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 have Korean permanent residency (F-5) — will it be cancelled if I am punished in a drug case?
It can be, depending on the sentence. A final sentence of 2 years or more of imprisonment with or without labor for violating drug laws is a ground for cancelling permanent resident status, and a person released after being sentenced to 5 years or more of imprisonment with or without labor can become subject to deportation even as a permanent resident. Even if permanent resident status is cancelled, you can receive a general status of stay on application if the need for continued stay is recognized and you meet the requirements, so prepare family relationship, income and need-for-stay documents together. When a hearing is held before cancellation, the grounds and the date, time and place are notified at least 7 days before the hearing date.
If an overseas Korean (F-4) is sentenced in a drug case in Korea, can they keep F-4 status?
It is difficult if you received imprisonment without labor or heavier. Drugs are classified as a 'serious social crime' together with voice phishing and habitual drunk driving, and a person sentenced to imprisonment without labor or heavier for such a crime while staying in Korea is subject to restrictions on granting overseas Korean (F-4) status. If you only received a criminal fine, you need to check separately whether the total of fines in Korea is 7 million won or more and whether 3 years have passed since the date that fine was fully paid. Gather the judgment, sentence execution documents and fine payment receipts, confirm first whether the restriction applies, and then prepare your extension application.
I was punished for a drug offense in another country — can I still get a Korean visa?
It is restricted for a long time depending on the status of stay. For a person sentenced for a drug offense in their country of nationality or a third country, overseas Korean (F-4) visa issuance and change of status are not granted for 7 years from the sentencing date, and for permanent residence (F-5) the person is treated as not meeting the good conduct requirement and approval is restricted. Statuses such as points-based talent residence (F-2-7) also list a sentence for a drug-related crime abroad as a disqualifying ground. The record will appear on the overseas criminal record certificate required at application, so prepare translations of the judgment and proof that the sentence was completed, together with an explanation.
If I have been treated for drug addiction, will I be banned from entering Korea?
The Immigration Act lists drug addicts among the persons the Minister of Justice may ban from entry, so the issue is whether you currently fall under 'drug addict'. If such an entry ban ground is discovered or arises after a foreigner is already in Korea, they can become subject to deportation. If you have completed treatment, it is important to show your current condition with a medical certificate and treatment completion confirmation from the treatment facility and later test results. If an entry ban is already in place, attach the same documents to the request to lift it.
I am being held in a Korean immigration detention center after a drug case — can I apply for temporary release?
Yes. The detainee or a guarantor can apply to the Foreigner Protection Committee for temporary release from protection, and the head of the office can also release ex officio, with conditions such as a deposit of up to 20 million won, a residence restriction, regular reporting and designation of a personal guarantor. The decision considers the detainee's circumstances, the reasons for the request and assets, so prepare a personal guarantee, proof of residence and family relationship and treatment-need documents. Protection under a deportation order starts within a 2-month range and can be extended by 3 months at a time with the committee's approval, and the total period in principle cannot exceed 9 months.
I received a deportation order in Korea after a drug case — by when do I have to file an objection?
You must file an objection with the Minister of Justice, through the head of the immigration office with jurisdiction, within 7 days of receiving the deportation order. If the Minister decides the objection has merit, a person in protection is released immediately; if it is found to have no merit, the result is notified. In the objection, describe specifically the circumstances of the case, your treatment and prevention efforts, and your family and life in Korea, and attach the judgment, family relationship documents and medical certificates. The period is short, so it is safest to start preparing the day you receive the order.
Can a foreign business owner who was punished in a drug case in Korea invite foreign employees?
It can be restricted for a certain period. A Certificate for Confirmation of Visa Issuance may be withheld from an inviter for whom 3 years have not passed since the date a prison sentence of imprisonment without labor or heavier for violating drug control laws was completed or waived, or since a suspended sentence of imprisonment without labor or heavier became final. A criminal fine alone is not included in this restriction, but it may be considered along with other circumstances in the invitation review. Before inviting, check the judgment and the date the sentence ended to see whether the restriction period has passed.
I am in prison for a drug case in Korea — will I be handed over to immigration as soon as I finish my sentence?
You may be. Heads of prisons and detention centers must notify the immigration office without delay when the release of a foreigner subject to notification is decided, and a person released after being sentenced to imprisonment without labor or heavier can become subject to deportation. If you cannot be returned right away, you can be held in a protection facility, so check your passport status while in prison and have your family prepare a personal guarantee, family relationship documents and a statement of opinion in advance. If you receive a deportation order after release, you can file an objection within 7 days of receiving it.
How to lift an entry ban to Korea after being deported for a drug case — how many years until I can return?
The period set by law is an entry ban on 'a person who has not passed 5 years since leaving after receiving a deportation order', and after that, whether an entry ban applies and for how long is decided case by case. Being a drug addict is a separate entry ban ground, and some statuses of stay, such as overseas Korean (F-4), separately restrict people who were sentenced for drugs. To request lifting the ban, set out in writing the proof that your sentence ended, your treatment history and the family or business reasons you need to come to Korea, and submit them with evidence. Processing time varies by the authority with jurisdiction.
How should I include my treatment history in the statement of opinion for a drug-case immigration offense review in Korea?
It is important to show your treatment history with objective documents rather than describe it in words. Attach the treatment facility's medical certificate, treatment participation confirmation, regular test results and counseling records in date order, and in the body of the statement describe the circumstances of the case truthfully, then explain when treatment began and how you live now. Petition letters from family and employment records help show that you have an environment that prevents recurrence. If you have been asked to appear, have the documents ready before the notified date and prepare translations of any foreign-language documents.
Key terms
- Entry ban (입국금지)
- A disposition by which the Minister of Justice bans entry of persons such as drug addicts, those who may harm public safety or social order, and those who have not passed 5 years since leaving after receiving a deportation order.
- Protection/detention (보호)
- An enforcement measure in which an immigration officer brings a person reasonably suspected of being subject to deportation to an immigration holding room or detention center and holds them in order to remove them from Korea.
- Temporary release from protection (보호의 일시해제)
- Temporarily releasing a detainee, taking into account their circumstances, the reasons for the request and their assets, on conditions such as a deposit of up to 20 million won, a residence restriction, regular reporting and designation of a personal guarantor.
- Special rules on cancelling permanent resident status (영주자격 취소 특례)
- A system under which permanent resident status is cancelled only in set cases, such as obtaining it by false means, a final sentence of 2 years or more of imprisonment with or without labor for certain offenses, or combined sentences of 3 years or more in the last 5 years, and under which the person can receive a general status of stay if they meet the requirements.
- Serious social crimes (사회적 중대범죄)
- A classification used in stay reviews grouping drugs, voice phishing and habitual (3 or more times) drunk driving, applied for example to restrictions on granting overseas Korean (F-4) status.
- Objection to a deportation order (강제퇴거명령 이의신청)
- The procedure in which a person who received a deportation order files an objection with the Minister of Justice, through the head of the regional immigration office, within 7 days of receiving the order.
- Certificate for Confirmation of Visa Issuance (사증발급인정서)
- A document confirming visa issuance that a person wishing to invite a foreigner applies for in Korea in advance; it may be withheld if the inviter has certain criminal records.
