When you should get advice
- I received a notice from the immigration office to appear regarding the cancellation of my stay permit
- I am being investigated because documents I submitted in the past are said to be untrue
- After my criminal judgment became final, I was told my permanent residency may be cancelled
- I was told that my guarantor has withdrawn their guarantee
- I want to know whether I must leave right away if my permanent residency is cancelled
Relevant laws
Immigration Act Article 89 (Cancellation or Change of Permits)
A visa, entry permit, stay permit or other permit can be cancelled or changed if the guarantor withdraws the guarantee or no longer exists, if it turns out the permit was obtained by false or improper means, if the permit conditions were breached, if circumstances have changed so seriously that the permit cannot be maintained, or if the violation of law is serious or a legitimate official order was violated. If necessary, the person is called to appear and give their opinion, and must be informed of the reasons, date, time and place at least 7 days before the hearing date.
Immigration Act Article 89-2 (Special Rules on Cancelling Permanent Residency)
Permanent residency can be cancelled only if it was obtained by false or improper means (must be cancelled), if a sentence of imprisonment with or without labor of 2 years or more becomes final for a crime under laws set by Ministry of Justice ordinance, if the total of prison sentences that became final within the last 5 years is 3 years or more, if the conditions of acquisition such as investment were breached, or if the person acted against the national interest. Even if it is cancelled, a general status of stay can be granted on application if the person needs to keep staying and meets the requirements.
Immigration Act Article 68(1)(3) and (3-2) (Departure Order)
A departure order can be issued to a person whose stay permit has been cancelled or whose permanent residency has been cancelled (except those granted a general status of stay).
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Cancellation is easiest to prevent before the decision
Cancellation of a stay permit usually starts with a request to appear or an investigation. The law provides that, if necessary, the foreigner is called to appear and give their opinion, and must be told the reasons for the intended cancellation, the date, time and place at least 7 days before the hearing. If you have received this notice, it means you still have a chance to explain your circumstances before a decision is made.
Before you appear, check each reason stated in the notice. You need to know which document or which action at what time is the problem in order to choose evidence to rebut it. If it is hard to explain in Korean, ask for an interpreter, and after giving your statement, ask for what was written to be read back to you.
Common grounds for cancellation
The most common is suspicion that documents submitted with the application were untrue, such as sham employment, an address where you do not actually live, or a marriage that does not match the facts. The issue then becomes whether you intended to deceive from the start or whether your circumstances changed. Evidence showing the situation at the time the documents were prepared is important.
Permits are also cancelled on the ground that the violation of law was serious. A case in which you received a criminal penalty is a typical example. Even for the same offense, the assessment differs depending on how it happened, compensation to the victim and how you have lived since, so we do not just submit the judgment but also organize the circumstances surrounding the case.
Permanent residency has its own grounds for cancellation
Permanent residency (F-5) has narrower grounds for cancellation than an ordinary stay permit. It can be cancelled only in the five cases set by law, and it must be cancelled if it was obtained by false or improper means. If a criminal case is the issue, you need to calculate whether the final sentence is 2 years or more, or whether the sentences that became final in the last 5 years add up to 3 years or more.
Even if your permanent residency is cancelled, you can receive a general status of stay on application if you need to keep staying in Korea and meet the requirements for a general status of stay. If this application is accepted, you are no longer subject to a departure order. Gather evidence in advance showing your family, job and long life in Korea.
If you have received a cancellation decision
You can challenge a cancellation decision through an administrative appeal or administrative lawsuit. It must be filed within 90 days of the day you learned of the decision. A departure order is often issued together with the cancellation, so the first priority is applying for a stay of execution within the departure deadline.
In a lawsuit, we argue whether the grounds for cancellation actually existed and, even if they did, whether they were serious enough to justify cancellation. We use evidence to show your long life in Korea, any family members with Korean nationality, how the violation happened and your conduct since then.
How the Jisan Law Foreigner Center handles your case
- 1
Checking the notice and the reasons
We check the legal provisions and reasons stated in the notice to appear or the decision, and organize the documents and facts at issue in chronological order.
- 2
Preparing your statement
Before the hearing, we organize what you will explain and the evidence to submit, and practice with likely questions. If needed, we also submit a written opinion.
- 3
Considering an application for a general status of stay
If cancellation of permanent residency is expected, we check the requirements for a general status of stay and prepare the application documents.
- 4
Challenging the decision and stay of execution
Once a decision is issued, we file an administrative appeal or administrative lawsuit, and if a departure order was also issued, we apply for a stay of execution.
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
What happens if I do not go after receiving a notice to appear?
You would be giving up your chance to appear and give your opinion, so the office is more likely to decide based only on the materials it has. If the date does not work for you, contact them in advance to ask for a different date, and if you cannot appear, at least submit your opinion in writing.
Will my permanent residency be cancelled if I receive a fine?
The grounds for cancelling permanent residency are based on sentences of imprisonment with or without labor, so a fine alone does not meet them (Immigration Act Article 89-2(1)). However, it may affect other grounds for cancellation or a later naturalization review, so it is still important to work to reduce the outcome.
I received both a cancellation decision and a departure order. Do I need to challenge both?
The two decisions are separate, so you need to check whether each one needs to be challenged. Usually, we argue that the cancellation is unlawful and at the same time ask for a stay of execution of the departure order.
Is my permit cancelled immediately if my guarantor withdraws their guarantee?
A guarantor withdrawing their guarantee or no longer existing can be a ground for cancellation, but cancellation is not mandatory (Immigration Act Article 89(1)(1)). Check whether you can find a new guarantor or whether you meet the requirements for stay without a guarantee, and submit your opinion.