Visas
Concept of visas
- Visas are recommendations by consuls for foreigners' applications for permission to enter the ROK.
- A foreigner intending to enter the ROK shall obtain a visa or foreigner entry permit in addition to a valid passport issued by his home country (Article 7.(1) and (3) of the 「Immigration Control Act」).
- Nevertheless, any foreigner who falls under any of the following may enter the ROK without a visa (Article 7.(2) of the 「Immigration Control Act」):
1. A person who obtains permission for reentry or who is exempted from permission for reentry, and who enters the country before the period of such permission or exemption expires; and
2. A person who is a national of the country which has concluded an agreement on the waiver of visas with the ROK, and who becomes an object of exemption under the convention
※ The countries that concluded agreements on the waiver of visas with the ROK are listed at the 『
Hi Korea(the main site of the electronic government for foreigners)』 site.
- A foreigner who does not hold a valid passport and visa when entering the ROK may be deported from the ROK (Article 46.(1).1 of the 「Immigration Control Act」), and shall be imprisoned with labor for not more than three years or fined up to KRW 20 million (Subparagraph 2 of Article 94 of the 「Immigration Control Act」).
Types of visas
- Depending on the number of possible entries, visas shall be categorized as single visas valid for only one entry into the ROK and multiple visas valid for two or more entries within the valid period of the visa (Article 8.(1) of the 「Immigration Control Act」). There are student (D-2), general trainee (D-4), general short-term (C-3), tourist (B-2), and other types of visas, depending on the domestic sojourn status (Articles 10 and 10-2 of the 「Immigration Control Act」, Article 12 and the attached Tables 1 and 1-2 of the 「Enforcement Decree of the Immigration Control Act」).
Sojourn statuses for foreign students
Student (D-2)
- A foreigner intending to sojourn in the ROK to pursue regular education programs or engage in specific studies at junior colleges or higher educational institutions or academic research institutes shall receive a student (D-2) visa (Articles 10 and 10-2 of the 「Immigration Control Act」, Article 12 and Subparagraph 5 in the attached Table 1-2 of the 「Enforcement Decree of the Immigration Control Act」).
General trainee (D-4)
- A foreigner intending to sojourn in the ROK for education or training or to engage in research at educational institutions other than educational institutions and academic research institutes falling under D-2 status, companies, organizations, etc., shall receive a general trainee (D-4) visa: Provided, that if he receives remuneration exceeding sojourn expenses from the training institute or meets the training conditions set by the Minister of Justice and receives training at a company, he shall receive a visa of a different type (e.g., short-term employment, research) (Articles 10 and 10-2 of the “Immigration Control Act,” Article 12 and Subparagraph 7 in the attached Table 1-2 of the 「Enforcement Decree of the Immigration Control Act」).
General short-term (C-3)
- If the planned training period is less than 90 days, a general short-term (C-3) visa can be obtained instead of a general trainee (D-4) visa (Articles 10 and 10-2 of the 「Immigration Control Act」, Article 12 and Subparagraph 4 in the attached Table 1 of the “Enforcement Decree of the Immigration Control Act”).
