Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Qualifications and Precautions for Permanent Residency Application

■ General Eligibility Requirements for Applying for Permanent Residency
First, let's take a look at the eligibility requirements for applying for permanent residency for those who have stayed in Korea for five years or more with a residency status ranging from sojourn (D-7), investment (D-8), non-profit organization (D-9), professor (E-1), specific activities (E-7), or residence (F-2).

❍ Compliance with Korean Laws and Good Conduct
To apply for general permanent residency, one must have complied with Korean laws and have good conduct. However, if any of the following applies, the applicant may be deemed to have failed to meet the conduct requirement, and permanent residency may be denied.
① A person who has not passed five years since the end of the execution of a sentence of imprisonment or who has not received such sentence execution for five years or more.
② A person who has not passed three years since the payment of a fine sentence.
③ A person who has not passed five years since the date of violation of Article 7, Paragraph 1 of the Immigration Control Act (holding or using a passport or visa obtained through forgery or misrepresentation).
④ A person who has violated the Immigration Control Act three or more times in the five years before the application for permanent residency (excluding those who have received administrative fines).
⑤ A person who has not passed seven years since leaving Korea due to a deportation order or five years since leaving Korea due to an exit order.
⑥ A person who has received administrative fines of KRW 5 million or more for violating the Immigration Control Act in the last three years or whose total amount of fines exceeds KRW 7 million.
⑦ A person subject to deportation under Article 46, Paragraph 1, Subparagraphs of the Immigration Control Act.
⑧ A person who has been sentenced to imprisonment for a crime equivalent to certain serious crimes such as threats, coercion, defamation, fraud, voice phishing, drug crimes, or who has been sentenced to imprisonment for a crime equivalent to imprisonment or more severe sentences in a foreign country, confirmed through a criminal history certificate, may be denied permanent residency.

< Criminal History Certificate >

A criminal record certificate is a document required when applying for a visit employment visa, marriage immigration visa, some permanent residency qualifications, and naturalization permits. The certificate is an official document issued by an authorized agency in the country of nationality and must include all criminal records within the country. The certificate is only valid if issued within 6 months of the application date for a visa, residence permit, or other related documents. However, if the agency or system responsible for verifying criminal records in the country of nationality is insufficient, it is possible to substitute it with a certificate issued by a local government agency with jurisdiction over the place of residence. For example, in China, all documents (issued by the public security bureau or local police station) corresponding to a criminal record certificate are recognized. In the United States, the criminal record certificate issued by the FBI headquarters (received directly by the applicant or through a certified channeler authorized by the FBI) is the norm. However, if the criminal record certificate issued by the state government includes criminal records throughout the United States, it will also be recognized.
When issuing a criminal record certificate, citizens of countries that are parties to the Apostille Convention must receive an apostille from their respective governments. However, if they cannot obtain an apostille from their home country’s government due to unavoidable circumstances or if they are citizens of non-Apostille Convention countries, they must receive verification from the Korean consulate in the country where the certificate was issued. In China, this requires authentication by the Chinese authentication agency and the Ministry of Foreign Affairs, followed by verification from the Korean consulate in China.
However, the following individuals who apply for permanent residency status are exempt from submitting a criminal record certificate: · High-value investors (over $500,000), holders of a Ph.D., outstanding professionals in certain fields, and special contributors · Criminal nonage under 14 years old as of the application date for permanent residency · Individuals born in Korea who have not continuously resided outside of the country for more than 6 months · Individuals who have submitted a criminal record certificate from their home country in the past and have continuously resided in Korea for five years or more as of the application date for permanent residency, without continuously residing abroad for more than 6 months. (However, if they have continuously resided abroad for more than 6 months before the application date, they must submit a criminal record certificate issued by the government of the country of residence.) · Individuals who have submitted a criminal record certificate when applying for a visa at an overseas mission and have applied for permanent residency within 6 months of receiving the visa.




