When you should get advice
- I applied to extend my stay and received a refusal notice (불허 통지서)
- I tried to switch to a work visa after graduating, but the change was refused
- The notice gives a date two weeks from now as my departure deadline
- I was told my extension was refused because of a past fine
- I was refused because the company's documents were incomplete, but the company will not help
- My whole family is in Korea, and leaving would destroy our life here
Relevant laws
Immigration Act Articles 24 and 25 (Permission to Change Status of Stay; Permission to Extend Period of Stay)
To engage in activities that fall under a different status of stay, you must first obtain permission to change your status of stay. To remain beyond your period of stay, you must obtain permission to extend it before the period ends.
Enforcement Decree of the Immigration Act Article 33 (Notice of Departure When Status of Stay Is Not Granted)
When an extension or change is not permitted, the applicant is notified, and the notice states a departure deadline no later than 14 days from its issue date. When a change is not permitted, the applicant may be allowed to keep staying under the status of stay already granted.
Administrative Litigation Act Article 20 (Filing Period) and Article 23 (Stay of Execution)
A lawsuit to cancel a decision must be filed within 90 days of the day you learned of the decision, and cannot be filed once 1 year has passed from the date of the decision. Filing a lawsuit does not suspend the decision, but if there is an urgent need to prevent harm that would be hard to undo, the court can order a stay of execution.
Administrative Appeals Act Article 27 (Period for Filing an Appeal)
An administrative appeal must be filed within 90 days of the day you learned of the decision and within 180 days of the date of the decision.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Reapplication, Administrative Appeal and Administrative Lawsuit Compared
Where
- Reapplication
- Immigration office
- Administrative appeal
- Central Administrative Appeals Commission
- Administrative lawsuit
- Administrative Court
Deadline
- Reapplication
- Must be within your period of stay
- Administrative appeal
- 90 days from the day you learned of it, 180 days from the date of the decision
- Administrative lawsuit
- 90 days from the day you learned of it, 1 year from the date of the decision
Suitable when
- Reapplication
- The reason was missing documents or unmet requirements
- Administrative appeal
- You want to challenge the decision with less cost and time
- Administrative lawsuit
- You want to fully dispute the facts or the discretionary judgment
Departure deadline
- Reapplication
- Runs separately from the new application
- Administrative appeal
- Stay of execution must be requested
- Administrative lawsuit
- Stay of execution must be requested
| Category | Reapplication | Administrative appeal | Administrative lawsuit |
|---|---|---|---|
| Where | Immigration office | Central Administrative Appeals Commission | Administrative Court |
| Deadline | Must be within your period of stay | 90 days from the day you learned of it, 180 days from the date of the decision | 90 days from the day you learned of it, 1 year from the date of the decision |
| Suitable when | The reason was missing documents or unmet requirements | You want to challenge the decision with less cost and time | You want to fully dispute the facts or the discretionary judgment |
| Departure deadline | Runs separately from the new application | Stay of execution must be requested | Stay of execution must be requested |
You can also file an administrative lawsuit directly without going through an administrative appeal (Administrative Litigation Act Article 18(1)). Which is better depends on the reason for refusal and how much time you have left.
Two things to check first on the notice
The refusal notice states the reason for refusal and the departure deadline. In principle, the departure deadline is set no later than 14 days from the notice's issue date. However, if the Ministry of Justice considers it necessary, it may set the expiry date of your already-permitted period of stay as the departure deadline.
When a change of status of stay is refused, you may sometimes be allowed to stay for the remaining period under the status you already hold. In that case, the notice may not state a departure deadline. First check which case applies to your notice.
The reason for refusal is often written in just one or two short lines. Ask the official in charge which requirement they found lacking, and write down the answer. This helps you decide the next step.
Deciding whether to reapply or to challenge the decision
If you were refused because of missing documents, such as proof of income or company documents, it may be faster to add them and reapply. On the other hand, if the problem is a judgment call, such as a criminal record, doubts about the purpose of your stay or suspicion of false documents, reapplying is likely to lead to the same result.
