Jin & Kim, PLC | Legal Blog

Short AnswerYes, in many cases. Certain Korean immigration decisions may be challenged through an administrative appeal, administrative litigation, or other procedures available under Korean law.Potentially reviewable decisions may include:Visa issuance refusalsRefusals to extend a period of stayRefusals to change status of stayCancellation of a visa or stay permissionDeparture OrdersDeportation..

Short AnswerYes. A foreign national may obtain F-5 Permanent Residency in Korea if the applicant qualifies under a specific F-5 category and satisfies the applicable legal requirements.However, permanent residency is not granted automatically merely because a person has lived in Korea for a certain number of years.In general, immigration authorities examine whether the applicant:Falls within an ..

Short AnswerYes. Under Korean law, a foreign national may become subject to deportation, a departure order, or other immigration measures after certain criminal cases.However, deportation is not automatic merely because a foreigner is investigated, charged, or convicted of a crime. In practice, immigration-related decisions generally involve both:Statutory legal groundsDiscretionary immigration ..

Short AnswerYes. In Korea, a criminal record, certain criminal conduct, or immigration-related violations may affect a person’s visa status, visa extension, long-term stay eligibility, or possible removal from Korea.However, immigration consequences are not automatic merely because a foreign national is investigated or convicted. In practice, Korean immigration authorities generally consider fac..

Short AnswerPossibly. Under Korean law, some foreign nationals may change their visa status while remaining in Korea. However, approval is not automatic, and eligibility depends on the applicant's current immigration status, the visa category sought, the purpose of stay, and the applicable legal requirements.In addition, a change of status is a discretionary immigration decision. Even if the bas..

Short AnswerPossibly. Divorce from a Korean spouse does not automatically end F-6 eligibility.After divorce, continued stay may still be possible where:The foreign spouse is raising or supporting a child from the marriage.The primary responsibility for the marital breakdown was on the Korean spouse.Domestic violence, abandonment, or similar circumstances made continuation of the marriage impossi..

Short AnswerYes, depending on the investment structure. A foreign investor may qualify for a D-8 Corporate Investment Visa where the investment satisfies the applicable requirements under Korean immigration law and the Foreign Investment Promotion Act.However, establishing a Korean company and transferring capital do not automatically guarantee D-8 status. Immigration authorities may examine whe..

Short AnswerAct promptly. If Korean immigration authorities cancel your visa or stay status, the first questions are:What exactly was cancelled?Was a Departure Order issued at the same time?What deadline or departure date applies?Under Article 89 of the Korean Immigration Act, immigration authorities may cancel or modify various permissions, including visa issuance, a Certificate of Visa Issuanc..

Short AnswerA refugee denial in Korea does not necessarily require immediate departure or removal. Depending on the procedural stage, an applicant may file a statutory objection, pursue administrative litigation, maintain lawful stay where permitted, seek an extension of G-1 status, or apply for another immigration status for which the applicant independently qualifies.However, the next steps ar..