ENGLISH

- If a foreigner wishes to continue staying beyond their permitted duration, they must obtain a visa extension permit from the Minister of Justice according to the law before their stay period ends (Article 25(1) of the Immigration Act).

- The visa extension permit application must be made by the individual. However, if the applicant is under 17 years old and does not apply personally, their parents, de facto supporters, siblings, guarantor of identity, or other cohabitants become the applicant and must apply for the visa extension permit (Subparagraph 4 of Article 79 of the Immigration Act; Article 89(1) and (2) of the Enforcement Decree of the Immigration Act).

- Those wishing to obtain a visa extension permit must submit the extension of stay period application form with documents specified by their residence qualification to the Immigration Office head, office head, or branch office head before their stay period ends (Article 31(1) of the Enforcement Decree of the Immigration Act).

- To apply for a visa extension, you must make an online visit reservation to the Immigration and Foreigner’s Office, Immigration and Foreigner’s Branch Office, or their respective branch offices. However, foreigners such as pregnant women and disabled persons, as specified by the Minister of Justice, are not be required to make an online visit reservation (see Subparagraph 5 of Article 34-2 of the Enforcement Decree of the Immigration Act).

- When applying for a visa extension, a fee of KRW 60,000 is required. However, if you have a marriage immigrant visa (F-6), a fee of KRW 30,000 is sufficient (see Subparagraph 6 of Article 72 of the Enforcement Rules of the Immigration Act).

- No fee is required when applying for a visa extension for any of the following reasons (Subparagraph 8 of Article 2 of the Immigration Act; Article 32(1) and (3) of the Enforcement Rules of the Immigration Act):

- When granting a visa extension, there is a set maximum duration for the stay (see Article 37(1) of the Enforcement Rules of the Immigration Act).

- For those with a seasonal worker visa (E-8), the duration of their stay cannot exceed 8 consecutive months (see Article 37(2) of the Enforcement Rules of the Immigration Act).

- For those with a visit-employment visa (H-2), the duration of their stay must not exceed 3 consecutive years. However, for those who meet certain conditions set by the Minister of Justice such as employer recommendations, the duration can be extended without the total period exceeding 5 consecutive years (Article 37(3) of the Enforcement Rules of the Immigration Act).

- A person staying with a student visa (D-2) or their parent or spouse who has a visit-employment visa (H-2) cannot stay beyond the duration of the person with the student visa (D-2) (see Article 37(4) of the Enforcement Rules of the Immigration Act).

- The Immigration Office head, office head, or branch office head can extend the stay of a person whose permitted stay period is expiring under any of the following circumstances. However, if the extension exceeds 30 days, approval from the Minister of Justice is required (Article 32(1) of the Enforcement Rules of the Immigration Act):

- Those who wish to receive an extension of stay must apply for an extension of stay with supporting documents to the Immigration Office head, office head, or branch office head (Article 32(2) of the Enforcement Rules of the Immigration Act).

- The Immigration Office head, office head, or branch office head, or head of the immigration detention center (hereinafter “detention center head”) can postpone the departure deadline for a person who has received a notification of non-extension or a recommendation or order to leave the country, when it is clear that there are no ships, etc. for departure or because of illness or other unavoidable cause (Article 33(1) of the Enforcement Rules of the Immigration Act).

- Foreigners wishing to postpone their departure deadline must apply for postponement of the departure deadline with supporting documents to the Immigration Office head, office head, branch office head, or detention center head (Article 33(2) of the Enforcement Rules of the Immigration Act).

- Based on the review of the application documents, if it is deemed necessary to postpone the departure deadline, the Minister of Justice can set a specific period considering the expected number of departures and the circumstances of the ships, etc. In other cases, the deadline can be postponed until the cause is resolved (Article 33(3) of the Enforcement Rules of the Immigration Act).

- Foreigners who fall under any of the following can receive a cancelation or modification of their visa extension from the Minister of Justice (Article 89(1) of the Immigration Act).

- Foreigners residing in the Republic of Korea who engage in activities corresponding to a different residence qualification without obtaining prior visa modification permission from the Minister of Justice can be forcibly deported out of the Republic of Korea (Article 46(1)8 of the Immigration Act).

- Moreover, foreigners who commit the above violations can be sentenced to imprisonment for up to 3 years or fined up to KRW 30 million (Subparagraph 17 of Article 94 of the Immigration Act).