Complete Guide to South Korean Visa Categories (2026)

By Juwon Kang, May 19, 2026

1. Overview and Legal Basis

Any foreign national seeking to enter the Republic of Korea must hold a status of stay (visa) (Immigration Act, Article 10(1)). The categories and permitted scope of activities for each status of stay are set out in the Enforcement Decree of the Immigration Act, Article 12, [Annex 1] (short-term stays) and [Annex 1-2] (long-term stays) (Enforcement Decree of the Immigration Act, Article 12).

Statuses of stay are broadly divided into short-term and long-term categories. Long-term statuses are further classified by the nature of the activity—diplomatic and official duties, study and training, employment, and residence and accompaniment.

⚠️ Important Note: Immigration administration is a public-interest function that serves national interests and security. Matters relating to the stay of foreign nationals are strictly managed as an exercise of sovereign authority. Permits to change or extend a status of stay are discretionary, constitutive administrative dispositions over which the Minister of Justice exercises broad discretion (Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770; Seoul Administrative Court, Judgment of Oct. 25, 2024, 2024Gudan57630).

2. Short-Term Status of Stay (Stays of 90 Days or Less)

A. A-Series — Diplomatic and Official

1) A-1 Diplomat (外交)

Members of foreign diplomatic missions or consular offices accredited to the Korean government, persons granted privileges and immunities equivalent to diplomatic envoys under treaties or agreements, and their family members.

2) A-2 Government Official (公務)

Persons performing official duties for a foreign government or international organization, and their family members.

3) A-3 Agreement (協定)

Foreign nationals whose entry and stay is permitted pursuant to an agreement with the Korean government (e.g., U.S. forces personnel under the SOFA agreement).

B. B-Series — Visa Exemption and Tourist Transit

1) B-1 Visa Exemption (査證免除)

Nationals of countries that have concluded a visa exemption agreement with Korea, entering under such an agreement.
Period of stay: Varies by agreement, but typically up to 90 days.
Practical point: No employment activity permitted. Overstaying is subject to criminal punishment under the Immigration Act (Daegu District Court Western Branch, Judgment of Oct. 25, 2023, 2022Godan2640-1 (Separated)).

2) B-2 Tourist/Transit (觀光通過)

Persons entering for purposes such as tourism or transit, as separately designated by the Minister of Justice.
Period of stay: Typically up to 30 days.

C. C-Series — Short-Term Stays

1) C-1 Short-Term News Coverage (一時取材)

Foreign journalists entering for temporary news-gathering or reporting activities.

2) C-3 Short-Term Visit (短期訪問)

Persons entering for short-term purposes such as market research, business liaison, tourism, transit, recuperation, or visits to relatives.
Period of stay: Up to 90 days.
Sub-categories: C-3-1 (prospective public-interest investors), C-3-3 (medical tourism), C-3-4 (short-term business), etc.
Practical point: Employment activity is strictly prohibited. Entry for medical treatment purposes is possible under C-3-3 (medical tourism) (Gwangju District Court Suncheon Branch, Judgment of June 16, 2021, 2019Gojeong92).

3) C-4 Short-Term Employment (短期就業)

Short-term employment activities including temporary performances, advertising/fashion modeling, lectures, research, or technical instruction.
Period of stay: Up to 90 days.

3. Long-Term Status of Stay — Diplomatic, Official, Study, and Training

A. D-Series — Study and Training

1) D-1 Culture and Arts (文化藝術)

Non-profit activities in music, fine arts, literature, and other artistic fields.

2) D-2 Study Abroad (留學)

Pursuit of a regular degree program at a junior college or higher institution, or at an academic research institution.
Sub-categories: D-2-1 (associate degree), D-2-2 (bachelor’s), D-2-3 (master’s), D-2-4 (doctoral), D-2-6 (exchange student), etc.
Practical point: Proof of financial means (bank balance certificate) is required when changing status of stay. Submitting a falsified balance certificate is punishable under the Immigration Act (Seoul Eastern District Court, Judgment of Aug. 30, 2024, 2023No860; Daegu District Court Western Branch, Judgment of Jan. 15, 2025, 2024Gojeong468).

