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 am an international student who got a fine for shoplifting at a convenience store in Korea — can I still extend my student visa?
You can apply for an extension, but the review will show it as a criminal record, so be ready to explain what happened. If you want to change to Job Seeking (D-10) after graduation, a fine of 3 million won or more within 3 years of the application date, or a sentence of imprisonment without labor or heavier within 5 years, makes you subject to restriction, so the amount and timing matter. Prepare the summary order and fine payment receipt, the settlement agreement with the victim or a restitution receipt, a letter of apology, and certificates of enrollment and attendance. The extension must be filed before your period of stay ends.
If an Overseas Korean (F-4) gets several fines for fraud in Korea, will the F-4 status be restricted?
It is restricted depending on your total fines and the type of sentence. If your total fines in Korea are 7 million won or more, granting of Overseas Korean (F-4) status and similar permissions is restricted for 3 years from the date you fully paid the fine that brought the total to that level, and if you received imprisonment without labor or heavier or a suspended sentence, 5 years must pass from the date the sentence ended or the judgment became final. Even when you were sentenced abroad for fraud to a penalty equivalent to imprisonment without labor or heavier, visa issuance and change of status for Overseas Korean (F-4) are not permitted for 5 years from the sentencing date. Gather your judgments and fine payment receipts and start by calculating the period.
If I was punished for fraud in another country, can I still change to Korean permanent residency (F-5)?
As a rule, a change of status to permanent residency (F-5) is not permitted if you were sentenced abroad for intimidation, extortion, or fraud. If you received a penalty abroad equivalent to imprisonment without labor or heavier for another crime, you are treated as not meeting the good conduct requirement for 10 years from the sentencing date, so the permit is restricted. The record will appear on your overseas criminal record certificate, so check the content of the judgment and the name of the offense accurately in a translated copy, then first consider keeping your current status or another residence status.
Will a permanent resident be deported from Korea after being punished for theft or robbery?
Holders of permanent residency (F-5) are not deported unless an exception set by law applies, and among property crimes, being sentenced to 5 years or more of imprisonment with or without labor for robbery and released falls under the exceptions. Whether theft, fraud, or embezzlement falls under an exception depends on the law applied and the sentence, so first check the provisions applied in the judgment. If a sentence of 2 years or more of imprisonment with or without labor becomes final for violating the Criminal Act or similar laws, or if the total of sentences that became final within the last 5 years is 3 years or more, 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 livelihood in advance.
If I run a company in Korea on an investor (D-8) visa and get accused of embezzlement, can my status be cancelled?
If the violation is judged to be serious, your stay permit can be cancelled or changed. If a hearing is held before cancellation, the ground for cancellation and the date, time, and place of appearance are notified at least 7 days before the appearance date, so in the meantime you need to prepare an opinion statement with accounting records, records of compensation for the harm, and proof that the investment is being maintained. If the permit is cancelled, you can become subject to a departure order, and the departure deadline is set within 30 days of the date the departure order is issued. If the case is still at the complaint stage, the priority is not to miss your extension deadline until the outcome is known.
I am paying back fraud victims in installments — what documents should I attach to my opinion statement for the Korean immigration offense review?
The key is material that confirms your repayments by date and amount. Attach bank transfer records, the repayment agreement with the victim, and a plan for repaying the remaining amount, and if you have reached a settlement, submit the settlement agreement and the victim's statement of no wish to punish as well. In the opinion statement, describe what happened truthfully and use income documents to show that your repayment plan is realistic. It is best to have everything ready before the date on your summons.
I paid a compliance bond when I got a departure order for a theft case in Korea — can I get it back?
You get it back if you keep to the departure deadline and conditions and leave. The compliance bond is money you may be required to deposit, up to 20 million won, when a departure order is issued. If you miss the departure deadline, all or part of it can be forfeited to the national treasury, and if you violate conditions such as a residence restriction, part of it can be forfeited. Unless it is forfeited, it is to be returned when you leave. Keep the deposit receipt and the departure order, and if you need a condition changed, notify the office in advance.
I received a deportation order in Korea for an embezzlement case — will having fully repaid the damage help my objection?
Proof that you have fully repaid the damage is an important circumstance to include in your objection. The objection must be filed with the Minister of Justice through the head of the immigration office with jurisdiction within 7 days of receiving the deportation order. Attach a repayment confirmation and settlement agreement, family relationship documents, and employment and income documents, and describe concretely how your life has changed since the incident. If the objection is found to have merit, a person in protection is released from protection immediately.
I walked out of a supermarket without paying and got deferred prosecution in Korea — do I need to report it to immigration separately?
There is generally no procedure for reporting deferred prosecution to immigration yourself, but it can come to light when your criminal record is checked at your next extension or change. Some statuses count even deferred prosecution in the review: for example, in the extension review for skilled-worker residence (F-2), if the case counts as a 'serious crime', deferred prosecution, suspended sentencing, and fines of 1 million won or less within 10 years are all counted. Keep the prosecution's notice of the case outcome, the restitution receipt, and a letter of apology, and if you are asked about it in the review, explain truthfully. You can file your extension as usual before your period of stay ends.
If I leave Korea under a departure order for a fraud case, can I come back to Korea later?
Unlike deportation, a departure order does not automatically fall under the statutory entry ban ground of '5 years after deportation', but whether entry restrictions apply and for how long can be decided separately. Leaving by the departure deadline in the departure order (set within 30 days of the issue date) is the foundation for later reviews, and if you miss the deadline, a deportation order is issued. When preparing to return, gather the judgment, restitution and settlement documents, and proof of your departure, and if an entry restriction is confirmed, start by submitting a request to lift it.
Key terms
- Cancellation or change of a stay permit (체류허가의 취소·변경)
- A disposition by which the Minister of Justice cancels or changes visa issuance, stay permits, and similar permissions, for example when the permit was obtained by deception or other wrongful means, the permit conditions were violated, or the violation of law is serious.
- Departure order (출국명령)
- A disposition ordering departure for people such as those subject to deportation who wish to leave voluntarily at their own expense, those whose permit was cancelled, and those for whom departure measures are appropriate after a notice of disposition.
- Compliance bond (이행보증금)
- A deposit of up to 20 million won that may be required when a departure order is issued. It is returned on departure unless there is a ground for forfeiting it to the national treasury.
- Good conduct requirement (품행단정 요건)
- A requirement in reviews for long-term statuses such as permanent residency (F-5) that the applicant's conduct be good, including complying with the laws of the Republic of Korea.
- Overseas criminal record certificate (해외 범죄경력증명서)
- A criminal record certificate issued by the country of nationality or residence, required for many long-term status applications.
- 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, a final sentence of 2 years or more of imprisonment with or without labor for violating the Criminal Act or similar laws, or combined prison terms of 3 years or more within the last 5 years.
