F-4 Immigration Status for Ethnic Koreans of Foreign Nationality
What is F-4 Immigration Status for Ethnic Koreans of Foreign Nationality?
- Ethnic Koreans of foreign nationality seeking to engage in activities in Korea can apply to the Minister of Justice for the F-4 immigration status for ethnic Koreans of foreign nationality (Paragraph 1 of Article 5 of the Act on the Departure/Entry and Legal Status of Overseas Koreans).
Requirements and Application
- Ethnic Koreans of foreign nationality seeking a visa for overseasKoreans must submit an Application for Issuance of Visa along with thefollowing x-documents to the Minister of Justice (Article 7(1) of theEnforcement Decree of the Immigration Act, Attached Table 5 and Attached Form17 of the Enforcement Rule of the Immigration Act).
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Classification
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Documents to be attached
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A person born with a Korean nationality who acquired a foreign nationality
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1. Certificate of records of family relations, deleted family census register, or proof of the applicant having been a Korean national 2. Proof of reason for having acquired a foreign nationality and the date of such acquisition 3. Document indicating that the applicant will not engage in the following activities during the period of stay, such as a certificate of tax payment or proof of income (applies to ethnic Koreans of foreign nationality from countries whose nationals are indicated by the Minister of Justice to be frequent illegal immigrants) √ Simple labor √ Activities contrary to good customs and social order √ Other cases in which it is necessary to restrict the employment of an individual for public benefit or the maintenance of order in the job market in Korea 4. Other x-documents recognized by the Minister of Justice as required
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A person who is a lineal descendant of an ancestor born with a Korean nationality who acquired a foreign nationality
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1. Proof of a direct ancestor having been a Korean national 2. Proof of reason for acquisition of a foreign nationality by the applicant and direct ancestor, and the date of such acquisition 3. Proof of relation of direct ancestor/descendant, e.g., birth certificate 4. Document indicating that the applicant will not engage in the following activities during the period of stay, such as a certificate of tax payment or proof of income (applies to ethnic Koreans of foreign nationality from countries whose nationals are indicated by the Minister of Justice to be frequent illegal immigrants) √ Simple labor √ Activities contrary to good customs and social order √ Other cases in which it is necessary to restrict the employment of an individual for public benefit or the maintenance of order in the job market in Korea 5. Other x-documents recognized by the Minister of Justice as required
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※ Countries with numerous cases of illegal residence notified by the Minister of Justice (Notice of Attached Documents, such as the Application for Issuance of Visa under Attached Table 5 of the Enforcement Rules of the Immigration Act)
· Ghana, Nigeria, Nepal, Mongolia, Myanmar, Bangladesh, Vietnam, Sri Lanka, Uzbekistan, Ukraine, Iran, Egypt, India, Indonesia, China, Kazakhstan, Kyrgyzstan, Thailand, Pakistan, Peru, Philippines (21 countries in total)
Range of Activities
- An ethnic Korean of foreign nationality who has been granted the F-4 immigration status is not restricted in his or her activities, with the exception of any of the following <Deleted> (Article 23(3) of the Enforcement Decree of the Immigration Act).
· In the case of simple labor. Provided that, a person recognized by the Minister of Justice for residing in or intending to work for a company in a population decreasing region under the Subparagraph 9 of Article 2 of the Special Act on Balanced National Development shall be excluded.
· Activities contrary to good customs and social order
· Other cases in which it is necessary to restrict the employment of an individual for public benefit or the maintenance of order in the job market in Korea
Period of Stay and Extension of Period of Stay
- Up to 3 years of stay is granted on a single occasion to a holder of F-4 immigration status. An ethnic Korean of foreign nationality seeking to stay in Korea beyond his or her approved period of stay can apply for an extension of period of stay (main sentence of Paragraphs 1 and 2 of Article 10 of the Act on the Departure/Entry and Legal Status of Overseas Koreans).
- However, an extension of the period of stay will not be granted in any of the following cases (Paragraph 2 of Article 5 and the proviso of Paragraph 2 of Article 10 of the Act on the Departure/Entry and Legal Status of Overseas Koreans and Paragraph 1 of Article 16 of the Enforcement Decree of the Act on the Departure/Entry and Legal Status of Overseas Koreans).
· When a male of Korean nationality for the purpose of evading military duty becomes a foreign national by acquiring a foreign nationality and renouncing his Korean nationality.
· When there is a risk of a threat to the interests of Korea, such as safety, order, public welfare, and diplomacy.
· When the Act on the Departure/Entry and Legal Status of Overseas Koreans or the Immigration Act is violated.
· When a sentence more severe than imprisonment is received
· In other instances indicated by the Minister of Justice through consultation with related governmental offices or organizations
- Any individual seeking an extension of the period of stay must submit the following documents to the head of an immigration office or its branch office (hereinafter referred to as the "head of an immigration office, etc.")(Article 16(3) of the Act on the Departure/Entry and Legal Status of Overseas Koreans, Article 31(1) of the Enforcement Decree of the Immigration Act and Subparagraph 6 of Article 76(2) and Attached Table 5-2 of the Enforcement Rule of the Immigration Act).
· Application for extension of period of stay
· Passport or alien registration card (if registered as a foreign national)
· Certificate of records of family relations or deleted family census register indicating the fact of renunciation or loss of Korean nationality (first-time applicants for an extension of period of stay only)
· Any individual applying for an extension of stay for the first time after December 29, 2005, must also, if between the ages of 18 and 38, submit proof that he/she has renounced or lost his/her Korean nationality (individuals who completed their military service, who are exempted from military service, or who are assigned to wartime labor service are excluded from this requirement).
· Proof of place of stay