3) D-3 Industrial Trainee (技術硏修)

Persons who meet training requirements set by the Minister of Justice and receive training at a domestic industrial enterprise.

4) D-4 General Training (一般硏修)

Persons receiving education or training at an educational institution, company, or organization designated by the Minister of Justice.
Sub-categories: D-4-1 (university-affiliated language institute), D-4-6 (private educational institution), etc.
Practical point: Most commonly used for language training. Employment activity is in principle not permitted.

5) D-5 Journalism (取材)

Persons dispatched by foreign newspapers, broadcasters, magazines, or other media organizations to engage in news-gathering or reporting in Korea.

6) D-6 Religious Affairs (宗敎)

Persons dispatched by a foreign religious or social welfare organization to engage in religious activities.

7) D-7 Intra-Company Transferee (駐在)

Persons dispatched from the headquarters or affiliates of a foreign public institution, organization, or company to work at a Korean branch or office.

8) D-8 Corporate Investor (企業投資)

Essential specialist personnel engaged in management, administration, production, or technical fields at a foreign-invested company under the Foreign Investment Promotion Act.
Maximum stay: 5 years for sub-category (a) (foreign-invested company); 2 years for sub-categories (b) and (c).
Practical point: Whether a company qualifies as a foreign-invested enterprise is strictly examined (Daegu District Court, Judgment of Nov. 21, 2012, 2012Guhap29).

9) D-9 Trade Management (貿易經營)

Persons engaged in activities such as establishing and managing a company in Korea, or conducting trade or for-profit business.

10) D-10 Job Seeker (求職)

Persons with specialized knowledge, technology, or skills seeking employment in Korea.
Sub-categories: D-10-1 (general job-seeking, points-based system), D-10-2 (start-up preparation), etc.
Practical point: Subject to a points-based system (out of 190 total points; minimum 20 points in basic items and 60 total points required). Maximum stay of 2 years (Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255).

4. Long-Term Status of Stay — Employment

A. E-Series — Employment

1) E-1 Professor (敎授)

Foreign nationals meeting the qualifications under the Higher Education Act who teach in specialized fields at junior colleges or higher institutions.
Maximum stay: 5 years.

2) E-2 Foreign Language Instructor (會話指導)

Foreign nationals meeting qualifications set by the Minister of Justice who provide specialized foreign-language conversation instruction.
Practical point: Instructing subjects beyond the permitted scope of conversation teaching may be punishable as an activity outside one’s status of stay; however, whether the scope has been exceeded is judged based on specific facts (Busan District Court Western Branch, Judgment of Dec. 19, 2023, 2022Gojeong970).

3) E-3 Researcher (硏究)

Persons invited by Korean public or private institutions to conduct research at various research institutes in the natural sciences, or to engage in advanced industrial technology research and development.
Maximum stay: 5 years.

4) E-4 Technical Instructor (技術指導)

Persons providing specialized knowledge in the natural sciences or specific industrial technologies.
Maximum stay: 5 years.

5) E-5 Specialist Professional (專門職業)

Foreign attorneys, certified public accountants, physicians, and other professionals whose qualifications are recognized under Korean law.
Maximum stay: 5 years.

6) E-6 Arts and Entertainment (藝術興行)

For-profit activities in music, fine arts, literature, and other artistic and entertainment fields.
Sub-categories: E-6-1 (arts), E-6-2 (hotel/entertainment venues), E-6-3 (sports), etc.

7) E-7 Special Designated Activities (特定活動)

Specialized personnel engaged in activities specifically designated by the Minister of Justice.
Sub-categories: E-7-1 (specialists), E-7-2 (semi-specialists), E-7-3 (general skilled workers), E-7-4 (skilled workers under the points system), E-7-S (advanced industries, newly established in 2022).
Maximum stay: Generally 3 years; 7 years in enterprise cities (Enforcement Decree of the Enterprise City Development Special Act, Article 41-5(1)).
Practical point: E-7-S, a negative-list category for advanced industries, was established on December 28, 2022 (Changwon District Court, Judgment of July 17, 2024, 2023Gudan12140).

