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I have been in Korea since March 2004.
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    « Immigration Follow Up | Main | Time to Get Your Politic On...Almost »
    Monday
    05Jan2009

    More Immigration Goodness

    Or not, as the case may be.

    [Update:] here is the press release in full.

    Courtesy of our new friends at ATEK, this press release detailing a proposed amendment to the Immigration Control Act:

    On December 30, 2008, a bill was introduced to the Korean National Assembly proposing an amendment of the Immigration Control Act. The bill seeks to establish the "legal basis to require foreigners applying for an employment visa to submit a criminal background check and health certificate"

    What? I thought that was legal and that I already did it for my Teaching visa this year. And you'd be absolutely right. Korean Immigration Service makes up, often on a whim creates and implements policy, the bill in question will strengthen Immigration regulations and require all foreigners, across the board, applying for any work related visa, to undergo those same tests, and supply the same paperwork, we E2's have been doing for the last year.

    A complete translation of the reasons (제안이유) for the bill's introduction is as follows: "Nowadays, the number of foreigners working in Korea is increasing, but a good many [Korean: 상당수] have previous convictions for drug and sexual crimes or carry infectious diseases. As we require measures to deal with the threat they pose to our society's public order and our people's health, we herein prepare the legal basis to require that foreigners applying for an employment visa submit a criminal background check and a health certificate."

    Hahahaha! It's a shame Brian has gone off on holiday - He'd be all over this one like white on rice! As ATEK points out in it's press release, it can't be the filthy English teachers they're refering to in the bill's preamble - we've all been tested for the last year!

    E-2 visa holders are already required by the Korea Immigration Service to submit to drug checks, medical checks including an HIV test, and criminal background checks, however, the proposed bill states the revision would apply to "foreigners applying for an employment visa". This is a markedly larger group of foreigners than just E-2 visa holders. Further, by becoming an Act of the National Assembly, it becomes much more difficult to challenge.

    ATEKs problem with the bill, The Bimbo's problem with the bill, and probably Brian's problem with the bill is this:

    The Association for Teachers of English in Korea (ATEK) calls on the author(s) of this bill to provide their evidence that "a good many" (상당수) foreigners working in Korea have previous convictions for drug and sexual crimes or carry infectious diseases. Obviously, with the stringent checks being done on E-2 visa holders, they are not part of the "good many" foreigners mentioned. How many E-1, E-6, E-7, and/or C-4 visa holders have been discovered to have criminal convictions or infectious diseases? This evidence cannot be produced because it does not exist.

    OK I shouldn't presume to speak for Brian in Jeollanam-do, but I dare say his favourite generalisation of 2008, "Unqualified", is swiftly on the way to being replaced by "a good many". Apparently the bill was proposed less than a week after the arrest of Christopher Paul Neil but was sidelined by the BBK scandal and ultimately expired when Parliament rose for the election in the middle of 2008. ATEK is calling for the Representatives sponsoring the bill to come forward and give evidence about the "Great many" drug crazed sex fiend foreigners they've encountered.

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    Reader Comments (2)

    Maybe I'm mistaken, but I have read several posts and I think (THINK) there is some misunderstandings.
    All the provisions for the new Inmigration regulations will apply to those appliying for a VISA, not to those who already have one (the sojourn extension is not a visa application.)
    If someone changes jobs (employers) and have to request a new VISA then the provisions will apply.
    VISA and extension are not the same thing, I guess.
    Maybe I am mistaken, I repeat, but that's the way I understand it.
    Keep up the good work.
    Happy New Year to all.

    January 6, 2009 | Unregistered CommenterJosé María

    José María: I think you're right too, the distinction between current visa extension and a whole new visa leads to a number of misunderstandings.
    Point here being that Immigration does us no favour in constantly changing it's mind about things.

    January 7, 2009 | Registered CommenterStafford

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