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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →A foreigner in F-2-1 status is living apart from the Korean due to a runaway, violence or troubles of the Korean spouse, he/she may maintain the F-2-1 status Only, a permit for the period of stay may vary according to the cause of divorce on who's account as well as the fact who is raising the child, etc. For instance, if both parties are responsible for the divorce or the foreign spouse is accountable for the divorce while bringing up a child or supporting parents or family of the Korean spouse, he/she may obtain a permit for the extension of period within the limit of 1 year if the couple has married and lived for less than 2 years. If their marriage lasted more than 2 years, they may obtain a permit for residence within the limit of 2 years In the cases of preparing a divorce lawsuit or in the process of a lawsuit and other inevitable reasons for staying in Korea, a foreign spouse may get an extension of F-2-1 status at a maximum period of 3 months each time 92 ѪҙԴۓڐĶěԐՙ 4FPVM*NNJHSBUJPO0GGJDF 2-6. When a foreign spouse is married to a Korean national in G-1 Status, can the person stay in Korea, even after finalizing a divorce suit? It depends on who is responsible for the divorce If the Korean spouse brought the marriage to an end or the foreign spouse intends to raise the child in Korea regardless of the responsibility of the divorce, he/she may get a permit for the change of status to F-2-1 In a case that both parties are responsible for the divorce or in a case that foreign spouse doesn't raise child while the cause of divorce is on the foreign spouse's account, the foreigner is regarded as having no ground to stay in Korea. Therefore, he/she can't get visa extension and should leave Korea voluntarily 2-7. In the case that a Korean spouse dies or is missing, can the foreign spouse get a permit for the extension of period? While living in Korea, after alien registration to the local office, in the case that the Korean spouse dies due to a disease or accidents, etc. or is missing, the foreign spouse may obtain an extension of period 2-8. How can I report a change of residence ? Registered foreigners are required to report a change of residence within 14 days from the date of their residence move, carrying passport and alien registration card, to City/Gun/Gu or to the Immigration Office having jurisdiction over the place of the foreigner's current residence - Even if a new residence is located on the same province as the previous one, a foreigner is required to report a change of residence Failing to the report within 14 days from transference, the foreigner may be Āঔۋۙڦॢܛ०؋Ǵ 93 (VJEFCPPLGPS'PSFJHOTQPVTFTPG,PSFBOOBUJPOBMT fined (up to 1,000,000) for the violation of the article 98 of the Korean Immigration Law 2-9. I have been living in Korea in F-2 status for more than 2 years, married to a Korean national. Can I obtain a permanent residence status instead of naturalization? As a foreign spouse married to a Korean national, if the person is holding a F-2 status and staying in Korea for more than 2 years, a person falling in one of the following cases may apply for a permanent residence ; - Maintaining a marriage to a Korean national in real life - The Korean spouse died or the court gave a verdict of missing - In the case of a divorce or separation from the Korean spouse, if it can be proved that the cause of divorce was on the Korean spouse's account - Even in the case of discontinuance of marriage, if the foreign spouse raises a minor-aged child who was born to a Korean national and the foreign spouse, he/she may apply for a permanent residence <Inquiries about an employment of a Foreign spouse married to a Korean national> 2-10. I'm in F-2-1 status. Do I need to get a work permit to work in Korea ? According to the Amendment to the Korean Immigration Law on 25th September 2005, foreign spouses of Korean nationals do not need to obtain a permit to work in Korea, once they adjust to a F-2-1 status Still, if a foreign spouse, without a relevant license, takes up an employment in the business that requires a specific license such as a doctor, lawyer or pharmacist, etc., you will be punished for the violation of relevant laws such as the medical law 94 ѪҙԴۓڐĶěԐՙ 4FPVM*NNJHSBUJPO0GGJDF 2-11. I'm holding a F-2-1 status. If my Korean spouse dies or lives separately from me, can I still work in Korea ? If a Korean spouse dies while keeping F-2-1 status, the foreigner may go on with extensions of period (F-2-1). In the case of separation, he/she may keep F-2-1 status until the divorce is finalized If both parties are responsible for the divorce or if the cause of divorce is on the foreign spouse's account and the status has been changed to F-1, the foreigner is not allowed to take up employment 2-12. I'm holding F-2-1 status but divorced my Korean spouse. Can I still work in Korea? It depends on who brought the marriage to an end or who would raise a child If a Korean spouse is responsible for the divorce, or regardless of imputation of the divorce, the foreign spouse intends to raise a child in Korea, he/she may keep a F-2-1 status and thus take up employment without additional permit for work If both parties are responsible for the divorce or the foreign spouse is and does not bring up a child, the foreign spouse may have to adjust to F-1 status to stay in Korea. F-1 status does not cover the right to work. Thus, to work in F-1 status, you may apply for the permit for ' the activities not covered by the current status of sojourn'. However, it is applied to the professional business in limited fields such as teaching a foreign language. In F-1 status, you are not able to take up employment in the simple labor field Āঔۋۙڦॢܛ०؋Ǵ 95 (VJEFCPPLGPS'PSFJHOTQPVTFTPG,PSFBOOBUJPOBMT 2-13. I'm holding F-2-1 status. If I raise a divorce suit against the Korean spouse, can I still continue to work? Even in the process of a divorce suit, you are able to keep a F-2-1 status until the court judges an irrevocable divorce. While in F-2-1 status, you may work However, in the case of staying in Korea for the purpose of division of properties or organizing households, etc., the foreign spouse is not allowed to take up employment 2-14. I'm in the process of a divorce suit, injured (home violence) by my Korean husband. I'm holding G -1 status. Can I work? G-1 status does not cover the right to work O Only, if the court judges the cause of divorce on the Korean spouse's account, you may apply for a permit for change of status to Residence (F-2-1) to the immigration office having jurisdiction over your place of residence. After obtaining F-2-1 status, you have a right to stay and work in Korea 2-15. I'm living in Daejeon City with Residence (F-2-1) status. Can I take up an employment in Seoul? Yes. Persons in F-2-1 status are able to work anywhere inside Korea, without the restrictions on the categories of "Status permitting employments" Still, if a registered foreigner changes a place of residence, according to the article 36 of the Korean Immigration Law, the person should report the alteration of residence within 14 days from the date of changing residence, carrying passport and alien registration card, to City/Gun/Gu of the residence or the Immigration Office having jurisdiction over the place of the foreigner's 96 ѪҙԴۓڐĶěԐՙ 4FPVM*NNJHSBUJPO0GGJDF new residence. In case of the violation of this article, the foreigner will be fined according to the Korean Immigration Law O Therefore, if you are moving from Daejeon to Seoul in line with taking up employment in Seoul, you need to report the alteration of residence to competent Gu Office or Seoul Immigration Office 2-16. I departed from Korea after obtaining a permit for re-e ← End |
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FEE Ұ |
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λ |
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TAX |
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뵿 |
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Ư PAT ǥ |
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Ѽ |
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ART |
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USA ̹ VISA |
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ȥ |
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Foreign Clients |
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