I received a request to appear from Korean immigration
This page sets out what to check first when an immigration office asks you to appear (by a written summons or by phone). The procedure and outcome may differ depending on the individual case.
What this situation means
- Immigration officers may investigate a foreign national suspected of falling under a ground for deportation (Immigration Act Art. 46(1)) — the 'suspect' — and, where needed for the investigation, may request the suspect to appear for questioning.Source: Immigration Act (출입국관리법) Art. 47 · Immigration Act (출입국관리법) Art. 48(1)
- The request to appear is to be made by a written summons stating its purpose and the date, time and place; in urgent cases it may be made orally.Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58
- After the investigation, the head of the office reviews and decides whether the person falls under a ground for deportation. If not, the person is to be notified. In other words, the outcome is not decided at the stage of receiving the request to appear.Source: Immigration Act (출입국관리법) Art. 58 · Immigration Act (출입국관리법) Art. 59(1)
- Depending on the investigation, a notice-of-disposition procedure (a written notice to pay a set amount instead of a fine) may also follow.Source: Immigration Act (출입국관리법) Art. 102(1)
- Immigration officers may also request a witness (not the suspect) to appear and give a statement if needed for the investigation. If a family member was contacted, first check the purpose written on the summons.Source: Immigration Act (출입국관리법) Art. 49(1) · Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58
- The rules on interpretation and on reviewing and correcting the record also apply to witness statements.Source: Immigration Act (출입국관리법) Art. 49(2)
Deadlines
- The date, time and place are to be written on the summons. The appearance date is not a fixed number in the law — check it on the summons you received (or from the oral notice).Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58
- If you need to confirm or adjust the schedule, contact the office named on the summons in advance.
3 things to do now
For the person concerned: Check the purpose, date, time and place on the summons, and keep a photo or copy.
For family members: Look at the summons together with the person concerned and confirm the date and place.
Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58For the person concerned: If it is difficult to give your statement in Korean, ask for an interpreter. Statements of a person who does not understand Korean are to be interpreted by an interpreter.
For family members: If the person concerned is not fluent in Korean, help them tell the office in advance that an interpreter is needed.
Source: Immigration Act (출입국관리법) Art. 48(6)For the person concerned: Prepare your passport, residence card and any materials related to the purpose of the summons.
For family members: If there are materials about the person's life in Korea (such as family relationship documents), organise them as well.
What not to do
- Do not sign the record without checking its contents. The record is to be read to you or shown to you, you are to be asked whether there are any errors, and if you request an addition, deletion or change, that statement is to be written into the record.Source: Immigration Act (출입국관리법) Art. 48(4) · Immigration Act (출입국관리법) Art. 48(5)
- Do not guess when answering a question you did not understand. Ask for interpretation or a further explanation if needed.Source: Immigration Act (출입국관리법) Art. 48(6)
- Do not say anything untrue or submit documents that do not reflect the facts.
- Do not leave the date on the summons unchecked.Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58
Documents to prepare
- The summons you received (if the request was oral, a note of the date, office and department that contacted you)Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58
- Passport and residence card
- Materials related to the purpose of the summons (e.g. copies of employment, residence or disposition documents, if any)
- Where needed for the investigation, officers may, with the suspect's consent, request documents or items to be submitted. The documents needed may differ depending on the individual case and the office's instructions.Source: Immigration Act (출입국관리법) Art. 50
Official sources
- Immigration Act (출입국관리법) Art. 47
- Immigration Act (출입국관리법) Art. 48(1)
- Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 58
- Immigration Act (출입국관리법) Art. 58
- Immigration Act (출입국관리법) Art. 59(1)
- Immigration Act (출입국관리법) Art. 102(1)
- Immigration Act (출입국관리법) Art. 49(1)
- Immigration Act (출입국관리법) Art. 49(2)
- Immigration Act (출입국관리법) Art. 48(6)
- Immigration Act (출입국관리법) Art. 48(4)
- Immigration Act (출입국관리법) Art. 48(5)
- Immigration Act (출입국관리법) Art. 50
- HiKorea (Ministry of Justice portal for foreign nationals)
- Korea Immigration Service, Ministry of Justice