ADVISORY FOR INDIAN PROFESSIONALS SEEKING EMPLOYMENT IN KOREA
1. The Comprehensive Economic partnership Agreement (CEPA) between India and the Republic of Korea came into force from 01 January 2010.
Article 8.3 covers the movement of professionals from either of the countries to the other for business and employment. Annexure 8A lists out 163 Professions from which professionals can seek employment in each other's country.
2. Indian professionals in any of the 163 professions listed in Annexure 8A of the CEPA agreement can now seek opportunities in ROK to undertake projects/contracts. Indian professionals in any of the 163 professions listed can access ROK services market as under:
a) Directly by the Korean company or Indian company based in ROK or
b) Applied for by the Indian professional to the Korean company or
c) Indian company based in ROK on the basis of advertisements given in the media by these companies.
3. In order to facilitate the process of hiring foreign professionals, ROK has launched a website named HUNET KOREA which is a Visa Nomination and Online visa application system for professionals. This also serves as a data bank for companies in ROK hiring professionals as also an outlet for professionals to put their CVs/Bio Data on the HUNET website for companies to pick up potential employees. As a first step, it will be prudent for interested professionals from India to register their names with HUNET KOREA as per the details mentioned in the HUNET KOREA website.
4. Since the subject is new, Indian Professionals seeking employment in ROK may have some queries and doubts. In response to certain queries raised by the Embassy of India, the ROK Government has explained their point of view in the FAQs listed below. These may serve as guidelines to Indian Professionals seeking employment opportunities in the Republic of Korea: -
1.Is there any advantage offered by CEPA to Indian professionals seeking employment in ROK over professionals from other countries not having such as agreement with ROK?
Among 163 types of professionals in Annex 8A of CEPA, “Assistant English Teachers for primary and secondly schools” is the type of professionals to which CEPA offers advantages for Indian professionals over professionals from other countries not having such as agreement with Korea. Professionals from other countries not having such as agreement with Korea are not eligible to apply for a visa (E-2) for “Assistant English Teachers for primary and secondly schools” unless English is the mother tongue of their countries.
2.In case an Indian Professional from the list of Professionals mentioned in Annex 8-A of CEPA wishes to advertise his talents for employment in ROK, is HUNET Korea (the online Visa APPLICATION Centre for Professionals hosted ob behalf of Korea Immigration Service) the only direct method of seeking information on companies in Korea offering jobs to Professionals?
There may be other methods of obtaining information on companies in Korea offering jobs to foreign professionals. However, HUNET Korea is the only online network which aims to directly connect foreign professionals seeking employment in Korea with companies in Korea offering jobs to foreign professionals and also facilitate visa procedures.
3.It is stated that Visa Nominators are recruited by Korean Embassies and Korea Business Centers in foreign countries. Do offices of KOTRA in these countries have the power to recruit Visa Nominators? What is the method by which Visa Nominators are recruited?
Overseas offices of KOTRA (which are called Korea Business Centres (KBCs) have the power to recruit Visa Nominators. Visa Nominators are appointed by the Ministry of Justice of Korea after recommended by Korean Embassies or KBCs. There are various ways for Korean Embassies or KBCs to RECRUIT Visa Nominators. They can take the initiative to contact prominent figures they think eligible for Visa Nominators or examine qualifications of the persons who contacted them.
4.Is there already a list of Visa Nominators recruited by Korean Embassy/Korea Business Centre in India? If no then by when can such a list of Visa Nominators from India be expected?
HUNET Korea began its operations on February 1, 2010. According to Ministry of Justice, there have been no Visa Nominators appointed since then, and around 10 applications have been submitted through HUNET Korea, but among them no applications from India.
5.As being done presently, Korean Companies may directly select Indian Professionals for employment from amongst the list of Professionals mentioned in Annex 8-A through their own employee hiring organizations, What is the procedure to be adopted for issue of employment visa by such Korean companies? How does it differ from the existing procedures adopted when a Korean company selects an Indian Professional for employment in Korea?
Regardless of whether Indian professionals fall under the categories mentioned in Annex 8-A, the same visa issuance procedures apply when Korean companies employ Indian professionals.
6.It is mentioned that Professionals who are seeking jobs in the ROK may become members of HUNET to post their CVs online, however, it is clarified that those people too are required to get recommendation of a Visa Nominator within 6 months of signing up online or else their membership will be withdrawn. Is there a possibility of this rule being relaxed for Indian Professionals under CEPA?
A 6 month is an enough period to get recommendation of a Visa Nominator. In addition, foreign professional whose membership was withdrawn because they didn't get recommendation of a Visa Nominator within 6 months of signing up, can apply for a membership again after 6 months from the withdrawal.
7.There are 16 major groups (professions) under which there are 35 minor groups (specific professions) from which persons seeking employment can be recommended by a Visa Nominator. Are all 163 professionals mentioned in Annex 8-A covered by these groups?
There are actually 12 major groups (professions) under which there are 35 minor groups (specific professions). Among 163 types of professionals listed in Annex-8, “Assistant English Teachers for primary and secondary schools' is not covered because this type of professionals is recruited through EPIK.
8.Can an Indian Company based in both Korea and India carry out Intra-company transfers in any different manner than what is given in the existing ROK Visa Rules?
Korea's visa rules related to Inter Company Transfer would be applicable to Indian professionals.