Permanent Residence (F-5 Visa) Status in South Korea
The Big Picture
1. Meaning and Characteristics of F-5 Permanent Residence Status
Permanent residence (F-5) status allows a foreigner to reside continuously in the Republic of Korea without restriction on the scope of activity or the period of stay, conferring a status that is effectively comparable to acquiring Korean nationality (Immigration Act, Article 10-3(1)).
Because a person who acquires permanent residence status can continue to stay in Korea without extending the period of stay—thereby obtaining a status similar in substance to acquiring Korean nationality—the permitting authority holds broad discretion as to whether to permit a change to permanent residence status (Changwon District Court, Nov. 14, 2017, 2017guhap51158; Busan District Court, June 26, 2015, 2014guhap2875).
2. General Requirements for Acquiring Permanent Residence Status
Under Article 10-3(2) of the Immigration Act, a person seeking to acquire permanent residence status must satisfy all three of the following requirements:
A. Good-conduct requirement. The person must be of good conduct, including compliance with the statutes of the Republic of Korea.
B. Means-of-livelihood requirement. The person must have the ability to maintain a livelihood through the income, assets, etc. of the person or of family members who share the same livelihood.
C. Basic-competency requirement. The person must possess the basic competencies necessary to continue living in the Republic of Korea, such as Korean-language ability and an understanding of Korean society and culture.
Exception: For persons who have rendered special meritorious service to the Republic of Korea, persons of outstanding ability in a particular field such as science, business, education, culture and the arts, or sports, and persons who have invested at least a certain amount, the means-of-livelihood and basic-competency requirements may be relaxed or waived, in whole or in part (Immigration Act, Article 10-3(3)).
3. Detailed Requirements by Status Type
(Enforcement Decree of the Immigration Act, Article 12 [Attached Table 1-2]) F-5 permanent residence status has several sub-types depending on the application route. The principal types are as follows.
A. F-5-1: Long-term resident foreigner (general permanent residence). A person who has stayed continuously in the Republic of Korea for five years or more and whom the Minister of Justice recognizes, taking into account means of livelihood, conduct, basic competencies, and the like.
B. F-5-2: Spouse or minor child of a national or permanent resident. A spouse or minor child of a national or of a person holding permanent residence (F-5) status, who has stayed in the Republic of Korea for two years or more and whom the Minister of Justice recognizes, taking into account means of livelihood, conduct, basic competencies, and the like. However, in this case the marital relationship must also be subsisting at the time of the application for the change of status (Suwon District Court, Oct. 1, 2014, 2013guhap14093).
C. F-5-10: Permanent residence for holders of bachelor’s/master’s degrees and qualifications. A person holding a degree of bachelor’s level or higher in a field designated by the Minister of Justice, who has a domestic period of stay of three years or more and who, at the time of applying for permanent residence (F-5), is employed by a domestic company and receives wages of at least the amount designated by the Minister of Justice (Suwon District Court, May 22, 2024, 2023gudan12075). In practice, a degree of bachelor’s level or higher in an advanced-technology field is required.
D. F-5-7: Permanent residence for foreign-nationality Koreans. A foreign-nationality Korean under Article 2, subparagraph 2 of the Act on the Immigration and Legal Status of Overseas Koreans who satisfies the requirements for acquiring nationality under the Nationality Act.
4. Required Documents
The following are the documents submitted when applying for a change of status under Article 76(2) and Attached Table 5-2 of the Enforcement Rules of the Immigration Act; they vary somewhat by type.
A. Common documents
| Document | Remarks |
|---|---|
| Application for permission to change residence status | Prescribed form |
| Passport and original alien registration card | |
| One standard-format photograph | |
| Fee |
B. Documents relating to good conduct
| Document | Remarks |
|---|---|
| Criminal record certificate | Home country and domestic |
| Certificate of entry and departure |
C. Documents relating to means of livelihood
| Document | Remarks |
|---|---|
| Certificate of income amount or withholding receipt for earned income | |
| Certificate of employment or business registration certificate | |
| Documents relating to assets such as real estate | Where applicable |
| Certificate of account balance |
D. Documents relating to basic competency
| Document | Remarks |
|---|---|
| Certificate of completion of the Social Integration Program (KIIP) | Or a Test of Proficiency in Korean (TOPIK) score report |
| Certificate of passing the comprehensive assessment for naturalization | Where applicable |
E. Additional documents by type
- F-5-2 (spouse of a national): marriage relation certificate, family relation certificate, and the spouse’s resident registration record.
