ENGLISH

Foreign Students

Change in the sojourn status due to domestic employment

Permission for change in the sojourn status

Change in the sojourn status due to domestic employment

When sojourning in the ROK for study, learning Korean, or other such purposes, the sojourn status of student (D-2) or general trainee (D-4) shall be obtained. When sojourning for employment, an appropriate sojourn status shall be obtained (Articles 10 and 10-2 of the 「Immigration Control Act」 and Article 12 and the attached Table 1-2 of the 「Enforcement Decree of the Immigration Control Act」).

A foreign student who obtains employment in the ROK after completing study shall obtain permission for change in the sojourn status that suits the job classification (Article 24 of the 「Immigration Control Act」).

Permission for change in the sojourn status

Applicant

- The foreign student himself may apply for permission for change in the sojourn status: Provided that if he is less than 17 years old, his parents, legal guardian, siblings, guarantor, 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」).

Agency to apply to and documents to submit

- To receive permission for change of sojourn status, a written application and the following documents must be submitted to the head of the relevant Immigration Service (hereinafter referred to as the “head of service”), head of office (hereinafter referred to as the “head of office”), or head of branch office (hereinafter referred to as the “head of branch office”) (Article 24 of the Immigration Control Act, Article 30(1) of the Enforcement Decree of the Immigration Control Act, and Subparagraph 4 of Article 76(2) and the attached Table 5-2 of the Enforcement Rule of the Immigration Control Act).

Sojourn status

Documents to submit

Journalist (D-5)

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Dispatch order

·Business registration certificate (in case of a corporation, certificate of all matters of corporate register)

Trade management (D-9)

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

※ For supervision of ship construction and facility production or for installation, operation and repair of facility (machinery) to export:

·Dispatch order or certificate of current employment issued by the head office

·Business registration certificate (in case of a corporation, certificate of all matters of corporate register)

·Certificate of tax payment

Job seeking

(D-10)

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Education certificate or job experience certificate

Professor (E-1)

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Document on business establishment [business registration certificate (in case of a corporation, certificate of all matters of corporate register), research institute proof]

·Employment contract

·Degree certificate or job experience certificate

·Consent from the head of the original place of employment (Limited to cases where there is an original place of employment)

※ Foreign students graduating from a university/college of natural sciences and engineering who intend to engage in research and teaching in the areas of education and science and technology (Limited to those who acquired a master's or higher degree:

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Diploma

·Employment contract

·Employment recommendation from the president of the school or dean

·Business registration certificate (in case of a corporation, certificate of all matters of corporate register)

Foreign language instructor (E-2)

※ Those who are recruited and selected by the Ministry of Education or any city/provincial office of education and intend to teach foreign language conversation at elementary and secondary schools:

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Degree certificate (diploma) or proof of enrollment

·Employment contract

·A letter of acceptance or invitation issued by the head of any city/provincial office of education or head of the National Institute for International Education

·Business registration certificate (in case of a corporation, certificate of all matters of corporate register)

Research (E-3)

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Document on business establishment (business registration certificate under the 「Value-Added Tax Act」 or research institute proof)

·Employment contract

·Degree certificate or job experience certificate

·Consent from the head of the original place of employment (Limited to cases where there is an original place of employment)

※ Foreign students graduating from a university/college of natural sciences and engineering who intend to work at a research institute in the natural science area or as a researcher/developer of advanced industrial technology:

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Diploma

·Recommendation from the president of the school or dean

·Employment contract

·Document on business establishment [business registration certificate (in case of a corporation, certificate of all matters of corporate register), research institute proof]

Technology transfer (E-4)

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Dispatch order

·Technology introduction contract, document proving the report of a technology introduction contract, document confirming import and export of services, or designation letter of a defense contracter under the 「Defense Acquisition Program Act」

·Business registration certificate (in case of a corporation, certificate of all matters of corporate register)

Designated activities (E-7)

※ When intending to engage in the advanced technology area:

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Employment recommendation from the head of a responsible central administrative body (Employment recommendation from a special metropolitan city mayor, metropolitan city mayor, and Do province governor for those intending to get a job in any free economic zone) or x-document proving the need for employment

·Employment contract

·Business registration certificate under the 「Value-Added Tax Act」

·Personal reference

※ Foreign students graduating from a university/college of natural sciences and engineering who intend to engage in the areas of advanced technology or natural sciences:

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Diploma, Recommendation from the president of the school or dean

·Employment contract

·Business registration certificate under the 「Value-Added Tax Act」

※ When intending to work as a teacher at a foreign school:

·Passport

·Foreigner registration certificate (Limited to cases where a foreigner registration is made)

·Employment contract

·Degree certificate

·Recommendation from the president of the school

·Consent from the head of the original place of employment (Limited to cases where there is an original place of employment)

·Personal reference

·Document on school establishment

※ 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 office may add or omit documents required for submission as deemed necessary (Attached Table 5-2 of the Enforcement Rule of the Immigration Control Act).

※ Documents necessary to change sojourn status other than those stated above are indicated in the [attached Table 5-2 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

- Foreign students shall pay a fee of KRW 100,000 when applying for change in the sojourn status (Article 87 of the 「Immigration Control Act」 and Subparagraph 2 of Article 72 of the 「Enforcement Rule of the Immigration Control Act」).

Screening and applying for change in the sojourn status

- Once an application for change of sojourn status has been received, permission shall be determined based on a review of the application and accompanying documents by the Minister of Justice with consideration to the opinion of the head of service, head of office, or head of branch (Article 24 of the Immigration Control Act, and Article 30 of the Enforcement Decree of the Immigration Control Act).

- If the Minister of Justice approves the application, the head of service, head of office, or head of branch office shall imprint a stamp or affix a slip in the applicant’s passport indicating the change in sojourn status (Article 24 of the Immigration Control Act, and Article 30(3) of the Enforcement Decree of the Immigration Control Act).

Revocation and alternation of permission for change in the sojourn status

- If a foreign student falls under any of the following, his permission for change in the sojourn status 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 for change, etc. 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.