Visa issuance
Agency to apply to and documents to submit
- To obtain a visa, a foreigner shall submit a written application for a visa and the following documentation for the appropriate sojourn status to the head of the appropriate ROK diplomatic mission (Articles 7.(2).2 and 8.(3) of the 「Immigration Control Act」, Article 7 of the 「Enforcement Decree of the Immigration Control Act」, Article 76.(1).1 and attached Table 5 of the 「Enforcement Rule of the Immigration Control Act」):
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Visa type
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Documents to submit
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Student (D-2)
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1. For enrollment in a regular education program ·A written standard admission permit that includes decisions about evaluation of scholastic and financial abilities (issued by the president of the school or dean)
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2. For engagement in specific studies: ·Document proving the application is for research ·Most recent academic background certificate ·Personal reference or document proving finances
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General trainee (D-4)
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1. Students who learn Korean at language institutes affiliated with universities or exchange students for industrial-educational training through academic exchange agreements among universities. ·Proof of admission or enrollment ·Document proving finances (Certificate of incoming remittance or exchange of not less than USD 3,000) or a document on an academic exchange agreement between universities. ·Personal reference (Limited to cases where the trainee fails to prove his capability to pay necessary expenses during his sojourn such as school expenses or where the Minister of Justice deems it necessary)
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2. Students of foreign nationality enrolled at elementary, middle, and high schools ·Written admission permit ·Proof of enrollment or diploma ·Document proving finances
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3. Other types of training ·Document proving the application is for training ·Document on the establishment of the training institute ·Document proving finances - In cases where the training institute covers sojourn expenses, etc., a confirmation of the fact - In other cases, a certificate of incoming remittance or exchange of not less than USD 3,000 ·Personal reference (Limited to cases where the trainee fails to prove his capability to pay necessary expenses during his sojourn such as school expenses or where the Minister of Justice deems it necessary)
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General short-term (C-3)
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·None
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※ Matters to consider
1. Any of the above documents to submit that can be verified by the joint administrative information database (Article 36.(1) of the 「Electronic Government Act」) may be omitted (Article 76.(3) of the 「Enforcement Rule of the Immigration Control Act」).
2. In case where it is deemed necessary, the head of the appropriate diplomatic mission abroad, the head of the competent Immigration Office, the head of the competent branch office of the Immigration Office, or the head of the branch office of Immigration Office may add or omit x-documents to submit (Attached Table 5 of the Enforcement Rules of the Immigration Act).
3. If a personal reference is necessary, the head of an institute or organization where the foreign student belongs shall be a guarantor for him unless there is a special reason not to. The guarantee period shall be not more than four years (Article 90 of the 「Immigration Control Act」 and Article 77.(3) and (7) of the 「Enforcement Rule of the Immigration Control Act」).
Fee
- When applying for a visa, one of the following amounts shall be paid as a screening fee (Article 87 of the 「Immigration Control Act」 and Article 71.(1) of the 「Enforcement Rule of the Immigration Control Act」):
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Visa type
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Fee
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Single visa
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·Sojourn period of not more than 90 days: Amount corresponding to USD 40 ·Sojourn period of not less than 91 days: Amount corresponding to USD 60
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Multiple visa
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· Multiple visa for up to two entries: Amount corresponding to USD 70 · Multiple visa for unlimited entries: Amount corresponding to USD 90
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- When the head of the appropriate diplomatic mission abroad stipulates such, the fee may be paid in the currency of the appropriate country (Article 87 of the 「Immigration Control Act」 and Article 71.(3) of the 「Enforcement Rule of the Immigration Control Act」).
Screening and visa issuance
- Upon receipt of an application for a visa, the Minister of Justice or the head of the appropriate diplomatic mission abroad (limited to cases where the appropriate authority is delegated according to Article 9.(1) of the 「Enforcement Rule of the Immigration Control Act」) shall screen and confirm whether the applying foreigner meets the following conditions and issue a visa if no particular irregularity is found (Article 8.(3) of the 「Immigration Control Act」, Article 7 of the 「Enforcement Decree of the Immigration Control Act」, and Article 9-2 of the 「Enforcement Rule of the Immigration Control Act」):
1. Whether he has a valid passport;
2. Whether he is subject to prohibition or refusal of entry as prescribed in Article 11 of the 「Immigration Control Act」;
3. Whether he falls under any of the sojourn statuses prescribed in the attached Tables 1, 1-2, and 1-3 of the “Enforcement Decree of the Immigration Control Act;”
4. Whether he declares a purpose for entry that falls under any of the sojourn statuses prescribed in the attached Tables 1, 1-3, and 1-3 of the “Enforcement Decree of the Immigration Control Act;”
5. Whether he is recognized to return to his home country within the sojourn period granted according to the appropriate sojourn status; and
6. Whether he satisfies other conditions set by the Minister of Justice for each of the sojourn statuses under the attached Tables 1, 1-2, and 1-3 of the “Enforcement Decree of the Immigration Control Act”
Visa revocation
- If a foreign student falls under any of the following, the visa may be revoked (Article 89.(1) of the 「Immigration Control Act」):
1. Where the guarantor withdraws his personal reference or there is no guarantor;
2. Where it is found that the visa was obtained by falsification or other unlawful means;
3. Where the conditions of permission are violated;
4. Where any change in circumstances raises a grave cause to no longer maintain the permitted conditions; and
5. Where the violation against the 「Immigration Control Act」 or other Acts is serious, or any ex officio order issued by an immigration official is violated.
