Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Delay of Departure Deadline and Permission to Extend the Period of Residence for Departure

■ Delay of Departure Deadline
Foreigners who have no reason to maintain their stay permit any longer, as their stay objective has been achieved or their original stay objective is no longer applicable, must depart the country in principle, unless they obtain permission to change to another type of stay permit. For example, foreigners with student visas (D-2) who have taken a leave of absence, foreigners with investment visas (D-8) who have no business performance, and foreigners with non-professional employment visas (E-9) who have become unemployed are some examples of this. However, if there are humanitarian reasons, such as the foreigner being hospitalized, having industrial accident insurance, having an unpaid wage lawsuit, etc., the foreigner may be granted a delay of departure deadline after considering the necessity of maintaining or changing the current stay permit situation.
The head of a local immigration office can delay the departure deadline for foreigners who have received a decision denying the extension of their stay permit, have been advised to depart the country, have been ordered to depart the country, but have no ship to leave on, or have a clear inability to leave within the given period due to illness or other unavoidable reasons (Article 33 of the Immigration Control Act Enforcement Rules). A delay of departure deadline refers to a system in which a foreigner is allowed to delay the departure deadline only when there is no ship to depart or they are unable to leave due to illness or other unavoidable reasons, even though the foreigner wants to leave. Note that a departure order is subject to forced deportation, but if the person subject to the order chooses to leave voluntarily at their own expense, it is a disposition of a departure order. However, if a person who has received a departure order files a lawsuit against the departure order, they will be considered not to have the intention to leave and therefore not eligible for a delay of departure deadline. Therefore, if a lawsuit for cancellation of a departure order is filed, the administrative agency cannot provide emergency relief for the applicant, and the court or administrative litigation commission must make a decision on emergency relief.
Those who wish to receive a delay in departure must submit an application form for the delay, along with materials that prove the reasons for the delay, to the head of the local immigration office. The head of the local immigration office may delay the departure deadline until the period specified by the Minister of Justice, considering the expected number of departures and the ship schedule.
Those who have received an extension of the departure deadline have lost their previous Residence Status and do not have a new Residence Status, except for the obligation to fulfill their departure. Therefore, if they want to stay in Korea and have a legitimate Residence Status due to a new reason, it is necessary to review whether it falls under other reasons under Article 23 (Granting of Residence Status) of the Immigration Control Act. Those who have received an extension of the departure deadline are generally required to leave Korea, but a Residence Status can be granted only in cases where there are unavoidable reasons for staying in Korea. If an application for a Residence Status is made after the expiration of the departure deadline, a notification of punishment will be issued for the period of illegal stay from the expiration date of the departure deadline until the application for a Residence Status is granted.

■ Delay Departure Period
There is a system similar to the extension of the departure deadline called "Extension of Stay Permit for Departure". The head of the local immigration office can extend the stay period within 30 days for those who wish to temporarily stay in Korea for purposes such as domestic travel or preparing for their departure to their home country before settling their life in Korea, when their stay period is about to expire as a foreigner who has registered in Korea. Additionally, although it is generally not possible to extend the stay period for those who entered Korea with a tourist visa, they can be granted an extension of stay permit (up to 30 days) if there are unavoidable reasons. This means situations where there are no ships to leave the country due to flight cancellations or other unavoidable circumstances (such as accidents, illnesses, or other humanitarian reasons that could not be predicted at the time of entry).

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

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