8) E-8 Seasonal Worker (季節勤勞)

Persons engaged in employment for a fixed period to meet seasonal labor demand in agriculture and fisheries.
Period of stay: Up to 5 months.

9) E-9 Non-Professional Employment (非專門就業)

Persons meeting domestic employment requirements under the Act on the Employment of Foreign Workers (unskilled labor).
Sub-categories: E-9-1 (manufacturing), E-9-2 (construction), E-9-3 (agriculture), E-9-4 (fisheries), etc.
Practical point: Entry through the Employment Permit System (EPS). Severe penalties apply for illegal stay after expiration (Daejeon District Court, Judgment of Nov. 16, 2023, 2023Godan3610).

10) E-10 Maritime Crew Employment (船員就業)

Persons employed in domestic regular passenger shipping under the Marine Transportation Act, cruise passenger shipping, or deep-sea fishing under the Fisheries Act.

5. Long-Term Status of Stay — Residence, Accompaniment, and Other

A. F-Series — Residence and Accompaniment

1) F-1 Visiting and Cohabitation (訪問同居)

Persons staying for purposes such as visiting relatives, family cohabitation, or being supported as dependents.
Sub-categories: F-1-4 (accompaniment of overseas Koreans), F-1-5 (accompaniment of foreign spouses), etc.
Practical point: Employment activity is in principle not permitted.

2) F-2 Resident (居住)

Minor foreign children of Korean nationals, spouses and minor children of permanent residents, recognized refugees, and others.
Maximum stay: 3 years.

3) F-3 Dependent Family (同伴)

Spouses and unmarried minor children of holders of D-1 through E-7 statuses.

4) F-4 Overseas Korean (在外同胞)

Foreign nationals of Korean ethnic origin falling under Article 2(2) of the Act on the Immigration and Legal Status of Overseas Koreans.
Practical point: Applying for F-4 status with falsified documents is punishable under the Immigration Act (Suwon District Court, Judgment of Aug. 21, 2024, 2024Godan2744).

5) F-5 Permanent Resident (永住)

Status permitting permanent residence in Korea.
Requirements: At least 5 years of legal residence, ability to support oneself, good conduct, etc.
Holders of F-6 (marriage migrant) status may apply after 2 years of residence in Korea.
Practical point: Permanent resident status carries no employment restrictions. Unlike naturalization, it does not confer Korean nationality.

6) F-6 Marriage Migrant (結婚移民)

Sub-category (a): Spouse of a Korean national.
Sub-category (b): Father or mother raising a child born to a Korean national.
Sub-category (c): Persons unable to maintain the marriage due to causes attributable to the spouse.
Maximum stay: 3 years.
Employment: No restrictions (Enforcement Decree of the Immigration Act, Article 23(2)(3)).
Practical point: Under sub-category (c), “causes not attributable to oneself” means “where the principal fault for the breakdown of the marriage lies with the Korean spouse,” and the burden of proof for a denial decision rests with the administrative agency (Supreme Court, Judgment of July 4, 2019, 2018Du66869). Obtaining F-6 status through a sham marriage is punishable as a violation of the Immigration Act and false entry in public electronic records (Daegu District Court Western Branch, Judgment of July 19, 2023, 2021Godan2860-1 (Separated)).

B. G-Series — Other

1) G-1 Other (其他)

Persons recognized by the Minister of Justice who do not fall under any other status of stay.
Sub-categories: G-1-1 (industrial accident visa), G-1-5 (refugee applicant), G-1-6 (litigation, etc.), etc.
Practical point: A residual, temporary status. Simplified naturalization applications based on time spent under G-1 status may be denied under the Ministry of Justice’s broad discretion (Seoul Administrative Court, Judgment of Nov. 5, 2009, 2009Guhap19779). Fabricating an industrial accident to obtain G-1-1 status is punishable as fraud and under the Immigration Act (Busan District Court, Judgment of Oct. 16, 2024, 2024Godan2943; Busan District Court, Judgment of Oct. 30, 2024, 2024Godan3226).

C. H-Series — Working Visit

1) H-1 Working Holiday (觀光就業)

Nationals of countries that have concluded working holiday agreements or memoranda of understanding with Korea, engaging in both tourism and employment activities.
Period of stay: Up to 1 year.

