Alien Registration and Other Related Matters
Alien Registration
- A foreign worker must file for alien registration with a head of the Immigration Service (hereinafter referred to as the “head of service”), a head of an immigration office (hereinafter referred to as the “head of office”), or a head of an immigration branch office (hereinafter referred to as the “head of branch office”) having jurisdiction over his/her place of stay within 90 days from the date of entry into Korea(Article 31 of the Immigration Act and Article 40 of the Enforcement Decree of the Immigration Act). If this is violated, such foreign worker shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10,000,000 won (Article 95 Subsection 7 of the Immigration Act).
Modification of Alien Registration
- If any of the following matters is modified after a foreign worker has filed alien registration, the foreign worker must report such modification to the head of the Immigration Service, the head of an immigration office, or the head of an immigration branch office having jurisdiction over his/her place of residence within 15 days (Article 35 of the Immigration Act, Article 44 Section 1 of the Enforcement Decree of the Immigration Act, and Article 49-2 of the Enforcement Rule of the Immigration Act).
1. Name, gender, date of birth, and nationality;
2. Passport number, date of issuance, and term of validity of his/her passport;
3. Commencement of employment if a foreign worker who falls under Working Visit (H-2) status is employed by an employer including an individual, institution, organization, or corporation for the first time; or
4. Change of employer including change of a relevant name if a foreign worker who falls under Working Visit (H-2) status has been already employed by an individual, institution, organization, or corporation.
※ In case of violation, such foreign worker will be subject to an administrative fine not exceeding 1,000,000 won (Article 100 Section 2 Subsection 1 of the Immigration Act).
Provision of Information such as Biometric information
- An individual aged 17 or older who is subject to alien registration or who intends to report on his/her abode in Korea shall provide information such as fingerprint of all fingers from both hands and photograph using informational technology device designated by immigration control officials at the time of alien registration or report on the place of residence in Korea. However, if a foreign worker who filed for alien registration or report on the place of residence in Korea before reaching age of 17, such foreign worker must provide information regarding fingerprint and photograph of within 90 days from the date on which he/she becomes 17 years of age (Article 38 Section 1 Subsection 1 of the Immigration Act and Article 50 Subsection 1 of the Enforcement Rule of the Immigration Act).
- The head of Immigration Service, the head of an immigration office, or the head of an immigration branch office may deny permission under the Immigration Act such as an extension of period of stay to a foreign worker who refuses to provide biometric information (Article 38 Section 2 of the Immigration Act).
Permission to Extend Period of Stay
- Any foreign workers under either Non-Professional Employment(E-9) Status or Working Visit(H-2) Status shall be given a period of stay within the range of 3 years( Every foreign worker who intends to continue to stay in excess of the permitted period of stay must apply for permission to extend his/her period of stay before the expiration of the permitted period of stay (Article 25 of the Immigration Act and Article 31 of the Enforcement Decree of the Immigration Act).
- An individual who intends to obtain permission to extend his/her period of stay must file an application for an extension of period of stay along with the relevant documents required based on each status of stay (Table 5-2 attached to the Enforcement Rule of the Immigration Act) with the head of the Immigration Control Office or its branch office having jurisdiction over his/her place of residence (Article 31 Section 1 of the Enforcement Decree of the Immigration Act).
※ If this is violated, such person will be subject to imprisonment with labor for not more than 3 years or a fine not exceeding 30,000,000 won (Article 94 Subsection 17 of the Immigration Act).
Permission to Modify or Supplement Workplace
Permission to Modify or Add a Workplace
- If a foreign worker staying in the Republic of Korea intends to modify or supplement a workplace within the scope of his/her status of stay, the foreign worker must obtain prior permission of the Minister of Justice pursuant to Article 26-2 of the Enforcement Decree of the Immigration Control Act (the main body of Article 21 Section 1 of the Immigration Act).
