Immigration Rules Changes 2010-2011    

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ARC now available for A1-A3 visa holders
As of August 2010, A1 - A3 visa holders (includes SOFA visa holders and diplomats) can now get an Alien Registration Card (ARC). SOFA holders should bring the following documents with them to apply for their ARC:
1. Passport
2. SOFA Identification
3. One passport-sized photo
4. Fee: 10,000 won
An A1-A3 visa holder wanting to obtain an ARC should contact 02-1345 before going to Immigration.
K4E Note: We confirmed the information by telephone since at the time of posting there was no mention of this on the immigration websites we checked, including hikorea. 

Permission to add or change workplace no longer required
As of 15 November 2010, eligible foreign workers who change or add a workplaces just have to report the change to an official immigration office/branch. They no longer have to obtain permission to make the change/addition.  This change is applicable to the following visa categories:
Professor (E-1)
Foreign Language Instructor (E-2)
Researcher (E-3)
Technical Instructor (E-4)
Professional Employment (E-5)
Artistic Performer (E-6) and
Special Occupation(E-7).
Note that the qualifications requirements for the new or added positions still apply (BA or higher degree required to teach).

The following categories are exempted from the new rule, however:
- E-6-2 visa holders working in the hotel or adult entertainment industry under the Tourism Promotion Act.
- E-7 visa holders working as a salesperson, a chef, or a cook  (fall under the quota system)
- foreign employees laid off or having resigned from a company for personal reasons or who have not obtained their employer’s consent.
The exempted foreign workers must still obtain prior approval for a workplace change/addition from the Ministry of Justice.

Employers no longer required to report a change in a foreign employee’s workplace
Until end 2010, employers were required to report any change of  a foreign employee’s workplace (even within the same company) within 15 days of the change occurring. Failure to do so could have resulted in a 2 million won penalty. Employers no longer have to report the change.

Exemption from Re-entry Permit
As of 1 December 2010, foreign residents who depart Korea during their permitted period of stay can now re-enter within the year without having to obtain a re-entry stamp (permission) first. The period of exemption for F5 visa holders has been extended from one year to two years.

Immigration-Related Certificates can be issued at Eup, Myeon, and Dong offices as well
As of  1 January 2011, Eup, Myeong and Dong offices nationwide can issue immigration –related certificates.  Moreover, a spouse or family member can now apply for an immigration related certificate  on behalf of the applicant without first obtaining a letter of authorization from that person, on condition that the certificate in question  will clearly benefit that person (the applicant). Others applying on her/his behalf, however, will still require a letter of authorization written by the applicant.
In addition, immigration-related certificates can be issued online via the website of Minwon 24 at no charge (www.minwon.go.kr).

Automated Immigration Clearance available for some foreign residents
Automated Immigration Clearance service, which was available for Korean nationals only, has now been extended, on a trial basis, to the following foreign residents:
- F5 (permanent residents0 visa holders who have been in Korea for more than 3 years
- D8  (corporate investor) visa holders who have invested more than 2million USD.

Extension of permanent residency for E-6 visa holders (Artistic performers)
Regulations that prohibited E-6 visa holders from obtaining permanent residency have been removed. E-6 visa holder who have resided in Korea for more than five years, can apply for a permanent residency (F-5) visa. 

H-2 Visa changes
Ethnic Koreans who hold foreign passports are regulated by a separate set of employment rules from other foreigners in Korea. Until now, overseas Koreans residing in China and Russia were granted an H-2 visa if they obtained Korean nationality and were invited by their relatives. This is no longer the case.
H-2 visa holders can now work for one to three-star hotels. The Tourism Promotion Act previously prohibited ethnic Koreans from working in hotels.
Further, H-2 visa holders can now stay up to five years if they have a reference letter written by their previous employer or any specific reasons or inevitable circumstances.


K4E Note: Immigration rules do change, sometimes very quickly, so if you notice that any of the above is out-of-date or incorrect, please let us know at info@korea4expats.com