Questions by situation
Each answer starts with the short answer, then when it applies and when it does not, the documents, and the timeline.
What should I do if I received a departure order in Korea?
Start by checking the departure deadline, any conditions attached, and the amount of the compliance bond and whether it has been paid, then begin preparing to leave within that deadline. If you can leave in time, book your flight and take care of departure steps such as returning your residence card. If illness or transport problems clearly make it impossible to leave in time, apply to postpone the departure deadline before it passes. The application requires the postponement application form and documents explaining the reason. The deadline is set within 30 days from the date of issue, and if you miss it a deportation order is issued without delay.
What is the difference between a departure order and deportation in Korea, and will I be detained or have to pay for my own flight?
A departure order requires you to leave on your own by a set deadline, while deportation is a disposition in which immigration officers carry out the order and send you to your country of repatriation. A person under a deportation order may be held in a protection (detention) facility (보호) if they cannot be sent back immediately because they have no passport or no transport has been arranged, whereas a departure order works by leaving on your own before the deadline. A departure order can be given to someone who falls under deportation grounds but wishes to leave voluntarily at their own expense, while for deportation the head of the office may cover repatriation costs within the budget if necessary. Another difference is that the law lists people who left after a deportation order less than 5 years ago as subject to an entry ban.
I am in hospital and probably cannot leave Korea by my departure order deadline. What documents do I need to submit?
If illness or another unavoidable reason clearly makes it impossible to leave in time, you can be granted a postponement of the departure deadline. If your hospital stay or treatment will end in time for you to leave, you may not qualify, so check your treatment schedule first. Submit the application to postpone the departure deadline to the competent office together with documents explaining the reason, such as a medical certificate, proof of hospitalization, and a doctor's opinion stating the expected treatment period. If granted, the deadline is extended until the reason no longer exists, so be sure to apply before the original deadline passes.
How much is the compliance bond for a departure order in Korea and when do I get it back?
The compliance bond is set at up to 20 million won, taking into account the reasons and motives for the departure order, past violations, age, circumstances, assets, risk of flight, and humanitarian grounds. If you miss the departure deadline, all or part of the bond may be forfeited to the national treasury, and if you breach a condition such as a residence restriction, part of it may be forfeited. Unless it is forfeited, it is returned when you leave, so keep the payment receipt together with the departure order. To avoid missing the refund procedure, it is best to confirm with the office how the refund works before your departure date.
What happens if I miss the deadline on my departure order in Korea?
If you do not leave by the deadline set in the departure order, a deportation order is issued without delay and all or part of the compliance bond may be forfeited to the national treasury. If the deadline has not yet passed and you have an illness or transport problem, apply for postponement of the departure deadline right away. If you have already received a deportation order, first check the objection instructions and deadline written on it. Leaving under a deportation order has a bigger impact than a departure order, because you may be subject to an entry ban until 5 years have passed since departure.
My departure order has a residence restriction. Can I move to a new address before I leave Korea?
Breaching a condition such as a residence restriction on the departure order can lead to a deportation order being issued, so do not move on your own. If you really must move, notify the immigration office that issued the order before moving and confirm how to proceed. Having the lease for the new address and a written statement of why you need to move makes it easier to explain. Breaching a condition can also be grounds for forfeiting part of the compliance bond.
I received a notice to attend a hearing on cancellation of my stay permit in Korea. Could this lead to a departure order?
If your stay permit is cancelled you may become subject to a departure order, so the hearing is your opportunity to explain your circumstances before that happens. The Minister of Justice must notify you of the reasons for cancellation and the date, time and place of the hearing at least 7 days in advance, so first check the reasons stated in the notice. If the reasons are not true, prepare rebuttal evidence; if they are true, prepare a written opinion and evidence explaining how it happened and your current circumstances, and attend the hearing. If the permit is not cancelled, no departure order follows, so finish your documents before the hearing date.
I paid an immigration fine for violating the Immigration Act in Korea. Can I still get a departure order?