In recent years, the number of people traveling or relocating for various purposes such as studying, working, and immigrating has increased both domestically and internationally. In such situations, immigration authorities require documents such as degrees, criminal background checks, and family relationship certificates to be authenticated with an apostille when submitted to them.
Previously, in order to use documents issued in one's home country abroad, one had to go through the authentication process of their respective foreign ministry and consulate. However, now that many countries have signed the Apostille Convention, public documents issued in these countries can be used abroad with just an Apostille, without requiring further consular authentication.
Apostille is a French word meaning "certification" and refers to the process of authenticating a document issued in one country for use in another country. It is the process of giving legal effect to a document in a foreign country.
When using documents issued abroad in Korea, nationals of countries that have joined the Apostille Convention must obtain an Apostille in their home country. For example, if someone who graduated from a university in the United States wants to work in Korea, they must obtain an Apostille on their degree certificate or relevant documents from the U.S. Department of State. The reason for obtaining an Apostille in the home country is that the Korean Ministry of Foreign Affairs or the Ministry of Justice have no way of verifying whether the document issued in the foreign country is authentic. If you invite a Japanese chef to Korea, Japan is a member of the Apostille Convention, so you need to get the document translated and notarized by a notary public and then obtain an Apostille from the Japanese Ministry of Foreign Affairs.
On the other hand, nationals of countries that are not members of the Apostille Convention must obtain confirmation from the Korean consulate in the country where the document was issued, such as a degree certificate or criminal record certificate issued overseas. Currently, countries that have not joined the Apostille Convention include Canada, China, Vietnam, the Philippines, Thailand, Taiwan, Brazil, Pakistan, Bangladesh, Uzbekistan, Saudi Arabia, Iran, and the United Arab Emirates (UAE).


❍ Livelihood Maintenance Ability
To apply for permanent residency status, one must have the ability to maintain their livelihood. If the combined income of the income provider meets the required annual income for each permanent residency status, then it is recognized that the applicant has met the livelihood maintenance requirement. The income provider refers to the applicant themselves, their spouse, minor children, and parents (excluding the spouse's parents) who have lived together with the applicant during the income assessment period and have shared their livelihoods. However, in the case of score-based residency status holders and pension beneficiaries applying for permanent residency, only the applicant is recognized as the income provider.

The income calculation period only considers income from the year prior to the application date. For instance, for those who apply for permanent residency on January 1, 2019, and December 31, 2019, only the income earned from January 1, 2018, to December 31, 2018, will be recognized. Recognized income refers to the total amount of comprehensive income, including earned income, business income, interest income, dividend income, pension income, and other income, only if income tax has been paid on each income. However, for income exempted from income tax under Article 12 of the Income Tax Act, the income and its income tax can be recognized if relevant supporting documents are submitted for income not subject to income tax. Assets such as real estate are not recognized as income, but income tax paid on income generated from assets can be combined. In the case of pension beneficiaries applying for permanent residency, only the pension received from overseas will be recognized as income.
As a rule, the income certificate should be in the form of an "Income Certificate" (issued by the tax office). However, if it is impossible to issue an income certificate at the time of application, the applicant must submit a withholding tax receipt (issued by the employer), a bank statement showing the deposited income, and a pledge letter from the employer (or the employer) and the applicant.
On the other hand, in terms of the comparison standard for annual income, the principle is that for permanent residency qualification applications, the previous year's Gross National Income (GNI) The Gross National Income (GNI) per capita announced by the Bank of Korea is based on the previous year's data. Before the end of March, which is the release date, the GNI per capita of two years ago is used as the evaluation standard. After March, the GNI per capita of the previous year is used as the evaluation standard. For example, in 2023, before March 30th, the GNI per capita of 2021 was used as the evaluation standard, while from March 31st onwards, the GNI per capita of 2022 was used. Gross National Income per capita by year can be checked on the ‘Economic Statistics System of the Bank of Korea’ (http://ecos.bok.or.kr). For reference, per capita gross national income (GNI) announced by the Bank of Korea in 2022 is KRW 42.2 million.
per capita announced by the Bank of Korea based on the application date is used as the evaluation criteria. If the previous year's GNI per capita has not been announced, the GNI per capita from two years before the application date is used. Note that for general permanent residents, pension beneficiaries, point-based permanent residents, and foreign-invested companies' research and development personnel, the income requirement is that the previous year's GNI per capita must be twice as much or higher.
However, for doctoral degree holders in advanced fields, doctoral degree holders in general fields, bachelor's and master's degree holders, and those who hold professional licenses, the income requirement is the previous year's GNI per capita or higher. In particular, income requirements are waived for certain individuals, such as those with specific skills, high-value investors, real estate investors, public project investors, technology startup investors, children of Korean citizens living abroad, and those who have graduated from a degree program through a work-study program or an exchange student program.

