Ministry of Justice, Republic of Korea

Foreigners staying in Korea are required to engage only in activities permitted by the Korean Immigration Law(refer to Chapter 1-3-C, article 17-1, e.g., a foreigner with a C-3 visa is not allowed to do business or remuneration activity such as teaching English, part-time jobs,etc).

A foreigner staying in the Republic of Korea shall not engage in political activities(article 17-2). In case he/she is engaged in political activities, the Minister of Justice may order in writing to suspend such activities or take other necessary measures.(article 17-3)

illion won(worth of US $10,000).(article 13-2)

♣ Question and Answer

ㅇ There are some restrictions against activities for business or other activities permitted with a visa such as C-4, series D and E, H-1, etc,.

When an English teacher who is permitted to work only for a certain institute has a part-time job in a different place without getting permission from the chief of a district office, the Minister of Justice may order in writing to suspend such activities or take other necessary measures.

The following procedures are required for foreigners to undertake related to their sojourn :
° Permission to engage in an activity other than permitted by the status
° Permission to change or add working place
° ·Permission to change status of sojourn
° Permission to extend period of stay
° Permission to acquire status of sojourn
° Re-entry permission
° Registration and other procedures

B. Application

(1) Applicants and procedures

Generally, applications must be made in person. However, if that is impossible due to young age(under 17), disease, or other physical impediments, applications can be made in proxy.

① In the case of permission to engage in an activity other than that permitted by the status of sojourn previously granted, the president or the staff of the company or others affiliated to where the person belongs to can be a proxy.
② In the case of permission to change or add working places, the president or staff of the company or others affiliated to where the person wants to can be a proxy.
③ In the case of permission to acquire a status of sojourn, permission to change status of sojourn, permission to extend period of stay, re-entry permission, change of alien registration card or receipt of alien registration card, the applicant's spouse, father, mother, any person who is taking care of the applicant, brothers/sisters, guarantors or the president or staff of the company or other entity can be a proxy.

(2) Application places

Any foreigner who desires to make an application relating to his/her stay in Korea shall appear in person at an immigration or branch office having jurisdiction over the place of stay(refer to Annex 1, excluding Kimpo and Kimhae immigration office).

However, among branch offices, only Ujongbu, Ulsan and Donghae branch offices can provide all services of the above procedures. The services which other branch offices (excluding Osan branch office) handle are as follows:

- Permission to extend period of stay which is a short term visa for no longer than 90 days - Permission to extend period of stay for a departure within 10 days (Enforcement regulation article 32)
- Permission to change status of sojourn, permission to acquire a status of sojourn and re-entry permission for the SOFA-related foreigners who entered Korea for the purpose of transit, sightseeing or short-term visit
- Permission to extend period of stay and re-entry permission for those who have alien registration cards.(In the case of multi re-entry permission, there are some limits).
- Permission to acquire status of sojourn for those who fall under the category of F-2 status

※ Services which the Osan branch office handle are as follows:.

- Permission to extend period of stay for the holder of a short term visa within the period of 90 days.
- Permission to extend period of stay for a departure within 10 days (Enforcement regulation, article 32)
- Permission to change a status of sojourn, permission to acquire status of sojourn and re-entry permission for the SOFA-related foreigners who entered Korea for the purpose of transit, sightseeing or short-term visit.
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(3) Required Documents

Required documents for the procedure of sojourn are as follows:

ㅇ Passport, application form, materials indicating the reasons for making the application and alien registration card

* In the case of reference, a notarial act which is officially endorsed by a notary is required and if there are no specific restrictions, the president of the entity, which a person belongs to, can be guarantor without asking for capability of guarantee.

ㅇ There is no need to present documents already submitted.
ㅇ In the case of more than one foreigner who have the same status of sojourn and belong to the same entity, commonly required materials can be covered by those presented from one of them.
ㅇ In the case of a foreign language teacher employed by the Minister of Education, an pplication form, a contract and a certificate of eligibility in teaching English (issued by the president of Korea National University of Education) are all required to be submitted.

C. Acceptance of an Application

An application is accepted after an official has checked to ascertain that all necessary entries have been properly made in application forms and all required documents submitted. An official may, if necessary, inquire of the applicant the purpose of his/her application, his/her activities and situation in Korea, etc. and may ask him/her for additional documents and/or data.

Usually, a number of days are required for an application to be approved or rejected. When it takes some days, an application acceptance slip is given to him/her at the time of acceptance. The application number shown on the slip is to be referred to when making an inquiry to the immigration office, etc. concerning the application.

D. Approval of an Application

When an application has been approved, the applicant is notified in writing (or by phone). Upon receipt of such notification, the applicant should appear at the immigration office, etc. on the designated date, with the documents listed on the notification.

