I also proceeded with E7 visa application with some hesitation, and now I would like to post about that case after approval
First, the client graduated with a bachelor's degree in business administration in the Philippines and had worked for about 13 months as an employee at the company that hired him with an E7 visa. In other words, it was a case of rehiring.
However, the work experience was not obtained with a legal residence status in Korea; it was obtained by working for about 11 months in Sri Lanka and about 2 months in Indonesia.
In other words, there was no previous work experience with a legal visa in Korea.
From a common-sense perspective, it doesn't matter whether the work experience certificate is issued by a foreign company or a domestic company, but it is appropriate for the previous employer to issue it. That is logical.
If the company that is hiring with an E7 visa issues a work experience certificate, there could be cases of issuing false work experience certificates, and other problems might arise.
However, let's think about it based on the fundamental principles of the E7 visa.
1.Since it is a job for professionals, priority is given to Korean employment protection, not only in Korea but also in any other country. Therefore, there is a standard that one foreigner is employed for every 5 Korean employees in specific occupations, including overseas salespeople.
However, even if the conditions for application are met due to the shortage of Korean employees, who do not even reach five, it is not easy to obtain permission unless there is a compelling reason beyond the basic principle. In other words, it is not easy to obtain permission unless there is a reason that can overturn the basic principle, such as "the necessity of employment and the inability to replace with domestic personnel."
2. If you have obtained a bachelor's degree from a foreign country, it must be in the same field as the one you want to work in at the company that is hiring you, and you must have relevant work experience for at least one year. There are no exceptions.
※ If you have obtained a master's degree from a foreign country, the work experience requirement is waived, but your major must match the field you want to work in.
Now, let's think about relevant work experience for one year.
It should be related to the field you are going to work in. And since you have worked overseas, there is no need to get a visa in Korea to work. Also, there are no specific regulations that the company hiring you must issue a work experience certificate.
※ However, in such cases, it is necessary to provide evidence to confirm whether you really worked, such as a corporate bank account transaction statement issued by a bank or a salary payment statement, which should include the date, amount, and the recipient of the salary, over several times
This case seems to have been discussed extensively with the responsible official.
There were two requests for supplementation in total, and I didn't just receive the supplementary documents, but I also prepared and submitted them sincerely, considering why they were requesting supplementation and what they wanted to confirm when entering and leaving the country.
The applicant was an overseas salesperson
For cases like overseas salespeople applying for an E7 visa, you must submit evidence that you can prove overseas sales, such as export-import records issued by trade associations or export declaration certificates.
However, in this case, the company hiring did not have export-import records.
Although it was a small and medium-sized enterprise, it had patented technology and was a company that exported patented technology to developing countries, so it was difficult to obtain export-import records.
I appealed to the responsible official about this, explaining that the company is not involved in exporting or importing goods but specializes in exporting patented technology. Since it's difficult to obtain export-import records or export declaration certificates due to the nature of the work, I proposed to provide MOU agreements or contracts signed with countries that have agreed to import our patented technology as an alternative. The responsible official agreed to this approach.
When submitting the supplementary documents, the responsible official asked me, "The applicant is from the Philippines, so why do the countries mentioned in the MOU agreements and contracts include Kazakhstan, Mongolia, Sri Lanka, Indonesia, and others?"
※ Usually, in the case of overseas sales representatives, smooth communication is a significant reason for hiring, which is why individuals from the countries where export or import activities are conducted often become the applicants.
I responded, "As you mentioned, if we follow your suggestion, we would need to hire foreign employees from all these countries, which is challenging due to the company's requirements. We are not exporting to a single country but to developing countries, which require us to present and communicate in English."
Then the responsible official asked, 'As you know, E7 visas prioritize Korean employment protection. If you just hire someone because they speak English well, there are many Koreans who speak English well, and you can hire a Korean who speaks English well, right? Do you really need to hire a foreigner? It seems difficult to prove the necessity of employment.'
I explained again. Speaking English is the basic requirement for a company that exports. However, being good at English and being good at presenting in English are different. Understanding the patented technology is the most important, and a high level of understanding of the overseas market is also required. ... I tried to hire a Korean employee who speaks English well several times, but there were many problems due to the technical issues mentioned above, and the position has been vacant until now, and so on.'
Then I asked for documents that could prove it as a supplementary document.
Of course, I submitted an employment reason when I applied, but I received a request for supplementation again because I needed to prove the necessity of employment and the inability to replace it with domestic personnel, which is not clearly specified. So I thought about what kind of document to submit as a supplementary document...
I pondered what specific documents they were requesting as supplementary documents....
'I guess the work experience certificate is not a common case, so they don't want to give permission.'
I thought to myself, and in the end, I summarized the proposals, presentation materials, and job performance (Performance) at that time, which the applicant had written when he signed contracts with local governments in Sri Lanka and Indonesia, and photos taken while marketing at that time.
And in the end, I confirmed that it was approved yesterday.
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