Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Points-based Technology Start-up Visa (D-8-4)

The points-based technology start-up visa (D-8-4) is available to individuals who meet one of the following criteria: 1) have obtained a bachelor's degree or higher in South Korea and possess intellectual property rights or comparable technical skills; 2) have obtained a bachelor's degree or higher outside of South Korea and possess intellectual property rights or comparable technical skills; or 3) have been recommended by the head of a relevant central administrative agency and possess intellectual property rights or comparable technical skills. In this case, only those who have already obtained their degree will be recognized, and those who are scheduled to obtain it will be excluded.
Intellectual property rights refer to patent rights, utility model rights, and design rights, while comparable technical skills refer to the start-up ideas of foreign nationals selected for government support programs. In addition, applicants must establish a South Korean corporation and complete the registration of the corporation and business license. In this case, the term corporation refers to a newly established corporation, and it does not apply to cases where an existing corporation is acquired. Furthermore, according to the technology start-up points system, applicants must score 80 points or more out of a total of 368 points (with at least one mandatory item satisfied).


For example, a foreign student who has obtained a bachelor's degree from a South Korean university (5 points) and has passed the Korean language proficiency test (TOPIK) level 3 or higher (10 points), completed the OASIA-1 course (basic education on intellectual property rights ownership, 15 points) and OASIA-2 course (advanced education on intellectual property rights ownership, 25 points), and ranked first to third place in an invention/start-up competition (25 points), can score a total of 80 points and apply for the points-based technology start-up visa (D-8-4).
Note that the 'Start-up Immigration Integrated Support System (OASIS)' refers to a program operated by the 'Global Start-up Immigration Center,' jointly designated by the Minister of Justice and the Small and Medium Business Administration. The OASIA-1 course (15 points) provides basic education on intellectual property rights ownership and basic education on qualifications necessary for staying in South Korea. It is a total of 18 hours (2 weeks, 1 day, 2-3 hours) and issues a certificate of completion if attendance is 80% or more. The OASIA-2 course (25 points) provides advanced education on intellectual property rights ownership and advanced education on qualifications necessary for staying in South Korea. It is a total of 25 hours (3 weeks, 1 day, 2-3 hours) and issues a certificate of completion if attendance is 80% or more.

When applying for a technology startup visa (D-8-4), the required documents include the application form, a copy of the passport, alien registration card, one photo, a copy of the business registration certificate, a copy of the corporate registration certificate, a proof of all corporate registration details, a degree certificate, a recommendation letter from the head of a relevant central administrative agency, proof of score for relevant items in the point system (such as a copy of patent, utility model or design registration certificate for intellectual property rights registrants, or a certificate of patent application issued by the Commissioner of the Korean Intellectual Property Office for patent applicants, or a certificate of completion of the relevant item in the Entrepreneur Immigration Comprehensive Support System (OASIS) issued by the head of the Global Entrepreneur Immigration Center designated by the Minister of Justice), proof of residence, a lease agreement for office space, and proof of business performance and import/export performance.
In order for a holder of a technology startup visa (D-8-4) to apply for permanent residency (F-5), the following three requirements must be met: First, the applicant must have continuously resided in Korea for three years or more with a technology startup (D-8-4) visa as of the application date for permanent residency. Second, the applicant must have attracted 300 million won or more in investment from domestic or overseas investors, or have secured capital equivalent to this amount. If the sum of the investment and the capital of the corporation exceeds 300 million won, it will also be recognized. Third, the applicant must have continuously employed at least two Korean citizens in regular positions for six months or more prior to the application date for permanent residency.

Above, ① is for those who have completed basic education on intellectual property rights (OASIS-1), ② is for those who have completed advanced education on intellectual property rights (OASIS-2), ③ is for those who have completed entrepreneurship training (OASIS-4), ④ is for those who have completed entrepreneurship coaching and mentoring (OASIS-2) 5) Graduates, ⑤ winners of 1st to 3rd place in the Invention and Entrepreneurship Competition (OASIS-6), ⑥ graduates from the Startup Incubator (OASIS-7), ⑦ startup items of foreigners selected for government support projects recognized by the Minister of Justice (OASIS-9).
On the other hand, in the case of possession (registration), application, joint invention, and OASIS-6 and OASIS-9 of intellectual property rights, in the case of joint possession (registration), application, invention, and participation (selection) of 2 or more persons, the total number of points Only points divided by the number of points are counted. If there are two or more identical items, only one will be counted. For example, if there are 3 design applications, only 1 will be recognized and 10 points will be awarded.

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

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