Issuance of a foreigner entry permit
Definition of a foreigner entry permit
- Foreigners intending to enter the ROK shall have a visa (Article 7.(1) of the「Immigration Control Act」): Provided that any national of a country that has no diplomatic relationship with the ROK (Four countries as of January 2010: Macedonia, Syria, Kosovo, and Cuba), or that is specified by the Minister of Justice after consulting with the Minister of Foreign Affairs, may enter the ROK holding a foreigner entry permit issued by the head of the diplomatic mission abroad, etc. (Article 7.(4) of the 「Immigration Control Act」).
Agency to apply to and documents to submit
- To obtain a foreigner entry permit, a written application for a visa along with the following documents shall be submitted to the head of a diplomatic mission abroad (Article 7.(4) of the 「Immigration Control Act」, Article 10.(2) of the 「Enforcement Decree of the Immigration Control Act」, and Articles 16 and 76.(1).1, and attached Table 5 of the 「Enforcement Rule of the Immigration Control Act」):
- Nevertheless, if a foreigner intends to enter without a foreigner entry permit from the head of a diplomatic mission abroad due to an urgent or unavoidable reason, he/she may apply for issuance of a foreigner entry permit from the head of the competent Immigration Office, the head of the competent branch office of the Immigration Office, or the head of the branch office of Immigration Office (Article 16(1) of the Enforcement Rules of the Immigration Act).
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Visa type
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Documents to submit (※ Same as those for visa application)
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Student (D-2)
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1. For enrollment in a regular education program ·A written standard admission permit that includes decisions about evaluation of scholastic and financial abilities (issued by the president of the school or dean)
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2. For engagement in specific studies: ·Document proving the application is for research ·Most recent academic background certificate ·Personal reference or document proving finances
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General trainee (D-4)
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1. Students who learn Korean at language institutes affiliated with universities or exchange students for industrial-educational training through academic exchange agreements among universities. ·Proof of admission or enrollment ·Document proving finances (Certificate of incoming remittance or exchange of not less than USD 3,000) or document on an academic exchange agreement between universities. ·Personal reference (Limited to cases where the trainee fails to prove his capability to pay necessary expenses during his sojourn such as school expenses or where the Minister of Justice deems it necessary)
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2. Students of foreign nationality enrolled at elementary, middle, and high schools ·Written admission permit ·Proof of enrollment or diploma ·Document proving finances
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3. Other types of training ·Document proving the application is for training ·Document on the establishment of the training institute ·Document proving finances - In cases where the training institute pays for sojourn expenses, etc., a confirmation of the fact - In other cases, a certificate of incoming remittance or exchange of not less than USD 3,000 ·Personal reference (Limited to cases where the trainee fails to prove his capability to pay necessary expenses during his sojourn such as school expenses or where the Minister of Justice deems it necessary)
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General short-term (C-3)
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·None
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※ Matters to consider
1. Any of the above documents that can be verified by the joint administrative information database (Article 36.(1) of the 「Electronic Government Act」) may be omitted (Article 76.(3) of the 「Enforcement Rule of the Immigration Control Act」).
2. In case where it is deemed necessary, the head of the appropriate diplomatic mission abroad, the head of the competent Immigration Office, the head of the Immigration Office, the head of the competent branch office of the Immigration Office, or the head of the branch office of Immigration Office may add or omit x-documents to submit (Attached Table 5 of the Enforcement Rules of the Immigration Act).