E. Payment of Fee

(1) An Amount of Fee

On receiving permission, generally, the applicant should pay the fee as listed below by revenue stamp.(Enforcement regulation article 72)

ㅇ Permission to engage in activities other than permitted by the status 60,000 won
ㅇ Permission to change or add working places 60,000 won
ㅇ Permission to acquire status of sojourn 40,000 won (provided F-2) : 20,000 won
ㅇ Permission to change status of sojourn 50,000 won
ㅇ Permission to extend period of stay 30,000 won
ㅇ Single re-entry permit 30,000 won
ㅇ Multiple re-entry permit 50,000 won
ㅇ Permission to extend period of re-entry permit equivalent to U.S$ 20
ㅇ Issuance or re-issuance of alien registration card 10,000 won
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(2) The Standard of Fee Payment

ㅇ Permission to extend period of stay, permission to change status of sojourn, permission to acquire status of sojourn, or re-entry permit

For every permission, a fee should be paid according to the number of the alien registration card, passport, landing permission or re-entry permission for a person who has an alien registration card and who stays with a short-term visa.

However, in the case of Japanese, the fee is imposed according to the number of persons registered in the presented passport, re-entry permit or an alien registration card.

ㅇ Alien Registration The fee is imposed according to the number of issued alien registration cards.

(3) The Exemption of Fee Payment

Cases listed below are exempted from the payment of fee.
(Enforcement regulation article 74).

ㅇ The holder of a diplomatic or official passport
ㅇ The holder of a general passport, who presents documents proving official visit
ㅇ Argentines under 14 years old
ㅇ English people (Exceptionally, the fee for the issuance of an alien registration card, permission to engage in activities other than permitted by the status and permission to change or add working places should be paid)
ㅇ Canadians who have the following status of sojourn:

The fee for the permission to change status of sojourn, permission to extend period of stay and the issuance of an alien registration card is exempted to Canadians who intend to stay no longer than 6 months with a D-1(culture), D-6(religious workers), F-1(visiting and joining families), F-3(dependent families), or G-1(other) status of sojourn.

ㅇ Foreigners whose country has made a visa fee exemption agreement with Korea
ㅇ Permission to change or add working places to the status of a D-1(culture), D-2(student), D-4(general trainee) or D-6(religious worker) visas, which are not involved in an activity of remuneration.

♣ Question & Answer

ㅇ Yes, you can. You can file an Administrative Adjudgment to the Minister of Justice or the chief of a district immigration office in written form within 90 days from the day you receive the notification of disapproval(Administrative Adjudgment Law).
ㅇ You can also make an appeal of dissatisfaction to an Administrative Court which has jurisdiction over your place against a decision from Administrative Adjudgment within 90 days from the day you receive the notification(Administrative Litigation Law).

※ For measures of relief against administrative decisions, we have administrative adjudgment, administrative litigation and an objection to the disapproval in law. In immigration law, we have an objection to the disapproval against detention of foreigners, deportation of foreigners and recognition of refugees. However, in the case of recognition of refugees, you cannot make an appeal of dissatisfaction to an administrative court against a decision from administrative adjudgment.

ㅇ The first day of your arrival is not involved in the calculation of the period of stay.
ㅇ For example, in case you enter Korea on April 1 with a period of a 90 day visa, the expiration date of your visa is June 30. And if you have a 1 year visa, your visa will be expired on April 1 of the following year.

When a foreigner desires to engage in activities other than permitted under his/her present status of sojourn, he/she must apply for and obtain permission to do so in advance(article 20). For example, this permission is required when a missionary desires to teach English at a private language institute.

This permission is allowed to the extent of not hampering the current activities. Therefore, if a foreigner wishes to cease his/her original activity and to concentrate on a new activity which falls outside those permitted by his/her status of sojourn, it is necessary to apply for and obtain a change of status of sojourn.

(2) Required Documents and Application Places

For the permission, an applicant should visit in person a district or branch office (Ujongbu, Ulsan Donghae) which has jurisdiction over his/her place of registration with the following documents. (for proxy : refer to Chapter 4-2-B : application)

ㅇ Passport, Alien registration card
ㅇ Application form(refer to Annex 12)
ㅇ Materials indicating in concrete terms the nature of the activity to be engaged in (e.g.,
   copy of employment contract, brochure describing the business of the employer, etc.,
   refer to Annex 13)
ㅇ Fee (60,000 won)

The standards of this permission are as follows:

ㅇ The current job and the forthcoming job should not be under the same status of sojourn.
ㅇ The working hours and salaries of new activities should be shorter and smaller than those of current activities.
ㅇ The applicant with the status of B-1(visa waiver), B-2(tourist/transit), C-1(temporary news coverage), C-2(short-term business), C-3(short-term visitor) or C-4(short-term employment) is not allowed to apply for this permission.
ㅇ The applicant with the status of D-2(student), D-3(industrial trainee), or D-4(general trainee) has some restraints in applying for this permission.
ㅇ This permission is allowed for family members of foreign officials stationed in Korea only by a recommendation from the Minister of Foreign Affairs and Trade in accordance with a reciprocal agreement.

※ Countries which have a reciprocal agreement with Korea

U.S.A, Canada, Germany, England, Japan, Libya, France, Sweden, czech, Poland, Russia, Netherlands, Australia, Sri-Lanka, Belgium, Hungary, New Zealand, Denmark, Norway, Israel (20 countries, as of Dec 1999)

ㅇ Some activities replaceable by Korean are not allowed this permission.
ㅇ If he/she is found to be engaged in any other activities and his/her activity is found to be contrary to the interest of Korea, he/she may be subject to severe punishment and deportation.
ㅇ The holder of F-1(visiting and joining families) or F-3(dependent families) status doesn't have to get additional permission for an education or language course below a high school level educational institute.
ㅇ Foreigners staying in Korea don't have to get additional permission for learning of Korean traditional culture, Korean traditional arts or language courses in language institutes attached to a University.
ㅇ The maximum extension period is less than 1 year.