- An individual who intends to obtain permission to modify or supplement workplace must file an application for permission to modify or add a workplace along with the relevant documents(Table 5-2 attached to the Enforcement Rule of the Immigration Act) required based on the status of stay with the head of the Immigration Service, the head of an immigration office, or the head of an immigration branch office having jurisdiction over his/her place of stay (Article 26 Section 1 of the Enforcement Decree of the Immigration Act).
Report on Modification and Addition of a Workplace
- If an individual who has specialized knowledge, skill or ability satisfies the following qualifications, such individual may change or add his/her workplace by reporting to the Minister of Justice pursuant to Article 26-2 of the Enforcement Decree of the Immigration Control Act within 15 days of such workplace change or addition(the provisory clause of Article 21 Section 1 of the Immigration Act, Article 26-2 Section 1 of the Enforcement Decree of the Immigration Act, and the qualifications set forth in Article 26-2 Section 1 of the Enforcement Decree of the Immigration Act for foreigners to modify or supplement workplace only by reporting such change or addition).
1. Qualifications
√ An individual staying in Korea who has filed for alien registration under the following statuses: Professorship (E-1), Foreign Language Instructor (E-2), Research (E-3), Technology Transfer (E-4), Professional Employment (E-5), Arts & Performances (E-6), and Special Occupation (E-7); and
√ An individual qualified for engaging in activities at a workplace to be changed or added(i.e. a native English assistant teacher with E-2 status to have a university diploma or Bachelor's degree or higher)
2. Excluded Persons
√ An individual holding E-6-2 status under which he/she is allowed to engage in performance or entertainment activities at hotel business facilities or adult entertainment facilities among those holding Arts & Performances (E-6) status;
√ An individual engaging in the following occupations that require a prior management due to a limit on the number of permitted persons for each company or other reasons among those holding Special Occupation (E-7) status: mechanical engineering technician(2351), drafter(2395), online product salesperson among overseas salespersons(2742), designer(285), salesclerk(31215), chef and cook(441), customer service clerk(3991), hotel receptionist(3922), medical coordinator(S3922), aquaculture technician(6301), ship building welder(7430), skilled point-based worker〔root industry skilled technician(S740), agriculture, forestry, livestock and fisheries skilled technician(S610), general manufacturer's and construction company's skilled technician(S700)〕
√ An individual who is eligible to be qualified but has been dismissed or retired before the employment expires due to causes attributable to the person, and who has not received a letter of consent from the employer of his/her original workplace
- An individual who intends to obtain permission to change his/her workplace or add a workplace must file an application for permission to change or add a workplace along with the relevant documents(Table 5-2 attached to the Enforcement Rule of the Immigration Act) required based on the status of stay with the head of the Immigration Service, the head of an immigration office, or the head of an immigration branch office having jurisdiction over his/her place of stay (Article 26-2 Section 2 of the Enforcement Decree of the Immigration Act).
Reporting on Change of Place of Residence
- If a foreign worker who has filed for alien registration intends to change his/her place of residence, the foreign worker must report such change to the head of a Si/Gun/Gu (including a Gu which is not an autonomous Gu) or an Eup/Myeon/Dong in which the new residence is located, or to the head of the Immigration Service, the head of an immigration office, or the head of an immigration branch office having jurisdiction over the place of his/her new residence (Article 36 Section 1 of the Immigration Control Act and Article 45 Section 1 of the Enforcement Decree of the Immigration Act). If violated, a fine of not more than 1,000,000 won shall be imposed(Article 98-2 of the Immigration Control Act).
Possession of Passport and Alien Registration Card
- Every foreign worker staying in the Republic of Korea shall always possess his/her passport and alien registration card. When an immigration control official or an authorized public official demands a foreign worker to present his/her passport or alien registration certificate, the foreign worker must comply with such request (Article 27 of the Immigration Act). If violated, If violated, a fine of not more than 1,000,000 won shall be imposed(Article 98-1 of the Immigration Control Act).