When a child is born in Korea, there is one more task besides the birth registration. If the child is not a Korean national and has no residence status, the Immigration Act requires status to be obtained within a fixed period. This guide covers that duty and what happens if you miss it.
Key points
- A foreign national born in Korea who comes to stay without status must obtain status within 90 days of the birth date (Article 23(1), item 1).
- The immigration manual likewise says to apply within 90 days of birth, and that no separate permit is needed if the child leaves within 90 days.
- Missing the deadline can bring up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026, Article 94, item 15), and it is a ground for deportation (Article 46(1), item 8).
- The longer the delay, the higher the standard fine, so apply as soon as you realize.
1. Who must apply?
Article 23(1) sets two cases. First, a foreign national born in Korea, within 90 days of the birth date. Second, a foreign national who loses or renounces Korean nationality while staying in Korea or has a similar event, within 60 days of that event. Both apply when the person stays without a status under Article 10. Even if the parents already hold long-term status, the child must obtain status separately.
2. How to apply and what to bring
Under Enforcement Decree Article 29, the applicant submits a grant of status of stay application form with the documents set by Ministry of Justice rule to the office head for the place of residence. The Minister sets the stay period, and the passport is stamped or given a sticker.
The manual generally lists the application form, passport, documents proving family relations such as a birth certificate, and the ID of the supporter. Examples are split by the parent's status: F-1 for a child of an F-2 holder, or a stay period within the parent's stay period for E-9 parents and similar. Exact documents depend on the parent's status, so confirm the latest guidance with the office.
3. What happens after 90 days?
Staying without status in breach of Article 23 can bring up to 3 years in prison or a fine of up to KRW 30 million under Article 94, item 15 (as of October 2026). It is often settled with a penalty fine notice, and the standard amounts in Enforcement Rule Annex 7 depend on the delay.
| Delay | Standard fine |
|---|---|
| Under 1 month | KRW 500,000 |
| 1 to under 3 months | KRW 1 million |
| 3 to under 6 months | KRW 2 million |
| 6 months to under 1 year | KRW 5 million |
| 1 to under 2 years | KRW 10 million |
These are standard amounts; age, circumstances, motive and ability to pay can reduce or increase them within a range of one half (Enforcement Rule, Article 86(2)). A notice must be paid within 15 days (Article 105(1)), and after payment you are not punished again for the same matter (Article 106). It is also a ground for deportation (Article 46(1), item 8), but a person who wishes to leave at their own expense can be given a departure order (Article 68(1), item 1). See the voluntary departure guide for a comparison.
4. If the application is refused
Under Enforcement Decree Article 33, when status is not granted, the Minister notifies the applicant, and the notice states a departure deadline within 14 days of issue. If you receive one, check the deadline and the reason first.
5. Steps to take now
- Confirm the birth date. The 90 days run from the birth date. Write the deadline on your calendar.
- Gather documents. Passport, birth certificate, and the parents' registration cards and family documents are the basics.
- Book a visit to the office for your place of residence. The application is submitted there.
- If you are already late, apply without delay. The standard amount rises with the delay.
- If you received a notice or summons, check the dates first. A fine notice runs 15 days from receipt.
6. What an administrative scrivener can do
We prepare and submit grant of status applications, check documents against the parents' status, translate foreign documents, and draft an explanation if the deadline has passed. Investigation and criminal trial defense after a complaint is outside the scope of an administrative scrivener and we do not handle it.
Start by counting how many days have passed since the birth. If the deadline is near or past, we can go through the documents together.