Yes. The law lists people for whom departure measures are found appropriate after a notice of disposition (통고처분) as subject to a departure order. Paying the immigration fine (범칙금) as notified means you will not be punished again for the same case, but a departure order is a separate administrative disposition about your stay, not a punishment. If you have reasons to remain in Korea, it is important to submit documents on how you came to stay, your family relationships and employment at the notice-of-disposition stage. You must pay the fine within 15 days of receiving the notice, and if you do not pay, you will be reported to the prosecution.
If I leave Korea under a departure order, can I come back later and apply for permanent residence (F-5)?
The F-5 permanent residence requirements disqualify anyone for whom 5 years have not passed since leaving under a departure order. Once 5 years have passed, this disqualification no longer applies, but you must still meet the other permanent residence requirements and avoid other disqualifications. Keep a copy of the departure order and your entry and exit records so you can prove your departure date. This period is a screening standard for permanent residence and is a separate matter from any period that blocks entry itself.
Will I automatically get an entry ban to Korea if I leave under a departure order?
The entry ban ground the law spells out with a specific period is 'a person for whom 5 years have not passed since leaving after a deportation order', and departure orders are not listed there. However, the Minister of Justice can ban entry on other grounds, such as a risk of harming public safety or social order, and visa screening for many statuses checks your departure order history. When you apply for a visa again, have a copy of the departure order and records showing you left by the deadline ready. The most accurate way to confirm whether an entry ban (입국금지) applies and for how long is through the Korean mission abroad where you apply or the competent immigration office.
I was caught overstaying my visa in Korea. Can I get a departure order instead of deportation?
Overstaying falls under deportation grounds, but a departure order can be given to someone who wishes to leave voluntarily at their own expense. Because this is a discretionary decision, a deportation order may still be issued depending on how long you overstayed, the circumstances, and whether there are other violations. Prepare your passport, flight booking, a written explanation of how you came to overstay and documents showing your circumstances, and state your intention to leave voluntarily during the investigation. If a departure order is issued, you must leave within the deadline written on it (within 30 days from the date of issue).
If my permanent residence status in Korea is cancelled, will I immediately get a departure order?
People whose permanent residence status has been cancelled are subject to a departure order, but those granted a general status of stay at the time of cancellation are excluded. When cancelling permanent residence status, the Minister of Justice may grant a general status of stay on the person's application if continued stay is found necessary and the requirements for that status are met. That is why, at the hearing stage of the cancellation process, it is important to submit documents on your life in Korea, family and job, and to state that you are applying for a general status of stay. The hearing notice arrives at least 7 days before the hearing date, so prepare your documents within that time.
Key terms
- Departure order (출국명령)
- A disposition by which the head of a regional immigration office orders a person to leave by a set deadline, for example someone who falls under deportation grounds but wishes to leave voluntarily at their own expense, or someone who did not comply with a departure recommendation.
- Departure order document (출국명령서)
- The document issued with a departure order, stating the departure deadline set within 30 days from the date of issue and any conditions such as a residence restriction.
- Compliance bond (이행보증금)
- Money of up to 20 million won deposited to ensure compliance with a departure order; it may be forfeited to the national treasury if the deadline or conditions are breached, and is otherwise returned on departure.
- Postponement of the departure deadline (출국기한의 유예)
- Extending the departure deadline when it is clear the person cannot leave in time because no transport is available or because of illness or another unavoidable reason.
- Application to postpone the departure deadline (출국기한유예신청서)
- The application submitted, with documents explaining the reason, to the head of the competent office or the head of the immigration detention center by a person seeking postponement of the departure deadline.
- Cancellation or change of permits (각종 허가 등의 취소·변경)
- A disposition by which the Minister of Justice cancels or changes a visa issuance, stay permit or similar permit in cases such as false applications, breach of permit conditions or serious violations of law; a person whose permit is cancelled may become subject to a departure order.
- Notice of disposition (통고처분)
- A disposition by which, once an investigation of an immigration offense produces conclusive evidence, the person is notified in writing, with reasons, to pay an immigration fine equivalent to a criminal fine at a designated place.
