Overstaying Your Visa in Korea — What Happens Next

Remaining in Korea even one day beyond your permitted stay constitutes an overstay. The consequences vary significantly based on duration, whether you self-report, and your overall immigration history.

Legal Consequences of Overstay

Immigration Act Article 17 requires foreign nationals to stay within their permitted period. Article 94 provides penalties for violations.

• Short overstay (< 1 month): Fine, re-entry ban up to 1 year upon voluntary departure
• Mid-range overstay (1–6 months): Increased fine + re-entry ban 1–3 years
• Long overstay (6+ months): Forced departure, re-entry ban 3–5+ years
• Self-reporting vs. caught: Self-reporting can significantly reduce the penalty

The Overstay Process

Once an overstay is confirmed, the following process applies.

1. Overstay identified (self-report or enforcement)
2. Appearance at Immigration Office for investigation
3. Fine issued and disposition determined
4. Voluntary departure or execution of forced departure

How Vision Can Help

Our office provides:

• Pre-departure strategy to minimize penalties
• Preparation of documents to reduce re-entry ban duration
• Immigration review representation if forced departure is threatened
• Support for lifting re-entry bans after departure

Frequently Asked Questions