Overview of foreigner registration
Meaning of foreigner registration
- The ROK government has in place a foreigner registration system to know the status of foreigners sojourning for long periods in the country and provide various conveniences to them. Under the system, foreign students sojourning in the ROK in excess of ninety days should complete foreigner registration and receive a foreigner registration certificate.
- A foreigner registration certificate can be used as an identification card in the ROK.
Subjects of foreigner registration
- Any alien who stays in the Republic of Korea in excess of 90 days from the date of entry shall complete alien registration with the head of the relevant Immigration Service (hereinafter referred to as the “head of service”), head of its office (hereinafter referred to as the “head of office”), or head of its branch office(hereinafter referred to as the “head of branch ”) having jurisdiction over the alien’s district of residence; registration shall be completed within 90 days of entry in order for the applicant to receive a certificate of alien registration (Article 31(1) and the main body of Article 33(1) of the Immigration Control Act).
- An alien registration certificate may not be issued if a foreign student is under 17 years of age. He may apply for an alien registration certificate once he becomes 17 years of age (Proviso of Article 33(1) of the Immigration Control Act).
※ A foreign student who violates the above and does not make a foreigner registration may be deported from the ROK and shall be imprisoned with labor for not more than one year or fined up to KRW 10 million (Article 46.(1).12 and Subparagraph 7 of Article 95 of the 「Immigration Control Act」).
Matters to be registered by foreigners
- Details to be reported in registration by a foreigner shall be as follows (Article 32 of the 「Immigration Control Act」 and Article 47 of the 「Enforcement Rule of the Immigration Control Act」):
1. Name, sex, birth date, and nationality;
2. Number, issue date, and valid term of the passport;
3. Workplace and position or duties;
4. Address in his home country and sojourn residence in the ROK;
5. Status and period of sojourn;
6. Entry date and port;
7. Visa-related matters;
8. Matters on accompanying persons;
9. Business registration number
Undergoing fingerprinting and facial scanning, etc.
- Persons liable for foreign registration (excluding those intending foreign registration under Article 38, Paragraph 2 of the “Immigration Control Act”), and persons planning to implement domestic residence report under the“Act on the Immigration and Legal Status of Overseas Koreans” 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, suppose the person completed the foreign registration or domestic registration report before turning 17. In that case, he/she shall provide fingerprint and facial information within 90 days after the day he/she turns 17 (Article 38, Paragraph 1, Subparagraph 1 of the “Immigration Control Act,” Article 50, Subparagraph 1 of “Immigration Control Act Enforcement Rules”).
- Foreigners refusing to provide his/her biometrics information may result in the head of a Local Immigration Office’s refusal to grant permission, such as an extension of the period of stay, under 「Immigration Act」 (Article 38(2) of 「Immigration Act」).
Foreigner registration procedures
Applicant
- The foreign student himself may apply for foreigner registration: Provided that, if he is less than 17 years old, his parents, legal guardian, siblings, personal reference, or house mate may apply for him (Subparagraph 5 of Article 79 of the 「Immigration Control Act」 and Article 89 of the 「Enforcement Decree of the Immigration Control Act」).
- In addition, the following persons may also apply for an extension of the sojourn periodas 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.).
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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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Agency to apply to and documents to submit
- To complete an alien registration, the applicant shall submit a written application for alien registration and the following documents to the head of a Regional Immigration Service (Article 31 of the Immigration Control Act, Article 40 of the Enforcement Decree of the Immigration Control Act, and Subparagraph 6 of Article 76(2) and the attached Table 5-2 of the Enforcement Regulation of the Immigration Control Act).
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Sojourn status
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Documents to submit
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Student (D-2)
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·Passport ·One 3.5 × 4.5cm color photo ·Proof of enrollment
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General trainee (D-4)
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·Passport ·One 3.5 × 4.5cm color photo ·Proof of enrollment (When learning Korean in a language institute affiliated with a university or being enrolled at an elementary, middle, or high school) ·Document on the establishment of the training institute (when receiving other types of training)
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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. The head of service, head of office, or head of branch may add or omit required documents for submission 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」).
※ The address and contact number of the Immigration Office or its branch office is at this [
link].
Fee
- When applying for foreigner registration, a fee of KRW 30,000 shall be paid (Subparagraph 10 of Article 72 of the 「Enforcement Rule of the Immigration Control Act」).
Issuance of a foreigner registration certificate
- Once an alien registration has been completed, the head of a Regional Immigration Service shall assign the applicant a unique registration number, enter it into the alien register, imprint the applicant’s passport with a stamp indicating the completion of alien registration, and issue an alien registration certificate (Articles 31(5) and 33(1) of the Immigration Control Act, and Article 41 of the Enforcement Decree of the Immigration Control Act).
Issuance of mobile foreigner registration certificate
- A foreigner who has been issued a foreigner registration certificate may apply to the head of a Local Immigration Office for a mobile foreigner registration certificate, which has the same effect as a foreigner registration certificate (Article 33(6) of 「Immigration Act」).
