Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Marriage Immigration (F-6) Visa

■ Eligibility for Marriage Immigration (F-6) Visa Application
According to the Immigration Control Act Enforcement Regulations, the following individuals are eligible to apply for a marriage immigration (F-6) visa: (1) a spouse of a Korean national, (2) a father or mother who is raising a child born to a Korean national from a marriage relationship (including a de facto relationship Common-law marriage is established when there is a subjective intention to be married and objectively, there is a recognizable entity of spousal cohabitation in terms of social norms and family order. For example, if a couple simply cohabitates and has a child without intending to marry, or if a married man with legal family ties cohabitates with another woman, a common-law marriage is not established.
), (3) a person who was residing in Korea with a Korean spouse but can no longer maintain a normal marriage relationship due to the death or disappearance of the spouse or other reasons for which they are not responsible. A single-entry visa with a stay of 90 days or less for spouses of Korean nationals (F-6-1) is issued at the discretion of the head of the overseas diplomatic mission. These individuals must obtain foreigner registration and an extension of stay permit from the local immigration office within 90 days of entry into Korea.
Meanwhile, those who wish to change their status to that of a spouse of a Korean national (F-6-1) must be residing in Korea legally after completing foreign registration. Therefore, short-term visa holders, illegal residents (including illegal entrants and those who use fraudulent passports), those with postponed departure deadlines, and general criminal offenders (excluding minor fines) are generally unable to change their status to that of a spouse of a Korean national (F-6-1) while in Korea. They must depart Korea and obtain a spouse of a Korean national (F-6-1) visa from a Korean embassy or consulate before re-entering. However, in cases where it is deemed necessary to change the status to that of a spouse of a Korean national (F-6-1) due to reasons such as pregnancy, childbirth, or child-rearing, it is possible to change the residency status while remaining in Korea.



Category
Criteria for Granting Detailed Code of Residence Status
F-6-1
(Spouse of a Korean)
Foreigners who have valid marriages in Korea and wish to stay in Korea to continue their married life with Koreans
F-6-2
(child rearing)
A father or mother who does not fall under ‘F-6-1’ but raises, or intends to raise, a minor child born in a marital relationship with a citizen (including a de facto marital relationship) in Korea.
F-6-3
(marriage break)
A person who is unable to maintain a normal marital relationship due to the death or disappearance of the spouse while staying in Korea while married to a national spouse, or other reasons for which he/she is not responsible


■ Criteria for Evaluation of Marriage Immigrant (F-6) Visa Issuance
❍ Invitation of Korean Spouse
First, the Korean spouse must submit an invitation letter and a certificate of identity.
Second, nationals of seven countries designated by the Minister of Justice are generally required to complete an international marriage guidance program when applying for a marriage immigrant visa with a Korean spouse.


The "International Marriage Guidance Program" is a three-hour education program that provides guidance on the culture, F-6 visa issuance procedures for marriage immigrants, and cases of international marriage fraud to Korean spouses who invite foreign nationals from seven countries (China, Vietnam, the Philippines, Cambodia, Mongolia, Uzbekistan, and Thailand) with relatively high divorce rates or who have acquired Korean nationality.
However, those who can prove that they have been in a romantic relationship with their marriage partner for more than six months in the foreign national's country of origin or a third country while continuing to reside with a long-term visa, those who can prove that the foreign national spouse has registered as a foreigner and has legally resided in Korea for more than 91 days while having a relationship with the inviting party, and those who require humanitarian consideration due to pregnancy, childbirth, or other reasons do not need to take the International Marriage Guidance Program. Since March 1, 2018, the Ministry of Justice has added one hour of human rights education to the International Marriage Guidance Program and is conducting education on respect for human rights between spouses, conflict resolution, and prevention of domestic violence. The International Marriage Guidance Program is operated at 15 immigration integration support centers in 15 provinces across the country, and the newly added human rights education is conducted by counselors specializing in marital issues.

