Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Residence Status Issue in Korea following Divorce of Marriage Immigrants

The F-6 Marriage Immigrant Visa is for foreign nationals who have a valid marriage in South Korea and wish to continue their marriage life with a South Korean citizen, so if they get divorced, they cannot extend their stay under the F-6 visa category in principle. However, those who are in the process of divorce litigation with their spouse can stay under the F-6 visa category until the divorce is finalized.

■ Custody and Interview Negotiation Rights of Minor Children in South Korea
First, even if the foreign spouse is responsible for the divorce, the parents who are raising their minor children born of the marriage relationship (including common law relationships) with a South Korean citizen can change their visa status to a Child Custody F-6-2 visa or obtain an extension of their stay under the Child Custody F-6-2 visa category. In this case, the actual custody of the foreign spouse is verified, and the stay is extended every three years until the child reaches adulthood. The required documents for changing the visa status for child custody are as follows: application form, passport, alien registration card, one standard-sized photo, a basic certificate of the child's name and family relationship certificate if the child is a South Korean citizen, proof of family (consanguineous) relationship such as a birth certificate and genetic test report, and proof of child custody such as a judgment document. If the child is included in the family register of the local government, a copy of the family register should be submitted.
Secondly, foreign nationals who have divorced their Korean spouse and have a minor child with their ex-spouse can apply for a residency permit under the F-6-1 category. In addition to the documents required for the F-6-2 category, applicants must demonstrate their right to conduct an interview with their child and show that they have maintained regular contact with their child. The validity of the interview right is subject to review by the family court. If the interview right is limited or excluded, or if there is no regular contact with the child, the residency permit may be denied.
Thirdly, foreign nationals who have divorced their Korean spouse due to reasons beyond their control (such as the spouse's desertion, violence, or domestic discord) can apply for a residency permit under the F-6-1 category. In addition to the documents required for the F-6-2 category, applicants must submit proof that the divorce was primarily caused by the Korean spouse. Examples of such documents include a report of the Korean spouse's desertion, a medical certificate showing injuries caused by domestic violence, a decision by the prosecutor's office not to prosecute, a certificate from a recognized women's organization, a certificate from a relative within four degrees of kinship with the Korean spouse, or a certificate from the head of the village or town where the applicant lived when the marriage was dissolved.

■ Change of Stay Status to F-1-6 for Household Chores (F-1-6)
For individuals who have been separated from their spouse but do not qualify for the Stay Status for Separated Spouses (F-6-3), if they are unable to leave the country due to reasons such as property division and household chores, they may be granted an extension of stay within the range of 6 months (up to a maximum of 1 year) by changing their stay status to Household Chores (F-1-6). The required documents for submission include the Integrated Application Form, a passport, an Alien Registration Card, one photograph, proof of identity, a marriage certificate indicating the divorce, proof of inability to leave the country, and evidence of property division.

■ Issues Regarding Permanent Residency and Citizenship for Divorced Marriage Immigrants
As a person who holds marriage immigrant (F-6) residency status and has resided in Korea for more than two years, the following individuals are eligible to apply for permanent residency and citizenship: (1) those whose Korean spouse has died or has been declared missing by a court, (2) those who can prove that their divorce or separation was due to the fault of their Korean spouse, and (3) those who, despite the discontinuation of their marriage, are raising a minor child born of the marriage to their Korean spouse, have a good moral character, possess the necessary financial capacity, and possess the Korean language proficiency required to continue residing in Korea.

■ Residence Status in Korea for Marriage Immigrants Who Have Suffered from Domestic Violence
Domestic violence refers to acts that involve physical, mental, or property damage among family members. For spouses of Korean nationals who are undergoing legal proceedings, investigations by law enforcement agencies, or other legal remedies due to domestic violence, the extension of their residency period is allowed until the legal proceedings have concluded. However, even after the legal proceedings have concluded, if it is recognized that the victim needs to stay to recover from the harm, the extension of their residency period is still allowed. Required documents include a passport, an application form, family relationship certification, lawsuit-related documents, proof of legal remedies, and other documents deemed necessary for review.

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

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