According to Supreme Court precedent, even when the requirements are met, the authorities have discretion to decide whether to grant a change of status of stay by considering the applicant's eligibility, the purpose of the stay and the effect on the public interest. However, a decision based on a factual error, or one so excessive that it violates the principle of proportionality, goes beyond that discretion and is unlawful (Supreme Court Decision 2015Du48846, July 14, 2016). In an administrative appeal or lawsuit, this must be shown with evidence.
Filing a lawsuit does not change the departure deadline
Filing an administrative appeal or an administrative lawsuit does not suspend the decision. If the departure deadline passes, you will be overstaying and may face deportation or punishment. That is why you must also apply for a stay of execution within the deadline and get a decision.
For a stay of execution, you must show harm that would be hard to undo and an urgent need. Prepare documents on circumstances that could not be reversed if you left, such as family living with you, study or medical treatment schedules, or ongoing court cases. A decision can take several days, so filing just before the departure deadline may be too late.
- Mark both the departure deadline and the deadline for an appeal or lawsuit on your calendar.
- If you cannot leave within the deadline because of illness or lack of transportation, you can separately apply to postpone the departure deadline (Enforcement Rules Article 33).
- Once the deadline has passed, your options to challenge the decision become very limited.
What is argued in an appeal or lawsuit
If the reason for refusal is factually wrong, we correct it with evidence. For example, if the reason is doubt about the purpose of your stay, we show your actual activities with work records, attendance records and salary transfer records.
Even if the reason itself is correct, you can argue that the decision is too harsh. We show whether the violation was minor, whether it happened long ago, whether you have lived responsibly since, and whether you have family and a life in Korea. If a criminal record is the problem, we submit the judgment together with evidence of compensation to the victim and settlement.
How the Jisan Law Foreigner Center handles your case
- 1
Calculating the dates
We check the notice's issue date, the date you received it, the departure deadline and your current expiry date, and first set the deadlines for the stay of execution and the appeal or lawsuit.
- 2
Analyzing the reason for refusal
We review the notice together with your application documents, determine whether the issue is a requirement or a discretionary judgment, and then decide between reapplying and challenging the decision.
- 3
Filing the stay of execution and the appeal or complaint
Within the departure deadline, we file the administrative appeal or the lawsuit and apply for a stay of execution at the same time.
- 4
Adding evidence and making arguments
We organize your work, study, family and tax records and the circumstances of any criminal record, and argue that the decision is unlawful or excessive.
- 5
After the outcome
If the decision is cancelled, we guide you through the new review. If your claim is dismissed, we decide together whether an appeal, reapplying or preparing to leave is the better option.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor (Incheon, Ansan, Hongseong) · University of Toronto
View profile →
Miso Kim Partner
Studied English interpretation and translation (Hankuk University of Foreign Studies) · Former in-house counsel, Wemade
View profile →
Frequently asked questions
How many days after receiving the refusal notice do I have to file a lawsuit?
The legal deadline for a lawsuit is 90 days from the day you learned of the decision. However, the departure deadline on the notice comes much sooner. In practice, you need to file the lawsuit and the application for a stay of execution together within the departure deadline in order to remain in Korea while you challenge the decision.
Can I apply for an extension on the day my period of stay ends?
You must apply for an extension before your period of stay ends (Enforcement Decree of the Immigration Act Article 31(1)). If you apply after the expiry date, you will be overstaying, which can lead to an immigration fine or other disadvantages, so apply with time to spare.
Can I reapply and file an administrative lawsuit at the same time?
In some cases, yes. However, if you are refused again for the same reason, you only lose time, so it is better to first consider whether the reason for refusal can be fixed and then decide the order.
If I lose the administrative appeal, can I still file a lawsuit?
Even if your administrative appeal is dismissed, you can file an administrative lawsuit within 90 days of receiving the written ruling (재결서) (Administrative Litigation Act Article 20(1)). You can also go straight to a lawsuit from the start.