❍ Meeting the Basic Qualifications Requirement
Foreigners who are general permanent residents, their spouses, point-based permanent residents and their spouses, and permanent residents with bachelor's or master's degrees or professional certifications must meet the basic qualifications requirement when applying for permanent residency. In other words, those who have scored 60 or more out of 100 points in the Social Integration Program's five-stage completion or comprehensive evaluation for permanent residency or naturalization purposes are considered to have met the basic qualifications requirement when applying for permanent residency.

❍ Documents to be Submitted when Applying for Permanent Residency
The documents to be submitted when applying for permanent residency include a comprehensive application form, passport, alien registration card (if there is no alien registration card, a passport photo taken within the last six months), proof of residence (such as a valid real estate lease agreement as of the application date), criminal record certificate, identity guarantee certificate (exempt for real estate investors and public project investors), proof of livelihood (annual income) such as a tax office-issued income statement or a withholding tax receipt for employment income (with submission of bank statements showing the deposited amount), and proof of meeting the basic qualifications requirement.
If the applicant for permanent residency is a D-8 visa holder, an investment visa, the average annual sales for the previous two years prior to the permanent residency application year must be KRW 1 billion or more. If the applicant is a D-9 visa holder, a trade management visa, the average annual export volume for the previous two years prior to the permanent residency application year must be KRW 500 million or more, or the average annual sales must be KRW 1 billion or more. In this case, those exempted include those who install, operate, and maintain export facilities or supervise shipbuilding and equipment manufacturing. If the applicant is an E-7 visa holder, a special activity visa, they must submit a bachelor's degree or higher.
Please note that the period of continuous residence in Korea for five years or more, based on the date of the permanent residency application, excludes the past residence period and requires the applicant to have continuously resided in Korea without leaving the country completely. However, the Period of Residence outside Korea for up to three months with a re-entry permit is recognized as a domestic residence period. In addition, for those who change their Residence Status between different visa types, the total Period of Residence in each visa category can be added up. If a permanent resident does not enter Korea until the end of the exemption period for re-entry permission (within two years from the day of departure), the permanent residency will be lost, requiring caution.

■ Qualification Requirements for Other Permanent Residency Applicants
❍ Spouse of Korean Citizen
A Korean national's foreign spouse may apply for permanent residency (F-5) if they can prove that: ① they are still in a marital relationship with their Korean spouse, ② their Korean spouse has died or has been declared missing by a court, ③ the cause of divorce or separation from their Korean spouse is attributable to the Korean spouse, or ④ they are raising a minor child born from their marriage with their Korean spouse even if their marital relationship has ended. In this case, they must have good conduct, the ability to support themselves, and possess basic skills such as proficiency in the Korean language and an understanding of Korean society.
In order to prove their ability to support themselves when applying for permanent residency (F-5), a holder of a marriage immigration (F-6) visa must demonstrate that the combined income of themselves or their family members who live together is equal to or exceeds the Gross National Income (GNI) per capita announced by the Bank of Korea for the previous year, or their household assets are above the median level. For reference, the GNI per capita announced by the Bank of Korea in 2018 was 36.79 million won, and the median level of household assets in 2018 was 255 million won.
However, if they are ▴a person who became pregnant with the child of their Korean national spouse as an immigrant through marriage, ▴a person who underwent infertility treatment to give birth to their Korean national spouse's child, ▴a person who is raising their Korean national spouse's minor child, ▴a person who has been supporting and living with their Korean national spouse's parent(s) for over one year, or ▴a person who is over 60 years old, the GNI per capita will be adjusted by 80%.
In this case, required documents include proof of birth for the Korean national spouse's minor child, proof of pregnancy or infertility treatment, proof of raising the Korean national spouse's minor child, or supporting and living with their Korean national spouse's parent(s), such as a family relationship certificate, resident registration certificate, court ruling, or confirmation of kinship within the fourth degree of the Korean national spouse. In addition, proof of income may include an income statement and credit report from the previous year, proof of withholding tax and employment certification for employees, a business registration certificate for business owners, and other proof of income and assets.
Basic skills such as proficiency in the Korean language and understanding of Korean society must be demonstrated by completing a social integration program implemented by the Ministry of Justice or achieving a score of 60 or higher on the comprehensive evaluation of the social integration program.

