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 permanent residency (F-5) be cancelled if I am convicted of a sexual offense?
Depending on the sentence, it can be cancelled, and deportation may even be considered. If a sentence of 2 years or more of imprisonment with or without labor becomes final for violating laws on sexual violence crimes, it is a ground for cancellation of permanent residency, and if you are sentenced to 5 years or more of imprisonment with or without labor for rape, indecent acts, or a sexual violence crime and released, even a permanent resident can become subject to deportation. Even if your permanent residency is cancelled, you can receive a general status of stay on application if the need to keep living in Korea is recognized and you meet the requirements. Prepare the judgment, family relationship documents, and materials showing why you need to stay in advance.
I received a notice to appear at a hearing on cancellation of my permanent residency in Korea — what should I prepare?
First check the cancellation ground stated in the notice, and prepare an opinion statement that addresses that ground. The intended ground for cancellation and the date, time, and place of appearance are notified at least 7 days before the appearance date, so the time from receiving the notice to the appearance date is your preparation period. In the opinion statement, describe the judgment and how the sentence has been served, your efforts to compensate the victim, and your family and livelihood in Korea, and also prepare the required documents for a general status of stay so that you can receive one even if your permanent residency is cancelled. If you cannot attend, let the office know in advance and check whether you can submit in writing.
If I am held in a Korean immigration detention center after serving a sentence for a sexual offense, can the detention last longer?
It can. Protection (보호) under a deportation order cannot in principle exceed 9 months in total, but a person sentenced to imprisonment without labor or heavier for crimes set by presidential decree, such as rape, indecent acts, or sexual offenses against children and youth, can be held for up to 20 months in total, extended by 3 months at a time with the approval of the Foreigner Protection Committee, if they still cannot be repatriated after 9 months. Before an application for approval of an extension, you have a chance to state your opinion orally or in writing, so submit an opinion statement covering your cooperation with repatriation and your family circumstances. You can also apply for temporary release from protection with a deposit of up to 20 million won and conditions such as a residence restriction.
I reported sexual violence in Korea — do I have to leave the country if my visa expires during the investigation?
There is a way to avoid leaving right away. A foreigner going through a remedy procedure such as a trial or investigation because of a sexual violence crime can be granted an extension of period of stay until that procedure ends, and further extensions are possible afterward if needed for recovery from the harm. Even if such a foreigner becomes subject to deportation, enforcement of the deportation order can be suspended or the person can be temporarily released from protection with conditions while the procedure is ongoing, and there is also the Miscellaneous (G-1) status for people who need humanitarian consideration, such as victims of sexual violence. Prepare a case receipt confirmation, documents on the progress of the investigation or trial, and counseling and medical records, and apply before your period of stay ends.
Can an employer who was punished for a sexual offense in Korea still get a visa issuance certificate to invite a foreign employee?
It may not be issued for a certain period. A Certificate for Confirmation of Visa Issuance may be refused for an inviting party for whom 5 years have not passed since the date an actual sentence of imprisonment without labor or heavier for violating laws on sexual violence crimes was completed or exempted, or since the date a suspended sentence of imprisonment without labor or heavier became final. If you are a company representative or sole proprietor, check the date the judgment became final and the date the sentence ended before inviting anyone, and calculate the restriction period. Even after the restriction period has passed, other circumstances may also be reviewed in the invitation assessment.
If I was punished for a sexual offense in my home country, can I still change to a residence (F-2) visa in Korea?
Depending on the status, it is a disqualifying factor. Statuses such as points-based talented residence (F-2-7) and K-STAR residence (F-2-7S) treat having been sentenced abroad for a sexual violence-related crime as a disqualification. Applications for long-term statuses often require an overseas criminal record certificate, so the record cannot be hidden, and a permit obtained by deception or other wrongful means can be cancelled later. Prepare a translated copy of the judgment and records showing the sentence has ended, and first review whether you can keep your current status or whether there is another way to stay.
I received a deportation order in Korea for a sexual offense case — will having a Korean spouse and children be considered in my objection?
Your family circumstances are key material that must be included in the 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, and the office forwards it with the review decision and investigation records. Attach a marriage relationship certificate and family relationship certificate, your children's school documents, proof that you support your family, proof of compensation to the victim, and records of completing reoffending prevention education. The result is notified through the office, so while you wait, also consider temporary release from protection and prepare for departure.
I am under investigation in Korea after being accused of sexual harassment — can I still apply for a visa extension?
You must. Even during an investigation, if you do not apply for an extension before your period of stay ends, you will be violating the rules on overstaying separately from the case. The review may ask for additional materials to check on the progress of the case, so keep your summons and the documents related to the complaint and explain truthfully. If the case ends with no charges or similar, submit the notice of the case outcome; if you are indicted, submit the later judgment at your next review.
What happens if I hide a sexual offense record when applying for a Korean visa?
If it comes to light, it can lead to criminal punishment, deportation, and cancellation of your permit. Applying for a visa or a Certificate for Confirmation of Visa Issuance with false information is punishable under the Immigration Act by up to 3 years of imprisonment or a fine of up to 30 million won, and a foreigner who entered that way becomes subject to deportation. A permit obtained by deception or other wrongful means can be cancelled even if this is discovered later. If you have a record, apply truthfully with the judgment and records showing the sentence has ended, and if there is an entry ban, start by reviewing a request to lift it.
How to lift an entry ban to Korea after being deported for a sexual offense?
You can request it, but the timing and supporting materials matter. A person who left after receiving a deportation order can be subject to an entry ban for up to 5 years after departure, and whether entry restrictions continue after that and for how long is decided case by case. In the request to lift the ban, describe in detail and with supporting documents the records showing the sentence has ended, records of completing reoffending prevention education, and the family or humanitarian reasons you need to come to Korea. Processing time depends on the authority with jurisdiction.
Key terms
- 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 laws on sexual violence crimes and similar laws, or combined prison terms of 3 years or more within the last 5 years.
- General status of stay (일반체류자격)
- A status of stay other than permanent residency that can be granted on application to a person whose permanent residency was cancelled, if the need to keep living in Korea is recognized and the requirements are met.
- Hearing (의견청취)
- A procedure in which the Minister of Justice has the foreigner appear and hears their opinion when needed to cancel or change a stay permit or similar. The grounds and the date, time, and place of appearance must be notified at least 7 days before the appearance date.
- Approval to extend the protection period (보호기간 연장 승인)
- The procedure for extending protection by up to 3 months at a time, with the approval of the Foreigner Protection Committee, when a person who received a deportation order still cannot be repatriated after 2 months.
- Special rules for marriage migrants (결혼이민자 등에 대한 특칙)
- A system that allows an extension of period of stay, until the procedure ends, for foreigners going through a remedy procedure such as a trial or investigation as victims of sexual violence, domestic violence, and similar harm.
- Prohibition of false invitations (허위초청 등의 금지)
- Rules prohibiting inviting a foreigner with false statements or a false guarantee of identity, applying for a visa or a Certificate for Confirmation of Visa Issuance with false information, or brokering such acts.
- Entry restriction (입국규제)
- A measure by which the Ministry of Justice blocks entry by a foreigner who falls under a ground for an entry ban. Apart from the 5 years after deportation, whether restrictions apply and for how long is decided case by case.