♠ Attentions

ㅇ If his/her desiring activity is to be the main activity rather than the original activity, he/she must get a new visa or permission to change their status of sojourn.
ㅇ In case the current employer doesn't agree with the applicant's new activity, this permission is not allowed.

(4) Issuance of Permit

If the application is approved, a permission stamp will be affixed to the applicant's passport and details will be written on the other side of the alien registration card.

In case the applicant does not possess a passport or alien registration card, a certificate of permission will be issued.

♠ Attentions

Anyone engaging in an activity other than permitted by his/her status of sojourn without obtaining this permission, may be subject to punishment.

Anyone who knowingly employs such a person may be punished on charge of the violation of immigration law.

B. Permission to Change or Add Working Places (article 21)

(1) The Object of Permission

When a foreigner desires to change or add working places under their present status of sojourn, he/she must apply for and obtain permission to do so in advance(article 21-1). For example, this permission is required when an English teacher wishes to teach English at a different language institute from the one originally designated, or desires to teach English not only at a language institute originally designated but also at a
different language institute under the same status of sojourn.

The objects of this permission are as follows:

① Status of work activity : C-4(short-term employment), E-1(professor), E-7(other particular occupations), H-1(working holidays)
② Status which applies correspondingly to work activity: D-3(industrial trainees), D-5(residence reporters), D-7(intra-company transferees), D-8(treaty investors)
③ Persons who change their organization, school or training place: D-2(students), D-4(general trainees), D-6(religious workers)

♠ Attentions

When a foreigner is transferred to another working place following the directions of an employer, the employer should report that fact to the immigration office which has jurisdiction over the foreigner's new working place within 15 days. In this case, a foreigner does not have to get a permission to change or add working places.

These following 2 conditions should be met!
- same employer
- same activity

(2) Required Documents and Application Places

For permission to change or add working places, an applicant should visit in person a district or branch office (Ujongbu, Ulsan, Donghae) which has jurisdiction over the place of sojourn with the following documents.

ㅇ Passport and Alien registration card
ㅇ Application form(refer to Annex 14)
ㅇ Materials indicating in concrete terms the nature of the activity to be engaged in (e.g., copy of employment contract, brochure describing the business of the employer, etc., refer to Annex 14)
- A personal reference should be presented by a new employer.
ㅇ Fee (60,000 won)

(3) Standard of Permission

The standards of this permission are as follows:

ㅇ When the contents of activities of changing or adding working places are different from the original one's, this permission is not allowed.
ㅇ An application will not be approved if his/her continuous stay in Korea is found to be improper to the interest of Korea. (e.g.,: frequent change of working places under the same status of sojourn)
ㅇ There will be some restrictions if the working hours or salary of the new working place is longer or more than those of the original.
ㅇ In the case of a foreign language teacher, it is not allowed, in principle, to add working places to other employer's language institute.
ㅇ It is prohibited to add more than 2 working places. (excluding : D-8(treaty investor) visa status)

(4) Issuance of Permit

If the application is approved, a permission stamp will be affixed to the applicant's passport and details will be written on the other side of the alien registration card.

(Stamp)

C. Permission to Acquire Status of Sojourn

(1) The Object of Permission

A foreigner who is to stay in Korea without getting through the immigration procedures (e. g., in the case of birth in Korea, renouncement or loss of Korean nationality) is required to apply for the acquisition of status of sojourn within 30 days of the occurrence of the cause, unless he/she leaves Korea within the said days(article 21).

In case of application by birth, an application should be made by the father or mother, person who is taking care of him/her or any person who is actually living with the applicant.

(2) Required Documents and Application Places

For permission to acquire status of sojourn, applicants should visit in person a district or branch office(Ujongbu, Ulsan and Donghae / provided applicants within the purview of the SOFA can apply to any branch office.) which has jurisdiction over his/her place of registration with the following documents.

ㅇ Passport (possible to present later)
ㅇ Application form(refer to Annex 15)
ㅇ Materials indicating in concrete terms the nature of the activity to be engaged in (e.g., copy of employment contract, brochure describing the business of the employer, etc) (refer to Annex 15)
ㅇ Fee (40,000 won, provided F-2: 20,000 won)

(3) Standard of Permission

The standards of this permission are as follows:

ㅇ Children under 20 years of age whose parents have F-2(residence) status are to be issued F-2 status.
ㅇ According to the purposes of stay, the status of A-3(agreement), C-3(short-term visitors), F-1(visiting and joining families) or G-1(others) visas are granted to retiring U.S soldiers who has completed their military service in Korea.
ㅇ When a wife or an adopted child of the holder of an F-2(residence) status gets a citizenship of the country of origin and renounces his/her Korean nationality, he/she will be granted F-1(visiting and joining families) status for 1 year.

