Today, we will examine the cases where foreign illegal residents can come back to Korea after being caught.
If one is caught living as an illegal resident and not voluntarily leaving the country, in reality, it is not easy to re-enter Korea.
When illegal residents are caught, they generally face three types of penalties
1. Fines
- Fines of up to 30 million won are imposed, depending on the duration of illegal stay, and this information is also reported to their home country.
2. Entry ban
- A ban on re-entry into South Korea is imposed for a certain period, with the maximum ban lasting up to 10 years.
3. Penalty
- After the entry ban period is over, if they return to Korea or apply for various visas or permanent residency, they may face penalties due to their previous illegal stay record.
So, under what circumstances can they return to Korea?
The status of the illegal foreign resident has the most significant impact on whether they can return to Korea or not.
1.In case of marriage to a Korean citizen
By marrying a Korean citizen and obtaining a marriage immigrant (F-6) visa, they can be granted permission to stay on humanitarian grounds.
2.In case of overseas Korean status
South Korea's immigration policy provides preferential treatment and benefits to overseas Koreans who have Korean ancestry, compared to pure foreigners who do not have any Korean blood.
Therefore, if they have Korean grandparents or blood relatives, they can apply for an F-4 overseas Korean visa or a C-3-8 short-term stay visa for ethnic Koreans.
If they are not overseas Koreans but pure foreigners and do not marry a South Korean citizen, it is difficult to obtain a visa and return to Korea even after the entry ban period has passed.
If you are currently an illegal resident but have not been caught, what should you do?
As we have seen above, the cases in which you can return to Korea are extremely limited. Therefore, if you are staying in South Korea as an illegal resident but have not been caught yet, you should voluntarily report your illegal stay to receive reduced fines and exemptions from entry bans.
If you have already been caught and detained at a foreigner protection facility or are facing forced deportation, there is no way to avoid the penalties. You can only apply for a visa after complying with all the penalties mentioned above.
The difference between voluntarily reporting and leaving the country and being caught and deported is enormous.
Procedures for illegal residents when they are caught
Procedures for illegal residents when they are caught
Whether caught through reporting or random inspection, once caught, illegal residents are first detained in a foreigner protection facility, similar to a detention center in Korea.
Here, they will be investigated for a few days and receive a forced deportation order. Additionally, they will be subject to entry bans and fines. They must then leave for their home country.
If you meet the requirements to apply for an F-6 or F-4 visa, you should start preparing for the visa application a few months before the entry ban period ends.
Being caught as an illegal resident essentially means being caught as a lawbreaker. So, when caught, they will be handcuffed.
Naturally, the examination for re-entry will be much stricter and more stringent than when first entering the country. However, this does not mean they can never return to Korea. If they qualify for an F-6 or F-4 visa and pass the examination, they can return to Korea once the visa is issued.