About this status of stay
Student (D-2) is the status of stay for foreign nationals who take regular courses or do specific research at a university, graduate school or other educational or academic research institution that meets the Ministry of Justice requirements (Enforcement Decree of the Immigration Act [출입국관리법 시행령], Appended Table 1-2). It is divided into bachelor's, master's and doctoral programs, research programs, exchange students and so on.
Because studying is the main purpose, you must get part-time work permission (permission for activities outside your status of stay) in advance before you take a part-time job, as required by Article 20 of the Immigration Act (출입국관리법).
How a legal problem affects your stay
For international students, working part-time without permission and stopping their studies are the most common problems with their stay. A criminal record is checked again when you change to Job Seeking (D-10) or a work visa after graduation.
If you are caught working without permission
This counts as working without permission for activities outside your status of stay and can be punished (Immigration Act Article 20 and Article 94(12)). Under the Ministry of Justice handling standards, if it is your first time and the violation is minor, you pay an immigration fine and are allowed to stay. However, illegal work in construction always leads to a departure order, and being caught a second time leads to deportation (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼]).
If you break the conditions of your permission
Even with permission, if you break the permitted hours or workplace, you can get a warning the first time, a ban on part-time work for the rest of your studies the second time, and even cancellation of your student status the third time (Ministry of Justice guidance manual). If your workplace (employer) changes, you must get new permission before you start working there.
If you receive a criminal penalty
If you are sentenced to imprisonment (with or without labor), the ground for deportation can become an issue (Immigration Act Article 46(1)(13)). A fine also counts against you in reviews for extending your stay. In the points system for Job Seeking (D-10) after graduation, points are taken off based on your total fines and immigration fines in the 5 years before you apply, and you cannot apply if you received a fine of KRW 3 million or more in the last 3 years (Ministry of Justice guidance manual).
If you stop studying
Your school must report to the immigration office within 15 days if an international student does not register, takes a leave of absence or is expelled, and it also tracks and reports your attendance and credits (Immigration Act Article 19-4; Enforcement Decree Article 24-8). If you stop studying for personal reasons or because of poor grades, extending your stay is restricted; only unavoidable reasons such as illness or an accident are treated as exceptions (Ministry of Justice guidance manual).
Common problems with this visa
Part-time work permission
The hours you can work on weekdays depend on your degree program, your year, your Korean language level and whether your school is certified, and there are separate standards for weekends, public holidays and school vacations. Keep to the hours and workplace written on your permission.
Your permission may be limited if your average grade last semester was below C (2.0), or if you were recently punished for breaking the conditions of your permission. Special types of work such as parcel delivery or delivery app rider jobs, work through staffing agencies or subcontracting, and construction are not allowed, and for manufacturing you need Korean language ability equivalent to level 4 or higher (Ministry of Justice guidance manual).
When you change schools or take a leave of absence
If you change schools, you must report the change in your alien registration details within 15 days (Immigration Act Article 35; Enforcement Rules of the Immigration Act [출입국관리법 시행규칙] Article 49-2). A leave of absence for family reasons or to delay graduation is not accepted, so it may be hard to extend your stay.
If you want to work in Korea after graduation
When you change to Job Seeking (D-10) or a work visa after graduation, the review looks at your grades and Korean language ability as well as any criminal penalties and Immigration Act violations. A fine or immigration fine while you are in school can affect your plans after graduation.
What happens to your stay, depending on the outcome of your case
Whatever your status of stay, the outcome of a criminal case leads to a review of your stay. Below is a summary based mainly on the standards set by law. The actual decision is made by the immigration office, which looks at what happened in your case together with your life in Korea.
- Case not referred to prosecutors, or suspended indictment
- These are not criminal penalties, so they do not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, under the Act on the Lapse of Criminal Sentences (형의 실효 등에 관한 법률), a suspended indictment (기소유예, where prosecutors decide not to charge you) and some decisions not to refer a case to prosecutors (불송치) stay in investigation history records for a certain period, and these can be checked when needed for a foreigner's naturalization or stay permit (Article 6(1)(6) and Article 8-2). How long they stay depends on the legal penalty for the offense. Reviews that look at your conduct, such as for Residence (F-2) and Permanent Residency (F-5), also check this kind of case history.
- Fine (including a summary order)
- A fine does not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, it counts against you in reviews for extending your stay, changing your status of stay, permanent residency and naturalization, and if the violation is serious your stay permit can be cancelled (Immigration Act Article 89(1)(5)). The Ministry of Justice review standards have many items that look at the amount of the fine and how much time has passed since you paid it. Under the Criminal Procedure Act (형사소송법), if you received a summary order (약식명령, an order that sets a fine without a trial), you can request a formal trial within 7 days of receiving it (Article 453).