♠ Attentions

ㅇ When a foreigner born in Korea did not receive a passport due to non-existence of his/her diplomatic and consular offices in Korea or for other special reasons, he/she is allowed to present a passport later in submitting an application form for the permission to acquire a status of sojourn.

ㅇ In case a Korean woman marries a residing Taiwanese, she loses her Korean nationality according to the Korean Nationality Act. She shall present a certificate of acquiring Taiwanese nationality (issued by Taiwanese representatives stationed in Korea, The term of validity : 6 months) and a certificate of renunciation of Korean nationality first and present a certificate of acquiring Taiwanese nationality later. (issued by the Taiwanese Government)

ㅇ When the subject of this permission leaves Korea within 30 days after the occurrence of the cause, there is no need to apply for this permission.

(4) Issuance of Permit

If the application is approved, a permission stamp will be affixed in the applicant's passport.

D. Permission to Change Status of Sojourn

When a foreigner desires to cease his/her present activity and concentrate on an altogether new activity which falls outside those permitted by his/her status of sojourn, he/she should apply for and obtain this permission(article 24-1).

A foreigner may apply for changing his/her status of sojourn. For instance, the holder of a temporary visitor status, who gets married to a Korean national and wishes to remain in Korea, or a student who hopes to be employed in Korea after completion of his/her studies, and others can file an application for the change of status.

In the case of a foreigner who had A-1(diplomats), A-2(official duty) or A-3(agreement) status, when he/she completed his/her original activity and wants to commence a new activity (such as travelling, visit, business, etc,.) he/she should apply for a new status with in 30 days of the occurrence of the cause(article 24-2).

(2) Required Documents and Application Places

For this permission, the applicant should visit in person a district or branch office (Ujongbu, Ulsan, Donghae) which has jurisdiction over his/her place of registration with the following documents.

ㅇ Passport
ㅇ Alien registration card(the holder)
ㅇ Application form (refer to Annex 12)
ㅇ Materials indicating in concrete terms the nature of the activity to be engaged in (e.g., copy of employment contract, brochure describing the business of the employer, etc.,refer to Annex 15)
ㅇ Fee (50,000 won)

The standards of this permission are as follows:

ㅇ Substantially, the holder of B-1(visa waiver), B-2(tourist/transit) or short-term period of visa(less than 90 days) are not allowed to change their status of sojourn. Exceptionally, few cases which have unavoidable reasons are permitted to change status of sojourn through strict examination.
ㅇ A foreign female who married a Korean man and has stayed over 2 years in Korea is permitted to change status of sojourn to F-2(residence).
ㅇ When a Korean-foreigner who is over 60 years of age, a pensioner of another country, has stayed over 1 year with the status of F-1 in Korea and wants to reside in Korea without changing his/her nationality, he/she is permitted to change status of sojourn to F-2(residence).

※ In this case, the period of stay outside is counted as a period of stay in Korea. For example, if a Korean-foreigner visited other countries with a re-entry permit during his/her stay in Korea, that period is excluded. Especially, if a Korean-foreigner did not renounce his/her Korean nationality, he/she should apply for this after his/her renunciation of Korean nationality.

ㅇ The holder of A-3(agreement) status for Taiwanese representatives is permitted to a change status of sojourn to F-2(residence) if he/she desires.
ㅇ When the holder of D-6(religious workers) status who is over 50 years of age, has stayed more than 18 years and hopes to continue his/her activities, he/she is permitted to change his/her current status of sojourn to F-2(residence).
ㅇ In the case of a foreigner who once had Korean nationality and gets married to a foreigner who has a F-2(residence) status, or a foreigner who has F-1(visiting and joining families) status because of adoption by a Korean and has stayed in Korea over 1 year, he/she is allowed to change his/her status to F-2(residence) status.
ㅇ Special cases for Taiwanese with a permanent status of sojourn

▶ A Taiwanese holder of the F-1(visiting and joining families) status with the following unavoidable reasons are permitted to change their status to F-2(residence) status.
- An adopted foreigner by Taiwanese residing in Korea, who had stayed in Korea more than 3 years with F-1(visiting and joining families) status and was under 20 years of age at that time..
- A Taiwanese baby who was born abroad during its parents' re-entry permission period
- A Taiwanese over-stayer with F-1(visiting and joining families) status who was originally the subject of F-2(residence) status, however, neglected to file for F-2(residence) status due to ignorance or poverty.
- A Taiwanese who left Korea when he/she was under 2 years of age accompanying his/her grand-parents or relatives without re-entry permission, however, whose parents are still residing in Korea.
- A Taiwanese under 20 years of age who had left Korea accompanying his/her father or mother due to his/her parents' divorce, however, returned to Korea for the need of fostering from one of his/her parents residing in Korea.
- A Taiwanese who had a permanent status of sojourn before, but lost his status of sojourn due to an unavoidable reason, and has now stayed in Korea more than 3 years with F-1(visiting and joining families) status.

※ Here, an unavoidable reason means a person who:

① was born in Korea and had lived in Korea until he/she left Korea for study abroad, job or other reasons,
② but, could not return to Korea before the end of the period of re-entry permission which resulted in a loss of F-2 status,
③ visited Korea with F-1(visiting and joining families) status,
④ and due to the restrictions of F-1(visiting and joining families), has difficulty in applying for a job or an extension of period of stay in Korea.

