Undocumented worker got award in korea

Immigration authorities said Tuesday that they are likely to cancel a 10 million won ($8,860) fine on a Sri Lankan man, 38, imposed for overstaying here illegally. The man who goes by his first name Nimal sustained multiple burn injuries after he entered a burning house to save a 90-year-old woman. He is the first illegal alien to have won a government-recognized award for such a “righteous act.”

According to an official at the Korea Immigration Service’s Daegu office, the man whose full name is Katabilla Ketiye Ge-Dara Nimal Siri, is likely to be granted leniency. His work visa expired last September.

“We asked Nimal and his legal representative to come to our office on Wednesday with the necessary documents ready,” an official said.

“We will convene a meeting to positively consider canceling the fine after reviewing his past,” she added.

This comes a day after the Ministry of Health and Welfare gave Nimal an award recognizing his courageous act in accordance with the Protection of Persons Killed or Wounded for a Righteous Cause Act.

Nimal was selected by a 15-member committee comprised of officials from the health and welfare, veterans’ affairs and justice ministries, as well as lawyers and doctors.

The members unanimously agreed that Nimal should be given the award regardless of his current legal status. He was also given 10,450,000 won.

The former worker at a factory in Gunwi, North Gyeongsang Province, sustained second degree burns to his neck, wrists and head after he went into the house to save the woman, Feb. 10.

He was working on a nearby farm at the time, and saw the house on fire. He immediately ran to it and rescued the woman.

Nimal came to Korea in September 2013 on a work visa, and earned up to 1.8 million won a month, 80 percent of which was sent back to his parents in his home country.

After his visa expired, he decided not to go back to his country where he could only earn the equivalent of about 500,000 won a month.

Nimal paid for his hospital treatment using a 30 million won award given by a welfare foundation operated by LG Group.

Nimal is awaiting a G-1 visa issued to foreigners who require hospital treatment until they are fully recovered.   

“It is true that many illegal aliens refrain from reporting criminal activities or getting involved in situations that would reveal their status. I hope this case will encourage them to actively help those in danger, regardless of their legal status,” he said.

Kim Do-hyen, his legal representative, said he is grateful for the government’s decision.
 

How to Change E-9 to F-2-6 Visa

How to Change E-9 to F-2-6 Visa

Permission for Visa Status Change of Foreign-Skilled Workers

A. Basis: F-2 Residence status management guideline for foreign skilled-workers

–  Ministry of Justice Order #946

  

B. Eligible applicants for visa status change

A person who meets all requirements below

① You want to engage in employment on an E-9 Non-professional․E-10 Maritime Crew or H-2 Work and Visit visa at the time of application.

② You have been engaged in employment in manufacturing, construction, agriculture or fishery for at least 4 years on a D-3 Industrial Trainee, E-8 Trainee Employment, E-9 Non-professional, E-10 Maritime Crew (including ‘coastwise crew’ status) or H-2 Work and Visit in the past 10 years.

《How to Calculate the Total Period of Employment (4 years)》
① Past employment period through a D-4 General Trainee, E-9 Non-Professional, Maritime Crew (E-10, including ‘coastwise crew’ status) are combined to calculate to the total period of employment.
② Also, if you have re-entered the RoK in a month from the initial departure, the period will be considered as an employment period as well.

C. Requirements

An eligible applicant from above who meets all the following conditions:

① You have acquired techniques or skills circumscribed by the Special Table 1 through a test administered by the Human Resources Development Service of Korea (hereinafter referred to as ‘techniques․skills conditions’) OR the average annual wage income for the
past 2 years is equal or higher than the total amount of wage (the total wage amount for 12 months) (hereinafter referred to as ‘wage conditions’).

※ Total Salary = monthly pay (base wage+overtime wage)+{special wage from last year (bonus+performance based incentives)/12}
※ Please see media releases on ‘Employment Conditions for Each Type of Employment’ announced by the Ministry of Employment Labor regarding ‘Wage conditions‘ (Ministry of Employment and Labor, Please go to http://laborstat.molab.go.kr for checking)
※ Those who apply for the change of status to F-2 Residence through wage conditions must be engaged in the same industrial field for at least 3 years out of the total employment period

② You must be able to support yourself and your dependents financially. for example, you must have financial assets worth at least 20 million won.

③ You are considered an adult under the Korean Civil Law.

④ You have scored the level 3 of the Korean Language Aptitude Test administered by the National Institute for International Education, or you have passed the Level 4 “Korean Language and Culture” course or higher level course of the Korea Immigration Integration Program prescribed by Article 48 of the Enforcement Decree of the Korean Immigration Control Act. the Nevertheless, this does not apply to those who have been educated at a high school as set forth in the「Elementary․Secondary Education Act」 or the 「Higher Education Act」or a university (industry college․education university․community college or Korea National Open University) OR to those who have industrial engineer licenses as set forth in Paragraph.