- F-5-10 (degree holder): copy of the degree certificate, certificate of employment, and documents confirming wages.
- F-5-7 (foreign-nationality Korean): documents evidencing nationality.
5. Key Precedents
A. Recognition of the permitting authority’s broad discretion
Permission for a change to permanent residence status has the character of a status-conferring disposition—a type of disposition that grants the applicant the authority to engage in activities corresponding to a residence status different from the original—so the permitting authority holds broad discretion in deciding whether to permit the change (Gwangju District Court, Jan. 24, 2025, 2024guhap549).
In particular, permanent residence (F-5) status is not subject to restrictions on employment activity, and the grounds for a forced-removal order are limited; the scope of permissible domestic activity is thus guaranteed at a level comparable to that of a Korean national. Accordingly, the permitting authority holds broad discretion as to whether to permit a change to permanent residence status (Changwon District Court, Nov. 14, 2017, 2017guhap51158).
B. The good-conduct requirement
1) Where there is a criminal record. There is a case holding lawful a refusal to permit a change to permanent residence status on the ground of a criminal record and a violation of the Immigration Act. The court noted, however, that only the change to permanent residence had been refused—no separate entry ban had been imposed—so that, as long as the marital relationship continued, the person could continue to stay on marriage-migrant (F-6) status, and that, because there is no time limit or cap on the number of applications, the person could apply again (Daegu District Court, June 14, 2019, 2018gudan11642).
2) Submission of false documents; bigamy. There is a case finding no mistake of fact and no exceeding or abuse of discretion in a disposition denying permanent residence status on grounds such as the submission of false documents and bigamy (Changwon District Court, Nov. 14, 2017, 2017guhap51158).
3) Relationship to cancellation of naturalization. There is a case holding lawful a disposition canceling naturalization where the person had obtained naturalization under a changed-name identity while concealing his real name (Seoul Administrative Court, Jan. 7, 2022, 2021guhap77487).
C. The basic-competency requirement
Where a person answered some of the 20 questions on the written Korean-language assessment incorrectly, the court held it difficult to find that the person possessed the basic competency required to be granted permanent residence (F-5) status (Daegu District Court, June 14, 2019, 2018gudan11642). Non-completion of the Social Integration Program has likewise been recognized as a ground for lack of basic competency (Seoul Administrative Court, Feb. 24, 2021, 2020gudan52682).
D. The subsisting-marriage requirement (F-5-2)
Where permanent residence status is sought as the spouse of a national, the marital relationship must also be subsisting at the time of the application for the change of status. Where separation was confirmed and the number of days of cohabitation was short, the court held that reasonable doubt could be entertained as to whether a normal marital relationship was being maintained, so the refusal fell within the bounds of discretion (Busan District Court, Apr. 6, 2017, 2016guhap21399; Incheon District Court, July 11, 2017, 2016gudan51334).
E. F-5-10 (degree holder)
Although the person claimed to hold a degree of bachelor’s level or higher in an advanced-technology field, to have a domestic period of stay of three years or more, and to have been working full-time at a domestic company for one year or more, there is a case holding lawful a refusal on the ground that the requirements for a change to permanent residence (F-5) status were not met (Suwon District Court, May 22, 2024, 2023gudan12075).
F. Possibility of reapplication
There is no time limit or cap on the number of applications for permanent residence status; the person may re-enter the country on a residence status other than permanent residence, and may apply again once the requirements corresponding to the ground for refusal are met (Seoul Administrative Court, Feb. 24, 2021, 2020gudan52682; Seoul Administrative Court, Dec. 18, 2014, 2014guhap12338).
6. Points to Note After Acquisition
A. Scope of activity and period of stay. A foreigner with permanent residence status is not subject to restrictions on the scope of activity or the period of stay (Immigration Act, Article 10-3(1)). There is likewise no restriction on employment activity.
B. Limited grounds for forced removal. For a holder of permanent residence (F-5) status, the grounds on which a forced-removal order may be issued are limited compared with other residence statuses (Immigration Act, Article 46(2)).
C. Relationship to naturalization. After a certain period following acquisition of permanent residence status, an application for naturalization becomes possible. However, the good-conduct requirement is separately examined at the naturalization stage, and the assessment of conduct made at the time permanent residence was acquired does not bind the authority in the naturalization screening (Seoul High Court, Jan. 13, 2017, 2016nu40704).
D. Obligation of alien registration. A foreigner who has acquired permanent residence status is also subject to the obligation of alien registration and must comply with reporting obligations such as reporting a change of residence.