3. If a personal reference is necessary, the head of an institute or organization where the foreign student belongs shall be a guarantor for him unless there is a special reason not to. The guarantee period shall be not more than four years (Article 90 of the 「Immigration Control Act」 and Article 77.(3) and (7) of the 「Enforcement Rule of the Immigration Control Act」).
Fee
- When applying for a foreigner entry permit, one of the following amounts shall be paid as a screening fee (Article 87 of the 「Immigration Control Act」 and Article 71.(2) and Subparagraph 1 of Article 72 of the 「Enforcement Rule of the Immigration Control Act」):
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Issuing agency
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Fee
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Head of the appropriate diplomatic mission abroad
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·Amount corresponding to the screening fee for visa issuance
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Head of office or branch office
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·KRW 50,000
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- When the head of the appropriate diplomatic mission abroad stipulates such, the fee may be paid in the currency of the appropriate country (Article 71.(3) of the 「Enforcement Rule of the Immigration Control Act」).
Screening and issuance of a foreigner entry permit
- Once an application is received, the head of the appropriate diplomatic mission abroad, etc. shall issue a foreigner entry permit after acquiring approval from the Minister of Justice (Article 10.(3) of the 「Enforcement Decree of the Immigration Control Act」 and Articles 8.(1) and 16.(3) of the 「Enforcement Rule of the Immigration Control Act」).
Validity of a foreigner entry permit
- A foreigner entry permit shall be valid for three months and only one entry (Main sentence of Article 10.(4) of the 「Enforcement Decree of the Immigration Control Act」).
- An immigration official shall recover the entry permit when a foreigner who entered with a foreigner entry permit departs (Main sentence of Article 10.(5) of the 「Enforcement Decree of the Immigration Control Act」).
Issuance of a visa issuance certificate
Definition of a visa issuance certificate
- A foreigner who intends to receive a visa for study or training in the ROK may apply for issuance of a visa issuance certificate before issuance of a visa. If it is deemed essential, the Minister of Justice may issue a visa issuance certificate prior to issuance of a visa (Article 9.(1) of the 「Immigration Control Act」).
Persons qualified to receive a visa issuance certificate
- Persons qualified to receive a visa issuance certificate are as follows (Article 9.(3) of the 「Immigration Control Act」 and Article 17.(1) of the 「Enforcement Rule of the Immigration Control Act」):
1. Any national of a country that has no diplomatic relationship with the ROK or that is designated by the Minister of Justice after consulting with the Minister of Foreign Affairs;
2. Persons who fall under 4. artist (D-1) through 20. designated activities (E-7), 21. non-professional employment (E-9), 22. sailor (E-10), 23. visiting or joining family member (F-1), 24. resident (F-2), 25. accompanying family member (F-3), 26. overseas Korean (F-4), 30. others (G-1) and 29. working visit (H-2) among the sojourn statuses of the attached Table 1-2 of the “Enforcement Decree of the Immigration Control Act” and permanent resident (F-5) among those of the attached Table 1-3 of the same Decree; and
3. Other persons for whom the Minister of Justice deems it essential to issue a visa issuance certificate
Agency to apply to and documents to submit
- To receive a visa issuance certificate, the applicant or the person who intends to invite the foreign student shall submit a written application for a visa issuance certificate with the following documents to the head of office or branch office having jurisdiction over the domicile of the inviter (Article 9 of the 「Immigration Control Act」, and Articles 17.(2) and 76.(1).3 and attached Table 5 of the 「Enforcement Rule of the Immigration Control Act」):
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Visa type
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Documents to submit
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Student (D-2)
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1. For enrollment in a regular education program ·A written standard admission permit that includes decisions about evaluation of scholastic and financial abilities (issued by the president of the school or dean)
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2. For engagement in specific studies: ·Document proving the application is for research ·Most recent academic background certificate ·Personal reference or document proving finances
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General trainee (D-4)
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1. Students who learn Korean at language institutes affiliated with universities or exchange students for industrial-educational training through academic exchange agreements among universities. ·Proof of admission or enrollment ·Document proving finances (certificate of incoming remittance or exchange of not less than USD 3,000) or document on an academic exchange agreement between universities. ·Personal reference (Limited to cases where the trainee fails to prove his capability to pay necessary expenses during his sojourn such as school expenses or where the Minister of Justice deems it necessary)
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2. Students of foreign nationality enrolled at elementary, middle, and high schools ·Written admission permit ·Proof of enrollment or diploma ·Document proving finances
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3. Other types of training ·Document proving the application is for training ·Document on the establishment of the training institute ·Document proving finances - In cases where the training institute pays for sojourn expenses, etc., a confirmation of the fact - In other cases, a certificate of incoming remittance or exchange of not less than USD 3,000 ·Reference (Limited to cases where the trainee fails to prove his capability to pay necessary expenses during his sojourn such as school expenses or where the Minister of Justice deems it necessary)
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General short-term (C-3)
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·None
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※ Matters to consider
1. Any of the above documents that can be verified by the joint administrative information database (Article 36.(1) of the 「Electronic Government Act」) may be omitted (Article 76.(3) of the 「Enforcement Rule of the Immigration Control Act」).
