SOUTHERN KOREA: Stricter Policy for Prohibited Stay

December 17, 2019

The Korean National Assembly is debating tougher penalties when it comes to companies of illegal residents. For the people voluntarily reporting illegal residence by 28 February 2020, charges would be paid off or exempted.

Penalty Increases

Unlawful residents are susceptible to fines ranging from KRW 1,000,000 for unlawful stays of significantly less than one to KRW 20,000,000 for illegal stays of three years or more month.

The utmost penalty for companies of unlawful residents is KRW 20,000,000 OR three years’ imprisonment. The proposed amendment currently under discussion would increase this to KRW 50,000,000 AND 5 years of imprisonment.

Voluntary Reporting for Prohibited Residents

For unlawful residents who voluntarily report their domestic status by 28 February 2020 and therefore are planned to leave the nation by 30 June 2020:

• The penalty charge will be exempted.
• A “Certificate of Voluntary Departure” would be given, letting them re-apply for the visa that is korean the long term. On reapplying, they’ll be given a single-entry visa that is c3 a maximum stay of 3 months. Then leave the country within 90 days, and without committing any illegal activities, they may qualify for multiple entries and a longer duration of stay the next time they apply for a visa if they.
• They will be permitted to submit an application for TOPIK (Test of Proficiency in Korean). They will be allowed to apply for an E9 visa (for workers from certain countries only) if they obtain level 2 or above,.

For illegal residents who voluntarily report their status that is residential by February 2020 but are planned to go out of the nation after 30 June 2020; OR

For unlawful residents that do perhaps maybe not voluntarily report their unlawful residential status by 28 February 2020 and therefore are caught by federal government research after 2 March 2020:

• The penalty charge will be imposed and also the breach duration is going to be determined from 1 March 2020.
• Whether they voluntarily reported their domestic status, any international national whom paid a penalty charge for unlawful residence should be banned from re-entry to Southern Korea for between 6 months and another 12 months.
• People who do not spend the penalty charge in complete is supposed to be completely forbidden from entering Southern Korea.

Voluntary Reporting for Companies

Production industry

• The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
• For employers whom report in those times, the penalty cost may be exempted and their illegally-resident workers should be permitted to remain for three more months through the reporting date.

Agriculture and fishing industry

• The reporting that is voluntary will operate between 11 December 2019 and 15 January 2020.
• The penalty fee will be exempted and their illegally-resident employees will have legal opportunities for seasonal work for employers who report within this period. a brand new visa type for regular workers (E8) is under discussion during the Ministry of Justice.

Tiny and medium-sized companies under the Employment Permit System (EPS)

• The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
• For companies whom report inside this duration, 30% associated with penalty charge will be imposed. Nevertheless, if they’re caught by federal government investigation with no reported, 100% of this fee may be imposed and they will be banned from hiring international nationals for at the very least 36 months. The penalty charge shall be determined by immigration officers in line with the amount of the time scale of breach.
• For unlawful residents reported by their employers inside this duration, 30% for the penalty charge may be imposed, and they’re going to be permitted to just work at the sponsoring business until their visa that is e9 expires. Them to find another job if they prefer to work elsewhere, the Ministry of Employment and Labor will help. However, if they’re caught by federal government research with out reported, 100% for the penalty charge is going to be imposed and also a forced departure purchase.

Case Studies

Case 1

A D8 visa holder sponsored by company A, inadvertently missed the expansion due date with their Alien Registration Card (ARC).

• A penalty cost will be imposed. The time of breach will soon be determined through the after the ARC expiry date day.
• Then the ARC holder will be exempted from the ban on re-entry if the immigration officer finds that the application deadline was missed by mistake.
• All of the needed documents must be prepared and, more to the point, both ARC owner and company must not have any appropriate violations and unpaid fees.
• There’s absolutely no big modification when compared to current policy.

Instance 2

An D8 visa holder sponsored by business a has also been working at business B, that is within the exact same group as company A.

The visa owner happens to be paid from both entities but his D8 visa was sponsored by business A only, while the ongoing work on business B was not reported to your immigration office.

• A penalty charge is supposed to be imposed for the ARC owner and company B.
• The time scale of violation shall be determined through the date the visa holder received re re payments from business B, which can be found via their withholding tax certificates.
• The re-entry ban (for half a year to at least one year) will be different from situation to instance, in the discernment of immigration officers, however it is most likely that to be reproduced more often than not. The likelihood of a re-entry ban in such cases is just a policy that is new.
• The D8 visa holder and their 2nd workplace need to show it was a straightforward blunder and never deliberate income tax avoidance.

Situation 3

An E9 visa owner has completed just work at the visa sponsor company (company A). The E9 visa has validity that is remaining additionally the owner has acquired an innovative new work at an alternative business (company B) be effective before the E9 expiration date.

• Irrespective of visa type, working at a non-sponsoring business is unlawful as well as the Korean government will impose the stiffest laws in such cases.
• A penalty cost for both employee and employer is supposed to be determined from the date the visa owner began work on business B.
• Year the visa holder will also receive a departure order and will be banned from re-entry to South Korea for between six months and one. In the event that penalty is certainly not compensated, the ban will be permanent.

Companies whom can be impacted are encouraged to contact a Newland Chase immigration consultant for case-specific advice.

For basic information and advice on immigration and business happen to be Southern Korea, please contact us.