Foreigner Center · Guides by situation
When you don't know where to start
Start with the guide closest to your situation. Each one explains, in order, what to do first and what to avoid.
Stay & Immigration
- When your extension of stay or change of status is refusedIf you have received a refusal notice (불허 통지서), first check the departure deadline. Filing an administrative appeal or lawsuit does not stop that deadline, so to challenge the refusal, you must also apply for a stay of execution within the deadline.
- When you receive a departure order or deportation orderAn objection to a deportation order (강제퇴거명령) must be filed within 7 days of receiving the order, and a departure order (출국명령) must be challenged within the set departure deadline. Start by checking the type of document you received and the dates.
- When a family member is held in an immigration detention centerIf a family member was moved to an immigration detention center (외국인보호소) or a holding room after a crackdown or after release from prison, first find out where and why they are being held. Detention has set time limits and procedures, and you can request a review and apply for temporary release to the Immigration Detention Committee (외국인보호위원회).
- When you receive a notice to appear about cancellation of your stay permitIf the immigration office has notified you to appear regarding the cancellation of your stay permit, this is your chance to explain your circumstances before a decision is made. Check each reason stated in the notice and bring the evidence you have prepared.
- When you receive a request to appear for an immigration violation review or a notice to pay an immigration fineIf it is confirmed that you overstayed or worked without permission, the immigration office will investigate and review your case. Your statement when you appear is kept in a statement record, and if you receive a notice to pay an immigration fine (범칙금 통고서) and do not pay within 15 days of receiving it, the case may be referred for prosecution and move into criminal proceedings.
Criminal
- When a foreigner is asked to appear at the policeIf the police have asked you to appear as a suspect, prepare your interpreter and how you will give your statement before questioning. For foreigners, the outcome carries over to immigration reviews, so you need to be careful from the very first questioning.
- When a foreign family member is arrestedWithin 48 hours of the arrest, it will be decided whether to request an arrest warrant (구속영장) for detention. If your family member is a foreigner, interpretation, consular notification and immigration issues must also be handled, so first find out which police station they are at.
- How a fine or suspended sentence affects your stayA fine, a suspended sentence and a prison sentence each affect your stay differently. If you know what each possible outcome means for your stay before your criminal case is decided, you can decide what to aim for in the investigation and trial.
Labor
- When you have not been paid your wages or severance payForeign workers can receive payment for their work regardless of their status of stay. If you have a departure date, it is important to plan the order of the petition, lawsuit and provisional attachment around that date.
- When an E-9 worker wants to change companiesWorkers under the Employment Permit System (E-9) can change workplaces only if there is a reason, and must apply within 1 month of the date their employment contract ended. Even if your employer does not agree, check whether you can apply because the reason is not your fault.
Family & Daily Life
- For marriage migrants considering divorce from a Korean spouseFor marriage migrants, divorce is both a family issue and an immigration issue. If the Korean spouse is mainly responsible for the breakdown of the marriage, there is a way to stay after the divorce, so organize your evidence before deciding how to divorce.
- Settling your deposit and money owed to you before leaving KoreaIf you have to leave Korea because your period of stay is ending or you received a departure order, and money is still owed to you, there are things to do before you leave. If you arrange a representative and documents, the procedures can continue even after you leave.
If you have received a document with a departure deadline, contact us before the deadline passes.
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