Getting a Family Member Out of an Immigration Detention Center for Now: Temporary Release Procedure and Bond

When the call comes that a family member has been taken into an immigration facility, the first thought is usually "can we at least get them out for now?" There is a way. It is called temporary release from detention: you put up a bond and the person lives under conditions such as a restricted residence, and in exchange detention is paused. It is not the same as challenging the detention itself or a removal order, and a person who breaks the conditions can be detained again, so keep that in mind from the start.

Key points

• There are two routes. The head of the immigration office can release on their own initiative, or the detainee, a guarantor or a legal representative-type person can apply and the Immigration Detention Review Committee (외국인보호위원회) decides.
• The bond is capped at 20 million won, and conditions such as restricted residence, regular reporting and a designated guarantor can be attached (as of October 2026, Article 65(1)).
• The application comes with materials explaining the reason and the ability to pay the bond. If a family member files, proof of that person's status is needed too.
• Breaking a condition or becoming a flight risk can lead to revocation, and the bond may go to the national treasury.

1. Who applies, and who decides?

There are two paths.

One is on the office's own initiative. The head of the immigration office decides to release, has a bond deposited and attaches conditions. The office may also ask the detainee, the guarantor or the legal representative-type person for materials showing they can pay the bond.

The other is by application. When the detainee, or a guarantor or legal representative-type person, applies, the Immigration Detention Review Committee decides whether to grant release. The "legal representative-type person" is the same group that is notified when someone is detained: a legal representative, spouse, lineal relative, sibling, family member or counsel in Korea, or anyone the detainee designates.

The person inside can rarely handle paperwork alone, so in practice relatives outside gather the documents. The question we hear most is whether a family member can file in their place. Yes, they can, but missing proof of the family relationship slows down acceptance.

2. What does the decision-maker look at?

The review items are set out in the regulations. There are five.

• Whether there is a risk of a serious threat to life or body, or irreparable financial loss, for the detainee
• Whether there is a risk of harming national interests such as national security, public order or public health
• The offense record, age and character, and conduct during investigation and in the facility
• Whether the person is a flight risk
• Whether there are other serious humanitarian reasons

The third item means conduct inside the facility is looked at too, so following the rules while detained can matter. Where a circumstance such as a health problem ties into the first or fifth item, back it up with documents like a medical certificate. Detailed standards and methods are set separately by the Committee, so treat these five as the general frame.

3. How do you file the application?

The order is as follows.

1. Fill in the Application for Temporary Release from Detention (보호 일시해제 신청서), a form in the Enforcement Rules. Write the applicant's details, the detainee's details and the relationship, then sign or seal.
2. Attach materials explaining the reason for the application and the ability to pay the bond. If a guarantor or legal representative-type person is applying, attach materials proving that status as well.
3. Submit this not to the Committee but to the head of the immigration office, branch or detention center where the person is held.
4. The office adds its own opinion and sends the application to the Immigration Detention Review Committee without delay. The opinion covers how and why the detention order was made, a view on the purpose and reasons of the application, and views on the likelihood of removal and the need for detention.
5. The Committee decides within 3 weeks of receiving the application. If unavoidable, it can be extended once by up to 2 weeks.
6. The written decision comes to the applicant through the office, and to the detainee as well if the applicant is someone else.

One point to note. The office can also release on its own initiative before the Committee decides, and in that case it has to report the fact to the Committee right away. So silence after filing does not necessarily mean rejection. Check progress with the office that accepted the application.

4. After the decision: the bond and the conditions

Once temporary release is decided, the head of the office must release the person. Bond and conditions are handled the same way as in release on the office's own initiative. The Committee may also recommend to the office what the bond and conditions should be.

The office informs the applicant in writing of the bond amount and the date and place of payment, the release conditions, and the fact that breaking them can lead to revocation and forfeiture of the bond. The bond must be paid on the stated date and at the stated place, so do not miss that schedule. Payment and custody follow the government's procedure for handling deposited money.

The decision form used for release on the office's own initiative has boxes for the release period, the bond amount and the date and place of payment, the residence during release, and other conditions. The person must carry this decision at all times and show it when an immigration officer or other authorized official asks.

The bond can come back. Unless it is forfeited, it is returned to the person who paid it when the foreigner leaves Korea or when the release is revoked. If a relative paid the bond, keep the receipt.

5. What happens if the release is revoked?

Release is conditional and can be revoked in these cases.

• The person has fled or is considered likely to flee
• The person ignored an order to appear without good reason
• The person broke some other condition of the release

On revocation, the head of the office issues a written revocation of temporary release and can detain the person again. The document states the reason and the place of detention and is handed to the person and to their guarantor or legal representative-type person. Before revoking, the office must give the foreigner a chance to state an opinion orally or in writing. If that chance comes, do not let it pass; send in your side of the story.

All or part of the bond may go to the national treasury. The Enforcement Decree applies the rule for the bond in conditional entry permits to this procedure. That rule allows forfeiture of the whole bond if the person flees or ignores a request to appear twice or more without good reason, and of part of it for other breaches. A notice stating the reason and the amount is also issued. If a restricted residence or regular reporting is attached, even one missed report can be a breach, so it is safest to act exactly as the decision states.

6. Points that are easy to confuse

Temporary release pauses detention. It does not mean the removal issue is over. An objection to a removal order and a request to review the detention itself are separate procedures with their own deadlines. See the detention and objection guide for those. If the person wants to leave Korea, the voluntary departure guide is also worth a look.

Also, the 20 million won is a ceiling, not a standard amount. The law sets no specific figure and the amount depends on the circumstances, a point many people misunderstand (as of October 2026, Article 65(1)).

7. What an administrative agent can do

Sunshine Administrative Agent Office (선샤인행정사사무소) prepares and submits the temporary release application, drafts a written statement explaining the reasons, organizes proof of ability to pay the bond, family ties and residence, and translates foreign-language documents. Defense in criminal investigations and trials is outside the scope of an administrative agent and we do not handle it.

You can reach us at 02-309-3107 or [email protected], with consultation hours on weekdays 09:30~17:30. If you have the date you were notified of the detention and photos of the documents you received, things can be sorted out much faster.