2) H-2 Working Visit (訪問就業)

Overseas Koreans (from China or the former Soviet Union region) engaging in employment activities.
Scope of activities: Specified industries under the Korean Standard Industrial Classification, including manufacturing, construction, agriculture, fisheries, and services.
Period of stay: 3 years (with one extension possible, up to 4 years and 10 months).
Practical point: Time under H-2 status may also satisfy the residence requirement for simplified naturalization, although approval lies within the Ministry of Justice’s discretion (Supreme Court, Judgment of Oct. 28, 2010, 2010Du6496).

6. Special Regional Status of Stay — Jeju Island

Jeju Special Self-Governing Province is a designated visa-free entry zone, and separate immigration provisions apply under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of a Free International City (Articles 202 and 203). However, moving from Jeju to other regions without permission to expand the area of stay results in deportation (Jeju District Court, Judgment of May 17, 2024, 2024Godan653).

7. Summary of Criminal Sanctions for Submitting False Documents

The following criminal penalties may apply for submitting false documents during a visa application or obtaining a status of stay through fraudulent means.

Type of Violation	Applicable Provision	Relevant Case
Filing a false visa application	Immigration Act, Article 94(3), Article 7-2	—
Overstaying	Immigration Act, Article 94(7), Article 17(1)	Seoul Southern District Court, Judgment of Aug. 27, 2025, 2025Godan2163
Applying for a change of status through fraudulent means	Immigration Act, Article 94(17-2), Article 26	Busan District Court, Judgment of Oct. 16, 2024, 2024Godan2943
Brokering submission of false bank balance certificates	Immigration Act, Article 94(17-2), Article 26	Daegu District Court Western Branch, Judgment of Jan. 15, 2025, 2024Gojeong468
Obtaining F-6 through sham marriage	Immigration Act violation + false entry in public electronic records	Daegu District Court Western Branch, Judgment of July 19, 2023, 2021Godan2860-1 (Separated)
Submitting false invitation letters or sponsorship guarantees	Immigration Act, Article 94(3), Article 7-2	Uijeongbu District Court, Judgment of June 8, 2021, 2020Godan6656
Obtaining a visa with false supporting materials	Obstruction of official duties by deception	Supreme Court, Judgment of Apr. 28, 2011, 2010Do14696; Supreme Court, Judgment of Feb. 26, 2009, 2008Do11862

In particular, where false supporting materials are submitted with a visa application, the offense of obstruction of official duties by deception is established if the consular officer in charge—despite having conducted a sufficient review—failed to detect the falsity and accepted the application (Supreme Court, Judgment of Apr. 28, 2011, 2010Do14696; Supreme Court, Judgment of Feb. 26, 2009, 2008Do11862).

8. Comprehensive Status-of-Stay Summary Table

Series	Visa	Designation	Employment	Key Features
A	A-1 to 3	Diplomatic/Official/Agreement	Limited to duties	Diplomats and officials
B	B-1 to 2	Visa Exemption/Tourist Transit	✗	Short-term visa-free entry
C	C-1, 3, 4	Short-Term Visit/Coverage/Employment	Only C-4	Up to 90 days
D	D-1 to 10	Study/Training/Investment/Job Seeking	Some allowed	Long-term non-employment
E	E-1 to 10	Various Employment	✓	Strict job-by-job restrictions
F	F-1 to 6	Visiting/Resident/Dependent/Overseas Korean/Permanent/Marriage	F-2, 4, 5, 6 allowed	Family and Korean diaspora
G	G-1	Other	✗ (in principle)	Residual and temporary
H	H-1 to 2	Working Holiday/Working Visit	✓ (limited)	Diaspora and working holiday

9. Comprehensive Practical Considerations

A. Compliance with Period of Stay

An extension permit must be obtained before the period of stay expires. Violations result in criminal penalties (imprisonment or fines) and deportation. Because the extension is at the discretion of the Minister of Justice, approval is not guaranteed even when all requirements are met (Seoul Administrative Court, Judgment of Oct. 25, 2024, 2024Gudan57630).

