Extension of the sojourn period
Meaning of permission for an extension of the sojourn period
- A foreign student who intends to continue to sojourn past the permitted sojourn period shall obtain permission for an extension of the sojourn period before the original period expires (Article 25 of the 「Immigration Control Act」).
- The commissioner, officer, or local officer shall evaluate whether the foreigner meets the following qualifications for the residence period extension according to the above cases (Article 25, Paragraph 2 of the “Immigration Control Act,” Article 31-2, and Article 9-2 Subparagraph 1, 2, 3, 5, 6 of “Immigration Control Act Enforcement Rules”).
· Whether the foreigner holds a valid passport.
· Whether the foreigner is subject to entry prohibition or refusal under Article 11 of the “Immigration Control Act.”
· Whether the foreigner falls under the residence eligibility specified from Attached Table 1, 1-2, and 1-3 of the Enforcement Decree of the Immigration Act.
· Whether the foreigner may return to his/her homeland within the residence period under his/her residence eligibility.
· Whether the foreign falls under any other standards of each residence eligibility separately determined by the Minister of Justice under Attached Tables 1, 1-2, and 1-3 of the Enforcement Decree of the Immigration Act.
※ A foreign student who continues to sojourn after expiration of his original sojourn period without obtaining an extension may be deported from the ROK and shall be imprisoned with labor for not more than three years or fined up to KRW 20 million (Article 46.(1).8 and Subparagraph 17 of Article 94 of the 「Immigration Control Act」).
- If departure isrestricted without any cause attributable to foreign nationals due to border closuresor long-term suspension of flights as a result of wars, military conflicts, thespread of infectious diseases, natural disasters or emergencies, or crises equivalentthereto in the Republic of Korea or other countries, the Minister of Justicemay grant permission to extend the period of stay at the request of foreignnationals notwithstanding the provisions of other laws and regulations (Article25-5(1) of the Immigration Act.
Applicant
- The foreign student himself may apply for an extension of the sojourn period: Provided that if he is less than 17 years old, his parents, legal guardian, siblings, reference, or house mate may apply for him (Subparagraph 4 of Article 79 of the 「Immigration Control Act」 and Article 89.(1) of the 「Enforcement Decree of the Immigration Control Act」).
- The following persons may also apply for an extension of the sojourn period as a proxy for foreign students [Article 34 of the Enforcement Rule of the Immigration Control Act and Article 2 and Attached Table of the Regulation on Proxy Application for and Receipt of Various Sojourn Permits, Etc. (Minister of Justice Notice No. 2020-520 issued on December 19, 2020 and enforced on December 20, 2020)].
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Sojourn status
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Proxy
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Student (D-2)
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√ Employee of an ROK organization where the student received or is to receive education √ Individual or employee of an organization that pays the student's school expenses or sojourn expenses √ Student's family members (persons falling under the provisions of Article 779.1 of the Civil Code)residing in the ROK
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General trainee (D-4)
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√ Employee of an ROK organization where the trainee received or is to receive training √ Person who pays the trainee's training expenses or sojourn expenses √ Trainee's family members (persons falling under the provisions of Article 779.1 of the Civil Code)residing in the ROK
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General short-term (C-3)
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√ An employee of an organization, branch, etc. related to the concerned person's domestic activities √ Relative residing in the ROK, if the concerned person enters the ROK for tourism, passage, recuperation, visiting relatives, etc. (Person falling under each paragraph of Article 777 of the 「Civil Act」)
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Agency to apply to and documents to submit
- To receive an extension of stay, a written application and the following x-documents must be submitted to the head of service, the head of office, or the head of branch office (Article 25(1) of the Immigration Control Act, Article 31(1) of the Enforcement Decree of the Immigration Control Act, and Article 32(2), Subparagraph 7 of Article 76(2) and the attached Table 5-2 and the attached Form 34 of the Enforcement Rule of the Immigration Control Act).
