Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Preparation of Invitation Letter and Identity Verification Details for Foreigner Invitations



▴Inviting a foreign spouse after an international marriage, ▴A foreigner residing in Korea inviting a family member, ▴A Korean employer inviting a foreign worker, ▴A business operator inviting a foreign buyer In case of invitation, ▴In some cases, the representative of a language institute invites a native speaking instructor. On the other hand, the short-term visit (C-3) visa required to invite foreigners for a short period of time is for a short-term stay ( It refers to a visa issued to a person who intends to stay within 90 days). When issuing a short-term visit (C-3) visa, you must prepare an invitation letter as well as invitation documents and an identity guarantee letter that guarantees your foreigner status. If necessary, the Minister of Justice can have a domestic inviter to guarantee the identity of the foreigner, in relation to visa issuance, visa issuance certificate issuance, entry permission, various stay permits, and extradition of immigration offenders.
In practice, it handles tasks such as requesting or omitting identity guarantees for each status of sojourn in accordance with the residency management guidelines. For example, for foreign professionals such as university professors and researchers, the identity guarantee is omitted. However, In case of foreign chefs or sales clerk among the special activity (E-7) qualifications, they are required to submit a letter of identification for fear of illegal stay or departure from the workplace.In addition, even for international students, if they cannot submit financial documents such as tuition and living expenses, they are required to submit an identity guarantee.


■ Points to Note When Inviting Foreigners for Short-term Visits
The visa is issued after a comprehensive examination in cases where a consul issues a visa, ▴whether the visa applicant possesses a valid passport, ▴whether or not he or she is subject to an entry ban, ▴whether the purpose of entry is valid for the status of sojourn, and ▴whether or not the applicant intends to return to his or her home country within the permitted period of sojourn. When inviting a foreigner with a short-term visit (C-3) visa, the necessary documents are: an invitation letter, a passport copy, a letter of identity, a copy of the inviter's business registration card or proof of employment, and a copy of the ID card. All submitted documents are valid for 3 months, and original documents must be submitted; but if false documents are submitted, visa issuance will be rejected (not allowed). Visa issuance at diplomatic missions abroad is subject to the Visa Issuance Guidelines of the Ministry of Justice, but the reasons for refusal (non-permission) are not disclosed to the invited person (foreigner) or domestic inviter in principle (months), and it is not possible to re-apply.
For reference, illegal aliens refers to all foreigners who have violated the Immigration Control Act, but in practice, it refers to foreigners who have exceeded the period of sojourn granted on a visa. Foreigners who violate the domestic laws of the Republic of Korea are restricted from entering the country for a certain period of time, depending on the degree of violation. Immigration authorities are reviewing whether or not to lift the entry restrictions in consideration of the safety and interests of the country after the entry restriction period has elapsed. For example, you can find out whether or not the entry restrictions are lifted for foreigners who have been deported and have been restricted from entry after being caught in a crackdown on simple illegal stay (employment) charges by inquiring at the Korean embassy (consulate) in your country of residence or applying for a visa.

■ Details of Identity Guarantee When Inviting Foreigners
The Minister of Justice may have the guarantor bear all or part of the expenses incurred in the stay, protection, and departure of the guaranteed foreigner. If there is concern about not bearing the above costs or if it is recognized that the purpose of the guarantee cannot be achieved only with the guarantee, the surety may be asked to deposit the amount of not more than 3 million won per foreigner guaranteed. If the guarantor fails to fulfill its guarantor responsibilities and thus becomes a burden on the national treasury, the Minister of Justice may exercise the right of indemnity against the guarantor.
The guarantor must have a certain relationship with the guaranteed foreigner, such as an invitational relationship, family relationship, employment relationship, and/or business relationship. In addition, a person domiciled in the Republic of Korea must prove that he or she has the capacity to guarantee. Here, a person with a domicile in the Republic of Korea includes not only nationals, but also registered foreigners and foreign-nationality Koreans who have completed a residence report. In the case of an institution or organization to which the guaranteed foreigner belongs, the head of the institution or organization becomes the guarantor. Since the warranty period of the identity guarantee is up to four years, if there is a need for an extension or if a new identity guarantor is established, a new identity guarantee procedure must be followed. The submission of the identity guarantee may be omitted for a person designated by the Minister of Justice, a government agency of the Republic of Korea, or a foreign country as a guarantor.
On the other hand, in practice, the withdrawal of identity guarantee can be the withdrawal of an invitation at the visa issuance stage, the termination of foreign employment, or the withdrawal of identity guarantee by a spouse in the event of a reason for not maintaining a continuous marriage relationship in a marital relationship. When there is no guarantor, the inviter's death, the invitation company's closure, or the death of a Korean spouse who is a marriage-related invitee can be cited. However, the legal nature of the withdrawal of the identity guarantee and the absence of the identity guarantor may be controversial. In other words, even if the identity guarantee is withdrawn, it is not necessary to revoke or change the existing permission, etc., and it is possible to have another person guarantee the identity. (Immigration Law Research Society, 『Immigration Control Act Made Easy』, Korea Immigration Foundation, 2018, p. 472.)

For example, for a foreign spouse who is married to a citizen, the identification of the spouse who is a citizen must be obtained to prevent unknown whereabouts due to fake marriage and runaway without permission. However, if there is an unavoidable reason, such as a national spouse who is not in Korea or lacks the capacity to guarantee, de facto supporters, siblings, or other cohabitants may provide identity guarantees. In addition, if a cause such as the death of a national spouse or the interruption of marriage, such as divorce, occurs during the period of marriage and cohabitation, a relative or a third person with guaranty capacity may also provide an identity guarantee.

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

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