About this status of stay
Residence (F-2) is a long-term status of stay that groups several types together. It includes spouses and minor children of permanent residents (F-5), recognized refugees, people who have invested at least a set amount, people who have lived in Korea for 5 years or more and built a life here, talented professionals who meet points-system standards for age, education and income, and people settling in depopulation areas (Enforcement Decree of the Immigration Act [출입국관리법 시행령], Appended Table 1-2).
What work you can do depends on your type. Most types have no employment limits tied to the status of stay, but for the investor and long-term resident types, the limits are lifted only if you keep working in the field you were already in (Enforcement Decree Article 23(2)).
How a legal problem affects your stay
Residence (F-2) is often the step before Permanent Residency (F-5), so a criminal record affects not only extensions but also the change to permanent residency. The Ministry of Justice sets specific conduct standards for many F-2 types.
Ministry of Justice good conduct standards
The review standards for many F-2 types list disqualifying reasons such as: being sentenced to imprisonment without labor or heavier (including a suspended sentence) in the 5 years before you apply; being sentenced to a fine of KRW 3 million or more in the last 3 years; violating the Immigration Act (출입국관리법) 3 or more times in the last 3 years with immigration fines totaling KRW 5 million or more; and submitting false documents in the last 3 years (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼]). The standards differ slightly by type, so you need to check the ones for your type.
Law-abiding citizen education
If a record of breaking Korean law is found, you may have to complete law-abiding citizen education (준법시민교육) when you change to or extend F-2. People with no more than 1 violation who received a decision not to indict, or a fine, immigration fine or administrative fine of KRW 1 million or less, among others, do not have to take it (Ministry of Justice guidance manual).
Deportation rules
Unlike Permanent Residency (F-5), Residence (F-2) has no special rule that limits deportation, so if you are sentenced to imprisonment (with or without labor) and released, the ground for deportation can become an issue just as for other foreign nationals (Immigration Act Article 46(1)(13)).
If you have unpaid taxes
Unpaid taxes and similar debts can restrict your stay permit, and some types, such as the long-term resident type, treat unpaid taxes as a reason to hold back a change of status (Ministry of Justice guidance manual). Along with any criminal case, you should also sort out your tax issues.
Common problems with this visa
When you want to change to Permanent Residency (F-5)
After staying with Residence (F-2) for 5 years or more, you may be eligible to apply for Permanent Residency (F-5), and some types, such as talented professionals under the points system, have a shorter required period (Enforcement Decree Appended Table 1-3). The conduct standards for permanent residency are set as, for example, 3 years from the date you paid a fine and 5 years from the date a suspended sentence became final, so when you were punished decides when you can apply (Ministry of Justice guidance manual).
Criminal record certificates from abroad
In the F-2 review, you may be asked for a criminal record certificate issued by your home country's government with an apostille or consular legalization. Penalties received abroad can also be disqualifying reasons under the standards (Ministry of Justice guidance manual).
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
I got a fine of KRW 1 million. Can I extend my F-2?
It is not decided by the amount of the fine alone; the review looks at the conduct standards for your F-2 type together with the number of violations. There is a standard that excludes a single minor violation from law-abiding citizen education, but cases set as disqualifying reasons, such as a fine of KRW 3 million or more, are different. Check your decision document and the date you paid.
Will I lose my F-2 if I get a suspended sentence?
A suspended sentence is still a sentence of imprisonment (with or without labor), so the ground for deportation can become an issue, and the conduct standards for many F-2 types treat a sentence of imprisonment without labor or heavier (including a suspended sentence) in the 5 years before you apply as a disqualifying reason. At the trial stage, you first need to look at whether you can seek a fine or a suspended sentencing (선고유예, where the court holds off on sentencing) instead.
I want to change from F-2 to Permanent Residency (F-5), but I have a past fine.
In the permanent residency review, the Ministry of Justice standards treat people for whom 3 years have not passed since they paid a fine as not meeting the good conduct requirement. Check the date you paid, decide when to apply, and be careful not to break any other law in the meantime.
Can F-2 holders be deported?
Yes, they can. Permanent Residency (F-5) has a special rule that narrows deportation (Immigration Act Article 46(2)), but Residence (F-2) follows the same standards as other foreign nationals.
Get advice right away if
- You are about to be questioned by the police, or you received a fine or a suspended sentence
- You received a notice refusing your F-2 extension or your change to Permanent Residency (F-5)
- You received a notice to appear for a hearing on cancelling your stay permit
Related guides
Legal basis
- Immigration Act Article 46
- Enforcement Decree of the Immigration Act Article 23, Appended Tables 1-2 and 1-3
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): Residence (F-2), Permanent Residency (F-5)
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.