1. Issuance of Visa
① Procedure
The Minister of Justice has the authority to issue Visa · Stay in Korea although this authority may delegated to the heads of overseas diplomatic missions as prescribed by Presidential Decree. For this reason, there are three methods of entry for foreigners; by obtaining a visa issued at a diplomatic mission abroad; by obtaining the status and the period of stay through immigration declaration after entry in the case where a foreigner holds the status of stay for a short-term visit or is eligible for entry without a visa; by obtaining visa issuance certificates (or certification number) from a regional immigration office in the jurisdiction of the inviting party’s residence and submitting it to an overseas diplomatic mission.
② Method of Visa Issuance
• The head of an overseas diplomatic mission issues a visa upon acceptance of application.
Scope of Visa Issuance : Only valid for a visa delegated by the Minister of Justice, the majority of which fall under short-term visit.
• A foreigner who plans to enter Korea can apply for a visa or receive a visa issuance certificate or certification number from a regional immigration service in the jurisdiction of the inviting party’s residence with the application made by the inviting party. In case of the latter, a foreigner can obtain a visa by submitting the application stating the visa issuance certification number to the head of an overseas diplomatic mission.
• A foreigner with a short-term visa or who is eligible to enter without a visa must change the status of sojourn (D-8, etc.) at an immigration office or a regional immigration service.
Validity of visa issuance certificate : 3 months 2. Alien Registration
A foreigner with a long-term visa which permits a stay of longer than 90 days must apply for alien registration within 90 days to a local immigration office or a regional immigration service in the jurisdiction of his/her residence.
3. Changing Status of Sojourn
In order for a foreigner to engage in other activities that do not fall under the previously approved status of stay, he/she must obtain permission to change the status of sojourn in advance. A foreigner who engages in other activities without permission may be punished with a fine not exceeding KRW 20 million or receive a deportation order.
INFORMATION
① Extending Period of Sojourn
In order for a foreigner to stay beyond the period previously approved, he/she must obtain approval for the extension of the period of stay prior to its expiration.
The application for approval to extend the period of stay shall be accepted from four months prior to the expiration date, in principle.
② Foreigner Born in Korea
A foreigner born in Korea without a status of sojourn must acquire a status of sojourn within 90 days from the date of birth.
③ Obligatory Self-Application by Foreigners
In principle, a foreigner must apply for all status of sojourn matters in Korea including extension of status of sojourn in person. However, when a foreigner is under 17 years of age or if there is a special cause (illness, family circumstances, or business), a proxy with a power of attorney can apply for approval.
A foreigner must be in Korea when the proxy applies for a status of sojourn.
Application via a proxy who is in possession of the passport of an applicant who is overseas is not permitted.
④ Restriction of Application and Cancellation of Permission by Representatives
When a foreigner’s attendance is required during the process of applying for the status of sojourn, application by proxy may be restricted. In addition, when it is revealed that an application by proxy is made via unlawful means, approval may be rejected or revised.
4. Reporting Changes
① Change of Workplace
A foreigner who plans to change or add his/her workplace within his/her status of sojourn must obtain a change of workplace approval as well as any additional approvals in advance. However, a foreigner who possesses professional knowledge, technology, and skills (E1-E7 visa) may apply for approval within 15 days from the day of the change/addition of workplace.
A workplace which engages or recommends a foreigner without the permission may be subject to a fine not in excess of KRW 10 million. The foreigner may also be deported in such cases.
② Activities beyond the Status of Stay
In order for a foreigner to engage in activities beyond the status of stay, he/
she must obtain a permission for the activities. A foreigner who engages in other activities without the permission may be punished by a fine not exceeding KRW 20 million or a deportation order.
③ Change of Residence
A foreigner who changes his/her place of residence must report the change to the head of the Si/Gun/Gu/Eup/Myeon/Dong office or to an immigration office or an regional immigration service in the jurisdiction of the new place of residence within 14 days of moving into the new place of residence.
Failure to do so can result in a fine not exceeding KRW 1 million.
④ Obligations of Employers of Foreigners
When an employer who hires a foreigner eligible for employment has dismissed the foreigner, or when the foreigner resigns, dies, goes missing or important matters in the terms of employment are amended, the employer shall report this to the head of the competent regional immigration service within 15 days of becoming aware of such circumstances. Failure to do so may result in a fine not exceeding KRW 2 million.
Source : Guide to Employing Foreigners and Visa · Stay in Korea (by Gilnam Park and Bongsoo Jung, Gangnam Labor Corporation)