Questions by situation
Each answer starts with the short answer, then when it applies and when it does not, the documents, and the timeline.
I was investigated by Korean police for an assault case — will it affect my visa?
Being investigated does not by itself cancel your status of stay right away, but the impact depends on the result of the investigation. Public officials who discover an immigration law violator or a person subject to deportation in the course of their duties must notify the immigration office, so problems such as overstaying can come to light during the investigation. If there are no charges, keep the notice of the case outcome. If you receive deferred prosecution or a fine, it will show up as a criminal record at your next extension or change, so prepare the decision, the settlement agreement, and a letter of apology. If you are sentenced to imprisonment with or without labor and released, you can become subject to deportation.
My Korea visa expires before the assault investigation is finished — how do I apply for an extension?
Even while the investigation is ongoing, you must apply for an extension before your period of stay ends. If you do not apply and stay past the deadline, you become an overstayer separately from the case, which is punishable by up to 3 years of imprisonment or a fine of up to 30 million won and makes you subject to deportation. When applying, submit the regular extension documents together with any case papers you received, such as a summons or a notice of the case outcome, to explain where things stand, and if you are asked for additional materials during review, submit them by the deadline. If the extension is denied, you must leave by the departure deadline set within 14 days of the date the notice was issued.
If I settle with the assault victim, what documents should I submit to the Korean immigration offense review?
The basics are the original settlement agreement and a written statement from the victim saying they do not wish you to be punished. For an injury case, attach records of paid medical costs and compensation to show how far the harm has been repaired. If you could not reach a settlement, organize evidence of your efforts to make amends, such as a court deposit or records of attempts to contact the victim. In your opinion statement, describe how the incident happened and your concrete efforts to prevent it from happening again, such as completing anger management education or changes in your living environment. Have everything ready before the date on your summons, and if the schedule is difficult, contact the office in advance to reschedule.
If an E-7 skilled worker gets a fine for assault in Korea, can the company invite them again or change their visa?
It may become difficult. In reviews for skilled workers (E-7-3, E-7-4), a criminal record during your stay in Korea such as drunk driving, assault, or theft is considered a reason to withhold a Certificate for Confirmation of Visa Issuance. Under the points system for skilled workers (E-7-4), you cannot apply if you received a fine of 3 million won or more within the last 10 years, and smaller fines lead to deductions of up to 20 points depending on how many there are. Before the company starts the invitation process, check the date and amount of the penalty with the judgment and the fine payment receipt. If you have a settlement agreement and records of your length of employment and certifications, prepare them as well.
If an Overseas Korean (F-4) gets a suspended sentence for assault, will the F-4 extension be restricted?
It can be. If you receive a suspended sentence of imprisonment without labor or heavier, granting of Overseas Korean (F-4) status and similar permissions are restricted until 5 years have passed from the date the judgment became final. For an actual prison sentence, the reference point is 5 years from the date the sentence was completed or the date it was decided not to be enforced. If it was a fine, check whether your total fines in Korea are 7 million won or more and whether 3 years have passed since the date you fully paid the fine at that point. Prepare the judgment and a document showing the date it became final, and calculate the restriction period first.
Can a permanent resident (F-5) be deported from Korea after being punished for assault?
Holders of permanent residency (F-5) are not deported unless an exception set by law applies. The exceptions are crimes of insurrection or foreign aggression, helping illegal entry or exit, and people sentenced to 5 years or more of imprisonment with or without labor and released who committed crimes set by Ministry of Justice ordinance, such as murder, rape and indecent acts, robbery, or forming or operating a violent group. However, if a sentence of 2 years or more of imprisonment with or without labor becomes final for violating the Criminal Act or similar laws, it is a ground for cancellation of permanent residency, and even if it is cancelled, you can apply for a general status of stay if you meet the requirements. Prepare the judgment and documents on your family and life in Korea in advance.
I received a deportation order in Korea for an assault case — can I file an objection if I have family in Korea?
Yes. You must submit an objection to the Minister of Justice through the head of the immigration office with jurisdiction within 7 days of receiving the deportation order, and the office forwards it to the Minister of Justice with the review decision and the investigation records. Attach a family relationship certificate, the stay status of your spouse and children, your children's school enrollment certificates, proof that you support your family, and the settlement agreement with the victim, to show concretely why you need to remain in Korea. If the objection is found to have merit, a person in protection is released from protection immediately.
