Questions by situation
Each answer starts with the short answer, then when it applies and when it does not, the documents, and the timeline.
Will my Korean work visa be cancelled if it later turns out it was obtained with a forged diploma?
It can be cancelled. If it is found that a permit was obtained by deception or other improper means, the visa or stay permit can be cancelled or changed, and using forged documents or making a false application, whether for a visa or a stay permit, carries up to 3 years in prison or a fine of up to 30 million won and makes the foreign national subject to deportation. If an opinion hearing is held before cancellation, you are notified of the reasons and the hearing date, time, and place at least 7 days in advance, and once the permit is cancelled you may be subject to a departure order. Organize records of how you obtained the degree, correspondence with the school, and contracts and message logs with any agency that prepared the documents.
If I wrote something untrue on an immigration application in Korea, will I always face criminal punishment?
It depends. Using improper means such as submitting forged documents or a false application in a permit application, such as a change or extension of status of stay or a workplace change, carries up to 3 years in prison or a fine of up to 30 million won, but entering false facts in other kinds of applications or reports carries an administrative fine of up to 500,000 won. If it was a simple mistake, file a correction right away and attach materials explaining how the error happened to show it was not a deliberate falsehood. If you have already received an investigation notice, organize the original documents and how they were prepared before attending.
If someone invites a foreigner to Korea with a fake invitation letter or false guarantee, can the inviter be punished too?
Yes. Inviting a foreign national by improper means such as stating false facts or giving a false guarantee, or brokering such an invitation or visa application, carries up to 3 years in prison or a fine of up to 30 million won, and the company or business owner may also be fined. A foreign national who entered this way becomes subject to deportation, and after being penalized the inviter may be restricted from obtaining a Certificate for Confirmation of Visa Issuance for a certain period (3 years from payment for a criminal fine or immigration fine of 5 million won or more, 1 year if less). Organize the documents you checked at the time of the invitation and materials showing the circumstances to prepare for the investigation.
What happens if I'm investigated for a suspected sham marriage on a Korean marriage visa (F-6)?
An investigation is carried out to confirm whether the marriage is genuine, and if it is found the permit was obtained by deception, the stay permit can be cancelled. A false invitation or false visa application carries up to 3 years in prison or a fine of up to 30 million won, and a foreign national who entered this way is subject to deportation. If you are actually living together as a married couple, prepare photos together, proof of cohabitation, records of living expense transfers and shared spending, and statements from family and neighbors to explain your situation. If an opinion hearing is held before cancellation, you are notified at least 7 days before the hearing date.
If the employment certificate my company issued for my Korea visa extension was inaccurate, can the company get in trouble too?
It can. Not only submitting forged, altered, or false documents in a permit application, but also brokering or encouraging that act, is prohibited, and violations carry up to 3 years in prison or a fine of up to 30 million won. The foreign national may become subject to deportation, and the permit granted may be cancelled. Start by establishing the facts with an employment contract, salary transfer records, and social insurance records showing your actual work period and pay.
What happens if it comes out that I entered Korea using someone else's passport?
This can be treated as entering without a valid passport and visa, which carries up to 3 years in prison or a fine of up to 30 million won and makes you subject to deportation. In some status of stay reviews, a person who used a forged or altered passport is treated the same as an illegal resident and excluded from changing status. In the investigation, the starting point for everything that follows is presenting home-country identity documents that confirm your real identity and truthfully explaining how you entered. If you receive a deportation order, you can file an objection within 7 days of receiving the order.
I submitted false documents 2 years ago — can I still apply for a residence (F-2) visa in Korea now?
Depending on the status, it is a disqualifying ground. Statuses such as points-based talent residence (F-2-7) and K-STAR residence (F-2-7S) treat submitting false documents at the time of application or within the last 3 years before the application date as a disqualifying ground. Even after 3 years, any immigration fine or criminal fine you received for it is reviewed separately under the standards for restricting stay permits. Check the dates using the disposition notice and payment receipt from that time, then decide when to apply.
There was a mistranslation in the translated documents I submitted to Korean immigration and I'm worried it will be treated as a false document — what should I do?
As soon as you find the mistranslation, the priority is to submit the original and a corrected translation and explain what happened. What is penalized as false document submission is applying by improper means, such as submitting forged or altered documents or an application with false content, so you need to show with the original and a translator's confirmation that the difference between the original and the translation was a simple error. If the permit has already been granted, check whether the mistranslation affected the content of the permit and consider filing a correction. If you have received an investigation notice, attend with the original documents.
Can I apply for a Korean visa again after leaving the country over a false document issue?
It depends on how you left. If you left under a deportation order, you may be barred from entering until 5 years have passed; if you left under a departure order, this does not automatically fall under that statutory entry ban, but whether an entry restriction applies can be decided separately. Your previous history will be checked when you reapply, so apply truthfully and prepare materials on the circumstances of the problem documents and on how you complied with the disposition afterward. If an entry restriction is confirmed, start by submitting a request to lift it.
I received an immigration summons in Korea on suspicion of submitting false documents — what should I prepare?
Immigration officers can summon and question you when needed for an investigation, and your statements are recorded in a written record, so organize the facts for each document in advance. Bring the originals of the documents you submitted, confirmation from the issuing institutions, and contracts, receipts, and message logs showing how they were prepared, such as whether you obtained them yourself or used an agency. If you do not speak Korean, an interpreter is provided, and you can read the record before signing and ask for corrections. If you cannot make the scheduled date, contact the office in advance.
Key terms
- Prohibition on submitting false documents (허위서류 제출 등의 금지)
- A rule prohibiting applying by improper means, such as submitting forged or altered documents as supporting evidence or a false application, in permit applications for activities outside the status of stay, workplace changes, or changes and extensions of status of stay, as well as brokering or encouraging such acts.
- Prohibition on false invitations (허위초청 등의 금지)
- A rule prohibiting inviting a foreign national by improper means such as stating false facts or giving a false guarantee, falsely applying for a visa or a Certificate for Confirmation of Visa Issuance, or brokering such acts.
- Cancellation or change of stay permits (체류허가의 취소·변경)
- A disposition by which the Minister of Justice cancels or changes a visa, stay permit, or similar permission, for example when it is found to have been obtained by deception or other improper means.
- Opinion hearing (의견청취)
- A procedure in which the Minister of Justice has the foreign national appear to hear their views when needed before cancelling or changing a permit; the reasons and the hearing date, time, and place must be notified at least 7 days in advance.
- Administrative fine (과태료)
- A monetary sanction imposed and collected by the head of the regional immigration office on persons who, for example, state or report false facts in applications or reports; for false entries it is up to 500,000 won.
- Suspect interrogation record (용의자신문조서)
- A written record of statements taken when an immigration officer questions a suspect; records made in an immigration offense investigation are treated as suspect interrogation records under the Criminal Procedure Act.