2. In case where it is deemed necessary, the head of the appropriate diplomatic mission abroad, the head of the competent Immigration Office, the head of the Immigration Office, the head of the competent branch office of the Immigration Office, or the head of the branch office of Immigration Office may add or omit x-documents to submit (Attached Table 5 of the Enforcement Rules of the Immigration Act).
3. If a personal reference is necessary, the head of an institute or organization where the foreign student belongs shall be a guarantor for him unless there is a special reason not to. The guarantee period shall be not more than four years (Article 90 of the 「Immigration Control Act」 and Article 77.(3) and (7) of the 「Enforcement Rule of the Immigration Control Act」).
Screening and issuance of a visa issuance certificate
- Confirmation by the head of office or branch office
· Once an application for a visa issuance certificate is received, the head of office or branch office shall check whether the following issuance conditions are met and send the application and relevant documents to the Minister of Justice (Articles 9-2, 17.(3) and 17-3 of the 「Enforcement Rule of the Immigration Control Act」):
1. Whether he has a valid passport;
2. Whether he is subject to prohibition or refusal of entry as prescribed in Article 11 of the 「Immigration Control Act」;
3. Whether he falls under any of the sojourn statuses prescribed in attached Table 1 of the 「Enforcement Decree of the Immigration Control Act」;
4. Whether he declares a purpose for entry that falls under any of the sojourn statuses prescribed in attached Table 1 of the 「Enforcement Decree of the Immigration Control Act」;
5. Whether he is recognized to return to his home country within the sojourn period granted according to the appropriate sojourn status; and
6. Whether he satisfies other conditions set by the Minister of Justice for each of the sojourn statuses under attached Table 1 of the 「Enforcement Decree of the Immigration Control Act」
- Screening by the Minister of Justice and issuance of a visa issuance certificate
· If the Minister of Justice deems issuance of a visa appropriate as a result of screening, he shall issue a visa issuance certificate as an electronic document according to the regulations of the 「Electronic Government Act」and send it to the head of the appropriate diplomatic mission abroad. The details of the visa issuance certificate including the visa issuance certificate number shall be sent to the inviter without delay: Provided that, if a visa issuance certificate cannot be sent in an electronic format due to non-existence of an immigration control information system at the diplomatic mission abroad or other unavoidable reason, the inviter shall directly receive the certificate (Article 9 of the 「Immigration Control Act」 and Articles 17 and 17-3.(1) of the 「Enforcement Rule of the Immigration Control Act」).
