[TAX & LAW] 변호사(KO, USA, IL) 이재욱

[Title]
Acquisition of permanent residence(F5)

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1. Who is eligible ?
○ 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
○ 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 :
○ The person who has been married to and lived with a Korean spouse
○ The person whose Korean spouse died or was acknowledged to disappear by
courts
○ The person, being under divorce or separation, who is able to prove that the
blame of the disruption lies with a Korean spouse
○ 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 ￦50,000
- Documents proving financial ability(Select one among following documents
indicating financial ability equivalent to ￦30 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
○ 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 :
○ 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
○ Those sentenced confinement or more severe punishment
6. Privileges for permanent resident
○ Exempt from duty of extension of sojourn period
- No need to visit immigration office for extension of stay
○ 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
○ Free economic activities are allowed
○ 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
○ 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 → screening and interview → field investigation (fact-finding) →
criminal record check → opinion submission by local immigrations to
headquarters → opinion gathering by the Justice Ministry (Division of Nationality
& Refugee ) → decision
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[Title]
Acquisition of permanent residence(F5)

by Attorney LEE(Tax & Law)
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