Today, let's look into the D9 visa, specifically D-9-1 (Point-based Trade Visa), through a case study
The client was a Mongolian woman who earned her master's degree in Korea and also received her doctoral completion certificate.
※ I will clarify this as many people often get confused. To have your degree recognized by Immigration, you must submit your diploma. Graduation certificates and completion certificates are not recognized; only the diploma is. Also, if the diploma is issued overseas, it must go through a notarized translation and must be verified by the local Korean embassy or have an apostille before it is valid in Korea. Those who have completed their doctoral courses but have not yet written or passed their thesis are recognized as having a master's degree. Our client, who had completed her doctorate in Korea, returned to Mongolia due to personal reasons and COVID-19. While in Mongolia, her D2 visa expired. Later, she received a C-3-9 visa (general tourism) from the local embassy in Mongolia and recently entered Korea. Wondering if there was any way to change her visa, she visited our office upon a friend's recommendation.
※ In most cases, if you enter Korea with a C3 visa (including short-term and tourist visas), you cannot change it to another type of visa while in Korea. There are various codes under the C3 visa, from C-3-1 to C-3-11. It's important to check the exact code of the C3 visa and to which visa type and code you want to change. You also need to check the applicant's nationality and various other circumstances. In other words, a detailed check of the applicant's situation is necessary to determine if a change from a C3 visa to another type is possible.
After a detailed consultation with the client, I suggested applying for the D-9-1 (Point System Trade Visa) as one of the alternatives. The client, who was considering starting a business, also felt it was a good option and wanted to proceed with the D-9-1 visa. ※ Given the client's situation, where there was no domestic company intending to hire her, an employment visa (E7) was challenging. The D8 visa required an investment of more than 100 million KRW, which was a significant burden for our client. However, the D-9-1 visa, which allows someone with a master's degree obtained in Korea to try business without an investment, was very advantageous for our client.
The D-9-1 visa, a Point System Trade Visa, allows you to try starting a business in Korea without investment, provided you meet the point requirements.
The most important thing is that you need a business registration certificate related to trade and a unique trade number issued by the Korea Trade Association to apply.
D-9-1 Point System Trade Visa Target and Requirements
▶ Scoring at least 60 out of a total of 160 points, with at least 10 points in mandatory items.
▶ Approval requirements
-Must have completed business registration under the applicant's name.
-Must not have violated the Immigration Control Act within the last 3 years from the application date.
D-9-1 Point System Trade Visa Point Table
◆ Score requirements: At least 60 out of 160 points with at least 10 points in mandatory items.
※ The initial stay period is 1 year.
◆ If there are multiple foreign representatives with the same qualifications, the score is divided by the number of representatives.
A. Mandatory items: Maximum 65 points
◆ Trade Performance (average over the last 2 years): Maximum 30 points
<Note>: Duplication between items is not allowed (only the highest score can be applied)
◆ Trade Expertise: Maximum 35 points
<Note>:Only for the applicable person for Ⓐ, one of Ⓑ or Ⓒ can be duplicated with Ⓐ
<Legend>: Ⓐ Worked as a regular employee in the trade field in a domestic or overseas public or private institution for more than 2 years.
Ⓑ Obtained at least a bachelor's degree in a trade-related field from a domestic or overseas university<Appendix 2>.
Ⓒ Only institutions and courses recognized by the Minister of Justice are accepted<Appendix 3>
B. Optional items: Maximum 95 points
◆ Duration of stay in Korea (calculated based on the application date): Maximum 20 points
<Note>: Duplication between items is not allowed (only the highest score can be applied)
◆ Education: Maximum 20 points
<Note>: Duplication between items is not allowed (only the highest score can be applied)
◆ Additional Points: Maximum 55 points
<Note>: Duplication between items is allowed.
<Legend>: Ⓐ Studied for more than 2 years in a domestic university and obtained at least an associate's degree. Ⓑ Personal funds related to the operation of the trade business (loans, etc., are excluded).
When you look at the D-9-1 point table, you can understand the purpose and intent of the D-9-1 visa.
If you stay in Korea and obtain a degree from a domestic university, it's much easier to meet the score requirements.
