Title
The last hurdle to an H-2 visa for ethnic Korean Chinese: a criminal record certificate from China Even after voluntary reporting, re-entry on a C-3-8 visa and completion of skills training, the switch to H-2 stalls without a certificate issued only by the police station of the applicant's hukou district.
- Related countries
- 중국, 한국
Content
Apostille Korea said it provides an agency service for obtaining criminal record certificates in China. The Ministry of Justice keeps open a route for those who report their irregular status voluntarily to re-enter Korea on an F-4 or C-3-8 visa, but converting to an H-2 work visa requires a Chinese criminal record certificate that has been issued, notarised and legalised in full.
- The Ministry of Justice plans to reduce the number of irregular residents by a further 5,000 this year and is expanding its regional enforcement teams from two to four.
- Voluntary reporting covers simple overstayers, illegal entrants, holders of passports under false names and sham marriages, regardless of how long the irregular stay lasted.
- C-3-8 visa holders who pass a computerised draw and complete six weeks of skills training can convert to an H-2 work visa.
- The Chinese criminal record certificate is issued only by the police station of the applicant's hukou district and must then pass notarisation, authentication by the foreign affairs office and consular confirmation at the Korean consulate.
From voluntary reporting to H-2 conversion
In January the Ministry of Justice reported that it had met its target by catching 5,197 irregular residents during 2016, and set out a plan to cut a further 5,000 this year by expanding its regional enforcement teams from two to four. Rather than relying on deportation alone, it also keeps open a lawful route back into Korea, and ethnic Korean Chinese who had been living outside the protection of the law are stepping forward to register. Voluntary reporting covers simple overstayers, illegal entrants, holders of passports under false names and sham marriages, and the length of the irregular stay is not taken into account. Those in an irregular status were fully exposed to unpaid wages, industrial accidents and other criminal harm. The ministry runs the scheme to improve working conditions, raise employment insurance enrolment among ethnic Korean Chinese and develop them into skilled workers. Those who report and then leave the country may re-enter on an F-4 or C-3-8 visa, and C-3-8 holders receive an H-2 work visa after six weeks of skills training allocated by computerised draw.
Why the criminal record certificate is hard to obtain
A C-3-8 holder who has completed the training can convert to an H-2 visa with an application form, one photograph, a passport, a Chinese identity card, a hukou booklet, a recommendation for change of status to work-and-visit, a lease contract, a certificate of course completion, a health check record and a criminal record certificate. Of these, the criminal record certificate, also known as the Chinese personal background report, is the main obstacle. Unlike in Korea, it is issued only by the police station with jurisdiction over the applicant's registered hukou district, so the applicant must go there in person with an application form and hukou booklet. Even after issuance it can be used in Korea only once it has been notarised, authenticated by the foreign affairs office and confirmed by the Korean consulate. In effect, one individual must deal in sequence with several public bodies that each have different procedures, timelines and rules. If an application is refused the submitted papers cannot be recovered and the process starts again, and the requirements can shift with the visa category and the timing of the application.
Frequently asked questions
Can the Chinese criminal record certificate be issued in Korea?
No. It is issued only by the police station with jurisdiction over the applicant's registered hukou district in China, on submission of an application form and hukou booklet.
Can the certificate be used in Korea straight after issuance?
No. It must first be notarised, then authenticated by the foreign affairs office, and finally confirmed by the Korean consulate.
What happens if the application is refused?
The submitted documents cannot be recovered, so the whole preparation starts over. Requirements can also vary by visa category and by when the application is filed, so they should be checked in advance.
Source: SBS CNBC · 2017-05-23