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E2 visa, CRC, Immigration and Board of Education

 
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david



Joined: 31 Oct 2003

PostPosted: Fri Jun 01, 2012 7:19 pm    Post subject: E2 visa, CRC, Immigration and Board of Education Reply with quote

I was let go from a hogwan in February 2012. I was ten months into a contract and was dismayed to hear that I wouldn't be receiving airfare and a severance. My reason for dismissal was financial and my boss provided me with a reference that helped me obtain a job in the Seoul area at a hogwan.

I went to Immigration with my boss not long after being hired and Immigration gave me until May 20, 2012 to obtain a National CRC and two apostilled University diplomas. I was able to obtain the apostilled diplomas, but am still waiting for a CRC as I lost a set of fingerprints and had to get fingerprinted again. ( My boss thinks I sent the CRC request in early March, but I didn't do so until late April. I didn't inform either Immigration or my boss regarding The CRC because I feared that it would put my job, and the roof over my head, in jeopardy.)

Immigration issued the visa, retroactive to March 1 , and wrote March 30, 2013 on the back of my ARC. My boss has been on me daily about The CRC and says that The BOE will fine him if they discover that I'm working w/o the CRC. My take was that The BOE wouldn't fine him as The Immigration official granted my visa, upon a condition conveyed verbally by my hogwan owner, that I submit The CRC when it arrives. I am of the opinion that my boss is wrong and that the BOE official, if to visit, would consult Immigration, learn about my visa status, and simply request that I submit the CRC when it arrives.

One last thing: My work environment is awful and the boss has done a number of things to me at work that nearly led me to walk out and quit my job for good. It is becoming abundantly clear that the school I'm at is trouble.

What are my options at the moment? Is my boss correct about the BOE?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Jun 01, 2012 8:02 pm    Post subject: Reply with quote

Quote:
Immigration issued the visa, retroactive to March 1 , and wrote March 30, 2013 on the back of my ARC.


Immigration doesn't issue visas on your ARC. They simply update where you live. They were helping you by using some "grace" period they give between jobs. How long that period will last is uncertain. You really need your CRC to be legal.

Did they stamp anything in your passport? They should have, a change of location at least.

Quote:
the BOE official, if to visit, would consult Immigration, learn about my visa status, and simply request that I submit the CRC when it arrives


You're trading one tightrope to walk on for a tightrope in another circus. You may want to consult with immigration and try to get a D-10. This will solve 2 problems. Read on.

Quote:
What are my options at the moment? Is my boss correct about the BOE?


That doesn't really matter. What you need are your documents. If you go to immigration, let them know about your situation, they might get you a D-10. Then, move out, get ALL your documents. Find a school, and do it the right way. Give ALL your documents to the new school, and then work there.

Right now you are lying to cover a lie, injuring yourself in the process of trying to make an earlier wound heal.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jun 02, 2012 12:30 am    Post subject: Reply with quote

Ignore YTMND. His post is inaccurate.

You are OK as far as immigration is concerned. Your visa (or more correctly, your status of sojourn) is not an issue and as far as immigration is concerned you are good till the last date indicated on your ARC.

The education office is another matter.
The laws passed last summer now require the education office to verify the background and credentials of ALL teachers working in Korea (regardless of race, creed, color, nationality or visa status).

Your boss is on your case because he can be fined by the education office if you do not produce the required CRC with the apostille.

IN THE INTERIM you CAN go to immigration and get an IMMIGRATION issued copy of the CBC you have on file with them with the apostille and with an immigration verification letter (stating that the copy is identical to the one they have on file for you). This will suffice at the local education office (in spite of what anyone else tells you).

.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Jun 02, 2012 2:32 am    Post subject: Reply with quote

Quote:
Ignore YTMND. His post is inaccurate.


Then, please state where the inaccuracy is. I don't see in your post anything that contradicts what I stated, and it adds to what I was getting across.

Thank you for the additional information.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Jun 02, 2012 3:13 am    Post subject: Reply with quote

YTMND wrote:
Quote:
Ignore YTMND. His post is inaccurate.


Then, please state where the inaccuracy is. I don't see in your post anything that contradicts what I stated, and it adds to what I was getting across.

Thank you for the additional information.


There is no "grace period" between jobs or otherwise.

They do not do anything to your passport when you extend, renew, transfer.

What does a D10 have to do with anything? He is legally employed on an E2.

Immigration has NOTHING TO DO with the MOE or the new MOE requirements for "teachers".

.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Jun 02, 2012 5:17 am    Post subject: Reply with quote

Quote:
There is no "grace period" between jobs or otherwise.


