When you should get advice
- My foreign spouse's marriage migrant (F-6) visa was refused
- I want to come back to Korea, but I was told I am subject to an entry ban
- I was not allowed to enter at the airport and had to go back
- I was deported in the past, but now I am married to a Korean
- My visa was refused, but I did not receive the reasons in writing
Relevant laws
Immigration Act Articles 7 and 8 (Entry of Foreigners; Visas)
Foreigners must enter with a valid passport and a visa issued by the Minister of Justice. People covered by visa waiver agreements and others are exceptions. The standards and procedures for issuing visas are set by Ministry of Justice ordinance.
Immigration Act Article 11 (Prohibition of Entry, etc.)
Entry can be prohibited for people who may pose a public health risk, people who may harm the interests or public safety of the Republic of Korea, or the economic order, social order or good morals, and people who left after receiving a deportation order less than 5 years ago, among others.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
An entry ban and a visa refusal are different problems
An entry ban is a decision by the Ministry of Justice to block a specific foreigner from entering, while a visa refusal means that a Korean embassy or consulate or the immigration office does not accept a visa application. If you are under an entry ban, a visa application is likely to be refused. You first need to tell whether the refusal was because of an entry ban or because of documents or requirements.
The most common reasons for an entry ban are past overstaying, illegal employment, deportation and criminal penalties. A person who left after receiving a deportation order may be banned from entering until 5 years have passed, and the actual length of the restriction depends on the reason.
Why it is hard to challenge a visa refusal in court
In a lawsuit filed by a foreigner who was refused a marriage migrant (F-6) visa, the Supreme Court held that a foreigner does not have a legal interest in seeking cancellation of a visa refusal (Supreme Court Decision 2014Du42506, May 15, 2018). It cited the nature of visa issuance, the purpose of the Immigration Act and the principle of reciprocity, among other reasons.
On the other hand, in a case involving the refusal of an overseas Korean visa, the Supreme Court held that notifying the refusal only by phone without a written decision violated the Administrative Procedures Act, and that a refusal made without weighing the interests involved was a deviation from or abuse of discretion (Supreme Court Decision 2017Du38874, July 11, 2019). The same judgment found that an entry ban decision entered only into an internal computer system without being communicated externally was not a decision that could be challenged in court. Which options are open depends on the applicant's status and connection to Korea.
What to add when reapplying
If a marriage migrant visa was refused, we check which requirement was found lacking, such as the genuineness of the marriage, the ability to communicate, or the inviting spouse's income and housing. Adding records of conversations and photos showing how the relationship developed, visit records and proof of income can sometimes change the result.
If the refusal is due to a past violation, we prepare evidence explaining the circumstances at the time, how much time has passed since then and your family relationships in Korea. Reapplying with the same documents without knowing the exact reason for refusal is likely to lead to the same result.
If you were refused entry at the airport
At immigration inspection, officers check whether your passport and visa are valid, whether your purpose of entry fits your status of stay, and whether you are subject to an entry ban. If you cannot prove that you meet these requirements, you may not be permitted to enter (Immigration Act Article 12).
A person who is not permitted to enter can be temporarily held in the airport's holding room for foreigners for up to 48 hours, which can be extended once by another 48 hours if unavoidable (Article 56). It is difficult to change the decision within this short time. It is more realistic to find out the reason for refusal after you return and prepare for your next entry. If a company or family member is inviting you, have their documents ready in advance.
How the Jisan Law Foreigner Center handles your case
- 1
Finding out how the refusal happened
We check the refusal notice or the information given, as well as past immigration records, to determine whether it was due to an entry ban or a problem with requirements.
- 2
Deciding whether it can be challenged
Looking at the applicant's status and how the decision was made (such as whether a written decision was given), we decide whether an administrative lawsuit is possible or whether reapplying is better.
- 3
Strengthening the reapplication
We help you reapply by organizing evidence and a written explanation to meet the requirements found lacking.
- 4
Procedures for family in Korea
We also prepare the documents and statements needed from your spouse or the inviting person in Korea.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
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Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
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Frequently asked questions
Can I find out in advance whether I am subject to an entry ban?
In many cases, the person concerned checks whether there is an entry ban and how long it lasts by contacting the immigration office directly. Whether this can be checked through a representative depends on the office's guidance, so decide how to check it together during your consultation.
Can I ask for an entry ban to be lifted before it ends?
Where there are humanitarian reasons, such as living with Korean family members, people sometimes ask for the ban to be lifted. Whether to accept is at the Ministry of Justice's discretion, so the request must be backed with enough evidence of your circumstances.
Can my Korean spouse file a lawsuit on my behalf?
Court precedent held that the foreigner who applied for the visa has no legal interest in seeking its cancellation. Whether a Korean spouse can file a lawsuit directly depends on the content of the decision and which of the spouse's interests are affected, so we decide after looking at the decision and how it was made.
Can I call a lawyer at the airport after being refused entry?
You can contact one, but the temporary holding period is short, up to 48 hours, so it is difficult to change the decision within that time. It is more realistic to get help finding out the reason for refusal after you return and preparing to come back.