Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Renewal of Permanent Resident Status and Renewal of Permanent Resident Card



Until recently, anyone who met the requirements of residing in Korea for 5 years and having assets of 60 million won without any violations of Korean laws could apply for naturalization. However, since the enforcement of the amended Nationality Act in 2019, the F-5 visa transition has been introduced for those applying for naturalization. However, the F-5 visa transition does not apply to simplified naturalization or special naturalization. This is because simplified naturalization, which applies to married immigrants or those who have Korean parents, requires special consideration due to their special blood or emotional relationships with Korea. In addition, special naturalization does not require a specific period of residence to swiftly incorporate exceptional foreign talents who will contribute to the national interest as Korean citizens. Introducing the F-5 visa transition in this case is in line with the purpose of the Nationality Act. Therefore, those who have a blood or emotional relationship with Korea, such as marriage immigrants and children of Korean citizens, can apply for simplified naturalization if they meet the domestic residence requirement (2 or 3 years), even if they do not have an F-5 visa.
On the other hand, in the past, it was difficult to track the expiration date of F-5 visas for those who had obtained an F-5 visa and F-5 visa certificate in Korea since there was no expiration date. To address this issue, the Ministry of Justice has been implementing a system to renew F-5 visas since September 2018. Accordingly, the validity period of the F-5 visa certificate issued to foreigners with an F-5 visa is 10 years, and those who have received an F-5 visa certificate must renew it before the expiration date.


Permanent resident status prejudice’ refers to a system that grants the qualification to apply for naturalization only to those who have permanent resident status at the time of application for naturalization or who have lived for a certain period of time after obtaining permanent resident status. The principle of pre-registration of permanent residency is being introduced not only in immigrant countries such as the United States, Canada, and Australia, but also in the United Kingdom and Singapore, where the proportion of foreigners in the population is increasing. In the case of the United States, you can apply for U.S. citizenship only if you have lived in the U.S. for at least five years after obtaining permanent residency.
The naturalization system has been operated since the establishment of the Korean government in the Nationality Act enacted in December 1948, and the permanent residency system was introduced as one of the sojourn qualifications in the enforcement decree of the Immigration Control Act in April 2002. Permanent residence status was introduced to strengthen the Residence Status of long-term foreigners (especially overseas Koreans living in Korea) in Korea and then expanded to include outstanding talents, national interest contributors, and foreign investors. There are 27 types of cases.
The reasons for operating the permanent residency system and the naturalization system are as follows: First, since general naturalization can be applied for if a foreigner resides in Korea for only 5 years regardless of his/her residence status, foreigners who have received a temporary residence permit without a long-term residence permit can apply for naturalization with only the formal requirement of living in Korea for 5 years. The number of abuse cases being filed is increasing.
Second, since naturalization grants qualifications as a citizen of the Republic of Korea, unlike permanent residency, it is necessary to strictly judge whether a person has the basic skills and conduct to become a citizen of the Republic of Korea through a written test and an interview. For reference, in the past, a person who had been granted permission for naturalization received a notification of permission for naturalization by mail, but with the recent revision of the Nationality Act, as of December 20, 2018, people are required to take the national oath and receive a certificate of citizenship.
■ Major Contents Related to Renewal and Eligibility for Permanent Residency in South Korea
Until recently, it has been difficult to determine when a permanent residency (F-5) holder in South Korea would need to renew their residency, as unlike permanent residencies in countries such as the United States, Japan, and Canada, there was no separate expiration date for the residency. The Ministry of Justice has addressed this issue by revising the Immigration Control Act to include information on renewal and cancellation of permanent residency, which has been enforced since September 2018. The following are the key points:
First, the validity period of a permanent residence card issued to a foreigner with permanent residence status is 10 years, and the person who has been issued a card must reissue the permanent residence card before the expiration date. ​Within 2 years from the date of enforcement of the amended Act for those who have passed 10 years from the date of obtaining permanent resident status at the time of enforcement of the revised Act, and 2 years from the date 10 years have passed for those who have not passed 10 years from the date of acquisition of permanent resident status at the time of enforcement of the amended Act. Within this period, you must visit the local immigration office to obtain a new permanent resident card. If the permanent resident card is not reissued by the deadline, a fine of up to 2 million won will be imposed.
Secondly, foreign nationals who wish to obtain permanent residency must meet all of the following requirements: ① comply with South Korean laws, ② have an annual income equal to or greater than the previous year's per-capita gross national income (GNI) announced by the Bank of Korea by combining their income and that of their family members living together, and ③ complete a social integration program or earn at least 60 out of 100 points in a comprehensive evaluation.
Third, the revised Immigration Control Act includes a provision on the "Revocation of Permanent Residency Status." This means that a person with permanent residency status may have their status revoked in the following cases: 1) if they obtained their status through falsehood or other fraudulent means, 2) if they have been convicted of a crime punishable by imprisonment or a heavier punishment for two years or more under the Criminal Act, Special Act on Punishment of Sexual Crimes, or other laws designated by the Ministry of Justice, 3) if they have been sentenced to imprisonment or a heavier punishment for a total of three years or more for violating the Immigration Control Act or other laws within the past five years, 4) if they obtained their status by meeting certain conditions, such as maintaining a certain amount of investment in Korea, and violate those conditions, or 5) if they engage in activities that are detrimental to the national interest of Korea, such as national security, diplomatic relations, or the national economy.
For reference, if you have entereed Korea with a false passport in the past and continue to live there, marry, and live under a false name, and are caught, your permanent residence status will be revoked and you will be ordered to leave the country or deported. Therefore, it is recommended that those who have entered the country with a pseudonymous passport in the past and are staying are advised to voluntarily report in advance and find out about departure procedures. This is because if discovered, it could take 10 years of an entry ban due to an identity mismatch.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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