   

D. Required Documents

① Visa application form(enclosed form #34), passport and alien registration card, fees

② Documents proving you have maintained at least 20 million KRW in your bank account for the past year. Documents proving your financial ability or your family member’s financial ability to support the family such as a certified copy of real estate register․a photocopy of real estate lease contract or other documents equivalent to that recognized by the Minister of Justice. All documents must verify that you have at least 20 million KRW worth of assets.

③ Documents proving your past employment history such as a proof of employment, career certificate and etc. However, if an immigration officer can check your career history through the immigration information system, then you will be exempt from submitting these documents.

④ Documents proving your future employment engagement in fields where you were previously employed such as a certificate of prospective employment, standard employment contract

⑤ Documents proving the respective qualifications as set forth in the【Special Table 1】(limited to those fall under Article 3(2) ‘Techniques․Skills Conditions’)

⑥ Documents proving that you are earning incomes (such as a Receipt for Earned Income Tax Withholding) [for an eligible person under ‘Salary Requirements’ in accordance with paragraph 1, Article 3(2) only)

⑦ A transcript(report card) of the Korean Language Test or a certificate proving the completion of the Korea Immigration Integration Program, however, if you are qualified for conditions in accordance with paragraph 4, Article 3(2), you should submit documents which prove that you have completed at least 2 years of education or graduated in the RoK.

E. Range of Employment

If you are a foreign skilled worker in a production line and have obtained F-2 residence status, you are NOT allowed to work in fields where you were previously employed.

F. Cancellation of F-2 Residential Status

If you meet any of the conditions below after changing your status to F-2 residence as a foreign skilled worker, your status can be cancelled.

1. You have been decided to deport.

2. You have obtained a permission of change of status through unlawful or dishonest means.

Source: SOJOURN GUIDE FOR FOREIGNERS

If an EPS worker meets the requirements, prepare the documents and make an appointment with the Immigration Office. Complete the application for the “Change of Sojourn”.

Call 1345 for your Immigration inquiries.

How to Change E-9 to E-7 Visa?

  Change of Status to Foreign National of Special Ability (E-7) for a skilled technician who has been legally engaged in manufacturing and others for 4 years or longer as a Non-professional Employment(E-9) or other visa holder, satisfying the qualifications such as age, educational background, certificates, and wage requirements.

A. Qualifications (All the requirements below must be satisfied.)

① A person with a Non-professional(E-9)․Maritime Crew(E-10)․Work and Visit(H-2) visa who has been engaged in Manufacturing, Construction, Agriculture, Cattle farming and Fishing for 4 years or longer in the past 10 years as a E-9, E-10, or H-2 visa holder.

② A person younger than 35 years old and with an associate degree(2 year college diploma) or higher (A person younger than 40 years old with high school diploma or higher, if engaged in the root industry of Article 2 of the Root Industry Promotion Act) who has Technician’s or higher license related to the fields or whose wage for the last 1 year has been higher than the average amount for the field*

* The license types are the same as 48 items in 15 fields of the F-2 requirements. The average wages for the fields are based on ‘Wages by occupation’ of ‘Survey on working status by employment type’ announced by the Ministry of Employment and Labor.

③ A person who has the at least level 3 command of Korean (at least level 2, if engaged in the root industry of Article 2 of the Root Industry Promotion Act) or completed KIIP(Korea Immigration & Integration Program)

* Your command of Korean is checked by Test of Proficiency in Korean(S-TOPIK) by National Institute for International Education. Your completion of KIIP can be confirmed by a certificate of KIIP from the Head of the Immigration Office.

B. Businesses and the number of employees allowed

Given the domestic employment situation, only Manufacturing · Construction · Agriculture, cattle farming and fishing industries are allowed for the employment and maximum 5 people can be hired per company. (5 for Manufacturing · Construction, 3 for Agriculture, cattle farming and fishing)

  * A set number for the employment has to be within 10% of the permitted number of employee for each industry/business under the current employment licence system.

* The maximum number of full-time laborer in agriculture, cattle farming, and fishing industries is calculated base on the number of farming workers registered in the Certificate of Farm Size or the number of workers listed on the Members of Employment Insurance including legitimate immigrant workers)

C. Required Documents

① an application form(Report Form, No.34), passport and Alien Registration Card, one standardized photo, fee

② a certificate of degree (a high school diploma in the case of working in the root industry of Article 2 of the Root Industry Promotion Act)*, a certificate of employment, a technical qualification certificate or any documents showing income in the past year, a report card of TOPIK or a certificate of KIIP, an employment contract and others

③ a document of corporation registration such as a copy of business license (if a company is changed)

* It has to be confirmed by the Apostille convention or the consul of Korean diplomatic missions abroad.

Source: “Sojourn Guide for Foreigners”, p. 148. Please call 1345 (Immigration Hotline) for questions and clarifications.