
▶By rule, must go through an interview at the consulate. (However, those that applied for visa issuance from a third country may skip this portion as situation warrants)
- According to the standard interview manual, conduct a face-to-face interview. However, if circumstances were such that making a visit is not possible or plausible, then it may be conducted over video conference.
- If, after the interview, the applicant is deemed unfit to work as an instructor, visa will not be issued regardless of the issuance of visa issuance certificate.

Notes for consulates receiving visa applications

* Checking whether the applicant is eligible to apply for a visa from a third country.
- From immigration information system: Navigate to「Visa→Visa issuance certificate」, find Education Verification (new), then check for entry of 「Education verification (�Korean Council for University Education�)」
- From immigration information system: Using「Stay →Registration→Foreigner registration」, check for whether the applicant has a record of having stayed with Professorship (E-1), Foreign Language Instructor (E-2) and Research(E-3) status
- From immigration information system: Using「Crime control →Crime inspection→Search criminal record」, check for record of lawbreaking activities during the applicant�s past stays in Korea
* For foreigners that are not eligible for application in the concerned consulate, instruct them to apply for visa issuance from a Korean consulate in their home country.


So, it would appear that foreign consulates are being instructed to check the immigration record as part of the issuance process. This will reveal the black mark.
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hasenman



Joined: 11 Oct 2006
Location: states

PostPosted: Mon Oct 27, 2008 5:53 pm    Post subject: Reply with quote

losing_touch wrote:
Some insight on this thread: http://forums.eslcafe.com/korea/viewtopic.php?t=136122

I think I have too much free time. I doubt this link will work, but here it is: http://www.hikorea.go.kr/pt/InfoDetailR_en.pt?categoryId=2&parentId=382&catSeq=385&showMenuId=374&visaId=C4

Copied from there is the following:

Quote:
The following outlines the differences when applying for visa issuance through overseas consulate.

* By rule, must apply from the Korean consulate that is located in the applicant�s country.
※ When applying from a third country is permitted:
- Those that have worked in Korea as a Professor (E-1), Foreign language instructor (E-2), or Researcher (E-3), and have no record of law breaking
-�Those whose education level has been verified by domestic verification agency (�Korean Council for University Education�) that was created based on Law on Korean University Education Association
▶By rule, must go through an interview at the consulate. (However, those that applied for visa issuance from a third country may skip this portion as situation warrants)
- According to the standard interview manual, conduct a face-to-face interview. However, if circumstances were such that making a visit is not possible or plausible, then it may be conducted over video conference.
- If, after the interview, the applicant is deemed unfit to work as an instructor, visa will not be issued regardless of the issuance of visa issuance certificate.

Notes for consulates receiving visa applications

* Checking whether the applicant is eligible to apply for a visa from a third country.
- From immigration information system: Navigate to「Visa→Visa issuance certificate」, find Education Verification (new), then check for entry of 「Education verification (�Korean Council for University Education�)」
- From immigration information system: Using「Stay →Registration→Foreigner registration」, check for whether the applicant has a record of having stayed with Professorship (E-1), Foreign Language Instructor (E-2) and Research(E-3) status
- From immigration information system: Using「Crime control →Crime inspection→Search criminal record」, check for record of lawbreaking activities during the applicant�s past stays in Korea
* For foreigners that are not eligible for application in the concerned consulate, instruct them to apply for visa issuance from a Korean consulate in their home country.


So, it would appear that foreign consulates are being instructed to check the immigration record as part of the issuance process. This will reveal the black mark.


Wow, thanks for looking that stuff up. I know that one with a mark does need to get an interview in their home country BUT--and I hate to belabor this--does having a black mark automatically mean that the applicant will not be issued a number or is it up to the Kimmi official?? This question is independent of where the interview takes place. Some of the details are vague as to whether someone is able to receive a visa number after violating Kimmi regs. I've heard that one cannot get a visa within a year of the violation but that was before the new regs AND I'm not sure if any regs have addressed this issue. I still haven't read anything that definitively explains this situation.
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