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 just realized my visa expired in Korea — what happens if I go to the immigration office myself first?
The immigration office in charge will investigate the violation and then issue an immigration fine notice, and if departure is deemed appropriate, it will also issue a departure order. Once you receive the notice, you must pay the fine within 15 days, and paying as notified means you will not be punished again for the same case. When you visit, bring your passport, residence card, and records showing why you overstayed (a medical certificate, flight cancellation confirmation, etc.). If you receive a departure order, you must leave by the deadline stated on it.
I overstayed my visa in Korea because I was hospitalized and couldn't apply for an extension — will they take that into account?
Your circumstances are considered when the disposition is decided. The immigration fine can be reduced by up to one half of the standard amount considering your age and circumstances, the motive and consequences of the violation, your ability to pay, and the number of violations, and the Minister of Justice may even waive the fine notice altogether in light of the circumstances. Prepare records whose dates match the period you could not apply and the reason, such as a hospitalization certificate, medical certificate, and medical bill receipts. It is best to submit them to the office as soon as you learn of the violation.
Can I still apply to extend my Korea visa on the day it expires?
An extension application must be filed before your period of stay ends, so once the expiry date passes it is too late. Applying right before expiry leaves no time to respond to requests for additional documents, so it is safer to apply early. If the period has already passed, the matter moves to a violation investigation rather than an extension application, and overstaying carries up to 3 years in prison or a fine of up to 30 million won. When applying, have the application form, passport, residence card, proof of address, and the documents required for your status of stay ready.
My visa extension in Korea was refused — by when do I have to leave the country?
You must leave by the departure deadline stated in the refusal notice, which is set within 14 days of the notice date or may be set as your original expiry date. Missing that deadline makes you an overstayer. If illness or transportation problems prevent you from leaving in time, you can apply to defer the departure deadline, and if you may be able to change to another status of stay, you need to look into it before the deadline. First check the reason for refusal and decide whether it is something you can fix.
I received a departure order in Korea for overstaying — how is the departure deadline decided?
The departure deadline is set within 30 days of the date the departure order is issued, and conditions such as a residence restriction may be attached. If deemed necessary, you may be required to deposit a performance bond of up to 20 million won, taking into account the reason and motive for the order, your violation history, age, circumstances and assets, flight risk, and humanitarian reasons. If you do not leave by the deadline or breach the conditions, a deportation order is issued without delay and the bond may be forfeited to the state. Keep your flight reservation and departure order, and if an unavoidable problem arises, apply for a deferral before the deadline.
If I leave Korea voluntarily after overstaying for a long time, can I come back later?
It depends on how you left. If you leave under a deportation order, you may be barred from entering until 5 years have passed, but leaving within the deadline under a departure order does not automatically fall under this statutory entry ban. However, whether an entry restriction applies and for how long can be decided separately case by case, and your stay history will also be checked in later visa reviews. Keeping your fine payment receipt and departure order will give you supporting documents if you later request that an entry restriction be lifted.
It has been more than 90 days since I entered Korea and I haven't registered as a foreigner — is that treated the same as overstaying?
It is a different violation. A foreign national who intends to stay longer than 90 days must complete alien registration within 90 days of entry; failing to do so carries up to 1 year in prison or a fine of up to 10 million won and is also a ground for deportation. If your period of stay has not expired, it is not overstaying, but late registration can still lead to offense proceedings. Gather your passport, photo, proof of address, and records explaining the delay, and apply for registration right away.
If I apply late for status of stay for my foreign child born in Korea, does the child become an illegal resident?
Missing the deadline can mean the child stayed without a status of stay. A foreign national born in Korea must obtain a status of stay within 90 days of birth, and staying in violation of this carries up to 3 years in prison or a fine of up to 30 million won and is also a ground for deportation. Apply within the deadline with the birth certificate, the parents' passports and residence cards, and documents confirming the family relationship. If the deadline has already passed, it is best to apply immediately with materials explaining the delay.
What happens if I can't afford to pay my overstay fine in Korea?
If you do not pay within 15 days of receiving the notice, you may be referred to prosecutors and the matter moves into criminal proceedings; paying before the referral prevents it. The fine cannot be paid in installments, but it can be paid by credit card and similar means. If a deportation order has been issued, there is no criminal referral even if the fine is unpaid. If affordability is the issue, it is important to submit income and asset records during the investigation before the notice is issued so that your situation is known.
My family member was caught overstaying and is in an immigration detention center in Korea — what can I do?
A guarantor or similar person can apply to the Foreigner Protection Committee for temporary release from protection (보호의 일시해제), and if granted, a deposit of up to 20 million won and conditions such as a residence restriction and regular reporting are attached. If a deportation order was issued, an objection can be filed within 7 days of receiving the order, so check that deadline first. Prepare a letter of guarantee, family relationship documents, proof of residence, and records showing why temporary release is needed, such as illness or childcare. If there is no passport or no transportation arranged, repatriation can be delayed and detention prolonged, so check the passport status as well.
Key terms
- Extension of period of stay (체류기간 연장허가)
- Permission from the Minister of Justice that a foreign national must apply for and obtain before their period of stay ends in order to remain beyond it.
- Notice of disposition / fine notice (통고처분)
- A disposition in which the head of the regional immigration office, after obtaining conclusive evidence of an offense through investigation, notifies the offender in writing to pay an immigration fine at a designated place.
- Immigration fine reduction (범칙금 경감)
- Reducing the standard immigration fine by up to one half considering the offender's age and circumstances, the motive and consequences of the violation, ability to pay, and the number of violations.
- Departure order document (출국명령서)
- The written order issued with a departure order, stating a departure deadline within 30 days of issuance and conditions such as a residence restriction.
- Alien registration (외국인등록)
- Registration that a foreign national intending to stay more than 90 days from entry must complete within 90 days with the head of the regional immigration office having jurisdiction over their address.
- Granting of status of stay (체류자격 부여)
- A status of stay that a foreign national who came to be in Korea without one, such as a person born in Korea, must obtain within a set period, such as 90 days from birth.
- Temporary release from protection (보호의 일시해제)
- Temporarily releasing a person from protection, with a deposit of up to 20 million won and conditions, considering the detainee's circumstances, the reasons for the request, and their assets.
