Korea’s F-1 (Visiting Family/Cohabitation) Visa: A Practical Guide
1. Overview
The Visiting Family/Cohabitation (방문동거) status of stay is a long-term status, granted under Article 12 and item 23 of attached Table 1-2 of the Enforcement Decree of the Immigration Control Act, to persons whom the Minister of Justice recognizes as intending to stay for purposes such as visiting relatives, family cohabitation, being a dependent, or settling household affairs, or similar purposes (Immigration Control Act, Art. 10-2(1)(2); Enforcement Decree, Art. 12).
F-1 is not a single status but is divided into detailed sub-codes (F-1-1, F-1-5, F-1-7, F-1-11, F-1-13, F-1-28, F-1-71, F-1-D, etc.), each with different requirements, required documents, and points to note. The discussion below focuses on the main sub-codes that arise frequently in practice.
Note: F-1 status does not, in principle, permit employment activity. Employment requires either a change to a status permitting employment or separate permission.
2. Legal Character and Discretion in Change-of-Status/Extension Permission
Permission to extend the period of stay and permission to change status of stay are dispositions conferring a right — they grant the applicant authority to remain in Korea beyond the previously recognized period of stay. Accordingly, the granting authority retains discretion to decide whether to grant permission, taking into account the applicant’s suitability, purpose of stay, and impact on the public interest, even where the applicant satisfies the statutory requirements (Suwon District Court, Judgment of Aug. 19, 2022, Case No. 2022gudan7656; Incheon District Court, Judgment of Sept. 28, 2021, Case No. 2020gudan3967).
Furthermore, a foreigner may only remain in Korea within the scope of the status and period of stay recognized at initial entry; if continued stay is needed, the foreigner must generally go through a departure-and-reentry process, and may remain in Korea via a change of status or extension of stay only in exceptional cases following strict review (Incheon District Court, Judgment of Sept. 28, 2021, Case No. 2020gudan3967).
3. Requirements, Documents, and Notes by Key Sub-Code
A. F-1-5: Parents, etc. of a Marriage Immigrant (Childbirth/Childcare Support)
Requirements
- Parent or family member of a marriage immigrant (F-6) married to a Korean national
- Permitted, for the purpose of supporting childbirth/childcare, only where the marriage immigrant’s pregnancy or childbirth is proven
- Limited to the marriage immigrant’s parents; other family members generally do not qualify
- In principle, an F-1-5 visa must be obtained at an overseas mission before entry; a change of status within Korea after entering on, e.g., a short-term visit (C-3) visa is generally not permitted
Typical documents: visa application, passport, photo; documents proving the family relationship with the marriage immigrant; documents proving pregnancy/childbirth; documents confirming the marriage immigrant’s F-6 status; proof of financial capacity.
Notable cases and points to note: Where an applicant, having been denied an F-1-5 visa at an overseas mission, entered on a short-term visit (C-3) visa and then applied for a change of status within Korea, a court upheld the denial of that application as lawful, also making clear that a mission’s issuance of a short-term visit visa cannot be read as an assurance that a domestic change of status would be possible (Changwon District Court, Judgment of Dec. 13, 2023, Case No. 2023gudan246). Exceptionally, a domestic change of status may be permitted where the marriage immigrant or the child being raised develops a serious illness or severe disability, though the evidentiary bar for this is strict (same case).
B. F-1-7: Naturalization Applicant
Requirements: A foreigner who has applied for Korean nationality and whose naturalization application is under review. This is distinct from F-1-71 (family of a naturalization applicant), which requires the principal applicant to be an overseas Korean national.
Typical documents: receipt of naturalization application or documents confirming the application was filed; passport, alien registration card; documents related to the prior status of stay.
Notable cases and points to note: Where a naturalization application is denied, an extension of F-1-7 status may likewise be denied (Incheon District Court, Judgment of June 21, 2022, Case No. 2021gudan50038). A person wishing to remain in Korea after a denial of naturalization should consider changing to a different status of stay.
C. F-1-11: Spouse of a Working Visit (H-2) Status Holder
Requirements: Spouse of an overseas Korean national residing under Working Visit (H-2) status. For nationals of countries with a high incidence of illegal stay, additional requirements must be met (e.g., falling under an exceptional category for change of status, such as having a minor biological child residing in Korea). A change of status within Korea is generally not permitted for those who entered on a short-term visa (C-3, etc.).
Typical documents: marriage certificate (notarized); documents confirming the spouse’s H-2 status; passport, photo; proof of financial capacity; documents relating to any minor biological child, where applicable.