B. Foreign Resident Registration

Foreign nationals staying for 90 days or more must register as foreign residents within 90 days of entry (Immigration Act, Article 31).

C. Notification of Change of Residence

When residence changes due to relocation, a change-of-residence notification must be filed with the relevant city, county, or district office or the competent Immigration Office within 14 days of moving in.

D. Caution Regarding Visa Brokers

A foreign applicant who uses a broker to submit false documents in pursuit of a visa may also be subject to criminal punishment, and legal recourse may be difficult even where the applicant has been defrauded by the broker.

E. Visa Application Channels

Overseas missions (embassies and consulates): The standard channel for visa applications.
Electronic visas (Korea Visa Portal): Online applications available for certain visas, including E-7 (Gold Card holders), E-1, E-3, E-4, and E-5.
Hi Korea (www.hikorea.go.kr): For applications to change or extend status of stay within Korea.

[Bonus Material] Change of ‘Status of Stay’ — Complete Guide to Required Documents, Eligibility, and Legal Pitfalls

1. Legal Nature of Permits to Change Status of Stay

A permit to change one’s status of stay is a form of constitutive administrative disposition that grants the applicant authority to engage in activities corresponding to a status of stay different from the one initially conferred (Immigration Act, Article 24(1)). Accordingly, even where an applicant meets the requirements set out in the relevant statutes, the authorizing authority retains broad discretion to decide whether to grant the permit, taking into account the applicant’s suitability, the purpose of stay, the impact on the public interest, and other factors (Supreme Court, Judgment of July 14, 2016, 2015Du48846).

That said, when exercising this discretion, a decision is unlawful as an abuse of or deviation from discretionary authority where there is a serious error in the factual findings underlying the judgment, where the principles of proportionality or equality have been violated, or where the decision is otherwise so manifestly unreasonable as to fall outside generally accepted social norms (Supreme Court, Judgment of July 14, 2016, 2015Du48846).

⚠️ Key point: Meeting the requirements does not guarantee permission. A foreign national may stay only within the scope of the status of stay and period granted at initial entry; where continued stay in Korea is necessary, the rule is to depart and re-enter through the proper procedure, and changes of status of stay are permitted only as an exception (Seoul Administrative Court, Judgment of Oct. 25, 2018, 2018Gudan68158).

2. Application Procedure and Common Documents for a Change of Status of Stay

A. Application Procedure

A person seeking a permit to change status of stay must submit an application form, together with the documents prescribed by Ministry of Justice ordinance, to the chief of the relevant office, branch office, or sub-branch office (Enforcement Decree of the Immigration Act, Article 30(1)).

Upon receiving the application, the office chief must forward it to the Minister of Justice without delay, accompanied by an opinion. When the Minister of Justice grants permission, a stamp evidencing the change of status of stay must be affixed to the passport, with the status of stay, period of stay, and place of employment recorded; alternatively, a change-of-status sticker may be applied (Enforcement Decree of the Immigration Act, Article 30(2) and (3)).

B. Review Criteria

To grant a permit to change status of stay, the office chief must examine whether the foreign national meets the following requirements:

① The applicant must qualify for the relevant status of stay; ② The applicant must be expected to return home within the period of stay granted; and ③ The applicant must meet such other criteria as the Minister of Justice may separately prescribe.

C. Common Documents Required (General)

Document	Notes
Application form for change of status of stay	Form available at Hi Korea (www.hikorea.go.kr)
Original passport	Validity must be verified
Alien Registration Card	For previously registered persons only
Receipt for fee payment	Varies by status of stay
Documents proving qualifications for the relevant status of stay	See sub-sections below for each category

3. Documents Required for Major Changes of Status of Stay

A. Change to Study Abroad (D-2)

Standard certificate of admission (including determinations on academic and financial capacity)
Proof of financial capacity (bank balance certificate, etc.)
Academic transcripts and diplomas

The D-2 status is granted to persons pursuing regular educational programs at junior colleges or above, or at academic research institutions, or conducting specific research. When applying for a change of status, applicants must submit a standard certificate of admission containing determinations on academic ability and financial capacity (Seoul Administrative Court, Judgment of Jan. 26, 2022, 2021Gudan21098).

