About this status of stay
Marriage Migrant (F-6) is the status of stay for spouses of Korean nationals, parents raising a child born from a marriage (including a common-law marriage) with a Korean national, and people who can no longer keep up a normal marriage because their Korean spouse died or went missing or for other reasons that are not their fault (Enforcement Decree of the Immigration Act [출입국관리법 시행령], Appended Table 1-2). In practice, these are called F-6-1, F-6-2 and F-6-3.
With Marriage Migrant status, you can work without the employment limits that come with other statuses of stay (Enforcement Decree Article 23(2)).
How a legal problem affects your stay
For marriage migrants, divorce and criminal cases are family problems and, at the same time, problems with your stay. Being the spouse of a Korean national does not by itself exempt you from the deportation rules.
If you receive a criminal penalty
If you are sentenced to imprisonment (with or without labor), the ground for deportation can become an issue, just as for other foreign nationals (Immigration Act [출입국관리법] Article 46(1)(13)). A fine also counts against you in reviews for extending your stay, Permanent Residency (F-5) and naturalization. If you want to change from another status of stay to spouse of a Korean national (F-6-1) inside Korea, people who received a criminal penalty heavier than a simple fine are, as a rule, not allowed to change (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼]).
If you are separated or in a divorce lawsuit
Even if you are separated from your spouse or in a divorce lawsuit (including preparing for one), there is a procedure to apply for an extension of stay as the spouse of a Korean national (F-6-1) by submitting documents that show the reason (Ministry of Justice guidance manual). Documents such as a report of a spouse leaving home (가출신고서), a medical certificate, a certificate of admission to a shelter or a certificate of lawsuit filing (소제기 증명원) are used.
After a divorce
If the main fault for the breakdown of the marriage lies with your Korean spouse, you can keep staying with marriage breakdown (F-6-3) status. The Supreme Court sees 'reasons that are not their fault' as cases where the main responsibility for the breakdown lies with the Korean spouse, and does not require the foreign spouse to be completely free of fault (Supreme Court Decision 2018Du66869, July 4, 2019). If you are raising a child you had with your Korean spouse, we look at child-raising (F-6-2) status.
If you are a victim of domestic violence
A spouse of a Korean national who is going through a trial, an investigation or another remedy procedure because of domestic violence can have their stay extended until that procedure ends (Immigration Act Article 25-2). Police report records and medical certificates are used both for your stay and for your divorce case.
Common problems with this visa
Divorce by agreement and divorce by court ruling
Divorce by agreement is quick, but it leaves no record of whose fault ended the marriage, so to stay with F-6-3 you have to prove the fault separately. In a divorce by court ruling, if the court finds that your Korean spouse was at fault, the judgment becomes an important document in the review of your stay.
The guidance lists documents used in the F-6-3 review, such as a report that the Korean spouse left home, a medical certificate for an assault, the prosecution's decision not to indict, a confirmation from a women's organization, and a confirmation from the spouse's relatives within the fourth degree or from the local neighborhood head (Ministry of Justice guidance manual).
If you are raising a child
After the marriage ends, if you are raising in Korea a minor child born to you and a Korean national, you can stay with child-raising (F-6-2) status, and when you extend you submit documents showing that you are still raising the child, such as receipts for school fees or hospital bills. Even if you do not raise the child yourself, there is a special rule that allows you to stay if your visitation rights have not been restricted and you keep in contact with your child (Ministry of Justice guidance manual).
If you do not qualify for F-6-3
Even if you do not qualify for marriage breakdown (F-6-3), if you must stay in Korea to divide property or settle family affairs, there is a way to stay for a short time with family affairs settlement (F-1-6) status (Ministry of Justice guidance manual). You need to fit the schedule of your divorce and property division to your stay.
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
Do I have to leave Korea as soon as I get divorced?
You do not have to leave right away. If the main fault for the breakdown lies with your Korean spouse, you can keep staying with F-6-3, and if you are raising a Korean child, with F-6-2. If neither applies, we look at family affairs settlement (F-1-6) for things like property division. Before deciding how to divorce, first gather evidence that shows who was at fault.
Which is better for my stay: divorce by agreement or by court ruling?
It depends on the situation, but in a divorce by court ruling, if the court finds that your Korean spouse was at fault, the judgment becomes an important document in the review of your stay. Divorce by agreement leaves no record of fault, so you have to prove it separately in the F-6-3 review.
My husband will not cooperate with the documents for my extension.
If you are separated or in a divorce lawsuit, there is a procedure to apply for an extension by submitting documents that show the reason. The documents you need differ, such as a report of a spouse leaving home, a medical certificate or a certificate of lawsuit filing, so check well before your expiry date.
Will reporting domestic violence hurt my stay?
A spouse of a Korean national who is going through an investigation or trial because of domestic violence can have their stay extended until that procedure ends (Immigration Act Article 25-2). Police report records and medical certificates also show your spouse's fault in the F-6-3 review and in the divorce case. If you are in danger, make yourself safe first.
I got a fine. Will it affect my application for permanent residency or naturalization?
It can. In the Permanent Residency (F-5) 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, and the naturalization review also looks at conduct. Before deciding when to apply, check your penalty record and the dates.
Get advice right away if
- You have started living apart from your Korean spouse, or you have filed or been served with a divorce lawsuit
- Your F-6-3 or F-6-2 extension was refused after a divorce
- You are a victim of domestic violence but are holding back from reporting it because you are worried about your stay
- You are about to be questioned by the police, or you received a fine or a suspended sentence
Related guides
Legal basis
- Immigration Act Articles 25-2 and 46
- Enforcement Decree of the Immigration Act Article 23, Appended Table 1-2
- Supreme Court Decision 2018Du66869, July 4, 2019
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): Marriage Migrant (F-6), 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.