Notable cases and points to note: In a case involving an Uzbek national who entered on General Short-Term (C-3-1) status and applied for a change to H-2 spouse status (F-1-11) but was denied for failing to meet the minor-child requirement applicable to nationals of a high-illegal-stay-incidence country, the court upheld the denial as lawful (Suwon District Court, Judgment of Jan. 26, 2022, Case No. 2021gudan2845). Proof of the genuineness of the marriage is important, and the relationship between the timing of marriage registration and entry is also scrutinized.
D. F-1-13: Accompanying Parent of a Foreign Student in Primary/Secondary School
Requirements: A relative within the second degree of kinship of a self-supporting foreign student who has been admitted to, or is enrolled at, the relevant educational institution up through high school. Certain requirements, including financial requirements, must be met. Only one accompanying parent is permitted per student. Since employment activity is not permitted, proof of living/subsistence expenses is essential.
Typical documents: student’s enrollment certificate or admission letter; documents proving the family relationship with the student; proof of subsistence funds (bank balance certificate, etc., maintained continuously for at least one month at or above the required amount); passport, photo.
Notable cases and points to note: Insufficient proof of subsistence funds can lead to denial. Where a large sum is deposited and then withdrawn within a short period, this may be viewed as a merely formal show of funds, so maintaining a continuous balance for at least one month is important (Incheon District Court, Judgment of June 21, 2022, Case No. 2021gudan50038). If the student’s status is cancelled or studies are discontinued, the accompanying parent’s status may also be affected.
E. F-1-28: Foreign-National Parent, etc. of a Naturalized Citizen
Requirements: A foreign-national parent, etc. of a person who has acquired Korean nationality through naturalization. Must meet the “parent of a naturalized citizen” requirements under the Ministry of Justice’s residency management guide manual. The naturalized child must actually hold Korean nationality, and the parent-child relationship must be proven.
Typical documents: documents proving the naturalized citizen’s acquisition of nationality (basic certificate, family relationship certificate, etc.); documents proving the parent-child relationship; passport, photo; proof of financial capacity.
Notable cases and points to note: Whether the applicant meets the “parent of a naturalized citizen” requirement is the central issue, and failure to meet it results in denial (Daejeon District Court, Judgment of Dec. 21, 2023, Case No. 2023gudan370). Applicants should confirm in advance whether the naturalized child actually holds Korean nationality and whether the parent-child relationship can be clearly proven.
F. F-1-71: Family of a Naturalization Applicant (Spouse/Children of an Overseas Korean National)
Requirements: Spouse and children of a person residing under Naturalization Applicant (F-1-7) status. The principal F-1-7 holder must be an overseas Korean national; if the spouse is not an overseas Korean national, the F-1-71 requirement is not met.
Typical documents: documents proving the principal applicant’s overseas-Korean-national status; marriage certificate or documents proving the family relationship; passport, photo; proof of financial capacity.
Notable cases and points to note: Where the spouse is not an overseas Korean national, the F-1-71 requirement is not satisfied and the application is denied. In such a case, a court confirmed that change-of-status permission is a disposition conferring a right, over which the granting authority has broad discretion (Gwangju District Court, Judgment of Jan. 24, 2025, Case No. 2024guhap549).
G. F-1-D: Workation (Digital Nomad)
Requirements: A foreigner employed by an overseas company capable of remote work, who has worked in the same industry for at least 1 year. Income requirement: at least twice the prior year’s per-capita Gross National Income (GNI) as published by the Bank of Korea. Must hold personal medical insurance covering at least KRW 100 million for hospital treatment and repatriation during the period of stay in Korea. Employment activity within Korea is not permitted (only remote work for the overseas employer is allowed).
Typical documents: certificate of employment or employment contract (proving employment with the overseas company); income documentation (pay stubs, employment contract, etc.); proof of medical insurance; passport, photo.
Notable cases and points to note: The reliability of income documentation is important. Denial may result where monthly salary is inconsistent, submitted documents lack reliability, or the applicant has been residing with an overseas employer under a visit visa rather than a work visa (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630). Engaging in employment activity within Korea can constitute a violation of the Immigration Control Act as activity outside one’s status.
H. F-1-99 (Other): Individual Humanitarian Grounds, etc.
Requirements: A person who does not fall under any of the above sub-codes, but who is recognized as having unavoidable circumstances requiring long-term stay in Korea without engaging in occupational activity (Enforcement Decree, attached Table 1-2, item 23(c)). Requires individual recognition by the Minister of Justice and is strictly interpreted.
Points to note: May be granted only where individual humanitarian grounds are recognized, such as being the parent with custody/care of a minor child; a subsequent change to Residence (F-2) status requires separately meeting additional requirements (5+ years of residence, means of livelihood, etc.) (Incheon District Court, Judgment of Dec. 16, 2022, Case No. 2021gudan52287).