❍ Spouses of F-5 Visa Holders
A person who resides legally in Korea with a residency (F-2-3) visa and is the spouse of an F-5 visa holder may apply for an F-5 visa if they have maintained a marital relationship for two or more years (divorce or factual separation is not allowed). However, illegal residents (including illegal entrants and passport forgers), those with extended departure deadlines, general criminals (excluding simple fines), short-term visa holders (including those without a visa), and those who are restricted from changing their residency status due to individual guidelines are excluded.
If an application for visa issuance for the spouse of a former visa holder has been rejected, the applicant must wait at least 6 months from the date of rejection to reapply. If the applicant has invited another spouse within the past 5 years, their invitation will also be restricted.
The required documents for a visa application include: an application form for visa issuance, passport, one standard-sized photo, an invitation letter and a marital background statement and identity verification for the domestic spouse, proof of marital relationship (marriage certificate, family relationship certificate, etc.), proof of income (income certificate, employment certificate, bank transaction records, etc.), a credit report for the inviter issued by the Korea Federation of Banks, criminal records verification documents for both the inviter and the invitee (apostilled or verified by a Korean embassy) and a health diagnosis certificate (including confirmation of mental illness, sexually transmitted diseases, and acquired immune deficiency syndrome), proof of residency (real estate registry, lease agreement, etc.), proof of divorce if the applicant has a previous marital history, and other materials such as call records, photos of the couple together, and photos of the living space.

❍ High-Investment Immigrants
Under the Foreign Investment Promotion Act, high-investment immigrants who invest more than $500,000 USD and employ more than five citizens may apply for an F-5 visa. In the case of a sole investor, the applicant for the F-5 visa must be a direct employment contract party who has employed five or more citizens as regular employees for six months or more. In the case of a joint investor, each investor must invest more than $500,000 USD and employ more than five citizens as regular employees for six months or more. When calculating the number of citizens employed by more than five people, they must be different citizens for each investor. High-investment immigrants are exempt from the requirements for livelihood and basic qualifications.
Meanwhile, foreign nationals who have invested more than $500,000 in the following categories ▴enterprise investment (D-8) and have continuously resided in Korea for three years or more ▴employees dispatched to a foreign investment corporation that has invested more than $500,000 and has continuously resided in Korea for three years or more ▴individuals who have invested more than $300,000 and employed two or more Korean citizens can change their status to resident (F-2). If they reside in Korea for five years with a resident (F-2) status, they can change their status to permanent resident (F-5).
Documents required for applying for a high investment immigrant visa include a foreign investment company registration certificate, all corporate registration details, a business registration certificate, and proof of regular employment of Korean citizens (4 major insurances, a list of business registration numbers, proof of income, an employment contract, and proof of regular employment).

❍ Technology Startup Investor
To apply for permanent residency as a technology startup investor, the following three requirements must be met: ①The applicant must have continuously resided in South Korea for three years or more as a qualified technology startup investor (D-8-4) as of the date of application for permanent residency. ②The applicant must have attracted 300 million won or more in investment funds from domestic or foreign investors or secured equivalent capital. In this case, even if the sum of the attracted investment funds and the capital of the relevant corporation is 300 million won or more, it will be recognized as meeting the requirement. ③The applicant must have employed two or more Korean citizens as regular employees for six months or more prior to the date of application for permanent residency. The documents required for the application for permanent residency include a business registration certificate, a certificate of registration of the corporation, proof of investment funds attracted in the amount of 300 million won or more or proof of equivalent capital (financial statements, records of investment fund introduction, etc.), and proof of employment of two or more Korean citizens as regular employees for six months or more (4 major insurances, income certificate of domestic employees, employment contract, certificate of regular employment, etc.).

❍ Children of Korean-born Permanent Residents
If the parents of a foreign national with an F-5 permanent residency status who is residing in South Korea give birth to a child in South Korea (excluding those born overseas), an application for F-5 permanent residency must be submitted for the child within 90 days of the date of birth. The required documents for the application for permanent residency include an application form, a passport, one photo, fees, proof of family relationship (birth certificate, etc.), and documents proving the national status of the country of origin (passport, etc.).

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

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