After serving a sentence for bodily injury in Korea, how long can I be held in an immigration detention center?
If you receive a deportation order and cannot be repatriated right away, you can be held in protection (보호) for up to 2 months, and after that it can be extended by 3 months at a time with the approval of the Foreigner Protection Committee, for a total of no more than 9 months. However, a person sentenced to imprisonment without labor or heavier for crimes set by presidential decree, such as murder, bodily injury, rape, indecent acts, or robbery, can be held for up to a total of 20 months if they still cannot be repatriated after 9 months. Before an application for approval to extend the protection period, you are given a chance to state your opinion orally or in writing, so prepare an opinion statement covering your cooperation with repatriation and your family circumstances. Temporary release from protection (보호의 일시해제) with a deposit of up to 20 million won and conditions can also be considered.
I got deferred prosecution for an assault case in Korea — will it affect my residence (F-2) visa review later?
It can. Deferred prosecution is a decision not to send the case to trial, but a record remains. In the extension review for skilled-worker residence (F-2), if the case counts as a 'serious crime', there must be none at all within the 10 years before the application date, and deferred prosecution, suspended sentencing, and fines of 1 million won or less are all counted. For other statuses too, the content and timing of the disposition are reviewed under the criteria for restricting stay permits. Keep the prosecution's notice of the case outcome, the settlement agreement, and your letter of apology, and submit them as documents explaining what happened when you apply for an extension or change.
If the statement record from my Korean immigration interview about an assault case is wrong, can I correct it?
Yes. The immigration officer must read the record to you or let you read it and then ask whether anything is written incorrectly, and if you request additions, deletions, or changes, your statement must be written into the record. If you refuse to sign or affix your name and seal, that fact is recorded, so rather than refusing outright, it is better to point out exactly which parts are different and have them corrected. In cases where how the incident happened is disputed, such as mutual assault, organize in advance whether CCTV footage has been secured, medical certificates, and witnesses' contact details.
I am a marriage migrant who reported my husband for domestic violence — what happens if my visa expires during the trial in Korea?
A spouse of a Korean national who is going through a remedy procedure such as a trial or investigation because of domestic violence can be granted an extension of period of stay until that procedure ends, and can receive further extensions afterward if needed for recovery from the harm. If you are also being investigated for assault because of a counter-complaint, you need to separately explain that a procedure regarding the harm you suffered is ongoing. When applying, prepare a case receipt confirmation or documents showing that the investigation or trial is in progress, medical certificates, and counseling records. The extension must be applied for before your current period of stay ends.
Key terms
- Duty to notify (통보의무)
- The duty of national or local government officials who discover a person subject to deportation or an immigration law violator in the course of their duties to notify the head of the immigration office without delay.
- Suspect interrogation record (용의자신문조서)
- A record of statements written by an immigration officer while questioning a suspect. One prepared in an immigration offense investigation is treated as a suspect interrogation record under the Criminal Procedure Act.
- Deportation order document (강제퇴거명령서)
- The written document issued to a suspect when the head of the immigration office finds, after review, that the person is subject to deportation and issues a deportation order.
- Foreigner Protection Committee (외국인보호위원회)
- The body that approves extensions of the protection period for people who received a deportation order and decides applications for temporary release from protection by people in protection.
- Opportunity to state an opinion (의견진술 기회)
- The procedure of giving the foreigner a chance to state their opinion orally or in writing before measures such as issuing a protection order or applying for approval to extend the protection period.
- Special rules for marriage migrants (결혼이민자 등에 대한 특칙)
- A system that allows an extension of period of stay, until the procedure ends, for foreigners going through a remedy procedure as victims of domestic violence, sexual violence, child abuse, or human trafficking.
- Special rules on cancellation of permanent residency (영주자격 취소 특례)
- A system under which permanent residency is cancelled only in specified cases, such as obtaining it by deception or a final sentence of 2 years or more of imprisonment with or without labor for violating certain laws, and under which a general status of stay can be granted if the requirements are met.
