TITLE : FAQ on FDI in Korea 2023 (Q201~Q205)
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■ FAQ on FDI in Korea 2023 (Q201~Q205)
Visa
Q201 | In order to help promote the convenience of a foreign employee dispatched to a foreign- invested company, can a domestic helper be hired overseas? |
A foreigner who invested USD 500,000 or more and theexecutives dispatched to a foreign-invested company thatinvested USD 500,000 or more can apply for a visa issuancefor a domestic helper who he/she hired overseas at least oneyear ago from the date of visa application. Also, businessesthat invested USD 100,000 or more but less than USD 500,000that are high-tech businesses* hiring three or more fulltime domestic employees can apply for a visa applicationfor a domestic helper as well.
* High-tech businesses are the eight high-tech businesses (i.e., IT,technology management, nano, digital electronics, transport andmachinery, new materials, environment and energy) eligible forKOTRA’s Gold Card issuance.
- The invited domestic helper can submit the following documents to theSouth Korean embassy or consulate in his/her country, and enter Koreaby applying for and receiving a Household Assistant (F-1) visa. (However,if he/she is residing in a third country for a long period due to acquisitionof permanent resident status or employment, the person may apply atthe South Korean mission located in the country of residence.)
- The invited domestic helper must notify the immigration office governinghis/her place of stay when the cause for visa issuance becomes invalid,such as expiration of employment contract, termination of employment,loss of employer’s Business Investment (D-8) status, etc.
< Documents to be submitted >
- Visa issuance application, passport, one standard photograph, fee
- Copy of foreign-invested company registration certificate, certificate ofcorporate register, or copy of business registration certificate
- Employment contract, employer's recommendation letter and letter ofguarantee
- Document certifying employment of at least one year (proof that the personhas been employed overseas for at least one year from the point of application)
- Documents certifying educational background of domestic helper
- Employment certificate in the case of executives/employees
- Documents proving the income conditions of the employer (receipt ofincome tax withholdings, certificate of income amount, salary paymentstatement, copy of bankbook, etc.)
- Document proving full time employment of Korean nationals under employment (person with investment amount of less than USD 500,000)
* When recognized as especially necessary in the evaluation process,some of the document requirements can be adjusted.
Q202 | What is the process of granting status of stay to a child born in Korea to a foreigner residing in Korea with a Business Investment (D-8) visa holder? |
A foreigner who is born in Korea and wishes to receivestatus of stay must report to the immigration office havingjurisdiction over his/her place of stay within 90 days fromthe date of birth. If an application for grant of status of stayis not filed within that period, a penalty shall be imposedfor violating the Immigration Act (Article 79). However, ifthe child departs from the country within 90 days fromthe date of birth, he/she can leave without being granted astatus of stay.
< Documents to be submitted >
- Application form
- Passport of foreigner's child (When an application for a passport is beingprocessed at an embassy: Register with passport application receipt slip,and submit passport after registration)
- One copy of the alien registration card of the child’s father or mother
- Birth certificate of child (※ Certified copy of family register in the case ofJapan, Taiwan)
- One color photograph of child, 3cm x 4cm
- Fee: Grant of sojourn status (KRW 80,000)
Q203 | If an illegal resident undergoes a change in status to that of Non-professional Employment (E-9) due to government measures to legalize the status of illegal residents, can he/she receive permission for change in status of stay to Business Investment (D-8) without leaving the country? |
In the case of Non-professional Employment visa, theprocess for changing the status of stay is restricted inKorea, so it is advised to complete the processes required toacquire a status of stay (e.g., foreign investment notification,registration of foreign-invested company, registration ofcorporate register certificate), depart the country, and thenre-enter Korea after receiving a visa from a diplomaticmission from the home country. However, it should benoted that the funds created through employment in Koreacannot be recognized as foreign investment funds.
• Foreign investment under the Foreign Investment Promotion Act meansa foreigner (individual or corporation)'s remittance of investment fundsfrom overseas for investment in a Korean corporation or company. Afterthe required investment processes are completed and a visa is issuedfrom an overseas diplomatic mission of Korea or a visa is not issued forinevitable causes, an application for change of status of stay to BusinessInvestment (D-8) can be filed at an immigration office having jurisdictionover the place of stay in Korea.
Q204 | Can a foreign investor establish a traditional Thai massage house in Korea and hire foreigners as a foot masseur/masseuse, skin care specialist, or spa employee? |
In order to work as a masseur/masseuse in Korea, one mustbe visually-impaired and hold a qualification certificateas a masseur/masseuse. According to the Medical ServiceAct, only visually-impaired persons are allowed to be amasseur/masseuse. In order to receive a certificate forqualifying as a masseur/masseuse, one must complete theprescribed training and will then receive a qualificationcertificate from the city mayor or provincial governor.Therefore, if a foreign investor establishes a massage shopin Korea and hires foreigners as employees, it constitutes aviolation of the law.
※ When a non-disabled person (including foreigners) engages in the massagebusiness, he/she can be subject to up to three years of imprisonment or a fine ofup to KRW 30 million for violating the Medical Service Act.
Q205 | When a person invites a foreigner with false guarantee of identity or applies for visa issuance under false grounds, what punitive measures are imposed? |
According to Article 7-2 of the Immigration Act (Prohibitionof false invitations, etc.), it is prohibited to engage in thefollowing acts in order to enter a foreigner into the country:
- Recording false information, providing false guarantee of identity, orengaging in other illegal acts to invite a foreigner or mediating such an act
- Applying for a visa or confirmation of visa issuance under false grounds,or mediating such an act
※ Persons that engage in the above acts are subject to imprisonment of up to threeyears or fine of up to KRW 30 million.