- A Taiwanese who is understood by an immigration officer as a person who has no
choice but to live with a spouse or his/her family members residing in Korea.

ㅇ A natural scientist or a researcher in the field of high technical industry who is scheduled to engage in the following entities is permitted to change his/her current status of sojourn to E-3(research) status.
- A scientist who works for a research institution which has applied to the Support of Specific Research Institutions Act, or other Special Acts.
- A scientist who does research in a research institution which is applied to the Act on Special Measures for Defense Industry.
ㅇ When a Korean-Russian over 60 years of age who has stayed in Korea over 2 years desires to stay in Korea for a long term period, he/she is permitted to change his/her status of sojourn to F-2(residence) status.
ㅇ In the case of the holder of D-3(industrial trainees) status, he/she is permitted to change his/her status of sojourn to G-1(other) status only for the process of litigation.
ㅇ In the case of a Korean-Chinese who visited relatives in Korea, he/she is permitted to change his/her status of sojourn to F-1(visiting and joining families) with a 1 year period of stay.

If the application is approved, a permission stamp will be affixed in the applicant's passport and details will be written on the other side of the certificate of alien residence.

○ The holder of D-3(industrial trainess)status is permitted to change a status of sojourn only to E-8(industrial trainess employment) status. Therefore, for your marriage and stay with your wife, you are recommended to leace the country first, then apply to the Korean consulate abroad for F-1 visa (status of sojourn: Visiting and Joining Families) by presenting substantiating documents first.

E. Permission to Extend Period of Stay

If a foreigner desires to remain in Korea under the same status of sojourn beyond his/her authorized period of stay, it is necessary for him/her to apply for and obtain an extension of period of stay (article 25). A foreigner who wishes to extend his/her period of stay should make an application for an extension of period of stay no later than the expiration date of the authorized period of stay. An application for extension of period of stay will be accepted from about one month prior to that date. Exceptionally, when an applicant goes abroad
on business, he/she can apply for it earlier than one month prior to that date by presenting materials indicating the reasons.

(2) Required Documents and Application Places

For this permission, an applicant should visit in person a district or branch office (Ujongbu, Ulsan, Donghae) which has jurisdiction over his/her place of registration with the following documents.

ㅇ Passport
ㅇ Alien registration card(the holder)
ㅇ Application form (refer to Annex 17)
ㅇ Statement of reasons for making an application (refer to Annex 17)
- When a responsible person for a foreigner under 17 years of age applies for that permission, it is not required to submit a reference.
ㅇ Fee (30,000 won, provided F-2: 20,000 won)

(3) Standard of Permission

The standards of permission to extend period of stay are as follows:

ㅇ The holder of C-1(temporary news coverage) or C-4(short-term employment) status of sojourn is permitted to extend his/her period of stay only less than 90 days from the date of arrival in Korea
ㅇ An application will not be approved if his/her continuous stay in Korea is found to be improper to the interests of Korea. (e.g, frequent change of working places under the same status of sojourn)
ㅇ In the case of a naturalized foreigner into Korean citizen, a person who recovered Korean citizenship or a female foreigner who married a Korean man, it is permitted to extend their period of stay until he/she renounces his/her original nationality
ㅇ Substantially, a person who was once permitted to extend his/her period of stay for departure or a person who received a previous notice of departure in his/her passport when he/she was permitted to acquire or change status of sojourn is not permitted to extend their period of stay or change their status of sojourn.

ㅇ The one-time extension period of stay is mentioned in Chapter 1-3-C.
ㅇ The extension period of stay for the holder of F-3(dependent families) status is the same as the dependant's.

(4) Issuance of permit

If the application is approved, a permission stamp will be affixed to the applicant's
passport and details will be written in it.

A "CANCELLED" stamp will be affixed over the former visa or re-entry permission.

♣ Question and Answer

ㅇ Yes, it is :

① If you need less than a 10 day medical treatment, please file for an extension of period of stay for departure to a district or branch office.
② If you need for longer than a 10 day medical treatment, please file for the permission to change your status of sojourn to G-1(other) to the district or branch office.
③ When you apply for permission to extend your period of stay, you should present an application form, passport, a confirmed ticket and materials indicating statement o reasons for making an application.

♣ Information (Extension period of stay for departure)

When a foreigner can not leave Korea within the period of stay granted because of unsecured transportation or other unavoidable reasons, if he/she files for an extension of stay for departure to the applicable immigration office with an application form, passport, a confirmed ticket and materials indicating statement of reasons for making an application, he/she can get a 10 day extension without any fee payment.

A registered foreigner who wishes to leave Korea temporarily and re-enter within the authorized period of stay may apply an immigration office for a re-entry permit before his/her leaving Korea instead of obtaining a new visa from a Korean embassy or consulate abroad. While a re-entry permit is, in general, valid only once, multiple re-entry permit may be given to a person who needs to make trips outside Korea frequently.

A foreigner whose country subject to exemption from re-entry permit according to mutual agreement does not have to get a re-entry permit.

※ The holder of a multiple visa does not have to get a re-entry permit when he/she re-enters within the valid date of a visa.