4. Common Points to Note
Nationals of countries with a high incidence of illegal stay: For foreigners from countries designated by the Ministry of Justice as having a high incidence of illegal stay (e.g., Uzbekistan), a domestic change of status after entering on a short-term visa (C-3, etc.) is generally restricted, and permitted only in exceptional cases meeting additional requirements, such as a minor biological child residing in Korea (Suwon District Court, Judgment of Jan. 26, 2022, Case No. 2021gudan2845).
Proof of financial capacity: Since F-1-series statuses do not permit employment, applicants must prove they can independently cover living/subsistence expenses during their stay. A large deposit followed by a withdrawal within a short period may be viewed as a merely formal show of funds and result in denial (Uijeongbu District Court, Judgment of Feb. 12, 2025, Case No. 2024gudan5238).
Requirement of an existing administrative disposition: Where an applicant never filed a change-of-status application and only received informal guidance from staff, this does not constitute an administrative disposition and cannot be the subject of a revocation suit. Bringing administrative litigation requires an explicit, definite application and a denial disposition in response (Incheon District Court, Judgment of Dec. 20, 2024, Case No. 2024gudan51698; Jeonju District Court, Judgment of Oct. 24, 2024, Case No. 2024guhap2443).
Points to note when asserting abuse or deviation of discretion: To successfully argue abuse or deviation of discretion regarding a denial of extension or change of status, it is not enough merely to show the requirements were met; the applicant must specifically assert and prove that the disposition was based on a mistaken finding of fact, violated the principles of proportionality or equality, or lost validity under prevailing social norms (Seoul Administrative Court, Judgment of Aug. 16, 2023, Case No. 2022gudan20467; Uijeongbu District Court, Judgment of Nov. 22, 2023, Case No. 2023gudan977).
Prohibition on employment after obtaining status: F-1-series statuses generally do not permit employment activity. Engaging in employment without authorization can be punished as a violation of the Immigration Control Act (activity outside one’s status), and this also works against future extension or change-of-status reviews (Immigration Control Act, Art. 24(1)).
5. Summary of Relevant Statutes
| Statute | Main Content |
|---|---|
| Immigration Control Act, Art. 10 | Types of status of stay |
| Immigration Control Act, Art. 10-2 | Classification of general statuses (short-term/long-term) |
| Immigration Control Act, Art. 24 | Change-of-status permission |
| Immigration Control Act, Art. 25 | Extension-of-stay permission |
| Enforcement Decree, Art. 12, attached Table 1-2, item 23 | Types and scope of activity for Visiting Family/Cohabitation (F-1) status |
6. Additional Note
The provided reference materials do not include the full text of Ministry of Justice guidelines covering every F-1 sub-code (e.g., F-1-1 relative visits, F-1-2 accompanying family, etc.), so some sub-codes above have been explained only within the scope of the case law and statutes appearing in the materials provided. Since the Ministry of Justice’s current guidelines (HiKorea notices, etc.) are revised from time to time, applicants should confirm the latest requirements through the Ministry of Justice’s HiKorea portal (www.hikorea.go.kr) or the relevant local immigration office before applying.
The “Overseas Company Affiliation” Requirement for the F-1-D (Digital Nomad) Visa — Required Evidentiary Documents and Why Remote Work for a Korean Branch Office Does Not Qualify
1. Legal Basis and Significance of the “Overseas Company Affiliation” Requirement
The F-1-D (Digital Nomad/Workation) status of stay is for foreigners affiliated with an overseas company who are capable of remote work. The basic principles underlying this status are: (1) the applicant must be an employee of a foreign company with sufficient financial resources to support their stay in Korea, and (2) the applicant may not engage in employment activity within Korea (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630; Seoul High Court, Judgment of Sept. 26, 2025, Case No. 2024nu67131).
This status has been operated by the Ministry of Justice as a time-limited pilot program since January 1, 2024. The period of stay is 1 year from the date of entry (measured from alien registration), extendable by 1 additional year for a maximum of 2 years. A change of status is also possible from a short-term tourist visa (B-1, B-2, C-3) where the requirements are met (Seoul High Court, Judgment of Sept. 26, 2025, Case No. 2024nu67131).
2. Documents Required to Prove the “Overseas Company Affiliation” Requirement
Based on the rulings reflected in the reference materials, the following evidentiary documents and review standards can be identified.
