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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
∗ [FOR FOREIGNERS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
INTERNATIONAL DIVORCE, CIVIL, REAL ESTATE, PERSONAL INJURY, DAMAGES, TRAFFIC ACCIDENT, FRAUD, PENAL LAW, CRIMINAL TRIAL, FELONY, GUILTY PLEA, LEASE, RENTAL LAW, IMMIGRATION, INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT,
DISPUTE IN CORPORATION, GOVERNMENT TREATMENT, REFUGEE, REMOVAL, VISA, PERMANENT RESIDENCE, CITIZENSHIP]
For more information for the services Attorney LEE provide for the foreigners who want for legal services in Korea, Please do not hesitate to click the below MENU link for "SERVICES FOR FOREIGNERS".
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1. Who is eligible ?
¡Û Residency(F-2) status holders, who have been married and lived in Korea for
over two years, can apply for change of status to permanent residency(F-5)
status, while maintaining original nationality
2. Requirements
¡Û Korean's foreign spouse who has resided in Korea over 2 years with
Residency(F-2-1) status is eligible, on the condition that one of the followings
is satisfied :
¡Û The person who has been married to and lived with a Korean spouse
¡Û The person whose Korean spouse died or was acknowledged to disappear by
courts
¡Û The person, being under divorce or separation, who is able to prove that the
blame of the disruption lies with a Korean spouse
¡Û Even if the marriage no longer continues, the person who rear child(ren)
under 18, the offspring of the marriage
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3. Documents required are as follows (except when additional
documents required by immigration officials)
O Universally required,
- Application(uniform form), Passport and alien registration card,
- Copies of spouse's family registration(indicating the fact of marriage) and resident
registration, fee £Ü50,000
- Documents proving financial ability(Select one among following documents
indicating financial ability equivalent to £Ü30 million) :
- Certificate of bank account under the name of applicant or applicant's family
members
- Copy of real estate registration
- Copy of house lease contract
- Certificate of employment of applicant or applicant's spouse
Those Japanese spouse who acquired F-2 status prior to Aug. 4. 2002, is immune
from submitting documents showing financial ability and a guarantee letter
O Required on a case by case basis
- In case of missing : Verdict of disappearance issued by court
- In case of divorce or separation due to Korean side's fault : Official documents
upholding foreign spouse's argument
- In case of rearing child under 17 who was born during their marriage : Family
registration of the child, resident registration, court's decision(divorce report and
confirmation), and confirmation letter written by a relative of Korean spouse or
a head of village( tong jang or ban jang )
4. How to calculate period of domestic residence
¡Û In principle, if you leave Korea before your sojourn period has expired, the
sojourn period ends and calculation of period begins all over again upon
re-entry. However, if you return to Korea with a re-entry permit ( issued for
trip overseas shorter than 3 month) and are recognized to have continuity in
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residency, the periods you have lived in Korea before and after departure will
be summed up together
5. Those not qualified are as belows :
¡Û Those who violated Korean immigration law in the latest past of 3 years.
However, those who already paid fine causing from breach of duty of reports
or article 79 of immigration law can apply
¡Û Those sentenced confinement or more severe punishment
6. Privileges for permanent resident
¡Û Exempt from duty of extension of sojourn period
- No need to visit immigration office for extension of stay
¡Û Applicants who wishes to go abroad for shorter than 1 year, re-entry permit
is not needed. However, when applicants wishes to go abroad for more than
1 years, re-entry permit is required
¡Û Free economic activities are allowed
¡Û Immune from compulsory deportation except the following cases
- Committing treason stipulated in chapter 2 of Criminal act
- Being sentenced imprisonment or confinement more than 5 years
- Organizing, instigating, or helping illegal immigration or emigration en masse
¡Û In the case of 3 years' passing since obtaining permanent residency,
applicants have the right to vote in local elections. Hence, applicants may
elect city mayor, province governor, local assembly man. The first-ever
exercise of voting by such foreigners was realized on May 31. 2006.
7. The flow of permanent residency application and follow-ups
Application ¡æ screening and interview ¡æ field investigation (fact-finding) ¡æ
criminal record check ¡æ opinion submission by local immigrations to
headquarters ¡æ opinion gathering by the Justice Ministry (Division of Nationality
& Refugee ) ¡æ decision
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