4. A Detailed Procedure for granting a Resident(F-2) visa for Overseas Koreans with foreign nationalities.
The government of the Republic of Korea issues a Resident (F-2) visa to Overseas Koreans, which gives them freedom to get a job and stay in Korea.
|
A. Basic requirements for getting a Resident (F-2) visa are as follows.
○ You are an adult under the Korean Civil Law
○ You or your family member have financial ability to support yourself.
○ You have basic knowledges and qualities to keep staying in Korea.
○ You are a person of good conduct.
B. Following applicants specified below are not eligible to obtain a Resident (F-2) visa.
○You have violated the Korean immigration law in the past 3 years from the application date and have been charged with the fine worth of ₩2,000,000 or was ordered to leave the country.
○ You come under any of the subsections of Article 54 of the presidential decree of the Immigration Control Act, and you have been charged with the fine worth of ₩2,000,000 in the past 5 years or was sentenced to imprisonment or higher punishment.
○ You have been imprisoned due to your violation of the Immigration Control Act or any other Korean Laws in the past 5 years from the application date.
○ You are considered a threat against national security, public order, social welfare, and interests of the Republic of Korea.
C. Eligible applicants and required documents to obtain a Resident (F-5) visa as an overseas Korean are as follows.
CONTENTS
□ All applicants are required to submit confirmation of Criminal Record (Common Application)
○ If you want to switch your status to a resident in accordance with the presidential decree of the Immigration Control Law, you need to submit a criminal record.
- However, anyone who comes under conditions below can skip submitting the document.
∙ Among occupations included the special table, in accordance with the Presidential Decree of the Immigration Control Act, foreign investors (invested US$500,000 or more), Ph.D Degree holder, Talents in specific fields, Special Contributor, and etc.
∙ You are under age 14 (under the Criminal Law) from the date of application submitted
∙ You are an underage person who has lived in Korea continuously for at least 5 years.
∙ A second generation of Chinese-Korean who was born in Korea and has been living here ever since.
∙ A person who has submitted a criminal record in the past for his/her initial visa application and who has been staying in Korea ever since then.
* However, if you have stayed in a foreign country for 6 months or more, then you will NOT be considered 'someone who has continuously stayed in Korea'. Therefore, you will have to submit a criminal record from the country that you were staying in that particular period.
○ Submitting the criminal record at the time of a Permanent Resident (F-5) visa
※ If an applicant comes from a signatory state to the Apostille Convention, he/she needs to receive the apostille confirmation from his/her government or a confirmation from a consul of his/her respective country residing in Korea on his/her criminal record. If an applicant does not come from a signatory state to the Apostille Convention, then he/she needs to get a confirmation from a consul of his/her respective country residing in Korea.
|
【 Requirements of Criminal Records 】
|
|
|
|
1) The document must include all criminal records nationwide.
- Nevertheless, if the criminal record system is inadequate in the respective country the applicant comes from, then he/she can just submit a certificate issued by a local administrative body.
2) The certificate must have been issued within 3 months of the visa issuance application date.
|
CONTENTS
Eligible Applicants
|
Required Documentation
|
○Someone whose income in the previous year was two times bigger than the Gross National Income per capita in Korea announced by the Bank of Korea.
|
• Receipt for earned income tax withholding or Certificate of Income Amount
|
○Someone who is 60 years old or older receiving a pension from a foreign country and the total amount of pension is bigger than the National Income per capita in Korea announced by the Bank of Korea.
|
• Pension Certificate (Duplicate copy) and a bankbook to which pension is deposited
|
○A person who paid 500,000 won for general property tax in the previous year or a person who does not have a record of general property tax but who has the lease deposit or property worth of 500,000 won or more under his/her name or name of his/her family member.
|
• Certificate of Tax Payment or a Lease Contract (Jeonsae contract), or a certificate of bank balance
|
○A person whose total amount of trading with a Korean company is worth 2 billion won or more.
|
• A proof of employment, a certified copy of the register or a copy of business registration, Import and Export Performance Record (Bill of landing, Invoice, and etc), Certificate of Annual Tax Payment
|
○A person who has invested US$500,000 or more
CONTENTS
|
• A copy of business registration or a certified copy of the register, commercial and real estate lease contract, and a certificate of foreigner investment registration, a certificate of foreigner invested corporation
|
○ A chairman/representative/president of an Overseas Koreans group recognized by the government of the respective country (including those who have actively engaged into the overseas Koreans group for the past 3 years) or the CEO of a corporation recommended by the head of a diplomatic mission abroad.
|
• A recommendation letter from the head of a diplomatic mission abroad
|
□ If you are an F-4 Overseas Korean visa holder who has maintained a valid residential address in Korea for at least 2 years and who meets any of the conditions below, you are eligible to apply.
□ You meet all the conditions below as a H-2 visa holder
○ You have continuously worked in the same place for at least 4 years in manufacturing, agriculture, or fishery industries.
※ If you have changed your visa status from Working Visit to Overseas Korean, you will be given at least 3 years from the date of change, as the permitted period of stay. Those who have changed their visa status after August 1st, 2011, after declaring the commencement of employment, you will be given at least 2 years from the date of change, as the permitted period of stay.
※ If you have changed your work place due to wage delays, close-down of the businesses and other inevitable circumstances, you will be recognized as 'being continuously employed'.
○ You or your family member in the same household has a financial ability such as owning property/assets worth of 30,000,000 won
○ You have obtained a skill․technician license through an examination designated by enclosed document number 3 and held by the Human Resource Development Service Korea, or you have earned annual income worth more than Gross National Income per capita in Korea from the previous year.
