Penalties

Invited a Foreigner With False Documents? Penalties for False Invitations and False Visa Applications

Inviting a foreigner or applying for a visa with false statements or surety violates Immigration Act Article 7-2. Penalties, fines and effects.

By · Sunshine · Law in Korea
Three white envelopes with wax seals: Invited a Foreigner With False Documents? Penalties for False Invitations and False Visa Applications

When writing an invitation for a relative, friend or employee, some people think a small inaccuracy will do no harm. But false statements in invitation papers and visa applications are separately prohibited by the Immigration Act. This guide covers Article 7-2, the penalties and the effect on the invited person.

Key points

  • Inviting or arranging an invitation by improper means such as false statements or a false identity surety, and falsely applying for or arranging a visa or certificate of visa issuance, are prohibited (Article 7-2).
  • Violation can bring up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026, Article 94, item 3).
  • The standard fine rises with the number of people invited (Enforcement Rule, Annex 7).
  • An invited foreigner who entered through a false invitation can also face deportation (Article 46(1), item 2).

1. What is prohibited?

Article 7-2 says no one may do either of two things to bring a foreigner into Korea.

  • Invite a foreigner by improper means, such as false statements or a false identity surety, or arrange such an invitation
  • Falsely apply for a visa or a certificate of visa issuance, or arrange such an application

Inflating the inviter's job, income or relationship, or citing a contract or business that does not exist, may fall here. Each case depends on its facts, so nothing can be stated categorically.

2. Penalties and standard fines

Article 94, item 3 punishes a person who violates Article 7-2 with up to 3 years in prison or a fine of up to KRW 30 million (as of October 2026). Prosecution needs a complaint from the office head (Article 101(1)), and the head may notify a penalty fine equivalent to a criminal fine once guilt is confirmed (Article 102(1)). The Enforcement Rule Annex 7 standard amounts are below.

People invited Standard fine
1 KRW 10 million
2 KRW 12 million
3 KRW 14 million
5 KRW 18 million
10 KRW 28 million
11 or more KRW 30 million

Amounts can be reduced or increased within one half for age, circumstances, motive, result and ability to pay (Enforcement Rule, Article 86(2)). If the offense is considered punishable by imprisonment or more, a complaint can be filed without a penalty notice (Article 102(3)). 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).

3. Effect on the invited foreigner

Article 46(1), item 2 makes a foreigner who violated Article 7-2, or who entered through a false invitation under that article, subject to deportation. A permanent resident is not deported except in the cases the law lists (Article 46(2)). A person who wants to leave at their own expense can be given a departure order (Article 68(1), item 1), so see the voluntary departure guide and the entry ban removal guide. Grounds and length of any entry restriction depend on the case.

4. How is it investigated?

To prevent illegal entry by false invitation, immigration officers may visit people or businesses that arrange or broker invitations or international marriages, ask questions and request materials (Article 81(2)). Refusal without good reason is not allowed (Article 81(4)), and refusing or avoiding a request for books or materials can bring a fine of up to KRW 1 million (as of October 2026, Article 100(2), item 3). If you are asked to appear, organize the facts and materials first, as in the offense review guide.

5. A checklist before and after preparing invitation papers

  1. Verify each statement with evidence. Check whether job, income, relationship and purpose can be supported by documents.
  2. Do not rely only on a broker's explanation. Arranging is also prohibited, and the applicant remains responsible for the papers.
  3. Correct any error before submitting. If already submitted, ask your office how to correct it.
  4. If you get a summons or fine notice, check the deadline first. A fine notice runs 15 days from receipt.
  5. Review the invited person's stay plan separately. Deportation and entry restrictions differ case by case.

6. What an administrative scrivener can do

We check the facts in invitation papers and visa issuance certificate applications, organize evidence, draft statements explaining how an error occurred, and translate foreign documents. Investigation and criminal trial defense after a complaint is outside the scope of an administrative scrivener and we do not handle it.

If you have not submitted yet, start with a content check. If you already received a notice to appear, start by checking the dates.

Frequently Asked Questions

Q. What counts as a false invitation?

Article 7-2 prohibits, for the purpose of bringing a foreigner into Korea, (1) inviting a foreigner, or arranging such an invitation, by improper means such as false statements or a false identity surety, and (2) falsely applying for a visa or a certificate of visa issuance, or arranging such an application. People who arrange it are covered as well as those who do it directly.

Q. How severe is the penalty?

Up to 3 years in prison or a fine of up to KRW 30 million under Article 94, item 3. In practice a penalty fine notice may be issued, and the Enforcement Rule Annex 7 standard is KRW 10 million for one person invited, rising by KRW 2 million for each additional person to KRW 30 million for 11 or more (as of October 2026). The amount can be reduced or increased within one half depending on circumstances.

Q. Is the invited foreigner also affected?

Possibly. Article 46(1), item 2 makes a foreigner who violated Article 7-2, or who entered through a false invitation, subject to deportation. A person who wants to leave at their own expense can be given a departure order (Article 68(1), item 1). The outcome depends on the facts.

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