Third, the sincerity of the marriage must be genuine, and the marriage must be voluntary based on the mutual consent of the sponsor and the marriage immigrant. In this case, the overall judgment will be made based on the circumstances of their relationship, the background leading up to the marriage, and whether the sponsor's family is aware of the marriage. If it is determined that the marriage is not genuine, the issuance of a marriage immigration visa may be denied. Additionally, documentation, such as call logs and photos that can prove the circumstances of their relationship, may be requested if necessary. In cases where the sponsor has been married within three months of the end of their previous marriage, as indicated in their marriage history, a fact-finding investigation will be conducted. However, this can be waived if the sincerity of the marriage is evident, such as in cases of pregnancy or childbirth.
Fourth, the marriage must be validly established in Korea in accordance with the laws of the host country. The contents and formal requirements of the international marriage are verified by reviewing the invitation and background statement. Generally, the evaluation of the domestic requirements for marriage is under the jurisdiction of the family registration office, so no separate evaluation is conducted if the marriage has already been reported. However, in cases where bigamy is suspected, relevant documents, such as proof of single status, marriage certificates, and marriage certificates with the Korean spouse, may be requested to verify the status of bigamy in the home country of the marriage immigrant.
Fifth, if the sponsor has invited another foreigner for the purpose of cohabitation within the last 5 years from the application date for the marriage immigrant visa, the visa issuance will be denied. However, if there are children born between the couple and the invited foreigner has entered the country within the last 5 years but received a court decision declaring the marriage invalid and it is clear that the marriage with that foreigner is not a shame marriage after undergoing an investigation, the overseas diplomatic office may exclude that invitation from the number of invitations. In addition, if the sponsor invites their previous spouse again, it will not be considered "another spouse" and will not be included in the number of invitations. Moreover, even if the visa issuance was denied or the invited foreigner did not enter the country after the visa issuance, it will be excluded from the number of invitations.

❍ Calculation Method for Income Requirement for Marriage Immigrant (F-6) Visa Issuance
The Marriage Immigration (F-6) visa is a visa that can be issued to a foreign national who is in a marital relationship with a Korean citizen. However, simply being in a marital relationship does not guarantee that the marriage immigration visa will be issued. The Korean spouse who is extending the invitation must meet certain income requirements, meaning that the person who is inviting a foreigner for the purpose of cohabiting in marriage must meet the annual income requirements (pre-tax) based on the number of household members that is announced by the Minister of Justice each year for the past year (as of the date of the visa application). For reference, the income requirements announced in 2019 must be met or exceeded.
Additionally, if the inviting party does not have any cohabiting family members, they are counted as a household of two, consisting of the inviting party and the foreign spouse. If the inviting party has immediate family members (such as underage children or parents from a previous marriage) who share the same household registration address, they are also included in the household count. For example, if A, who has acquired Korean citizenship, invites B, their underage child living abroad, to live with them, this would be interpreted as a household of three.

❍ Types of Recognized Income and Annual Income Conversion of Assets
Recognized income includes the sum of the invitee income from the past year, such as employment income, business income (including income from agriculture, forestry, and animal husbandry), rental income from real estate, interest income, dividend income, pension income, etc. In this case, regular and predictable income, such as ordinary income, is considered, and irregular income is excluded from the income calculation. However, even if the income requirement is not met, 5% of the invitee assets (such as deposits, insurance, securities, bonds, real estate, etc.) will be recognized as income.
In order to assess the stability of an individual's assets and prevent hidden income, only assets that have been held for more than six months since the acquisition date are recognized, and only net assets, excluding debts, are recognized. For example, if a two-person household, A, has an annual income of 15 million won and assets of 60 million won, the income can be increased by 300,000 won (5% of the assets of 60 million won) by adding the income conversion of 1,500 million won, resulting in a total income of 18 million won, satisfying the 2019 two-person household income requirement of 17,439,168 won. Additionally, if a two-person household, B, has an annual income of zero and assets of 400 million won, the income can be increased by 20 million won (5% of the assets of 400 million won) by adding the income conversion of zero won, resulting in a total income of 20 million won, satisfying the income requirement.