※ When an overseas Korean resident reports his/her stay to the immigration office, he/she does not have to get a re-entry permit for temporary travel during his/her stay in Korea.

B. Kinds and period of re-entry permit

There are single and multi re-entry permit(article 30-2).

The period of a re-entry permit is limited to the expiration date of stay and the maximum term is one year for single re-entry permit

Exception: two years for the holder of F-2(residence) status for the purpose of study abroad or employment〕. A maximum term for a multi re-entry permit is two years.

C. Required Documents and Application Places

For re-entry permit, applicants should visit in person a district or branch office (Ujongbu, Ulsan, Donghae) which has jurisdiction over his/her place of registration with the following documents. Also, the applicant can apply the immigration office for this permission on the date of departure at international airport or port. (only for single re-entry permit. exception : D-8 multi re-entry permit is possible)

Required documents for re-entry permit are as follows:

ㅇ Passport
ㅇ Alien registration card(the holder)
ㅇ Application form (refer to Annex 20)
ㅇ Fee (30,000 won for single re-entry permit, 50,000won for multi re-entry permit)

* In addition to the above
- The holder of A-1(diplomats), A-2(official duty), A-3(agreement) status is required to present a certificate of employment.
- The holder of D-3(industrial trainees) status needs to get an approval or recommendation from his/her employer.

If the application is approved, a re-entry permit stamp will be affixed in the applicant's passport and details will be written in it or a certificate of re-entry permit will be issued.

When a foreigner who has left Korea with a re-entry permit has justifiable reasons for being unable to re-enter within the valid term of the permit, he/she may be granted an extension of validity from a Korean embassy or consulate abroad(article 30-2, 3).

Of course, it is not permitted to extend the validity beyond the authorized period of stay . Also, the extension of the validity of re-entry permission shall not exceed 3 months from the expiration date of the re-entry permission(Enforcement regulation article 39-2).

♣ Question and Answer

ㅇ Yes, it is.
ㅇ There are two immigration counters at Kimpo International Airport which grant a re-entry permit for a foreigner registered in Korea. One is on the 3rd floor in Terminal 1, the other is on the 2nd floor in Terminal 2.
ㅇ Also, a registered foreigner can get re-entry permit from any immigration office at International Airports or Sea Port(e.g., Kimpo, Pusan, Inchon, Kimhae, Jaeju).
ㅇ In this case, only a single re-entry permit is granted.
Exceptionally, the holder of D-8(treaty traders) status can apply for a multi re-entry permit.

ㅇ When a foreigner who left Korea with a re-entry permit gets a new passport due to loss of passport or other reasons, he/she can get a confirmation of re-entry permit from a Korean embassy or consulate abroad.
ㅇ For a smooth and faster process of confirmation of re-entry permit, you are kindly asked to present a new passport or an alien registration card.
ㅇ A re-entry confirmation stamp shall be affixed in your new passport or a certificate of re-entry confirmation will be issued.
ㅇ When you do not get re-entry permit before the expiration date of the re-entry permit, all granted permits related with immigration matters will be cancelled and you shall get a new visa to enter Korea.

※ When the foreigner of the above case( Q2) enters Korea without getting confirmation from Korean Embassy or Consulate abroad, an immigration officer at an international airport or port will screen the record of alien registration and re-entry permit through the computer system again for him/her.

A foreigner who wants to stay in Korea longer than 90 days shall register at a district or branch office which has jurisdiction over his/her place of sojourn within 90 days from the date of arrival.

The alien registration system is for the clear and effective management of foreigners' stay and identity.

B. The Object of Alien Registration

A foreigner who wants to stay in Korea more than 90 days is required to register. Foreigners who should register are as follows:

ㅇ A foreigner who wants to stay in Korea more than 90 days from the date of entry
ㅇ A foreigner who wishes to stay in Korea more than 90 days from the date of obtaining the status of sojourn owing to birth or getting another country's citizenship after his/her renunciation of Korean nationality (article 31-2).
ㅇ A foreigner who obtained the permission for change of sojourn status and desires to stay in Korea more than 90 days from the date of entry.(article 31-3).

Exceptions to the above rule; the following foreigners are exempted from an alien registration(article 31-3).

ㅇ A-1 : Diplomatic missions of countries recognized by the Korean Government, consular officers assigned to represent their countries in Korea, foreigners granted privileges equal to diplomatic mission in accordance with treaty or internationally accepted norms and practices, and their immediate families.
ㅇ A-2 : Foreigners who carry out official service of the countries or international organizations recognized by the Republic of Korea and their immediate families.
ㅇ A-3 : Foreigners who are exempted from alien registration or deemed necessary to be exempt from it according to the agreement with the Republic of Korea and their immediate families.
ㅇ Foreigners who are engaged in critical diplomatic, industrial and national defence services, and who are deemed necessary to be exempt from alien registration by the Minister of Justice.
ㅇ Canadian nationals who wish to stay in Korea no longer than 6 months with the status of D-1(culture/art), D-6(religious workers), F-1(visiting and joining families), F-3(dependent families), or G-1(other).

Application for alien registration must be made ;

① within 90 days from the date of arrival (Foreigners who desire to stay in Korea more than 90 days(article 31-1) or
② on the spot (When a foreigner is permitted to acquire status of sojourn or change a status of sojourn).

