Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Other (G-1) Visa Status

■ Eligibility for G-1 Visa Status
G-1 visa status refers to a residence status that is available for foreigners who do not qualify for specific residence statuses but require a stay in the country due to humanitarian reasons. Eligible individuals for G-1 visa status are those who do not qualify for tourist (H-1) or visitation (H-2) visas, as well as for diplomatic (A-1) or marriage immigration (F-6) visas, and who are recognized by the Minister of Justice. Those recognized by the Minister of Justice include: ①those who are seeking or undergoing treatment for an industrial accident or their families, ②those who are undergoing treatment for illness or injury and their families, ③those who are involved in various legal proceedings, ④those who are mediating unpaid wages at a labor office, ⑤asylum seekers, ⑥humanitarian residence permit holders among those not recognized as refugees, ⑦those who require humanitarian consideration due to pregnancy, childbirth, etc., ⑧those who require humanitarian consideration due to sexual violence, and ⑨those who, due to national interest or humanitarian reasons, require a certain Period of Residence in the country that has been approved by the Minister of Justice. The maximum duration of stay for G-1 visa holders is one year, and if the need for further stay is recognized, they may apply for an extension of stay.

■ Required Documents for Changing to G-1 Visa Status
Firstly, those who have experienced an industrial accident and are undergoing an examination for compensation or reexamination, those who are hospitalized for treatment due to an industrial accident, those who have received approval for treatment from the Korea Workers' Welfare & Safety Corporation and are undergoing treatment, those who are undergoing treatment for the aftereffects of an industrial accident, and their family members (spouses and direct family members) can apply to change their visa status to G-1. Required documents include the application form, passport, one photograph, fees, application for compensation or reexamination, diagnosis certificate for hospitalization due to an industrial accident, proof of family relationships and guardianship (for family members only), and a certificate of the ability to maintain livelihood. The Period of Residence for the visa is one year, but it is until the completion of treatment and compensation for the industrial accident.
Secondly, among registered foreign nationals who require long-term treatment due to various diseases and accidents and who cannot maintain their existing residency status, as well as their families, and those who entered the country on a short-term visa and require long-term treatment due to various accidents, they may apply for a change of residency status to the "other" (G-1) category. Individuals who are recognized as requiring long-term treatment or care due to medical examinations conducted by medical institutions after entering the country on a short-term visa must obtain a residency status change permit under the "foreign patient" (G-1-10) category. Required documents include an application form, a passport, one photo, fees, a medical diagnosis certificate (medical opinion), proof of ability to cover treatment and living expenses, an identification guarantee, proof of family relationships (limited to spouses and direct family members), and a livelihood capability assessment certificate.
Thirdly, individuals who are involved in various civil lawsuits such as industrial accidents, claims for damages, and return of lease deposits, those who are engaged in various criminal proceedings (including those who have been released on bail and are undergoing trial through non-detention investigations, those who have been granted permission to provide bail and are undergoing trial, those who have received suspended sentences and are currently appealing or being reviewed), and those who are engaged in various domestic and administrative lawsuits may apply for a change of residency status to the "other" (G-1) category. Required documents include an application form, a passport, one photo, fees, a copy of the lawsuit, a copy of the legal structure decision, other documents that confirm the existence of claims, an identification guarantee, proof of family relationships and guardianship (limited to guardians and family members), and a livelihood capability assessment certificate. The residency permit is valid for up to six months.
Fourthly, individuals who have filed for mediation with the Ministry of Employment and Labor for unpaid wages or who have filed for mediation with the Ministry of Employment and Labor for unpaid wages but are currently involved in unresolved civil lawsuits may apply for a change of residency status to the "other" (G-1) category. Required documents include an application form, a passport, one photo, fees, a copy of the mediation document submitted to the Ministry of Employment and Labor, a confirmation of unpaid wages issued by the Ministry of Employment and Labor, an identification guarantee, and a livelihood capability assessment certificate. The residency permit is valid for up to six months.

Fifthly, individuals who are unable to leave the country immediately due to pregnancy, childbirth, or other humanitarian reasons may apply for a change of residency status to the "other" (G-1) category. Required documents include an application form, a passport, one photo, fees, a medical diagnosis certificate, and an identification guarantee. The residency permit is valid for one year.
Sixth, among foreign residents who have suffered human rights violations such as "forced prostitution, habitual assault and abuse, and serious crimes," those who are undergoing litigation or other remedial procedures to seek redress are designated as beneficiaries by the "Foreigners' Human Rights Protection and Promotion Council". These designated individuals may obtain a work permit for activities outside their status of residence under the E-7 visa category. In other words, if a foreign resident in Korea applies for legal remedies after suffering from crimes or other human rights violations, they may be granted a change of status of residence to the G-1 visa category. However, if they are designated as beneficiaries by the "Foreigners' Human Rights Protection and Promotion Council" at a local immigration office, they may be granted a work permit under the E-7 visa category. Required documents for this application include an application form, a passport, an alien registration card, fees, proof of litigation or other legal remedies, an employment contract, and a copy of the business registration certificate.

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

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