Furthermore, a D-2 change may be denied where the applicant is enrolled at an institution that is not registered with the Ministry of Justice’s Foreign Student Information Management System (FIMS) (Seoul Administrative Court, Judgment of June 11, 2020, 2020Gudan6092).

B. Change to General Training (D-4)

Letter of admission or certificate of enrollment
Proof of financial capacity (bank balance certificate or transaction history showing the requisite amount maintained continuously for at least one month)
Receipts for tuition payments (tuition fees, dormitory fees, entrance fees, etc.)

For foreign students at educational institutions at the high school level or below, proof of living expenses must be submitted in accordance with the Ministry of Justice’s “Guidelines on D-4 Visa Issuance and Stay Management for Foreign Students at Educational Institutions of High School Level and Below” (Suwon District Court, Judgment of Apr. 7, 2022, 2021Guhap70722).

C. Change to Corporate Investor (D-8)

Certificate of registration as a foreign-invested company
Business registration certificate
Employment contract or dispatch order
Educational and career documentation

The maximum stay period under D-8 is 5 years for sub-category (a) (foreign-invested company) and 2 years for sub-categories (b) and (c). As a constitutive administrative disposition, the change-of-status permit lies within the authorizing authority’s discretion, and whether a company qualifies as a foreign-invested enterprise is strictly examined (Daegu District Court, Judgment of Nov. 21, 2012, 2012Guhap29).

D. Change to and Extension of Trade Management (D-9)

Business registration certificate
Trade performance records (export-import records, etc.)
Documents related to trade visa points

A points-based system applies to extensions of D-9 status. Where the total is 10 points or below, only a 6-month extension is permitted, and a further extension is not available if the applicant again scores 10 or below on the next application. As these criteria are publicly announced on the Hi Korea website, applicants are expected to verify them in advance (Seoul Administrative Court, Judgment of Feb. 2, 2021, 2020Gudan67028).

E. Change to Job Seeker (D-10)

Academic transcripts or career certificates
Proof of financial capacity

The D-10 status is granted to persons whom the Minister of Justice recognizes as engaging in training or job-seeking activities to obtain employment in fields corresponding to statuses E-1 (Professor) through E-7 (Special Designated Activities). However, persons engaged at performance venues designated by the Minister of Justice under the E-6 (Arts and Entertainment) status are excluded (Seoul High Court, Judgment of May 2, 2019, 2018Nu68201).

F. Change to Special Designated Activities (E-7)

Employment contract
Confirmation of visa issuance (filed by the employer)
Educational, qualification, and career documentation
Employer’s business registration certificate, tax payment certificate, etc.

If the employer submits a withdrawal of employment during the E-7 change application, the applicant will be deemed not to satisfy the requirements and the application may be denied (Seoul Administrative Court, Judgment of July 2, 2021, 2020Gudan72198).

G. Change to Marriage Migrant (F-6)

Marriage relationship certificate
Spouse’s resident registration certificate
Evidence of a substantive marital relationship (cohabitation confirmation, photographs, etc.)
Proof of financial capacity

Eligibility for a change of status to F-6 is limited to persons lawfully staying in Korea. Holders of short-term visas (B-1, B-2, C-1 through C-4), illegal residents, persons granted deferred-departure status, and ordinary criminal offenders are in principle not permitted to change status within Korea and must instead depart and obtain a visa from an overseas mission before re-entering. However, where it is deemed unavoidable to change status within Korea on humanitarian grounds — such as pregnancy, anticipated childbirth, or child-rearing — a change-of-status permit may exceptionally be granted (Suwon District Court, Judgment of Dec. 11, 2019, 2019Gudan7762).

In addition, a person who has acquired Korean nationality through marriage is restricted from sponsoring another foreign national as a marriage migrant within 3 years of acquiring nationality; an application for change of status filed in violation of this restriction may be denied (Daegu High Court, Judgment of Aug. 5, 2016, 2016Nu4547).