♠ Attentions

In case a pertinent foreigner failed to file the application, he/she will be penalized.

D. Required Documents and Application Places

For alien registration, the applicant should visit in person a district or branch office (Ujongbu, Ulsan, Donghae) which has jurisdiction over his/her place of registration with the following documents.

Required documents for alien registration are as follows:

ㅇ Passport or entry permit
ㅇ 3 color photos (3㎝ × 4㎝)
ㅇ Application form (refer to Annex 21)
ㅇ Fee (10,000 won)
ㅇ Other required documents In addition to the above documents, some documents are required to be submitted according to status:

· For a foreigner with D-3-1 status(technical internship) : copies of a certificate of medical examination(issued by an internal hospital) and accident insurance
· For a foreigner with D-3-1 status(trainee) : copies of a certificate of medical examination(issued by an internal hospital) and accident insurance or workmen's accident compensation insurance
· For a foreigner with E-6(arts and entertainment) : a copy of a certificate of medical examination for AIDS(issued by an internal hospital)

* Alien Registration for dependants

Foreigners under 17 years of age are allowed to apply for it on the same certificate of alien registration of his/her parents or by proxy(optional, independent certificate is possible).
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※ Fingerprinting

A foreigner who falls under any of the following cases shall have his/her fingerprints taken on the registration card and fingerprint card in accordance with the provisions of the Presidential Decree(article 38-1).

The chief of a district or branch office may refuse to grant permission under this Law, such as permission for extension of sojourn period, against any foreigner who refuses to take his/her fingerprints.

When a foreigner applies for an alien registration card, an immigration officer issues a receipt. Usually, it takes around 3∼4 days to issue an alien registration card. In addition, a stamp which proves the application will be affixed to the applicant's passport.

The items mentioned in the alien registration card are name, working place, address, status and others.

A sample of an alien registration certificate is as follows:

A foreigner staying in the Republic of Korea shall always carry with him a passport, seaman's book, alien entry permit, alien registration certificate or written landing permit, except in the case of any foreigner under the age of 17. Therefore, a foreigner shall present the passport, etc. in response to the demand of an immigration officer or other authorized official in performance of his/her official duty (article 27).

When a foreigner neglects to present a passport, etc. in response to the demand of the immigration officer or other authorized official in performance of his/her official duty, the foreigner will be fined less than 1 million won(article 98).

F. Re-issuance of Alien Registration Card

In the case of loss, robbery, destruction, damage, spoil, or change in name or nationality, etc. of registration card, a registered foreigner is required to apply for the re-issuance of a registration card within 14 days of the day on which such a fact occurred, at a district office(branch office) which has jurisdiction over the place of the foreigner's stay (Enforcement ordinance article 42-2)

Application should be made by submitting materials indicating proof and a photograph(Enforcement ordinance article 42-1).

G. Report on Alteration in Matters of Alien Registration

In case a foreigner who completed the registration has altered any matters falling under any of the following sub-paragraphs, he/she shall file a report on the alteration in matters of alien registration with the chief of a district or branch office having jurisdiction over the place of his/her sojourn within 14 days(article 35, refer to Annex 42-1).

ㅇ Name, sex, date of birth or nationality
ㅇ Number, date of issuance or effective period of passport
ㅇ In case a foreigner is a person holding a managerial post :
   position or name of working place

H. Return, etc. of Alien Registration Card

When a foreigner who has completed registration in accordance with Article 31 leaves the country, he/she shall return the alien registration certificate to the immigration officer, except in any of the following Sub-paragraphs(article 37-1):

ㅇ In case a foreigner, who has obtained the re-entry permit, is going to re-enter the Republic of Korea within the permitted period after a temporary departure.
ㅇ In case a foreigner, who holds a multiple visa, or who is a national of a country subject to exemption from re-entry permit, is going to re-enter the Republic of Korea within the permitted period of sojourn after a temporary departure.
ㅇ In case a foreigner who has received a refugee travel document is going to re-enter the Republic of Korea within the effective period after a temporary departure.

In case a foreigner registered in accordance with Article 31 has died, a spouse, parent, proxy, or the owner(manager) of the place he/she died shall return the alien registration card to the immigration officer within 14 days from the recognition of the fact or with in 30 days from the occurrence of the fact(Enforcement ordinance article 46-2-2). In this case, some materials indicating proof should be presented.

In case a foreigner registered in accordance with Article 31 has obtained the nationality of the Republic of Korea, an alien registration card should be returned to an immigration officer within 14 days from the date of acquiring of Korean citizenship.

※ A foreigner who has a multi visa or re-entry permission does not have to return his/her alien registration card to an immigration officer, however, when the chief of a district or branch office deems that there exists the need to take custody of the alien registration card for the interest of the Republic of Korea, he may temporarily take custody of it. In this case, when a foreigner re-enters the Republic of Korea, he/she shall take it back with in 14 days from the date of arrival(article 37-5).

In the case of the occurrence of any of the following Sub-paragraph, the person who employs a foreigner shall report to the chief of a district or branch office within 15 days from the date when he/she is informed of the facts(article 19).

