C. Immigration Control Procedure for an H-2 Work and Visit visa

C. Immigration Control Procedure for an H-2 Work and Visit visa

An immigration procedure for an overseas Korean who has come to Korea on a working visit visa is as follows.

□ You have to register yourself as an alien first.

○ Overseas Koreans who have entered Korea on an H-2 Work and Visit visa must register themselves as aliens at a local immigration (branch) office with the following documents below within 90 days of the entry date.

⇒ Passport, 2 Color Photographs, Alien Registration Application, Fee, Completion Certificate of Basic Law and System (except for those who re-entered Korea after leaving the country due to the expiration of their visa, effective as of September 1, 2014)

⇒ Parents of an International Student : in addition to the document above, a proof of enrolment and a copy of alien registration of the person on a D-2 Student visa are needed.

○ Health Check-up Confirmation Results

Health Check-up results filled in the <enclosed form no.7> issued by a designated hospital of the Ministry of Justice must be submitted by the H-2 visa holder.

※ Health check-up, which a work visit applicant had to take as a mandatory requirement before during his/her vocational training, can be skipped.

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	【 Required Information that Health Check-up Must Consist Of】
1) The diagnosis categories designated by the Ministry of Justice must be included. <Enclosed document 7> - Tuberculosis, Mental Illness, Hepatitis, Syphilis, Drug(Philopon, Cocaine, Opium, Marijuana) Test are required. 2) The diagnosis must be issued within 3 months of each registration or application date.

□ The range of employment activities that a person on a working visit visa can engage into is as follows.

○ If you want to see allowable jobs you can get, please see the enclosed form #1

* In terms of construction works, only those who have obtained a 'confirmation of construction employment’ can get a job in this field.

○ Employment procedure for acceptable job categories is as follows.

- You enter Korea on an H-2 visa, and then get a job through job centers after applying for vocational training and job hunting. Also, you can just find a job on your own.

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* Employment Seeking Application is submitted at the Human Resources Development Services of Korea during the vocational training.

○ Overseas Korean Employment Procedure for Users is as follows.

- If a user fails to find an appropriate candidate for a particular job after 14 days of the job advertisement, he/she can apply for a “Confirmation of Potential for Special Hiring” issued by the Employment Support Center of the Ministry of Employment and Labor

- The user is allowed to hire an overseas Korean candidate among those on the Foreign Workers List of the Employment Support Center as long as he/she does not exceed the number of employees he/she can hire as indicated on a confirmation of potential for special hiring.

<Diagram 1. Employment Procedure for Overseas Koreans>

◈ Overseas Koreans on H-2 Work and Visit visas are allowed to take 38 types of jobs in Manufacturing, Agriculture&Fishery, and Service in accordance with simple procedures, and they can switch their work places by just reporting the change to a local immigration office.

□ Overseas Koreans shall report on the start of his/her employment and a change in work places.

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○ Eligible Applicants

- You are a H-2 visa holder and have gotten a job for the first time in areas allowed by your visa.

- You are a H-2 visa holder and have changed your work place after you have gotten the job for the first time.

○ Period of Report

- This is your first time getting a job ⇒ You have to report within 14 days of your employment start date.

- You have changed the work place ⇒ You have to report within 14 days of changes in the work place.

○ How to Report

- You have to make a reservation in advance or report on the internet or via fax, or hire a representative.

∙ Online Report :【Hi-korea】> Online Petition > Choose your petition headline 【H-2 visa Employment Start Report or Report on change in your work place】and enter required information.

⇒ Enter mandatory fields online

※ Considering convenience of access to the internet and preventing chaotic situation at the counter, an acquaintance can apply on the internet on behalf of the applicant.

∙ Report via fax : You have to fill out the employee declaration form for overseas Koreans, and fax it to the head of an immigration office. (☎without the local number, call 1577-1346)

⇒ Work Visit Overseas Korean Employment Start Report and a copy of alien registration

∙ Report via representatives : You can apply through a representative registered at a local immigration (branch) office.

