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MARRIAGE IN KOREA


Ⅱ. QA on foreign spouse
관리자  (Homepage)
2016-04-28 13:39:13, 조회 : 250, 추천 : 34
1. General questions regarding Seoul Immigration Office &
residence information
1-1. Please tell me the location (the main office and the annex building) and
business hour of the Seoul Immigration Office.
- Seoul Immigration Office is located on Shinjeong-dong, Yangcheon-gu, Seoul,
(Phone number : 2650-6399)
<The Main office>
o Address : 319-2, Shinjeong-6-dong, Yangcheon-gu, Seoul
- You will find a 7-floor-building of immigration next to a cluster of public
offices such as Yangcheon-gu Office, Yangcheon Police Station, Yangcheon
Tax Office, Mokdong middle school, and Yangcheon Park
o How to get to the main building of the Seoul Immigration Office (by public
transportation)
- Bus : 5012, 6619, 6624, 6640, 6620, 571.
- Subway : Omokkyo-station on Line #5 (Exit number 7, walk straight about 10
minutes)
- Car : Please refer to the map on our web site
(http://seoul.immigration.go.kr)

<Annex building>
o Address : Yangcheon building, 330-11, Shinjeong-dong, Yangcheon-gu, Seoul
o How to get to the annex building
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- Bus : 571, 5012, 5630, 6613, 6640, get off at the stop at the back gate of
Galsan Elementary School
< Sejongno branch >
o Address
- 2nd floor, SK hub building, 89-4, Gyeongun-dong, Jongno-gu, Seoul
o How to get to the branch
- Subway : Anguk-station on Line # 3 (Exit number 6, next to Jongno police
station)
o Jurisdiction
- Residents of Jongno, Jung, Dongdaemun, Jungrang, Noweon, Gangbuk,
Seongbuk, Eunpyeong, Dobong-gu
- Beginning January,1, 2007. the Sejongno branch exclusively covers the
above-mentioned 9 regions. Therefore, those who resides in the region
should visit the Sejongno branch, instead of the main building in Mokdong
< Business Hour >
From 9 am to 6 pm (including lunch time), from Monday to Friday
Detention room : morning (09:30~11:30), afternoon(13:30~16:30)
Tip : The civil application departments are open during lunch time, but other
departments are closed from 12:00~13:00