- A person who intends to obtain a mobile foreigner registration certificate shall submit an application for a new mobile foreigner registration certificate (attached Form 34-9 of 「Enforcement Rule of the Immigration Act」) to the head of an Immigration Office, the head of an office or the head of a branch office having jurisdiction over the place of stay and present a passport or foreigner registration certificate (including a permanent resident certificate) (main sentence of Article 48-2(1) of 「Enforcement Rule of the Immigration Act」).
- The mobile foreigner registration certificate is valid until the expiry date of the period of stay (or the expiry date of the permanent residence certificate in the case of a mobile foreigner registration certificate). It can only be issued to one of the mobile terminal devices used by the foreigner, and contains the same information as the foreigner registration certificate (Paragraphs 2 and 3 of Article 48-2 of 「Enforcement Rule of the Immigration Act」).
Validity of a foreigner registration certificate
- With regard to foreigner registration certificates, any person shall be prohibited from committing any of the following acts (Article 33-2 of the 「Immigration Control Act」):
1. Being provided with, coercing, or arranging for any foreigner to provide his passport or alien registration certificate as a condition for entering a contract for a job or for the fulfillment of an obligation;
2. Generating a bogus foreigner registration number for the purpose of using or arranging it in the interest of his or another person's goods or property;
3. Passing on a program that creates foreigner registration numbers or mobile foreigner registration certificate to a third person, spreading such program to other persons, or arranging to passing on or spreading such program to other persons;
4. Fraudulently using a third person's foreigner registration certificate or mobile foreigner registration certificate, providing his or her own foreigner registration certificate to a third person, knowing that it will be used fraudulently, or arranging to provide such certificate, respectively;
5. Fraudulently using a third person's foreigner registration certificate or arranging to fraudulently use a third person's foreigner registration certificate, for his or her own or a third party's interest in goods or property.
※ Any person who commits any of the acts above shall be imprisoned with labor for not more than three years or fined up to KRW 30 million (Subparagraph 19 of Article 94 of 「Immigration Act」).
- If a foreign student ① leaves the country, ② becomes a national of the ROK, or ③ dies, his foreigner registration certificate shall be returned, except in any of the following cases (Article 37.(1)&(2) of the 「Immigration Control Act」 and Article 46.(2) of the 「Enforcement Decree of the Immigration Control Act」):
1. Where a foreign student who obtained reentry permission intends to enter again within the permission period after a temporary departure; and
2. Where a foreign student who holds a multiple visa, or who is a national of a country that is the object of exemption from reentry permission, intends to enter again within the permitted sojourn period after a temporary departure.
※ Any person who violates the obligation to return a foreigner registration certificate shall be charged a fine for negligence not exceeding KRW 1 million (Article 100.(2).1 of the 「Immigration Control Act」, Article 102 of the 「Enforcement Decree of the Immigration Control Act」, and Subparagraph 4 of attached Table 2 of the 「Enforcement Decree of the Immigration Control Act」).
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Obligation to carry and present a foreigner registration certificate, etc.
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Any foreign student sojourning in the ROK shall carry his/her passport, foreigner registration certificate, mobile foreigner registration certicicate, or foreigner entry permit at all times: Provided, That the same shall not apply to any foreigner under 17 years of age. A foreign student shall present his/her foreigner registration certificate, etc. whenever an immigration control official or a competent public official demands such in carrying out his/her duties (Article 27 of 「Immigration Act」). ※ A violation of this obligation shall be punishable by a fine of up to KRW 1 million (Subparagraph 2 of Article 98 of 「Immigration Act」).
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Change in foreigner registration matters
Report on change in foreigner registration matters
- A foreign student shall report any changes to the following to the head of an Immigration Office, the head of an office or the head of a branch office having jurisdiction over the place of stay within 15 days of the said change by submitting a written report of the change in foreign registration along with the foreigner registration certificate and the passport (Article 35 of 「Immigration Act」, Article 44(1) of 「Enforcement Decree of the Immigration Act」, and Article 49-2 of 「Enforcement Rule of the Immigration Act」).
1. Name, sex, birth date, and nationality;
2. Number, issue date, and valid term of the passport; and
3. Alterations in Affiliated Organization or Association (include changed name)
4. Changes in School Attendance under Article 47, Subparagraph 4 of the “Immigration Control Act Enforcement Rules.”
- International students shall attach one photo on the application to reissue his/her foreign registration certificate and submit this to the resident area’s competent commissioner, officer, or local officer. The international student shall pay KRW 30 thousand for the foreign registration reissuance fee (Paragraphs 1 and 2 of Article 42 of the “Immigration Control Act Enforcement Decree” and Article 72, Subparagraph 10 of the “Immigration Control Act Enforcement Rules”).
- Upon receipt of a report of changes in foreigner registration, the head of service, head of office, or head of branch shall update the registered foreigner card and reissue a certificate of foreigner registration and notify the changes in foreign registration to the head of Si/Gun/Gu or Eup/Myeon/Dong where the foreigner stays (Article 44(2) of the Enforcement Decree of the Immigration Control Act).
