Foreign Students
Entry inspection
- Issuing a visa does not allow the person to enter the Republic of Korea. A visa merely shows that the consulate recommended the person for entry approval in Korea. Therefore, the person shall submit his/her passport and disembarkation card under Article 15 of the “Immigration Control Act Enforcement Decree” to the immigration control official at the entry and departure port of Korea (refers to the entry and departure port under Article 2, Subparagraph 6 of the “Immigration Control Act” for entry evaluation (Article 12, Paragraph 1 of the “Immigration Control Act”).
※ A foreigner will be sentenced to up to five years of imprisonment or fined up to KRW 50 million if entering the nation without going through immigration (Article 93-3, Subparagraph 1 of 93 of the “Immigration Control Act”).
- On arrival at an entry and departure port in The Republic of Korea, a foreign student shall submit his passport and entry report to an immigration official, and answer his questions (the main sentence of Article 15 (1) of the Enforcement Decree of the Immigration Control Act). The immigration official shall permit entry after determining whether or not the following requirements are satisfied (Article 12 (1) & (3) of the Immigration Control Act, Article 15 (2) of the Enforcement Decree of the Immigration Control Act, and Article 19 of the Enforcement Rule of the Immigration Control Act).
1. The passport and the visa shall be valid: Provided that the visa is demanded only in cases where it is required in accordance with the Immigration Control Act;
2. An advance travel permit under Article 7-3(2) of the Immigration Control Act shall be valid
3. The object of entry shall comply with the status of sojourn;
4. The sojourn period shall be determined under the conditions as prescribed by an ordinance of the Ministry of Justice (Up to two years for study or training and up to 90 days for general short-term status);
5. The foreigner shall not be subject to prohibition or refusal of entry as prescribed in Article 11;
6. The foreigner shall not be subject to restriction of entry and departure; and
- When going through immigration, international students above 17 intending to enter Korea shall provide his/her personal information, such as the person’s fingerprint, face, iris, palm vein, etc. (hereinafter “biometrics”) through the information device designated by the immigration control official and cooperate in the ID confirmation procedure. However, if the international student cannot provide forefinger prints due to damage or other inevitable reasons, he/she shall provide a substitute fingerprint in the order of thumb, middle finger, or little finger (Article 12-2, Paragraph 1 of the “Immigration Control Act,” Article 19-2 of the “Immigration Control Act Enforcement Rules”).
· If the foreigner refuses to provide his/her biometrics, the immigration control official may not allow the foreigner to enter Korea (Article 12-2, Paragraph 2 of the “Immigration Control Act”).
Entry permission
- Upon granting entry permission to a foreigner after entry inspection, the immigration official shall stamp an entry inspection seal on the passport and entry and departure report or issue an entry certificate, and enter the permitted status and period of sojourn in the entry inspection seal and the entry certificate (Article 12.(5) of the 「Immigration Control Act」 and Article 15.(3) of the 「Enforcement Decree of the Immigration Control Act」).
Prohibition and refusal of entry
- A foreign student who falls under any of the following may be prohibited from entering the ROK (Article 11.(1) of the 「Immigration Control Act」):
1. Persons carrying infectious diseases, narcotic addicts, or other persons deemed likely to pose a danger to public health;
2. Persons who intend to enter the ROK illegally carrying firearms and guns, swords, explosives, etc. as prescribed by the 「Control of Firearms, Swords, Explosives, etc. Act」;
3. Persons deemed highly likely to commit any act detrimental to the interest of the ROK or public safety;
4. Persons deemed highly likely to commit any act detrimental to the economic or social order or to good morals;
5. Mentally handicapped persons who are void of a capacity of discriminating sense and have no person to assist in their sojourn activities in the ROK, persons who are void of bearing the sojourn expenses in the ROK, and other persons in need of relief;
6. Persons for whom five years have not elapsed after departure from the ROK under a deportation order;
7. Persons who have taken part in the slaughter or cruel treatment of people on grounds of race, ethnicity, religion, nationality, political opinion, etc. under instructions from or in liaison with the Japanese government, any government which was in alliance with the Japanese government, or any government on which the Japanese government exercised predominant influence from August 29, 1910 until August 15, 1945; and
8. Persons who correspond to any of 1 through 7 above and who are deemed by the Minister of Justice as persons whose entries are improper.
- If the home country of a foreign student who intends to enter the ROK refuses entry of a national of the ROK for any reason other than those referred above, the Minister of Justice may refuse the entry of such foreigner for the same reason (Article 11.(2) of the 「Immigration Control Act」).
Revocation and alteration of entry permission
- If a foreign student falls under any of the following, the entry permission 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 permission 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.