E. Distinction from overseas Korean (F-4) status. Overseas Korean (F-4) status carries restrictions on some employment activity, such as simple manual labor, whereas permanent residence (F-5) status carries no such restriction.
7. Summary of Key Practical Points
| Item | Content |
|---|---|
| Scope of discretion | Broad discretion recognized in the permitting authority |
| Good conduct | Strict review of criminal record, Immigration Act violations, submission of false documents, etc. |
| Basic competency | Confirmation of the Korean-language test and completion of the Social Integration Program |
| Marital relationship | Field investigation of whether the marriage subsists at the time of application |
| Reapplication | No time limit or cap; reapplication possible after curing the requirements |
| Risk of cancellation | Cancellation possible where acquired by improper means |
Because permanent residence status confers a status comparable to that of a Korean national, the permitting authority’s review is conducted very strictly. Before applying, it is important to fully satisfy the good-conduct, basic-competency, and means-of-livelihood requirements and to prepare the relevant documents thoroughly.
The F-5 Visa Basic-Competency Requirement: A Detailed Guide to the TOPIK and KIIP Standards
1. The Statutory Basis of the Basic-Competency Requirement
Article 10-3(2), subparagraph 3 of the Immigration Act lays down, as a requirement for acquiring permanent residence status, that the applicant “possess the basic competencies necessary to continue living in the Republic of Korea, such as Korean-language ability and an understanding of Korean society and culture.”
The specific standards and scope are delegated to Ministry of Justice ordinance (Immigration Act, Article 10-3(4)), and Article 18-4, subparagraph 3 of the Enforcement Rules of the Immigration Act provides that the requirement is met by a person who has completed the Social Integration Program under Article 39(1) of the Act, or who has scored at least 60 out of a possible 100 on the comprehensive assessment under Article 48(2), subparagraph 3 of the Decree.
2. The TOPIK (Test of Proficiency in Korean) Standard
A. The minimum level under the statute. Article 18-4 of the Enforcement Rules provides only for completion of the Social Integration Program (KIIP) or a pass on the comprehensive assessment as the means of satisfying the basic-competency requirement; it does not directly specify a TOPIK level. That said, under the Ministry of Justice’s internal guidelines (public notice), TOPIK is used as a means of substituting for completion of the Social Integration Program, or as a reference in assigning a Social Integration Program level. In practice, TOPIK Level 4 or above is operated as the standard for satisfying the permanent residence (F-5) basic-competency requirement.
B. The approach of the courts. The courts recognize the failure to obtain a TOPIK score, or a low score, as a ground for lack of basic competency. For example, there is a case holding that where a person answered some of the 20 questions on the written Korean-language assessment incorrectly, it was difficult to find that the person possessed the basic competency required (Daegu District Court, June 14, 2019, 2018gudan11642). There is also a case in which, where TOPIK was partly suspended due to COVID-19, the person scored under 40 out of 100 (32 points) on the Social Integration Program’s basic-competency assessment conducted in its place, and the court held the refusal lawful.
C. Practical points:
- A TOPIK score is valid for two years from the date of issuance, so a valid score report must be submitted at the time of application.
- Where the basic-competency requirement is met by TOPIK alone, a score report at or above the level set by the Ministry of Justice public notice (in practice, Level 4 or above) must be submitted.
- However, the level assigned at the Social Integration Program’s pre-assessment is not an official certificate of completion or a level-by-level confirmation, and therefore cannot be submitted as a document satisfying the basic-competency requirement (Daejeon District Court, June 20, 2024, 2023gudan203285).
3. The Social Integration Program (KIIP) Completion Standard
A. Program structure. The Social Integration Program is composed of the following (Enforcement Decree of the Immigration Act, Article 48(1)):
| Component | Content |
|---|---|
| Stage 1 | Korean-language education (foundational) |
| Stage 2 | Korean-language education (beginner) |
| Stage 3 | Korean-language education (intermediate) |
| Stage 4 | Korean-language education (advanced) |
| Stage 5 | Education on understanding Korean society |
B. Assessment system. The Minister of Justice may conduct the following assessments of Social Integration Program participants (Enforcement Decree of the Immigration Act, Article 48(2)):
- Pre-assessment: determines the assigned stage according to the participant’s level.
- Stage-by-stage assessment: measures learning outcomes.
- Comprehensive assessment: the final assessment that determines whether the program is completed.
C. Standard for satisfying the basic-competency requirement. Under Article 18-4, subparagraph 3 of the Enforcement Rules, the requirement may be satisfied by one of two methods.