H. Change to Visiting and Cohabitation (F-1)

Documents proving the relationship with the principal status holder
Documents proving the principal status holder’s status of stay

For a change to F-1, the type of status held by the principal holder is critical. Where the Ministry of Justice’s manual has been amended — for instance, to require that “the principal status holder must hold a long-term resident status (F-2-99)” — the amended criteria as of the time of the decision apply, not those in effect when the application was filed. This is because administrative dispositions such as permits must, in principle, be processed according to the law and permit criteria in effect at the time of the disposition (Supreme Court, Judgment of Aug. 25, 2006, 2004Du2974; Seoul Administrative Court, Judgment of Sept. 9, 2021, 2021Gudan11220).

I. Change to Other (G-1)

Documents proving the need for long-term medical treatment (e.g., medical opinion letter)
Documents proving the ability to fund treatment and stay

G-1 status is a temporary, residual recognition granted to foreign nationals for whom no other status of stay is available domestically (Suwon District Court, Judgment of Apr. 7, 2022, 2021Guhap70722). In principle, employment activities are not permitted under G-1 status, nor are for-profit activities.

J. Change to Dependent Family (F-3)

Documents proving the principal status holder’s status of stay
Family relationship documentation

For nationals of countries with high rates of illegal stay or designated as priority management countries, domestic changes to F-3 are restricted, and applicants are typically required to apply for a single-entry visa at an overseas mission (Incheon District Court, Judgment of Apr. 22, 2022, 2021Gudan2671).

4. Cases Where a Change of Status of Stay Is, in Principle, Restricted

In the following cases, a change of status within Korea is in principle not permitted, and the applicant must depart and re-enter after obtaining a visa from an overseas mission.

Restricted Category	Basis
Holders of short-term visas (B-1, B-2, C-1 through C-4)	Persons entering for short-term visit purposes are notified at entry that changes of status will not be permitted (Seoul Administrative Court, Judgment of Nov. 4, 2016, 2016Gudan15174)
Illegal residents (including unlawful entrants and users of forged or altered passports)	Suwon District Court, Judgment of Dec. 11, 2019, 2019Gudan7762
Persons under deferred-departure status	Same judgment
Ordinary criminal offenders (excluding minor fines)	Same judgment
Persons who have lost lawful status of stay	A lawful status of stay is a prerequisite for a change-of-status application (Seoul Administrative Court, Judgment of July 5, 2022, 2022Gudan4878)
Certain changes from Other (G-1) status	G-1 holders are restricted from changing to D-4-3 (foreign student at high school or below) (Suwon District Court, Judgment of Apr. 7, 2022, 2021Guhap70722)

5. Major Legal Pitfalls When Changing Status of Stay

A. Application of Criteria as of the Time of the Disposition

Administrative dispositions such as permits must, in principle, be processed according to the law and permit criteria in effect at the time of the disposition, not those at the time of application. Even where the criteria have been amended after the application was filed, the disposition must be made under the amended criteria — unless the permitting authority, having received the application, delayed processing without justifiable cause and the criteria changed during that delay (Supreme Court, Judgment of Aug. 25, 2006, 2004Du2974).

→ Practical pitfall: Even if one files an application relying on the manual in effect at the time of filing, the amended criteria may apply if the manual has been revised by the time the disposition is made.

B. Good Conduct Requirement — Prior Criminal Record

Where a good-conduct requirement applies to a change of status, a denial decision on the ground of poor conduct — for example, because three years have not passed since a summary order imposing a KRW 1 million fine for gambling became final — may be unlawful as a manifest deviation from or abuse of discretion. However, this conclusion applies only where the specific criteria for good conduct are not set out in statute and were applied without prior notice.

→ Practical pitfall: Where there is a prior criminal record, the change of status may be denied; the good-conduct criteria in the Ministry of Justice’s manual should always be reviewed in advance.

C. History of Illegal Stay

Even where a foreign national with a long history of illegal stay marries a Korean national and applies for a change to F-6 status, the longer the period of illegal stay, the more likely the application will be denied. A denial decision was upheld as not constituting a deviation from or abuse of discretion where the applicant had a 7-year-4-month history of illegal stay (Daegu High Court, Judgment of Aug. 5, 2016, 2016Nu4547).