○ Required Documentation

- a copy of confirmation of potential for special hiring, a copy of standard labor contract, a copy of business registration

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○ Those who have violated the responsibility to report will be punished as follows.

- You will be charged with 10,000,000 won or less in accordance with Article 2 of the Immigration Control Act

□ You want to get a permission to change your status to working visit visa.

Following applicants can apply for a change in visa status to Working Visit (H-2) at a local immigration office, by a reservation or through an agency.

○ The details are as follows.

- You are eligible to apply if you were staying in Korea on a working visit visa initially but had to switch your status to miscellaneous(G-1) due to circumstances beyond your control such as industrial accidents or illness while your original date of entry has not exceeded the period of 4 years and 10 months.

- You are eligible to apply if you have been on a Family Visitation(F-1) visa for at least 3 months after applying for the acquisition of nationality.

However, those whose Working Visit visas are about to expire, those who switched to a miscellaneous visa (G-1) after filing a lawsuit for acquisition of nationality or those who have requested to stay in Kore after divorcing their Korean partners are not applicable to this case.

- You are eligible to apply if you legally entered Korea before April 1st, 2004, but stayed illegally and switched to G-1 status after applying for Korean nationality.【including those who enter Korea before the Establishment of Korea․China Diplomatic Relation(‘92.8.24)】

- You are an overseas Korean who has completed the technical training program ( ⇒ a recommendation letter from the Overseas Koreans Vocational Education Support Group)

- You have switched your status to Family Visitor (F-1) visa upon the completion of technical training and have reached 25 years of age.

- You are legally staying in Korea as an overseas Korean who has contributed to the national interests of the country and whose need to stay is recognized as humanitarian reasons by the head of a local immigration (branch) office.

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○ You need to submit following documents.

- Application, passport, documents proving that you are an overseas Korean, explanatory materials for your job type, a confirmation of extension of period of employment if you wish to stay more than 3 years. (issued by the Ministry of Employment and Labor), fee: ₩50,000

- (Additional documents for those who have completed technical education courses for overseas Koreans) A recommendation letter from the Overseas Koreans Support Group, Criminal Records certificate issued by an overseas country, and a medical examination report issued in Korea

○ In principle, the permitted period for your employment will be maximum 3 years from the date you received the permission for change in your status. However, if the employer has received a confirmation for extension of period of your employment from the Ministry of Employment and Labor before your permitted period expires, then you will be given additional 1 year and 10 months for your extension of period of sojourn. (if rehired)

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□ If you continue to stay in Korea, you have to get a permission for extension of sojourn period.

If you are the H-2 Work and Visit visa holder, then you have to visit a local immigration (branch) office in person at least 2 months before the expiry date of your current visa, or you have to make a reservation or hire an agent in order to apply for extension of sojourn period.

○ If this is your first time to enter Korea on an H-2 visa, you will receive 3 years as your sojourn period.

- However, if you have obtained a confirmation of extension of employment period from the Ministry of Employment and Labor, then your sojourn period will be given maximum 4 years and 10 months from the original date of entry.

○ If you have re-entered Korea on a working visit visa(re-entry after a complete exit), then your sojourn period will be given within the expiry date of your visa.

○ If you are a parent․spouse of the inviter(international student), then your sojourn period will not be any longer than the sojourn period of your inviter. - If the international student has switched to overseas Korean (F-4) status, then his/her parent(s) or spouse will be given a permission for extension of period sojourn as the H-2 visa holder until the student's enrollment is over. (requires a Proof of Enrollment)

○ You have to submit following documents.

- Application, Passport, Alien Registration, if you want to stay in Korea for more than 3 years, then a confirmation of extension of employment period (issued by the Ministry of Employment and Labor), Fee ₩60,000

○ You can apply for extension in person, by reservation, by a representative or through the internet.

∙ Online Application :【Hi-korea】> Online Civil Petition > Choose the appropriate headlines of your petition:【Extension of Sojourn Period of an Alien】and fill out the required fields on the form.

∙ Request for Representatives : You hire a representative listed on the Korean Immigration Service Website.

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