- Suspended sentence of imprisonment
- A suspended sentence (집행유예) is still a sentence of imprisonment with or without labor, so the ground for deportation ('a person sentenced to imprisonment without labor or a heavier sentence and released', Immigration Act Article 46(1)(13)) can become an issue. The review standards for Residence (F-2), Permanent Residency (F-5), Overseas Korean (F-4) and other statuses treat even a suspended sentence as a disqualifying reason for a set period from the date the judgment becomes final.
- Prison sentence
- You can become subject to deportation when you are released after serving your sentence, and the prison warden must notify the immigration office about a foreigner whose release has been decided (Immigration Act Article 84(2)). Deportation proceedings can also go ahead while you are still serving your sentence (Article 85). If you leave Korea under a deportation order, you can be banned from entering Korea for 5 years after that (Article 11(1)(6)).
- Immigration Act violations (overstaying, working without permission, etc.)
- After an investigation by the immigration office, you may receive a notice to pay an immigration fine (범칙금, money paid in place of a criminal fine) or be reported for prosecution (Immigration Act Articles 102 and 105), and this can then lead to a departure order or deportation. A record of immigration fines also counts as a record of breaking the law in later reviews of your stay.
- Departure orders and deportation orders
- A departure order tells you to leave Korea on your own by a set deadline, and the deadline is set within 30 days from the date the order is issued (Immigration Act Article 68; Enforcement Rules Article 65). For a deportation order, you can file an objection with the Minister of Justice within 7 days of receiving the order (Article 60). Filing an administrative appeal or an administrative lawsuit does not stop the order from taking effect, so you also need to apply for a stay of execution.
Frequently asked questions
How many hours a week can I work part-time?
The weekday hours allowed depend on your degree program, your year, your Korean language level and whether your school is certified by the Ministry of Justice, and there are separate standards for weekends, public holidays and vacations. Going beyond the hours and workplace set when you get permission breaks its conditions, so be sure to check what your permission says.
I was caught working part-time without permission. Will I be deported?
Under the Ministry of Justice handling standards, if it is your first time and the violation is minor, you pay an immigration fine and are allowed to stay. However, if you worked in construction, the standard is a departure order without exception, and being caught a second time leads to deportation. Before the investigation, write down where, for how long and how you came to work.
Can I work as a delivery rider or in a factory?
Special types of work, such as delivery app rider or parcel delivery driver jobs, are not allowed as part-time work. Manufacturing is allowed only as an exception for students with Korean language ability equivalent to level 4 or higher, and construction is not allowed (Ministry of Justice guidance manual).
If I get a fine, will it be hard to get a Job Seeking (D-10) visa after graduation?
The Job Seeking (D-10) points system takes off points based on your total fines and immigration fines in the 5 years before you apply, and you cannot apply if you received a fine of KRW 3 million or more in the last 3 years (Ministry of Justice guidance manual). The amount of the fine directly affects your plans after graduation, so if you received a summary order (an order that sets a fine without a trial), consider requesting a formal trial within 7 days.
What happens to my stay if I take a leave of absence?
Your school reports students who take a leave of absence to the immigration office. If you stop studying for personal reasons or poor grades, extending your stay is restricted, and only unavoidable reasons such as illness or an accident are treated as exceptions. Before taking leave, check when your period of stay ends and what documents can show your reason.
Get advice right away if
- You were caught working without permission and the immigration office asked you to come in
- You are about to be questioned by the police, or you received a summary order (a fine)
- Your extension of stay was refused, or a process to cancel your student status has started
- Your school is about to expel you or put you on leave, and you are worried about your stay
Related guides
Legal basis
- Immigration Act Articles 19-4, 20, 35, 46 and 94
- Enforcement Decree of the Immigration Act Articles 24-8 and 25, Appended Table 1-2
- Enforcement Rules of the Immigration Act Article 49-2
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): Student (D-2), Job Seeking (D-10)
This guide is based on the Immigration Act (출입국관리법) and its Enforcement Decree and Enforcement Rules in force as of October 2026, and on the Ministry of Justice guidance manual on stay permits by visa type (법무부 체류민원 자격별 안내 매뉴얼, Sept. 2026). Ministry of Justice review standards can change at any time.
This guide is for reference only. The immigration office decides whether you can stay by looking at what happened in your case together with your life in Korea, so the same decision can lead to different results depending on your situation.