❍ Estimated Income Recognized for Health Insurance Premium Payers
If it is difficult to provide proof of income, it can be recognized for health insurance regional subscribers. The estimated annual income is the average health insurance premium for the last year divided by 3.035 multiplied by the number of months paid without any outstanding premium payments as of the marriage immigration visa application date. For example, if a health insurance premium payer pays 42,000 won per month, their estimated annual income is 16,606,260 won (42,000 ÷ 3.035 × 12 months). When estimating income based on health insurance premium payment, it is prohibited to aggregate it with other income, and the submission documents include health insurance premium payment confirmation and national health insurance qualification acquisition confirmation (issued by the National Health Insurance Corporation).

❍ Exemptions from the Income Requirement
The following are exempt from the income requirement: first, when the income or assets of the immediate family of the invitee who shares a resident registration address meet the income requirement; and second, when the income or assets of the marriage immigrant within the past year meet the income requirement in Korea. It is also possible to aggregate the income and assets of the invitee and their family. Therefore, even if the conversion amount of the income and assets of the invitee does not meet the income requirement, the income and assets of the immediate family of the invitee who share a resident registration address can be utilized.
Secondly, humanitarian reasons for exemption from income requirements may be applicable. This refers to cases where: (1) there are children born between the invitee and the marriage immigrant, (2) the invitee and the marriage immigrant have cohabitated for over one year in a foreign country and have had no domestic income over the past year, or (3) there are other special cases where the Minister of Justice recognizes the need for exemption from income requirements.
The invitee must provide information on their income and property status in the "Invitation Letter for Foreign Spouse" and submit evidence such as income-related certificates issued by the National Tax Service, property registration certificates, deposit certificates, employment certificates, and bank account copies. If the invitee is eligible for exemption from income requirements, they must submit evidence of the exemption reason.

❍ Compliance with the Invitee's Housing Requirements
When applying for a marriage immigrant visa, there must be a normal living space where the invitee and the marriage immigrant can reside together. The living space must be owned or leased by the invitee or the invitee's immediate family members (including the marriage immigrant) in the name of siblings. If it is owned or leased in the name of a third party, it will not be considered a secured living space. However, if it is a socially recognized place, such as a company-provided residence, it is acceptable. There is no specific standard for the size of the living space, but if it is difficult to consider it a place where couples can live together continuously, such as a guesthouse or motel, visa issuance may be denied after considering the number of rooms and the number of people living together, including the couple.

❍ Ability to Communicate Between Spouses
When applying for a marriage immigrant visa, both parties must prove that they can communicate in basic Korean or a language other than Korean. However, if there are children born between the spouses, an exception is made. In principle, if one of the following documents is submitted, it is considered that the communication requirement between spouses is met. This includes submitting a certificate of acquiring Korean language proficiency of TOPIK level 1 or higher by the marriage immigrant, submitting a completion certificate of a Korean basic course taken at a designated educational institution by the marriage immigrant, submitting proof of obtaining a Korean language-related degree from a university or graduate school by the marriage immigrant, or submitting a document proving that the marriage immigrant is a foreign national of the same nationality as that of the invitee.

❍ Required Documents for F-6 Marriage Immigrant Visa Application
The following documents are required for the F-6 Marriage Immigrant Visa application: a death certificate application form, passport, identity verification certificate, invitation letter for the marriage immigrant, marriage background statement, basic identification certificate of the inviter, proof of family relationship, resident registration certificate, marriage certificate, health diagnosis certificate, proof of income (issued by the National Tax Service), credit information inquiry certificate, withholding tax receipt (issued by the workplace), employment certificate, career certificate, bank transaction history, real estate registration certificate or lease agreement, proof of communication, etc.
Please note that if a marriage immigrant visa application has been rejected in the past, a reapplication is possible only after 6 months from the date of the rejection. However, if there are urgent circumstances, such as pregnancy or childbirth, that require entry into South Korea, exemption from the reapplication restriction requirement is possible if determined necessary by the overseas consulate. International marriage program participants must exchange information on their health status and criminal records with the inviter, and the visa can only be issued if both parties acknowledge and agree to this.

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

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