※ A foreigner registration certificate may be reissued in any of the following cases (Article 42.(1) of the 「Enforcement Decree of the Immigration Control Act」):
1. Where the certificate of foreigner registration is lost;
2. Where the certificate of foreigner registration is too worn-out to be usable; or
3. Where there remain insufficient columns for entry in the foreign registration certificate
4. The student obtained permission for change of status of sojourn
5. The student filed a report of change of matters in foreign registration regarding the name, sex, date of birth, or nationality.
6. There exists a need to renew foreign registration certificates to prevent falsification or for other purposes.
Report on change in the sojourn residence
- In case where the foreign student changes his/her place of stay, the registered foreign student or the agent of the foreign student shall file a moving-in report by submitting a residence transfer declaration, lease agreement, sales contract, and other documents designated by the Minister of Justice as evidence of a change of place of stay along with the foreigner registration certificate with the head of the Si/Gun/Gu or Eup/Myeon/Dong where the new place of stay is located, or with the head of an Immigration Office, the head of an office or the head of a branch office having jurisdiction over the place of stay within 15 days after moving in (Paragraphs 1 and 2 of Article 36, Subparagraph 7 of Article 79 of 「Immigration Act」, former part of Article 45(1), Article 89 of 「Enforcement Decree of the Immigration Act」, and Article 49-3(2) of 「Enforcement Rule of the Immigration Act」).
※ In this case, the foreign student or his/her agent may file a moving-in report through the information network system determined by the Minister of Justice (latter part of Article 45(1) of 「 Enforcement Decree of the Immigration Act」).
- Upon receipt of a moving-in report, the head of a Si/Gun/Gu or Eup/Myeon/Dong, or the head of an Immigration Office, the head of an office or the head of a branch office shall enter changed descriptions in the foreigner registration certificate and deliver it to the reporting person after placing a stamp confirming the report on the change of the place of stay (Article 36(2) of 「Immigration Act」 and Article 45(2) of 「Enforcement Decree of the Immigration Act」).
- Foreigners who hold a mobile foreigner registration certificate may opt to use the electronic civil petition window for updating their place of stay on their mobile foreigner registration certificate instead of their physical certificate, as permitted under Article 12-2 of 「Civil Petitions Treatment Act」 (Article 36(8) of 「Immigration Act」).
Issuance of a fact-certification on foreigner registration
In the event that a resident registration card or certified copy or abridged copy of the resident registration is required to execute various procedures and transactions, etc. as provided for in Acts and subordinate statutes such as real estate transactions, a foreigner registration certificate or a fact-certification on foreigner registration shall suffice. A fact-certification on foreigner registration may be issued as follows:
Applicant
- Persons who can apply for a fact-certification on foreigner registration are as follows (Article 88.(2) of the 「Immigration Control Act」 and Article 75.(2)&(3) of the 「Enforcement Rule of the Immigration Control Act」):
1. Applicant himself, his legal representative, or person delegated by him;
2. Any one of the following persons when the applicant is unable to express his intention due to his being missing, death and other reasons or when a fact-certification on foreigner registration is explicitly considered to be used for the benefit of the applicant:
√ Spouse of the applicant;
√ Direct ancestor or descendent or sibling of the applicant; or
√ Direct ancestor or descendent or sibling of the spouse of the applicant (only applicable when the applicant spouse is dead, and not applicable when there is any living direct ancestor or descendent or sibling of the applicant)
3. Person who hired the foreign applicant or the person's proxy if the applicant left the nation permanently;
4. Creditor if the creditor wishes to get a fact-certification on foreigner registration issued in any one of the following cases:
√ When the creditor wins in a litigation concerning his or her debtor-creditor relationship;
√ When a financial institution defined in Appendix 2-(3) of the 「Enforcement Decree of the Resident Registration Act」needs a fact-certification on foreigner registration for its collection of overdue loans; or
√ When the creditor has a debtor-creditor relationship with the applicable foreign worker (limited to only a case when the loan becomes due and repayable for reasons like lapse of time or forfeiture of benefit of time, and not applicable when the amount of the loan is less than one million won)
5. Other persons deemed necessary by the Minister of Justice for public interest.
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Applicant
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Document to submit
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Applicant
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·Identification
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Proxy
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·Power of attorney ·Copy of the delegated person's identification ·Proxy's identification
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Spouse or direct ancestor or descendent of the applicant (When it is deemed that the applicant cannot express his intention due to his being missing, death, and other reasons)
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·Document proving family relations ·Applicant's identification ·Document that clarifies the concerned fact
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Person who hired the applicant or his proxy
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·Document to prove the status of proxy ·Applicant's identification ·Document proving the employment relationship with the applicant
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Persons deemed necessary for the public interest
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·Document proving relevancy with the public interest ·Applicant's identification
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Fee
- A fee of KRW 1,000 shall be paid for each copy of a fact-certification on foreigner registration (Subparagraph 12 of Article 72 of the 「Enforcement Rule of the Immigration Control Act」).