A. Core Evidentiary Documents
| Document | Key Points Verified |
|---|---|
| Employment contract | Contracting party (the overseas company), date of execution, salary terms, work arrangement (whether remote work is permitted) |
| Certificate of employment | Confirms current employment with the overseas company (must be issued by the overseas company) |
| Salary payment records (bank transaction statements) | Confirms that salary is paid regularly and in a consistent amount from an account in the overseas company’s name |
| Income documentation | Confirms income meets at least twice the prior year’s per-capita GNI as published by the Bank of Korea |
| Proof of work eligibility in the employer’s country | Documents proving the applicant is lawfully employed there, e.g., under a valid work visa |
B. Practical Notes on Document Reliability
Courts have rejected the reliability of documents in situations such as the following:
- Inconsistent monthly salary: Where an employment contract specified a fixed monthly payment (e.g., CAD 8,000) but actual payments were irregular — split into multiple payments ranging from small to large amounts — this was found difficult to recognize as wages (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630; Seoul High Court, Judgment of Sept. 26, 2025, Case No. 2024nu67131).
- Unclear account ownership: Where the applicant failed to objectively prove that the account receiving salary payments was in their own name (Seoul High Court, Judgment of Sept. 26, 2025, Case No. 2024nu67131).
- Multiple accounts/multiple paying parties: Where payments came from both a company-named account and the representative director’s personal account, reliability was rejected as inconsistent with ordinary wage-payment practice (same case).
- Deposits predating the employment contract: Where deposits into the same account existed before the contract’s execution date, it was found difficult to prove those deposits were salary paid under the employment contract (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630).
- Dissolution of the overseas company: This fails to satisfy the requirement of being “currently employed by a foreign company,” and certificates of employment or statements prepared after the company’s dissolution were found questionable in reliability (Seoul High Court, Judgment of Sept. 26, 2025, Case No. 2024nu67131).
- A renewed passport number postdating the contract’s execution date appearing on the contract: This raises doubt as to the contract’s authenticity (same case).
- Residing in the employer’s country under a visit visa rather than a work visa: This can suggest the applicant worked there without lawful work authorization, undermining reliability as an “employee of an overseas company” (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630).
- Inconsistency with previously stated purposes of stay: Where an applicant had cited a different purpose (e.g., an exclusive contract with a domestic company) at entry or at a prior extension, and then applied for the workation visa only as the period of stay was about to expire, the genuineness of the stated purpose was found difficult to credit (same case).
3. Why Remote Work for a Korean Branch Office Does Not Qualify
A. Purpose of the Program
The core premise of F-1-D status is that the holder does not engage in employment activity within Korea. The Ministry of Justice has stated that this status is founded on the basic principles that the holder must be an employee of a foreign company with sufficient resources to support life in Korea, and may not engage in employment activity within Korea (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630).
B. Legal Reasons Why Working for a Korean Branch Is Not Recognized
A Korean branch office is a place of business located within the Republic of Korea. Working for a Korean branch — even in a physically remote arrangement — amounts to being employed at and engaging in employment activity for a place of business within Korea, and therefore fails to satisfy the F-1-D requirements for the following reasons:
- Failure to meet the “overseas company affiliation” requirement: F-1-D is for foreigners affiliated with an “overseas company.” A Korean branch is not an overseas company but a corporation or place of business established within Korea, so affiliation with it does not satisfy the “overseas company affiliation” requirement itself.
- Violation of the principle prohibiting domestic employment activity: Working for a Korean branch constitutes employment activity within Korea, directly contravening F-1-D’s basic principle that domestic employment activity is not permitted (Immigration Control Act, Art. 18(1), Art. 24(1)).
- Potential characterization as activity outside one’s status: If a person enters on F-1-D status and then works for a Korean branch, this could constitute activity outside the scope of their status, in violation of the Immigration Control Act (Immigration Control Act, Art. 18(1)).
C. Practical Caution
Where the foreign headquarters and the Korean branch are affiliates within the same corporate group, maintaining an employment contract with the foreign headquarters while performing duties for the Korean branch may still, in substance, be treated as employment activity within Korea. Courts have held that matters concerning a foreigner’s stay in Korea are essential to the exercise of national sovereignty and must be strictly managed, with greater emphasis placed on the public interest in safeguarding national interests and security (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630); accordingly, even where affiliation with an overseas company appears formally satisfied, a denial may be strictly imposed where the substance of the activity constitutes domestic employment.
4. Summary
| Category | Content |
|---|---|
| Core evidentiary documents | Employment contract, certificate of employment, salary payment records (regular, consistent amounts), income documentation, proof of work eligibility in the employer’s country |
| Keys to establishing document reliability | Regular, consistent-amount salary deposits; account in the applicant’s own name; a single paying party; deposits postdating the contract’s execution date; lawful work visa status in the employer’s country |
| Reasons Korean branch work is not recognized | (1) Fails to meet the “overseas company affiliation” requirement; (2) violates the principle prohibiting domestic employment activity |
| Possibility of relief after denial | A denial does not amount to an outright bar on entry or future visa issuance; reapplication is possible upon meeting the requirements (Seoul Administrative Court, Judgment of Oct. 25, 2024, Case No. 2024gudan57630) |
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