* Skill․Technician licence refers to a license defined in Article 2(1) and paragraph 1 of Article 9(1) of the ⌜National Technical Qualifications Act」
CONTENTS
|
Required documents
|
|
|
|
Recommendation letter from an employer, a copy of business registration, a proof of employment, Receipt for earned income tax withholding in the past one year, a copy of skill․technique license and documents proving your ownership in assets/property (ex. a lease contract(including both jeonsae and wolsae) or a certificate of bank balance)
|
□ You are an overseas Korean defined as in Article 2(2)「Act on immigration and legal status of Overseas Koreans」while meeting all the prerequisites for the acquisition of nationality in accordance with the Nationality law.
|
Common Required Documents
|
|
|
|
▫Application
▫Any documents proving that you are an overseas Korean such as a passport and a copy of identification from the respective country (you should also show the original copy)
▫Alien Registration Card(Declaration form of residential address) ▫ Documents proving your financial ability to support yourself.
-choose one of the followings: a certificate of bank balance consisting of 20,000,000 won under your name or a name of your family member, a copy of real estate property register, lease contract, proof of employment (please enclose a copy of business registration of your employer)
|
① Eligible Applicants for Regular Naturalization (Article 5 of the Nationality Law)
Supplementary documentation
|
|
▫Certificate of family relation and any documents proving family relationship
|
② Eligible Applicants for Simplified Naturalization (Paragraph 1 of Article 6(1) of the Nationality Law)
Supplementary Documentation
|
|
▫Documents demonstrating that your father or mother was a Korean national
▫Documents proving the biological relation between you and your father(an original copy is needed)
▫ A confirmation from more than one member of your family including relatives living in Korea (the relatives must be the 3rd cousin of the applicant or closer)
- A genealogy : family relations with relatives (guarantor)
- business registration or any documents proving your relations with the relatives
- (for each guarantor) A guarantor statement, resident registration, a copy of resident registration are needed
- a letter exchanged with relatives living in Korea, a confirmation of separate families reunification from the KBS, DNA test results with relatives living in Korea (optional)
|
③ Eligible Applicants for Simplified Naturalization (Article 6(2) of the Nationality Law)
Supplementary documentation
|
|
▫ A copy of family relations or marriage certificate (the entire photocopy of family relations issued by your country of nationality)
<Supplementary documentation for a Spouse of Korean National>
① Basic Certificate ② Marriage Relation Certificate ③ Certificate of family relations ④ Resident Register ⑤ A copy of Resident Registration
▫ Other documents need to be submitted in order to demonstrate genuineness of a marriage
※ for a person who is divorced, a certificate of marriage indicating a divorce, or sentencing stating liability/faults of the spouse or a confirmation from an officially recognized woman's support group
|
④ Eligible Applicants for Special Naturalization (Paragraph 1 of Article 7(1))
Supplementary Documentation
|
|
1. (children of the first generation of Overseas koreans who have restored Korean nationality) Supplementary documents for the second generation of overseas Koreans are as follows.
▫ Document proving a biological parent-child relationship (an original copy is needed)
▫ Identification certificate, a certificate of family relation, resident registration, a copy of identification card of the first generation
2. (After the second generation Overseas Koreans have restored Korean nationality) supplementary documents for the third generation of overseas Koreans are as follows.
▫ Documents proving a biological parent-child relationship (an original copy is needed)
▫ Identification certificate, a certificate of family relation, resident registration, a copy of identification card of the second generation
3. Supplementary documents for a child of a person who has restored Korean nationality by marriage
▫ Documents proving a biological parent-child relationship (an original copy is needed)
▫ Identification certificate, a certificate of family relations, resident registration, a copy of identification card of the person who has obtained permission for restoration of Korean nationality.
4. Supplementary documents for a Descendent of Independence Patriots
▫ Documents proving that you are a descendent of independence patriots and of a man of national merit, or documents demonstrating the family relationships with such a person.
|
⑤ Eligible Applicants for Restoration of Nationality (Article 9(1) of the Nationality Law)
Supplementary Documentation
|
|
▫ Identification certificate, a certificate of family relations, Expulsion Record copy of the applicant
▫ Documents relevant to acquisition of foreign nationality (please enclose the translated version and the original copy)
▫ A permit for restoration of Korean nationality, citizenship papers, birth certificate, official documents(Gongbu) in regards with family
※ If the date of birth Is different compared to your foreign passport, please select and bring one from the following documents: a confirmation of the same person, name change certificate, notarized confirmation of the same person by relatives living in Korea (issued by the notarization office), Expulsion Record Copy, or any documents proving the parental-child relationship between you and your parents.
➠ The Administrative Guideline on the Reinstatement of Citizenship for Overseas Koreans will be applied to Korean-Chinese who would like to reinstate their Korean nationalities.
|
D. Treatments of family members of those with permanent residence(F-5) visas are as follows.
○ Spouses and children under the age of 20 of those with permanent resident (F-5) visas will be given F-2 Resident visas. (A child who is 20 years of age or older will have to stay in Korea on an appropriate visa.)
E. There will be no restrictions for those on F-5 Permanent Resident visas to engage in certain activities limited by different types of visas.
F. If you come under any of the followings below, you will lose your F-5 Permanent Residency visa.
○ Those who received a deportation order
○Those who have gotten Permanent Resident visas by forgery or cheating the system
○You have exceeded the re-entry permit exemption period or re-entry permission period
○You have entered Korea with a fake passport or you are in a sham marriage.
CONTENTS
○Those who are exempt from a re-entry permit or who have stayed longer than the permitted duration of period
○Those who have entered the Republic of Korea on fake passports or passports under other people's names or those who are considered to have a sham marriage.
○ Those who have received imprisonment without forced labour or heavier punishments
