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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B. Procedure for the Issuance of H-2 Work and Visit visa

B. Procedure for the Issuance of H-2 Work and Visit visa

In regards with inviting relatives while you are on the H-2 Work and Visit visa, you can invite your grandparents and siblings at a diplomatic mission abroad. On the other hand, you can invite an uncle(s)/aunt(s)/third cousin(s) or closer on your father's side as well as an uncle(s)/aunt(s)/first cousin(s) or closer on your mother's side at a local immigration (branch) office.

□ Eligible applicants and required documentation for visa applications at a diplomatic mission abroad are as follows.

Eligible Applicant	Required Documentation
○ You were born as a Korean national and are currently added to the family register․closing register, or withdrawals register	• Any certificates or documents proving your family relations
○ You are either a parent or a sibling of the inviter who is a Korean national.	• If your relation with relatives can be verified by family register, then you just need to submit any certificates or documents regarding your family relations. (ex. Family Registration Certificate, Basic Certificate, Marriage Certificate) • If your relation with relatives cannot be verified by domestic family relations, then you need to submit a birth certificate or a family register and a copy of resident register, personal statement written by your inviter regarding the relation with you and personal reference, and a confirmation of family register with the invitee.
○ You are either a parent or a sibling of the inviter who is on a F-5-7 visa.	• You need a birth certificate or a family register and resident register, a copy of alien registration and personal statement regarding your relation with the inviter and personal reference, and a confirmation of the invitee as a relative.
○ You have made a special service to the republic of Korea or contributed to the national interests of the Republic of Korea	• You need any orders․medals or awards given by a cabinet member (the head of each ministry), you need official documents proving that you are Overseas Koreans from a legitimate organization of your country.
○You are a person of distinguished services to the state or the bereaved family of a person of distinguished services to the state in accordance with Article 4 of the ｢Act on the Honorable Treatment and Support of Persons etc. of Distinguished Services to the State｣. You are the family of a person of distinguished services to the independent movement of the state or the bereaved family of a person of distinguished services to the independent movement of the state in accordance with Article 4 of the 「Act on the Honorable Treatment and Support of Persons etc. of Distinguished Services to the Independent Movement of the State」.	• You need a card for a person of distinguished services to the state or a person of distinguished services to the independent movement of the state. Or you need an official document that you are the family of such a person.
○ You have voluntarily left the Republic of Korea according to the criteria and procedures designated by the Minister of Justice for the maintenance of public order among foreigners staying in Korea. Also, 6 months have passed from the date of your complete departure, and you are under age 60 . - However, if you have been employed in regional manufacturing areas outside of Seoul for at least 1 year, you can apply after 2 months from the date of departure. - If you have been employed in farming and fishery for at least a year, you can apply after 2 months from the date of departure. - If you have been employed as a baby sitter (nanny) for at least one year, you can apply after one month from the date of departure.	• You need any official documents proving that you are a Korean descent, which are issued by a legitimate institution of your country.
○ You have applied for the working visit visa (H-2) as designated by the Minister of Justice and have won the online draw.	•You need any official documents proving that you are a Korean descent, which are issued by a legitimate institution of your country. • A receipt of your early application or a print-out of your draw results.
○ You are applying for a visa by submitting a visa issuance confirmation for the Working Visit visa (H-2).	• You need the number of a confirmation of Working Visit Visa Issuance.

 

□ Eligible applicants and required documentation for visa applications at a local immigration (branch) office are as follows.

Eligible Applicants	Required Documentation
○ You are invited by a Korean national who has a valid residential address in Korea, and who is at least third cousin or closer from paternity side, or first cousin or closer from maternity side.             󰁾 CONTENTS	• If your relation with relatives can be verified by family register, then you just need to submit any certificates or documents regarding your family relations. (ex. Family Registration Certificate, Basic Certificate, Marriage Certificate) • If your relation with relatives cannot be verified by domestic family relations, then you need to submit a birth certificate or a family register and a copy of resident register, personal statement written by your inviter regarding the relation with you and personal reference, and a confirmation of family register of the invitee.
○ You are invited by a permanent resident visa holder who is either your third cousin or closer from the paternity side or your first cousin or closer from the maternity side.	• Birth Certificate or an original(duplicate) copy of family register, resident register, a copy of alien registration card, personal reference and a personal statement indicating the family relation with the inviter, a confirmation of family relation of the invitee
○ You have made a special service to the Republic of Korea or contributed greatly to the national interests of the Republic of Korea.	• Orders․Medals or Awards conferred by the head of each ministry or official documents proving that you are Overseas Korean from your country
○ You are a father․mother or a spouse of an inviter who is studying in Korea on the Study Abroad (D-2) visa (someone who has registered for at least one semester).	• Transcript and proof of current enrollment, any certificates proving the family relations with the person studying in Korea, or official documents proving that the invitee is an overseas Korean from his/her country.

 

※ A parent․spouse of an international student will be exclude from the H-2 reservation list.

□ You have to submit the criminal records issued from foreign countries.

○ If you are an overseas Korean who wants to enter Korea on the working visit visa in accordance with the Enforcement decree of the Immigration Control Act (including an industrial trainee on a short-term general visa(C-3-1))

- However, if you can be identified as one of the people below, you can skip submitting your criminal record check.

∙ You are a person of distinguished services to the state or a person of distinguished services to the independence movement of the state or a family member of such a person or an overseas Korean who has contributed greatly to the national interests of the Republic of Korea in accordance with the Enforcement decree of the Immigration Control Act.

∙ You are 60 years old or older, or you left Korea because your Working Visit visa expired.

○ If you are applying for a visa from diplomatic mission abroad, you need to submit the criminal records.

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	【Criminal Records Must Consist of Following Documents】
1) A criminal record must include all records of one's criminal history in his/her country. - However, if the country has a poor police record system, then he/she can replace the document by a certificate issued by an administration organization of local security and public order. 2) The record/certificate should have been issued within 3 months of the visa application date.

□ Health Check-up Results

○ You are an overseas Korean with a foreign nationality who wants to enter Korea on a Work and Visit (H-2) visa in accordance with the Enforcement Decree of the Immigration Act (including an industrial trainee on a short-term general (C-3-1) visa).

- However, you can skip the health check-up if you meet any of the following below.

∙ You are a person of distinguished services to the state or a person of distinguished services to the independence movement of the state or a family member of such a person or an overseas Korean who has made a special service to Korea and who has contributed greatly to the national interests of Korea.

○ Confirmation Documents

- If you are applying from a diplomatic mission abroad, you need to submit a health check-up confirmation written by yourself. <Please see the enclosed document 6>

∙In this confirmation, you need to write about your medical facts such as whether you have been infected by Tuberculosis․Hepatitis B․Syphilis and others and whether you have experimented with drugs or whether you have treated mental illness or not.