TITLE : FAQ on FDI in Korea 2023 (Q182~Q185)
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■ FAQ on FDI in Korea 2023 (Q182~Q185)
Visa
Q182 | What are the types and classifications of visas? |
1. Types of visas
- Single-entry visa
- Entry limited to one occasion within the expiration period
- Expiration period: 3 months from the date of issuance
- Multiple-entry visa
- The visa holder can enter the country on two or more occasions withinthe expiration date.
- Expiration period: Entry is permitted for the following period from thedate of issuance:
- Multiple entry visas pertaining to Diplomat (A-1), Government Official(A-2), International Agreement (A-3): Within 3 years
- Multiple entry visas pertaining to Visiting Employee (H-2): Within 5 years
- Multiple entry visas issued under an agreement for the issuance ofmultiple entry visa: The period prescribed in the agreement
- Other visas mostly have an expiration period of one year
2. Classification of short-term sojourn and long-term sojourn visas
- Short-term sojourn visa
- Short-term visas issued to foreigners who intend to stay short-term (within 90 days): Short-term Press Coverage (C-1) Visa, Short-term Visit (C-3) Visa, Short-term Employee (C-4) Visa
- Long-term sojourn visa
- Visas issued to diplomats, foreign government officials, those exempted in accordance with international agreements (personssubject to SOFA) and their family members: Diplomat (A-1) Visa, Government Official (A-2) Visa, International Agreement (A-3) Visa
- Visas that are issued to persons that can engage in employment (visa with E type sojourn status): Professor (E-1) Visa, Foreign Language Instructor (E-2) Visa, Researcher (E-3) Visa, Technical Instructor/Technician (E-4), Professional (E-5) Visa, Arts/Athlete (E-6) Visa, Foreign National of Special Ability (E-7) Visa, Seasonal Worker (E-8) Visa, Non-professional (E-9) Visa, Vessel Crew (E-10), Working Holiday (H-1) Visa, Work and Visit (H-2) Visa
※Resident (F-2) visa, Overseas Korean (F-4) Visa, and Spouse of a KoreanNational (F-6) visa holders may engage in employment regardless of thetype of business.
- Other general visas: Korean Arts and Culture (D-1) Visa, Student (D2) Visa, Industrial Trainee (D-3) Visa, General Trainee (D-4) Visa, Longterm News Coverage (D-5) Visa, Religious Worker (D-6) Visa, Intracompany Transferee (D-7) Visa, Business Investment (D-8) Visa,International Trade (D-9) Visa, Family Visitor (F-1) Visa, Resident (F2) Visa, Dependent Family (F-3) Visa, Overseas Korean (F-4) Visa,Permanent Resident (F-5) Visa, Miscellaneous (G-1) Visa
※ For further questions, inquire at the Ministry of Justice's 1345 ImmigrationContact Center (1345 without an area code), or visit Hi Korea (http://www.hikorea.go.kr/).
Q183 | What is the visa issuance certificate? |
If deemed necessary, the Minister of Justice may issue a visa issuance certificate to a foreigner who intends to enter the Republic of Korea, upon application of the foreigner, before an overseas diplomatic mission issues a visa.
An application for a visa issuance certificate may be filed by any person who intends to invite a foreigner to the Republic of Korea on behalf of the foreigner (Article 9 of the Immigration Act).
The purpose of issuing a visa issuance certificate is to simplify the visa issuance procedure and to shorten the visa issuance period in order to enhance the convenience of foreigners and their inviters in Korea.
When the visa issuance certificate is issued, the inviter sends the issuance number and documents to the foreigner living abroad.
When the foreigner applies for a visa at an overseas diplomatic mission of Korea, he/she can receive the visa if he/she submits the documents and the issuance number of the certificate.
※ A foreigner who wishes to receive a visa issuance certificate must submit the application form and required documents to the immigration office with jurisdiction over the residence of the person who wishes to invite him/her.
The effective period of the visa issuance certificate is three months from the date of issuance.
Q184 | What is the status of stay? |
- The Republic of Korea has the status of stay system as a basic system for managing the entry and departure of foreigners and their stay in Korea (Article 10 of the Immigration Act and Article 12 of the Enforcement Decree of the Act)
- A status of stay is a classification of the types of social activities thatforeigners staying in Korea can engage in and the status of foreigners in Korea.
