About this status of stay
Permanent Residency (F-5) is a status of stay with no limits on your activities or your period of stay (Immigration Act [출입국관리법] Article 10-3(1)). To get permanent residency, you must fall under the categories set by Presidential Decree, show good conduct such as obeying the law, be able to support yourself, and have basic knowledge such as the Korean language and an understanding of Korean society (paragraph 2 of the same Article).
The residence card issued to permanent residents (permanent residence card) is valid for 10 years, and you must have it reissued before it expires (Article 33(3) and (4)).
How a legal problem affects your stay
Permanent residents face narrower standards for deportation and cancellation of status than other foreign nationals. Even so, if a sentence of imprisonment (with or without labor) of a certain length or longer becomes final for crimes set by law, your permanent residency can be cancelled.
When permanent residency can be cancelled
Permanent residency can be cancelled if: you obtained it by lying or other wrongful means (in which case it must be cancelled); a sentence of imprisonment (with or without labor) of 2 years or more becomes final for crimes under laws set by Ministry of Justice ordinance, such as the Criminal Act (형법) and the Act on Special Cases Concerning the Punishment of Sexual Crimes (성폭력처벌법); the final prison terms you were sentenced to in the last 5 years add up to 3 years or more; you break a condition of your permanent residency, such as keeping an investment; or you act against the national interest (Immigration Act Article 89-2(1)).
Special deportation rule
As a rule, permanent residents are not deported. Exceptions include people who committed insurrection or crimes related to foreign aggression; people sentenced to imprisonment (with or without labor) of 5 years or more for crimes set by Ministry of Justice ordinance, such as murder, rape, robbery, sexual violence and drug crimes, and then released; and people who provided or arranged ships, passports or the like for foreigners' illegal entry or exit, or hid foreigners who entered illegally (Immigration Act Article 46(2); Enforcement Rules of the Immigration Act [출입국관리법 시행규칙] Article 54).
If it is cancelled
If your permanent residency is cancelled, you can become subject to a departure order (Immigration Act Article 68(1)(3-2)). However, if the need to keep staying is accepted and you meet the requirements for a general status of stay, you can apply for and receive a general status of stay (Article 89-2(2)). Before cancellation, you may be given a chance to appear and state your opinion (Article 89-2(3) and Article 89).
If you receive a fine
A fine alone does not fall under the cancellation reasons above (imprisonment with or without labor). However, it can count against you in other reviews that look at conduct, such as naturalization.
Common problems with this visa
Criminal cases before you apply for permanent residency
In the permanent residency review, the Ministry of Justice standards treat people as not meeting the good conduct requirement if, for example, 3 years have not passed since they paid a fine, 5 years have not passed since a suspended sentence of imprisonment without labor or heavier became final, or 5 years have not passed since they finished serving a prison sentence of imprisonment without labor or heavier. The same applies if 5 years have not passed since they left Korea under a departure order, or 7 years since they left under a deportation order (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼]).
So if a criminal case comes up before you apply for permanent residency, you need to think about not only the amount of the fine but also when the decision is made.
When you stay abroad for a long time
Permanent residents do not need a re-entry permit if they come back within 2 years of leaving Korea (Enforcement Rules Article 44-2). If you do not come back within this period, or within the period of a separate re-entry permit, you can lose your permanent residency (Ministry of Justice guidance manual). If you plan a long stay abroad, check the re-entry permit rules before you leave.
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
Can permanent residents be deported?
As a rule, they are not deported, but there are exceptions. These include insurrection or crimes related to foreign aggression, and being sentenced to imprisonment (with or without labor) of 5 years or more for crimes set by Ministry of Justice ordinance, such as murder, rape, robbery, sexual violence and drug crimes, and then released (Immigration Act Article 46(2)). Also, if your permanent residency is cancelled because, for example, a sentence of imprisonment of 2 years or more became final, you can become subject to a departure order.
Will my permanent residency be cancelled if I get a fine?
A fine alone does not fall under the cancellation reasons set by law. The cancellation reasons are based on sentences of imprisonment (with or without labor). However, other reviews, such as a naturalization application, look at conduct, so a fine can count against you there.
I am preparing to apply for permanent residency, and I got a fine.
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. If you are at the summary order stage (an order that sets a fine without a trial), it is worth considering whether you can seek a suspended sentencing (선고유예, where the court holds off on sentencing) in a formal trial. Decide when to apply based on the date of the decision and the date you paid.
I need to stay abroad for more than 2 years.
The re-entry permit exemption lasts 2 years from the date you leave Korea. If you need to stay longer, check your options before you leave, such as getting a re-entry permit. If you do not come back within the period, you can lose your permanent residency.
What should I do if I get a notice about cancelling my permanent residency?
If you are given a chance to appear and state your opinion before cancellation, start preparing documents from that point. We show your life in Korea and your family ties, and also look at whether you can apply for a general status of stay even if your permanent residency is cancelled. A cancellation decision can be challenged through an administrative appeal and an administrative lawsuit.
Get advice right away if
- You are being investigated or tried in a criminal case that could lead to imprisonment
- You received a notice to appear for a hearing on cancelling your permanent residency
- You received a fine or a suspended indictment (기소유예, a decision not to charge you) before applying for permanent residency
- Your stay abroad is getting long and you are worried about the re-entry deadline
Related guides
Legal basis
- Immigration Act Articles 10-3, 33, 46(2), 68, 89 and 89-2
- Enforcement Decree of the Immigration Act (출입국관리법 시행령) Article 12-2, Appended Table 1-3
- Enforcement Rules of the Immigration Act Articles 44-2 and 54
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): 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.