"Not long ago, two students holding D10 job-seeking visas were caught working without reporting their internship (intern) and received a summons from the Immigration Office's criminal department, coming to me for help.
Along with the clients, we prepared a letter of reflection and accompanied them to the Immigration Office's criminal department. Fortunately, since the period of employment was short and they did not report within that period, they only had to pay a fine for that duration and there were no additional actions taken.
If the period of employment had been longer, or if they had worked in a job type with employment restrictions, or if the degree of violation was more severe, I believe that beyond a fine, more severe sanctions under the Immigration Control Law, such as a larger fine or a criminal fine, would have been imposed.
To work with a D10 visa, you must either receive part-time work permission from the jurisdictional immigration office or report for training (internship). This is necessary to avoid disadvantages.
Please check the following for part-time work activities with a D10 visa↓, and today, let's learn about reporting internships (intern) with a D10 visa.
D10 Visa Internship (Intern) Reporting Targets
◆ Foreigners who have completed foreigner registration as general job-seekers (D-10-1) and who start an internship in a field corresponding to Professor (E-1) - Specific Activities (E-7), or who want to change their affiliated institution*
◆ Even if they have not registered as a foreigner, they should report if a reporting reason occurs within the foreigner registration obligation period (within 90 days from the date of entry) (considering legislative intent)
※ Those who possess a technology startup (D-10-2) qualification and professionals (E-1~E-7) with employment experience who have received permission to change to job-seeking (D-10-1) residency qualification cannot undertake intern activities
D10 Visa Internship (Intern) Reporting Examination Standards
ㅇ (Start of Training Reporting) - Report to the chief of the jurisdictional office, etc., within 15 days from the date of the occurrence of the reason
ㅇ (Training Period) - Allowed within a maximum of 1 year during the period of holding job-seeking qualifications
(However, activities in the same company/organization for more than 6 months are not allowed, and the relevant job must meet the required qualifications)
ㅇ (Training Allowance) - Must be paid appropriately according to the employment contract at a level above the minimum wage based on the hourly wage
ㅇ (Training Field) - Jobs corresponding to E-1- E-7. Simple part-time work, etc., is excluded from the target
ㅇ (Training Institution) - Allowed only for companies and institutions that meet the requirements to employ E-1- E-7
ㅇ (Working Hours)
- The standard for intern activities is applied according to the current Labor Law, so it is within 8 hours per day and 40 hours per week - If a foreigner with job-seeking qualifications (D-10) conducts training as an intern in the absence of separate regulations, the Ministry of Employment and Labor's [Guidelines for Determining and Protecting the Legal Status of Work Experience Trainees] is applied ○ (Change of Training Institution) - When an intern, etc., is hired by a company, etc., and starts training or changes the training institution during the job-seeking period
(Including name changes) -In cases where a contract has been concluded to work as an intern (training, probationary) employee for a period of 1 month to less than 6 months and receive a certain training allowance (short-term work for testing whether to hire an intern is excluded)
D10 Visa Internship (Intern) Reporting Rejection Criteria
○ In cases where a foreigner who does not meet the requirements engages in intern activities, or a company that does not meet the requirements for hiring foreigners enters into an intern employment contract
○ Rejection of workplace reporting for workplaces that exploit training (intern) - New training is restricted for companies where the number of foreigners who have been utilized as interns and have not been connected to employment within the recent 6 months exceeds 10% of the company's regular employees (including foreigners) (20% for companies with fewer than 10 employees) - However, exceptions are made if there are personnel hired through the intern process ○ Reporting is rejected if there is a record of intern activities for a total of more than 6 months at the same company during the period of holding job-seeking qualifications
D10 Visa Internship (Intern) Reporting Required Documents
○ Foreigner Registration Change Report
○ Training (Intern) Contract
○ Training institution registration documents (copy of business registration certificate, etc.)
○ Employment Insurance Subscriber List of the training institution
○ Other documents deemed necessary for the approval of training (change) reporting
D10-3 Advanced Technology Intern Training Institution Change Report
◆ Change reporting reason and period
ㅇ (Reporting Reason) When intending to continue intern activities in the field of advanced technology by changing the affiliated company (institution)
ㅇ (Reporting Period) Within 15 days from the date of changing the affiliated company (institution)
◆ Submission Documents
○ Passport, Alien Registration Card, Foreigner Registration Change Report
○ All residency qualification change application documents are collected (excluding certificates of enrollment and transcripts)
◆ Rejection of Change Report
○ When the inviting company (institution) is restricted from hiring general job-seeking (D-10-1) interns or employing professional category (E series) foreigners
○ When an intern labor contract is concluded with a company (institution) that does not meet the requirements for inviting advanced technology interns
○ When the number of advanced technology intern invitees exceeds 20% of the national employment personnel of the prospective intern company (institution)
※ National employment personnel: Refers to personnel registered in the Employment Insurance Subscriber List for more than 3 months, meeting at least the minimum wage, and for venture companies, the restriction requirements for national employment are deferred for 3 years from the establishment
D10-3 Special Cases for Advanced Technology Interns
1. Those participating in advanced technology intern (D-10-3) activities
- (Support for Economic Activities) Within the period of stay, it is possible to receive a certain salary or living expenses by concluding an intern labor contract with the inviting company, or to receive separate research performance case money, etc.
※ However, the part-time work activity permit allowed under the current general job-seeking (D-10-1) residency qualification is restricted
- (Support for Study Activities) If you want to study at a domestic university regardless of nationality, change to study (D-2) residency qualification is allowed with just a standard admission permit
2. Those who have participated in advanced technology intern (D-10-3) activities within the last 3 years
(Employment Support) For those who have interned for more than 1 year in domestic companies, etc., with advanced technology intern (D-10-3) qualifications, and who formally employ in the intern activity field, and whose salary is above the Gross National Income (GNI) per capita of the previous year, educational and career requirements are exempted when changing to specific activities (E-7) residency qualification
- (Startup Support) For those who have interned for more than 1 year in domestic companies with advanced technology intern (D-10-3) qualifications, when hoping for a technology startup in the intern activity field, points (research experience 15 points) are awarded for the technology startup (D-8-4) point system