1) Method 1: Completing the entire Social Integration Program. The entire course, from Stage 1 through Stage 5, must be completed. A stage-by-stage certificate or an official certificate of completion must be submitted; the result of the stage assigned at the pre-assessment alone is not accepted (Daejeon District Court, June 20, 2024, 2023gudan203285).
2) Method 2: Scoring at least 60 on the comprehensive assessment. The comprehensive assessment is conducted out of 100 points, and a score of 60 or above satisfies the requirement. In practice, this is also called the “Korea Permanent Residence Aptitude Test” (see Seoul Administrative Court, May 14, 2025, 2024gudan15681).
D. Completion hours. The completion hours for each stage are set by Ministry of Justice public notice and are generally operated as follows.
| Stage | Content | Completion hours (standard) |
|---|---|---|
| Stage 0 | Foundational | 15 hours |
| Stage 1 | Beginner 1 | 100 hours |
| Stage 2 | Beginner 2 | 100 hours |
| Stage 3 | Intermediate 1 | 100 hours |
| Stage 4 | Intermediate 2 | 100 hours |
| Stage 5 | Understanding Korean society | 50 hours |
Note: The above completion hours are the Ministry of Justice public-notice standard, and the assigned stage may differ depending on the pre-assessment result. A person assigned a higher stage at the pre-assessment may begin completing the program from that stage.
E. Practical points on completion:
- Completion of the Social Integration Program is recognized only at operating institutions designated by the Ministry of Justice (Enforcement Decree, Article 49; Enforcement Rules, Article 53-2).
- After completing each stage, the official certificate of completion or a stage-by-stage confirmation must be obtained and kept.
- The stage assigned at the pre-assessment only determines the starting point for completion; it is not in itself recognized as completion of that stage (Daejeon District Court, June 20, 2024, 2023gudan203285).
- Non-completion of the Social Integration Program is recognized as a ground for refusing permanent residence status (Seoul Administrative Court, Feb. 24, 2021, 2020gudan52682).
4. Comparison of the Methods of Satisfaction
| Category | TOPIK | KIIP completion | KIIP comprehensive assessment |
|---|---|---|---|
| Standard | Level 4 or above (in practice) | Completion of the entire course (Stages 0–5) | At least 60 out of 100 |
| Supporting document | Score report (valid 2 years) | Official certificate of completion or stage-by-stage confirmation | Certificate of passing the comprehensive assessment |
| Caution | Must confirm validity period | Pre-assessment assigned stage not accepted | Fail if under 60 |
5. Conclusion and Practical Advice
Because the basic-competency requirement is applied strictly in permanent residence screening, the following should be confirmed before applying.
A. When using TOPIK. Prepare a valid TOPIK score report (in practice, Level 4 or above), and confirm in advance the level required under the Ministry of Justice public notice.
B. When using KIIP. The result of the stage assigned at the pre-assessment alone is not enough; the relevant stage must actually be completed and an official certificate of completion or a stage-by-stage confirmation obtained. Where the requirement is met through the comprehensive assessment, a score of 60 or above is required (Enforcement Rules, Article 18-4, subparagraph 3).
The Effect of a Criminal Record on F-5 Visa Applications, and the Disqualification Periods
1. The Specific Standards of the Good-Conduct Requirement
Article 18-4(1), subparagraph 1 of the Enforcement Rules of the Immigration Act sets the standards for the good-conduct requirement for acquiring permanent residence status as follows:
| Type of violation | Disqualification period |
|---|---|
| Actual term of imprisonment without labor or heavier | Fewer than 5 years since completion or remission of execution of the sentence |
| Suspended sentence of imprisonment without labor or heavier | Fewer than 5 years since the judgment became final |
| Fine | Fewer than 3 years since payment of the fine |
Note: These differ from the standards in Article 5-2 of the Enforcement Rules of the Nationality Act, which govern the naturalization requirements (a fine: 5 years; a suspended indictment: 2 years, etc.). For permanent residence status, the disqualification period for a fine is 3 years—shorter than for naturalization.
2. The Effect of Minor Offenses (Traffic Violations, Fines, etc.)
A. General rule — a ground for refusal within the disqualification period. Where fewer than 3 years have elapsed since the day the fine was paid following a sentence of a fine, the person is regarded as not satisfying the good-conduct requirement, and the permanent residence application may be refused. The courts, too, treat a criminal record as an important factor in reviewing the good-conduct requirement. For example, there is a case holding lawful a refusal on the ground of a criminal record and a violation of the Immigration Act (Daegu District Court, June 14, 2019, 2018gudan11642).