If you've graduated from a university overseas, not only should your major match, but you should also have relevant experience and substantial trade achievements to meet the score requirements. Otherwise, it seems quite difficult to meet the score requirements.
Therefore, in conclusion, the D-9-1 visa can be seen as a BUSINESS visa that offers opportunities to international students who graduated from domestic universities and are interested in trade businesses.
Moreover, in practice, many international students who apply for the D-9-1 visa have not graduated from a trade department. Thus, most international students applying for the D-9-1 visa complete trade training from relevant institutions and apply for the D-9-1 visa with their completion certificates.
Like the client in this case, she completed trade training and then applied for the D9 visa with a business registration certificate and a unique trade number.
Now, let's check the point table for the extension of the D-9-1 visa
D-9-1 Point System Trade Visa Extension Score Table
◆ If there are multiple foreign representatives with the same qualifications, the score is divided by the number of representatives.
A. Points for each item applied at extension: Total 50 points
◆ Trade performance (average performance over the last 2 years based on the application date): Maximum 30 points ⇒ [Mandatory Item]
<Note>: Duplication between items is not allowed (only the highest score counts).
A recommendation letter from the head of the professional training institution is recognized only up to 4 times for the same person.
◆ Employment of Koreans (Only full-time employees employed continuously for more than 6 months from the application date): Maximum 10 points
<Note>: Duplication between items is not allowed (only the highest score counts)
◆ Tax payment performance (annual personal income tax payment): Maximum 7 points
<Note>: Based on the income tax payment certificate issued by the National Tax Service for the previous year
◆ Completion of advanced trade training: 3 points
Those who have completed an advanced course set up by a trade training institution and approved by the Ministry of Justice within one year of the application date
B. Extension criteria: Those who have at least 5 points in mandatory items and the following scores
※ If there are no points in the mandatory items, the extension is denied
◆ Criteria for the first extension (referring to the first extension after D-9-1 visa issuance or change of residence status)
<Note>: In the case of Ⓐ, mandatory item (trade performance) score must be at least 5 points. From the second extension, those with 10 points or less are notified that the extension is denied
◆ Criteria for the second extension and thereafter
We have looked at the score table for the extension criteria.
Do you understand what the D-9-1 visa extension score table considers and what purpose it has? In other words, what's emphasized for extensions?
In conclusion, if there's no sales performance, even if you have a recommendation letter from the relevant training institution, you might get a chance with a 6-month extension. But after that, if there's no sales performance, the extension is denied
The D9 visa is a trade management visa, i.e., a BUSINESS visa. If you're given a visa to run a trade business and there's no sales performance, it's just a paper company that only has a business license and does not operate. This can be interpreted as the visa application's purpose being not for business, but simply for staying in Korea. Naturally, this goes against the original intent of the D-9-1 visa, and in such cases, extensions are of course not granted
The D8 visa (foreign investment visa) is the same
Without sales performance, unless there's a legitimate and convincing reason for the lack of sales, the extension is almost impossible. In fact, it's better to think that without sales performance, the extension is tough
※ A question I sometimes receive is
"Since I don't have sales records, my D8 visa extension was denied. If I leave and reapply with a D8 visa, is it possible?"
So far, I have not seen a case where someone was denied due to a lack of sales records and then was granted the same visa upon reapplication. Logically, it makes sense...
The absence of sales records suggests that a corporation was merely established to obtain a visa. After obtaining the visa, the person might not have engaged in any business related to the corporation and might have worked elsewhere. If one reapplies for the same visa, can the sincerity of the business and the authenticity of the investment be accepted??
Therefore, when applying for a D8 or D9 visa, which are BUSINESS visas, one must think very wisely.
You need to consider whether You can generate sales through your business, even if generating sales seems challenging, do you have a tax accountant who can assist in covering this aspect? And so on.
Each aspect needs careful examination.
In reality, if you look at the sales records required by the immigration office during the extension, they are not demanding very high sales figures. It's merely a minimal sales figure to determine whether you can sustain the business while paying for office rent.
Moreover, even if sales are lacking, if there's visible effort and determination to continue the business and you can provide evidence for that, the extension can be granted.
Therefore, if you are considering a D8 or D9 business visa, I recommend that you deeply consider on the business you intend to pursue.
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