Typically, contracts were supposed to run in sequence. I in fact brought this up in 2009 (around end of July). I was changing jobs and asked if it was ok if my contract period for the new job was 2 weeks after the end of my first contract period. I remember you specifically said it wouldn't be a problem, and it was true. Immigration ok'd it (Uijeongbu at the time).

Quote:
They do not do anything to your passport when you extend, renew, transfer.


Yes, they do. Here are two different stamps I got:

1) http://i48.tinypic.com/ww16vn.jpg
2) http://postimage.org/image/jpltp2ayb/

Quote:
What does a D10 have to do with anything? He is legally employed on an E2.


I was jumping the gun, looking at the worse case scenario. Maybe he is legally on an E2 but had a grace period of 1 year to get a CRC. I wasn't sure he already had one. You seem convinced he does, and if that's so then my suggestion would not be a good first choice. However, if immigration has a problem with what you refer to as the "interim", then I just wanted to let them know about the D10.

Quote:
Immigration has NOTHING TO DO with the MOE or the new MOE requirements for "teachers".


They stated:

"I went to Immigration with my boss not long after being hired and Immigration gave me until May 20, 2012 to obtain a National CRC and two apostilled University diplomas."


So, if immigration is telling them to get a new CRC, then this isn't an MOE issue. I was basing my comments on what they stated. If you know that immigration is wrong about requiring a CRC, then the situation is not as severe. I don't see where that is the case yet.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat Jun 02, 2012 6:40 am    Post subject: Reply with quote

YTMND wrote:

Quote:
Immigration has NOTHING TO DO with the MOE or the new MOE requirements for "teachers".


They stated:

"I went to Immigration with my boss not long after being hired and Immigration gave me until May 20, 2012 to obtain a National CRC and two apostilled University diplomas."


So, if immigration is telling them to get a new CRC, then this isn't an MOE issue. I was basing my comments on what they stated. If you know that immigration is wrong about requiring a CRC, then the situation is not as severe. I don't see where that is the case yet.



The OP has two problems:

Immigration: He needs a new CRC. However they have given him a grace period until May 20, 2012. (Problem, it is now later than the deadline.)

MOE - the local Education Office also requires a CBC to be on file. They have no grace period. They do not care about what Immigration may have done. So, at the Education Office, the OP has been teaching illegally for months now. Immigration's grace period doesn't apply.

The OP's boss is correct. The OP is teaching illegally. The boss is taking a risk. The boss should really have fired the OP and found a new teacher, if he was following the law exactly. Even the Labor Office can't require an employer to keep or pay an illegal teacher.

Ttompatz has given a reasonable solution to part of the problem: Get a copy of the old CRC and take it to the Education Office.

The problem at this point would be that by doing so it would remind the Immigration Office that the OP has gone past their grace period. Perhaps they will give him a copy of his old CRC and a little more time. Perhaps they will not and he will get an exit order instead.

The OP should probably try a more honest route with Immigration. Tell them the CRC hasn't come yet. Ask for a little more time and a copy of the previous CRC for the Education office. They will probably give him a bit more time.

If the Education Office finds out, they will give the OP's boss a large fine and close the school for a period of time. The OP will lose his job, his visa will be cancelled by his boss or by Immigration. One way or the other Immigration will find out. Then there will be no more grace period and the OP will have to leave Korea.


Last edited by ontheway on Sat Jun 02, 2012 6:51 am; edited 1 time in total
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Jun 02, 2012 6:50 am    Post subject: Reply with quote

Original Poster, please let us know what happens.
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david



Joined: 31 Oct 2003

PostPosted: Mon Jun 04, 2012 1:08 pm    Post subject: Post subject: E2 visa, CRC, Immigration and Board of Educati Reply with quote

I did have my visa extended and am waiting for my National CRC. Here is a summary of my last few jobs:

October 2010 - April 2011 - I had a state issued CRC while employed at this job.

Late April 2011-February 2012- I was permitted to transfer a visa, but was told by Immigration that I needed to get a National CRC. I got this in July 2011, but never submitted it to Immigration. In January 2011 I discarded it because I thought that the check was no good as six months had passed. I would have kept the check if I'd known that I wasn't going to finish my contract, but, as is said, hindsight is 20/20.

March 2012- I went to Immigration and have until March 2013 according to my ARC. I still do not have my National check and am waiting for it at the moment.

Should I obtain my state check w/apostille from Immigration and obtain a copy to be used in the interim? I submitted this check to a different Immigration office than the one I'm going to now, but am assuming that the state check w/apostille is on file and can be retrieved by any Immigration office electronically. Yes?

Thank you for all the feedback and I look forward to receiving more.
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