B. Violations of the Immigration Act — treated more strictly. Beyond an ordinary criminal record, violations of the Immigration Act (unlawful overstay, submission of false documents, etc.) weigh especially unfavorably in permanent residence screening. Courts have held that, for a foreigner who has entered the country, the fact of having violated the Immigration Act—which is fundamentally to be observed—can, absent special circumstances, be an important factor in assessing conduct.
3. The Effect of the Disqualification Period Elapsing
A. Application possible, in principle, once the period elapses. Once the disqualification period elapses (for a fine, 3 years from the date of payment), the person no longer, in principle, falls within the disqualifying grounds. Because there is no time limit or cap on the number of applications, the person may apply again by observing the domestic legal order for a considerable period going forward and thereby proving that his conduct is good (Daegu District Court, June 14, 2019, 2018gudan11642; Daegu District Court, Mar. 29, 2019, 2018gudan2174).
B. Discretionary consideration remains possible even after the period elapses. The elapsing of the disqualification period does not automatically result in the grant of permanent residence status. Because the permitting authority holds broad discretion, it may refuse even after the disqualification period has elapsed, taking into account the totality of the content of the offense, the number of offenses, the manner of violation, the duration of any unlawful overstay, and the like. For example, there is a case holding that the mere fact that a long time had passed since the end of the violating conduct made it difficult to conclude that, at the time of the disposition, the plaintiff possessed the character and behavior sufficient to become a member of Korean society without impediment, and held a clear intention to keep and respect the legal order (Daegu District Court, Mar. 29, 2019, 2018gudan2174).
4. Permanent Residence vs. Naturalization — Comparing the Good-Conduct Standards
The good-conduct standards for permanent residence and for naturalization are governed by separate statutes, and the standards differ.
| Category | Governing statute | Fine disqualification | Suspended-indictment disqualification |
|---|---|---|---|
| Permanent residence (F-5) | Enforcement Rules of the Immigration Act, Art. 18-4 | 3 years from payment | Not separately specified |
| Naturalization | Enforcement Rules of the Nationality Act, Art. 5-2 | 5 years from payment | 2 years from the disposition |
For naturalization, Article 5-2, subparagraph 1, item (c) of the Enforcement Rules of the Nationality Act sets as a disqualifying ground the case where fewer than 5 years have elapsed since the date a fine was paid. Even where a disqualifying ground applies, however, the Minister of Justice may recognize the person’s conduct as good, taking into account the circumstances, the degree of harm to the public interest, the person’s social contribution, humanitarian considerations, the national interest, and the like (Enforcement Rules of the Nationality Act, Article 5-2, subparagraph 2).
5. A Criminal Record as a Ground for Canceling Permanent Residence Status
Even after acquiring permanent residence status, the status may be canceled in the following cases (Immigration Act, Article 89-2(1)):
- Mandatory cancellation: where permanent residence status was acquired by false or other improper means.
- Discretionary cancellation: where the person commits an offense prescribed by the Criminal Act or other statutes designated by Ministry of Justice ordinance and a sentence of 2 years’ imprisonment with or without labor or heavier becomes final; or where, within the past 5 years, the person has been sentenced to imprisonment with or without labor for violating this Act or another statute, and the aggregate of the finalized sentences is 3 years or more.
In one case, permanent residence status was canceled where, after the status had been acquired, a sentence of 2 years’ imprisonment or more became final for aiding fraud and other offenses (Suwon District Court, Sept. 11, 2020, 2020gudan7157).
6. Summary of Practical Points
A. Matters to confirm before applying:
- For a fine, always confirm whether 3 years have elapsed since the date of payment.
- For an actual term of imprisonment without labor or heavier, or a suspended sentence, confirm whether 5 years have elapsed.
B. Points to watch even after the disqualification period elapses:
- Even after the disqualification period elapses, the content of the offense, the number of offenses, whether there was unlawful overstay, and the like may be considered as a matter of discretion.
- In particular, a record of violating the Immigration Act can weigh unfavorably regardless of the disqualification period.
- After the disqualification period elapses, it is advantageous to also submit materials proving observance of the legal order for a considerable period (certificate of employment, tax-payment certificate, materials on community activities, etc.).
C. Where status was acquired by improper means such as a sham marriage. Where permanent residence status was acquired by improper means such as a sham marriage, the status is canceled as a mandatory matter; in such a case, if the written disposition is not served, the cancellation disposition itself may be void as a matter of course (Daegu District Court, Jan. 10, 2024, 2023gudan11356).
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