- When the inviter of a foreign student intends to apply for a visa issuance certificate as a proxy for the student, a visa issuance certificate may not be issued if the inviter falls under any of the following (Article 9.(2) of the 「Immigration Control Act」 and Article 17-3.(2) of the 「Enforcement Rule of the Immigration Control Act」):
1. Aperson for whom 3 years have not passed since the date on which the executionof a person is exempted after being sentenced to imprisonment or higher, orsince the date on which the sentence of probation of execution of a sentence ofimprisonment or higher is confirmed, or since the date of payment of the fineor penalty after being punished by a fine of 5 million won or more or receivinga notification of a penalty of 5 million won or more in violation of Article7-2, Article 12-3, 18(3) through (5), Article 21(2) or Article 33-3(1) of theImmigration Act (however, the Minister of Justice may set a period of less than3 years in consideration of the risk of recidivism, the motives andconsequences of violating the law, and other normalities).
2. Within one year after the international student paid fines up to KRW 5 million or received penalty notification dispositions of up to KRW 5 million, due to breaching Rules under Articles 7-2, 12-3, Article 18, Paragraph 3 to 5, Article 21, Paragraph 2 or Article 33-3, Subparagraph 1 of the “Immigration Control Act” (however, the Attorney General may reduce the period to under one year by considering the risk of a second conviction, law violation motivation, and result, or other extenuating circumstances).
3. A person for whom 3years have not passed since the date on which the execution of a person isexempted after being sentenced to imprisonment or higher, or since the date onwhich the sentence of probation of execution of a sentence of imprisonment orhigher is confirmed in violation of Act on the Punishment of Arrangementof Commercial Sex Acts, Etc., Act on Special Cases Concerning Regulation andPunishment of Speculative Acts, Etc., and Narcotics Control Act.
4. Within three years after being free from or finishing the execution of imprisonment without labor or a heavier punishment due to infringing the “Labor Standards Act.”
5. The inviter invited no fewer than 10 foreigners according to Article 9 (2) of the Immigration Control Act during the last one year from the application date, and a majority of the invited foreigners were sojourning illegally
6. The inviter neglected the report obligation not less than twice under Article 19 or 19-4 of the 「Immigration Control Act」 during the last one month from the application date; and
7. A person for whom 5years have not passed since the date on which the execution of a person isexempted after being sentenced to imprisonment or higher in violation ofArticle 8 of the Act on Special Cases Concerning the Punishment, Etc. of SexualCrimes or the Sexual Violence Prevention and Victims Protection Act
8. Any other case that falls under Subparagraphs 1 to 7 above and is specified by the Minister of Justice.
Validity of a visa issuance certificate
- A visa issuance certificate shall be valid for three months and only one entry: Provided that, if the Minister of Justice deems it necessary, the term of validity may be set for a different term (Article 18 of the 「Enforcement Rule of the Immigration Control Act」).
- When an application for issuance of a visa is made to the head of the diplomatic mission abroad with ① a visa issuance certificate number on the visa application when the details of a visa issuance certificate including the visa issuance certificate number is notified according to Article 17.(4) of the 「Enforcement Rule of the Immigration Control Act」or with ② a visa issuance certificate attached to the visa application when a visa issuance certificate is received according to Article 17.(5) of the 「Enforcement Rule of the Immigration Control Act」, the head of the diplomatic mission abroad shall issue a visa accordingly despite Article 8 of the 「Enforcement Rule of the Immigration Control Act」(Article 17-2.(1), (2) & (3) of the 「Enforcement Rule of the Immigration Control Act」).
- When applying for a visa with a visa issuance certificate attached, the visa issuance certificate shall be collected as per its instruction once a visa is issued (Article 17-2.(4) of the 「Enforcement Rule of the Immigration Control Act」).
Revocation and alteration of a visa issuance certificate
- If foreign students fall under any of the following, the issuance of a visa issuance certificate may be revoked or altered (Article 89.(1) of the 「Immigration Control Act」):
1. Where the guarantor withdraws his personal reference or there is no guarantor;
2. Where it is found that the visa was obtained by falsification or other unlawful means;
3. Where the conditions of permission are violated;
4. Where any change in circumstances raises a grave cause to no longer maintain the permitted conditions; and
5. Where the violation against the 「Immigration Control Act」 or other Acts is serious, or any ex officio order issued by an immigration official is violated.