1-2. Would a foreigner who gets caught by immigration officers due to illegal
stay be subject to a deportation order ?
○ After a fact-finding investigation, if there is just cause for the deportation
order in violation of the article 46 of the Korean Immigration law, the person
is subject to a deportation order
○ In special cases, however, such as foreign spouses married to Koreans, they
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may obtain permission of stay after paying a fine. For further and personal
questions regarding foreigners under the custody of the immigration detention
room, please call the competent immigration office
1-3. When a foreigner married to a Korean national applies for an alien
registration card or extension of stay, should the person visit the
immigration office accompanied by the Korean spouse ?
○ If the couple have a child born during their marriage or is living together with
the parents of the Korean spouse, they may not be required to accompany
the Korean spouse to the immigration office.
○ Only, in the case that there is anything questionable about their marriage, like
the report of runaway or needs of confirmations of place of stay, may an
immigration officer require accompanying the Korean spouse for the
application or conduct fact-finding investigation before deciding residence
permit
1-4 . If a foreign spouse leaves home due to the violence of the Korean spouse
and the Korean national reports runaway of the foreign spouse, would it
lead the foreign spouse to become an illegal stayer ?
○ No. If a Korean spouse reports a runaway, we receive the application of
incident report and input the reported contents into our computer file as a
reference. However, it does not directly lead the foreign spouses to become
illegal stayers. When the foreign spouses are violated by home violence :
there is concern for their protection
○ In the case of living separately due to domestic violence, etc., please submit
the document which proves violence occured. After confirming the document
and actual fact, the foreign spouse is able to obtain permission for stay. It
is important is to prove the reasons of separate living with proper evidence
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1-5. In case of death/divorce/separation, it is required to submit a letter of
guarantee. Can anyone else except for the relatives of the Korean spouse
write the guarantee letter ?
○ In the past, when a Korean spouse has died or divorced or separated, only
relative of the Korean spouse could write the guarantee letter. .
○ However, considering reality, now the 3rd person who is eligible to write
guarantee can write a guarantee letter.
○ If a women's organization with public trust or the 3rd person submits
documentary evidence which proves capability of guarantee, they are able to
write a guarantee letter. The documentation may include certificate of
employment, certificate of tax payment, property tax certificate, etc.
1-6. If the court judges irrevocable divorce, the foreign spouse is obliged to
leave Korea ?
○ Divorce does not lead to immediate measures such as deportation. The
residence permit depends on who brought the marriage to an end or who
would raise the children
○ In the case that the Korean spouse caused the divorce, the foreign spouse
may obtain a permit for keeping F-2-1 status. Even if both parties are
responsible for the divorce or the foreign spouse is, if the foreign spouse
raises their children in Korea, he/she can obtain permit for extension of F-2-1
status
○ Regardless of the imputation of divorce, even if the couple has children and
the foreign spouse does not raise the children, immigration office could permit
F-2-1 after its fact-finding procedure when the foreign spouse intends to stay
in Korea and to exercise the right to meet the children
○ Despite a divorce by mutual agreement or for cause on the foreign spouse's
account, if the foreigner has an inevitable reason to stay in Korea, he/she
may obtain a change of status to F-1 and stay a maximum period of 2 years
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1-7. I'd like to visit my friend who's detained in Seoul Immigration Office due to
illegal stay, when and where should I visit him/her ?
○ Please come to the 5th Floor of Seoul Immigration Office during the following
hours ;
Weekdays 9:30 ~11:30, 13:30~16:30, Saturdays 9:30 ~ 11:30,
Sundays and Holidays : visitors are not permitted
○ If Seoul Immigration detention room is overcrowded, they may be transferred
to the 'Hwasung Detention Center' in Hwasung-si, Gyeonggi-do
1-8. I live in Seonnam city. It takes too much time and energy for me to visit
the Seoul Immigration Office. Please tell me if I can visit any other nearer
immigration office
○ From 10:00~16:00 on Thursdays of 2nd and 4th week of a month in the
general civil application room on the 1st floor of Seongnam City Hall, we are
running a moving immigration office. It is convenient for the residents of
Seongnam, Hanam and Kwacheon
○ However, Chinese people are not able to file an application at Seongnam
City Hall and will be required to come to the Seoul Immigration Office main
building at Shinjeong-dong, around Omokkyo station
1-9. Since there are too many visitors coming to the Seoul Immigration office, I
usually wait for more than 1 hour. How can I save time?
○ Please use our on-line reservation service. Please visit
http://www.immigration.go.kr/indeximmeng.html and click on-line reservation
service. You can make a reservation for the department and the hour you
plan to visit. It will save you time
○ Please be advised that we have far more clients on Mondays and Tuesdays.
We recommend you to visit our office on Thursdays or Fridays. Afternoons,
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rather than mornings, are better. ※ Busiest time : Monday morning, Tuesday
morning and Wednesday morning
○ Also noteworthy is the No-rush hour informing service provided on our
homepage. If you visit the website in advance, you could gain infomation
about which time is comfortable for visit
○ In addition, Korean immigration authorities run e-portal on web site. The portal
is the G4F(http://www.g4f.go.kr, abbreviation for government for foreigner)
where you can apply for 5 types of E-application such as Re-entry permit,
Extension of short-term stay, Extension of stay for preparing departure by
registered foreigner, etc. If you use E-application, you don't need to visit an
immigration office personally
2. Inquiries for various types of residence in Korea
2-1. A Chinese national who married a Korean in Korea and has their marriage
registered at government offices of both nations. The Chinese wishes to
change his/her visa status to Spouse of a Korean national visa. Please
inform me of the necessary documentation and process
○ The foreign spouse married to a Korean national and completed the marriage
registration process may apply for a change of visa status
○ If a foreign spouse is in E-9 status or has the possibility of a false marriage,
the petitioner may go through a thorough inspection and fact-finding
investigation, if needed.
2-2. A foreigner arrived in Korea with F-2 visa (90 days) obtained for marriage
with a Korean national. How can a person process an alien registration
and extend his/her visa?
○ The person is required to apply for the alien registration and extension of the
status within 90 days from the entry into Korea to the immigration office
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having jurisdiction over the foreigner's place of residence
○ You may obtain a 1 year extension of the status with the initial application.
After that, you may be able to obtain 2 years extension after going through
fact-finding investigation
2-3. If my period of status expires while in the process of a divorce lawsuit, can
I extend my period of status ?
○ If a period of status expires while in the process of a divorce lawsuit, you
may provide the documentation that can prove you are under the process of
a divorce lawsuit and apply for the extension of status
○ The person may be allowed to obtain extension of a F-2-1 status until the
divorce case is decided. After divorce, the kind of status and period of stay
may vary according to the fact of who is responsible for the divorce
2-4. If a Korean spouse of a foreigner dies while still married or the couple
divorces or separates, would it be still possible to extend my period of stay
in Korea ?
○ After registering marriage to both nations, if the Korean spouse of a foreigner
dies due to a disease or accidents, etc. and the foreign spouse wishes to
stay in Korea, he/she may obtain an extension
○ However, if a foreigner divorces or separates from his Korean spouse,
permission for the residence depends on who is accountable for the divorce
○ If a Korean spouse is responsible for the divorce or separation and the
foreign spouse intends to raise a child in Korea who was born through the
marriage, the person may obtain permission for residence
○ If both parties are responsible for the divorce or separation or even if the
divorce is on the foreign spouse's account, in the cases that the foreign
spouse raises the child in Korea given birth between the Korean spouse and
himself/herself or supports parents or family of the Korean spouse, he/she
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may obtain permit for a residence
○ Except for the aforementioned reasons, if the foreign spouse has other
inevitable reasons for staying in Korea such as division of properties,
preparing a divorce lawsuit, arranging household affairs, etc., he/she may get
a permit for the extension of period of stay until problems are resolved
○ In the case of death of the Korean spouse or divorce, a 3rd person may
write a letter of identity guarantee for the foreign spouse, other than kith and
kin of the Korean spouse


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세금과 법률
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