D. Sham Marriages and Submission of False Documents

Acquiring F-6 status through a sham marriage, or submitting false bank balance certificates or supporting materials to apply for a change of status, may result in criminal punishment for violations of the Immigration Act, false entry in public electronic records, and obstruction of official duties by deception. In particular, F-5 (permanent resident) status acquired through a sham marriage may be revoked, in which case a departure order typically follows (Daegu District Court, Judgment of Jan. 10, 2024, 2023Gudan11356).

However, where the procedure for preparing and serving the disposition document was not followed when revoking the status of stay, the revocation is unlawful as a violation of Article 24(1) of the Administrative Procedure Act, the defect is grave and obvious, and the revocation is therefore void as a matter of law; any departure order based on it is likewise unlawful (Daegu District Court, Judgment of Jan. 10, 2024, 2023Gudan11356).

E. Relationship Between Naturalization and Status of Stay

Even where a foreign national has continuously resided in Korea for at least 3 years under Working Visit (H-2) or Other (G-1) status, the Minister of Justice may deny a simplified naturalization application based on the substance or character of such status. The mere fact that H-2 or G-1 status may satisfy the residence requirement for simplified naturalization does not render a denial of naturalization unlawful (Supreme Court, Judgment of Oct. 28, 2010, 2010Du6496).

F. Fraudulent Applications Through Visa Brokers

Submitting an application containing false statements — such as a falsified admission letter — or otherwise applying for a change of status of stay or extension by fraudulent means, as well as brokering such applications, is criminally punishable under the Immigration Act (Busan District Court, Judgment of May 26, 2021, 2021Godan590; Suwon District Court, Judgment of May 12, 2022, 2021Godan7107).

G. Knock-On Effect on Dependent Family (F-3) Status

If a permit to change status of stay is denied for the principal status holder (e.g., a D-2 student), the extension of stay for accompanying dependents (F-3) may be denied as a knock-on consequence (Seoul Administrative Court, Judgment of Feb. 10, 2022, 2021Gudan21494; Seoul Administrative Court, Judgment of Jan. 26, 2022, 2021Gudan21098).

6. Considerations in Administrative Litigation Concerning Changes of Status of Stay

A. Limits of Judicial Review over Discretionary Acts

Judicial review of discretionary acts is limited to examining whether there has been a deviation from or abuse of discretionary authority — that is, whether the act was based on factual error, violated the principles of proportionality or equality, contravened the purpose of the act, or was motivated by improper considerations (Suwon District Court, Judgment of Dec. 11, 2019, 2019Gudan7762).

B. No Substitution of Petitioner in Administrative Appeals

Where an administrative appeal is filed in the name of a person who lacks standing as petitioner, the administrative agency or the ruling agency has no duty to order a correction substituting a person with proper standing, and voluntary substitution of the petitioner is in principle not permitted in administrative appeal proceedings (Supreme Court, Judgment of Oct. 8, 1999, 98Du10073).

7. Practical Summary Table

Status of Stay	Key Documents	Major Pitfalls
D-2 Study Abroad	Standard admission certificate; bank balance certificate	Denial if institution not registered with FIMS; criminal punishment for falsified balance certificate
D-4 General Training	Admission letter; proof of living expenses	Denial if living-expense threshold not met
D-8 Corporate Investor	Foreign-invested company registration certificate	Strict scrutiny of whether the company qualifies as foreign-invested
D-9 Trade Management	Trade records; trade visa points documents	Only 6-month extension where points are 10 or below
D-10 Job Seeker	Educational and career documentation	Change not permitted for E-6-2 venue workers
E-7 Special Designated Activities	Employment contract; confirmation of visa issuance	Immediate denial upon employer’s withdrawal of employment
F-3 Dependent Family	Proof of principal holder’s status of stay	Knock-on denial if principal holder’s application is denied; restrictions for high-illegal-stay countries
F-6 Marriage Migrant	Marriage certificate; proof of cohabitation	Generally denied for short-term visa holders and illegal residents; 3-year sponsorship restriction after marriage-based naturalization
G-1 Other	Medical opinion letter; proof of living expenses	Temporary and residual in character; no employment or for-profit activity

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