ㅇ In case that he/she has dismissed the foreigner, or the foreigner has retired from the service.
ㅇ In case that the whereabouts of the employed foreigner is unknown.
ㅇ In case that the material contents of employment agreement have been changed.
ㅇ In case he/she discovers that the employed foreigner has violated this Law or an order issued under this Law.

※ In case that he/she has dismissed an foreign industrial trainee, he/she has to have him/her leave Korea under his/her responsibility and report the fact to the chief of a district or branch office.

B. Report on Change of Sojourn Place

When a registered foreigner has moved to another place, he/she shall file a report of his/her moving to the chief of the Si(city), Kun(county) or Ku(ward) having jurisdiction over the place of his/her new sojourn within 14 days from the date of the move (article 36-1, refer to Annex 23).

It also applies to the case when a registered foreigner has changed his/her place of sojourn within the same boundaries of Si(city), Kun(county), Ku(ward).

When a foreigner neglects to report the fact, he/she will be fined according to the Immigration Law, article 98.

C. Report by the Holder of Dual Nationality for Treatment as Korean National

(1) The Meaning of Dual Nationality

A holder of dual nationality is a person who has Korean nationality according to the Korean Nationality Act which is based on the Law of Blood(ius sanguinis) as well as another country's nationality according to its Nationality Act. Details of the object are as follows:

ㅇ A person who has another country's citizenship according to the Nationality Act of that country which is based on the Law of Soil(ius soli) as well as Korean nationality thanks to parents' Korean nationality.(father, mother or both)
ㅇ A person who was born of a Korean father and foreign mother, or Korean mother and foreign father and has a foreign nationality according to the Nationality Act of his/her parent's country.
ㅇ A person who acquired Korean nationality through the process of recognition, naturalization, accompanying acquisition or according to the Law of Blood(ius sanguinis) (Nationality Act article 3, 4, 8, 9 Addenda article 7).
ㅇ A person who reported to the Minister of Justice his/her intention of possession of Korean nationality for less than 6 months after his/her voluntary acquisition of foreign nationality.

(2) The Meaning of Report for the Treatment of Korean National

A dual nationality holder shall choose one nationality before his/her age of 22 years. If he/she reports for it before his/her choice of one nationality, a dual nationality holder will be treated the same as a Korean national exempted from the foreigner's obligations such as alien registration. However, he/she shall use a Korean passport for his/her travel abroad. A dual nationality holder who does not apply for it shall use a foreign passport for his/her travel abroad and is treated as a foreigner(Enforcement regulation article 79).

※ Making a choice of a nationality by the holder of dual nationality shall be done before the age of 20 years.

·In the case of a person over 20 years of age, it shall be done within 2 years from the date of obtaining another country's citizenship. ·In the case of a man under 17 years of age can freely renounce Korean nationality,
however, a man over 18 years of age is allowed to renounce Korean nationality after his completion of military service or exemption from it.
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(3) Report on Dual Nationality for Treatment as Korean National and Required Documents

A dual nationality holder who wants to be treated as a Korean national shall report to a district or branch office(Ujongbu, Ulsan, Donghae) having jurisdiction over the place of his/her sojourn with required documents. Principally, this report shall be done in person by applicant himself, however, in the case of a dual nationality holder who is under 18 years of age, the applicant's parents or a person with parental authority can report it in lieu of him.

Required Documents for this report are as follows:

ㅇ For a dual national who has another country's citizenship according to that country's Nationality Act which is based on the Law of Soil(ius soli) as well as Korean national thanks to their parents' Korean nationality:
- Korean family tree register
- documents which show proof that the applicant's father or mother was Korean when the applicant was born such as a residence card or a copy of passport of the applicant's father or mother(in case the applicant's father or mother received foreign citizenship after the applicant's birth, a copy of their foreign citizenship certificate is required to be submitted)
- passport and copy of birth certificate
ㅇ For a dual nationality holder who was born of a Korean father and foreign mother, or Korean mother and foreign father, and has a foreign nationality according to the Nationality Act of his/her parent's country:
- Korean family tree register
- documents which show the applicant's foreign nationality such as foreign passport. etc.
ㅇ A person who acquired Korean nationality through the process of recognition, naturalization, accompanying acquisition or according to the Law of Blood(ius sanguinis) (Nationality Act article 3, 4, 8, 9 Addenda article 7)
- Korean family tree register
- copy of foreign passport
- copy of confirmative certificate for the withholding of foreign nationality's acquisition
(only for an applicant over 20 years of age)

ㅇ A person who reported to the Minister of Justice his/her intention of possession of Korean nationality for less than 6 months after his/her voluntary acquisition of foreign nationality :
- Korean family tree register
- copy of foreign passport
- copy of notification of acceptance for the withholding of the foreign nationality's acquisition

※ When a dual nationality holder desires to travel with a Korean passport, he/she shall report on a dual national for the treatment of a Korean national to the immigration office at an intermational airport or sea port and submit other requiring documents after his/her return to Korea to the immigration office having jurisdiction over the place of his/her sojourn.

(4) Passport Endorsement of the Treatment as Korean National

For a dual nationality holder who is to be treated as a dual national for the treatment of a Korean national, a stamp will be affixed in the passport of the applicant and the Korean visa in the passport of the applicant will be cancelled.