- As long as a foreigner who entered Korea with a specific status of stay maintains the activities or status permitted under that status of stay, his/her stay in Korea shall be guaranteed.
However, where a foreign intends to change his/her status of stay to another one or intends toengage in an activity that is not covered by his/her current status of stay, permission should be obtained beforehand.
- Article 10 (Status of Stay)
A foreigner who intends to enter Korea should obtain the statusof stay prescribed by Presidential Decree.- Standard status of stay: a status of stay by which a period of stay in the Republic of Korea is limited pursuant to this Act
- Status of permanent residency: a status of stay by which permanent residency in the Republic of Korea is permitted.
- Article 10-2 (Standard Status of Stay)
① The standard status of stay under subparagraph 1 of Article 10(hereinafter referred to as “standard status of stay”) shall beclassified as follows:- Status of short-term stay: a status of stay by which it is permitted to stay in the Republic of Korea for not more than 90 days (where a period of stay exceeds 90 days pursuant to a visa exemption agreement or the reciprocity, such period of stay) for the purpose of tourism, visit, etc.
- Status of long-term stay: a status of stay by which is permitted to stay in the Republic of Korea within a maximum period exceeding 90 days prescribed by Ordinance of the Ministry of Justice for the purpose of study, training, investment, presence for business, marriage, etc.
- Article 10-3 (Status of Permanent Residency)
① Limitations on the extent of activities and the period of stay shall not apply to an alien granted the status of permanent residency under subparagraph 2 of Article 10 (hereinafter referred to as “status of permanent residency”),
② Persons who intend to acquire the status of permanent residency shall be persons eligible for the status of permanent residency prescribed by Presidential Decree and meet each of the following requirements:- He or she shall be of good conduct, such as observing the Acts and subordinate statutes of the Republic of Korea.
- He or she shall be able to make a living, relying on the income, assets, etc. of his or her own or a family member with whom he or she share livelihood.
- He or she shall have basic knowledge necessary to continuously live as a national of the Republic of Korea, such as Korean language capability and the understanding of Korean society and culture.
④ Matters necessary for the standards, extent, etc. of the requirements under each subparagraph of paragraph (2) shall be prescribed by Ordinance of the Ministry of Justice. - Enforcement Decree of the Immigration Act Article 12 (Status of General Stay)
Types of the status of short-term stay under Article 10-2 (1) 1 of the Act, and types of the status of long-term stay and persons falling under each type of status of stay or scopes of activities by type of status of stay under subparagraph 2 of the same paragraph, are as specified in attached Tables 1 and 2,respectively. - Enforcement Rules of the Immigration ActArticle 18-3 (Upper Limit of the Period of Stay Granted to EachStatus of Stay)
The upper limit of the status of stay for each type of status of stay pursuant to Article 10-2 (1) 2 of the Act shall be as prescribed by attached Table 1. However, the Minister of Justice may set the upper limit differently when it is deemed necessary under international customs, the principle of reciprocity ornational interest.
Q185 | If a foreigner entered Korea with a Tourist/ Transit (sojourn status: B-2, 30 days or 3 months) visa, when is the first and last day when calculating the period of stay? |
When calculating the period of stay, the date of entry is not included, and the period is calculated from the day following the date of entry. When the date of expiration of the period of stay falls on a public holiday, the following day shall be the expiration date. If it falls on a Saturday, two days later (Monday) shall be the expiration dat
- For example, when a foreigner has entered the country with a Tourist/Transit (B-2, 30 days) visa on March 31, 2023, the effective period of the visa shall begin from the following day, April 1, and the expiration date of the stay shall be April 30. However, since the day after April 30 is a public holiday, the day after the following day (May 2) shall be the expiration date.
- On the other hand, if the foreigner has entered the country on March 31, 2023 with a Tourist/Transit (B-2, 3 months) visa, the effective stay period shall be calculated in months, and the expiration date shall be June 30, 2023.
If the expiration date is a public holiday, the following day shall be the effective expiration date, while if the end of the visa period lands on a Saturday, the following Monday shall be the effective expiration date.
This is because Korea’s Civil Act prescribes that if a period has been fixed by the week, month or year, the first day of such period shall not be includedin the computation, and it shall be computed according to the calendar.