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Sojourn period
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Documents to submit
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Student (D-2)
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1. Common documents √ Passport √ Foreigner registration certificate (Limited to cases where a foreigner registration is made) √ Copy of an airfare reserved for departure from the ROK (Limited to cases where the application is for permission for an extension of the sojourn period for departure)
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2. When enrolled in a regular program of education at a junior college or higher institution √ Proof of enrollment (It may be replaced with a confirmation letter on the status of a government-invited scholarship student or a recommendation letter from the advising professor if the student is writing a thesis for a master's or doctor's degree) √ Documents showing the applicant's place of sojourn
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3. When doing specific studies √ Document proving study activities √ Documents showing the applicant's place of sojourn
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General trainee (D-4)
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1. Common documents √ Passport √ Foreigner registration certificate (Limited to cases where a foreigner registration is made) √ Copy of an airfare reserved for departure from the ROK (Limited to cases where the application is for permission for an extension of the sojourn period for departure)
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2. When learning Korean at a language institute affiliated with a university or enrolled at an elementary, middle, or high school √ Proof of enrollment √ Documents showing the applicant's place of sojourn
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3. When receiving other types of training √ Proof (plan) of training or proof of enrollment √ Documents showing the applicant's place of sojourn
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General short-term (C-3)
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√ Passport √ Foreigner registration certificate (Limited to cases where a foreigner registration is made) √ Document explaining the need for extending the sojourn period
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※ Matters to consider
1. If any of the above documents can be verified by the joint administrative information database (Article 36.(1) of the 「Electronic Government Act」), the appropriate document may be omitted: Provided that, if the concerned student or his proxy does not agree to such verification, the concerned student or his proxy shall submit the appropriate document (Article 76.(3) of the 「Enforcement Rule of the Immigration Control Act」).
2. The head of service, head of office, or head of branch office may add or omit documents to be submitted as deemed necessary (Attached Table 5-2 of the Enforcement Rule of the Immigration Control Act).
3. If a 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」).
- Permission for an extension of the sojourn period shall be received if the sojourner temporarily stays for a trip in the ROK or other purposes or cannot depart from the ROK before expiration of his sojourn period because there is no ship, airplane, or other means of transportation for departure available or due to other such unavoidable reason (Article 25(1) of the 「Immigration Control Act」 and Article 32.(1) of the 「Enforcement Rule of the Immigration Control Act」).
Fee
- A fee of KRW 60,000 shall be paid when applying for an extension of the sojourn period (Article 87 of the 「Immigration Control Act」 and Subparagraph 6 of Article 72 of the 「Enforcement Rule of the Immigration Control Act」).
- Nevertheless, when applying for an extension of the sojourn period for departure from the ROK, no fee shall be charged (Article 32.(3) of the 「Enforcement Rule of the Immigration Control Act」).
- The Minister of Justice may exempt the fee if a foreigner whom the ROK government or one of the following institutions invited and for whom it pays school and other sojourn expenses applies for an extension of the sojourn period to engage in a sojourn activity that suits the purpose of student (D-2) or general trainee (D-4) status (Article 87 of the 「Immigration Control Act」 and Subparagraph 2 of Article 74.(1) of the 「Enforcement Rule of the Immigration Control Act」):
1. Government-invested research institution established as prescribed by the 「Act on the Establishment, Operation, and Fosterage of Government-Invested Research Institutions」;
2. Government-invested research institution in science and technology established as prescribed by the 「Act on the Establishment, Operation, and Fosterage of Government-Invested Research Institutions of Science and Technology」; and
3. Specific research institutions established as prescribed by the 「Support of Specific Research Institutions Act」
Screening and granting an extension of the sojourn period
- When an application for an extension of stay is received, the head of service, head of office, or head of branch office shall send the application along with his/her opinion to the Minister of Justice, and the Minister of Justice shall then review the application and relevant documents and decide whether or not to grant the extension (Article 25(1) of the Immigration Control Act, and Articles 31(3) and 33 of the Enforcement Decree of the Immigration Control Act).
- Should the Minister of Justice grant an extension, the head of service, head of office, or head of branch office shall imprint a stamp or affix a slip indicating the extension period in the applicant’s passport ; In cases in which the extension of stay is granted to a person who has completed foreigner registration, the extended period of stay shall be indicated on the foreigner registration certificate instead of the applicant’s passport (Article 25 of the Immigration Control Act and Article 31(3) of the Enforcement Decree of the Immigration Control Act).
The Minister of Justice shall, when he disapproves any application for an extension of the sojourn period, issue and deliver to the applicant a notice regarding disapproval of application for an extension of the sojourn period stating the deadline for departure. In such a case, the deadline for departure shall be prescribed to the extent of not exceeding 14 days from the date of such notice; provided, however, that the expiration date of the permitted sojourn period may, if deemed necessary, be the deadline for departure and further provided that such deadline for departure may be omitted if the applicant is allowed to stay with the status of sojourn already granted(Article 25 of the 「Immigration Control Act」 and Article 33 of the 「Enforcement Decree of the Immigration Control Act」).
Revocation and alteration of an extension of the sojourn period
- If a foreign student falls under any of the following, the extension of the sojourn period 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 extension was obtained by falsification or other unlawful means;
3. Where the conditions of the extension are violated;
4. Where any change in circumstances raises a grave cause to no longer maintain the extension 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.