Foreign students with D2 and D10 visas who have a history of illegal employment (and have paid fines exceeding 2 million won) now have hope.
Until now, foreign students with D2 and D10 visas who were caught for illegal employment and had paid fines exceeding 2 million won within three years of the application date could not change their status from D2 to D10, nor could they extend their D10 visas.
Therefore, if changing to an E7 visa or another visa (such as D8, D9) was not possible, they had to either continue studying for a master's or doctorate degree to maintain their D2 status, return to their home country, or reluctantly choose to stay illegally.
Let's get straight to the announced changes below.
Notification of changes to D-10 Korean language proficiency standards and restrictions for law violators
▶ From May 20, 2024 (Monday), the standards for recognizing Korean language proficiency for job seekers (D-10) and the criteria for restricting D-10 qualifications for law violators will be changed as follows.
1. Changes to the Korean language proficiency recognition criteria for the D-10 point system
▶ (Validity period of Korean language proficiency documents) Due to frequent cases of forgery and alteration of expired TOPIK score certificates, only documents within the validity period will be recognized.
▶ (Pre-assessment of the Social Integration Program) Not only completion of each stage of the Social Integration Program but also pre-assessment scores will be recognized as Korean language proficiency.
<Current>
TOPIK or Social Integration Program (KIIP)
Level 2/Stage 2 | Level 3/Stage 3 | Level 4/Stage 4 | Level 5/Stage 5 or higher |
5 | 10 | 15 | 20 |
※ TOPIK official score report (only valid within the validity period, but domestic graduates are recognized even if the period has passed), official completion certificate or stage confirmation of the Social Integration Program (KIIP)
<Changes>
Korean language proficiency criteria | Supporting documents |
① Completion of Stage 5 of the Social Integration Program or passing the comprehensive evaluation / TOPIK Level 5 or higher Points: 20 | - Social Integration Program Completion Certificate (Korean Immigration Permanent Residency Qualification Course) - Social Integration Program Completion Certificate (Korean Immigration Naturalization Qualification Course) - Certificate of passing the Korean Immigration Permanent Residency Qualification Exam (KIPRAT) - Certificate of passing the Korean Immigration Naturalization Qualification Exam (KINAT) - TOPIK score certificate (including TOPIK IBT score certificate) |
② Completion of Stage 4 of the Social Integration Program or passing the mid-term evaluation, pre-assessment score of 81 or higher / TOPIK Level 4 or higher Points: 15 | - The documents mentioned in ① - Social Integration Program Education Confirmation (must state completion of Stage 4 or higher) - Certificate of passing the Korean Language and Korean Culture Exam of the Social Integration Program (KLCT) (※ Mid-term evaluation pass certificate) - Social Integration Program Evaluation Score Certificate (must state pre-assessment score) |
③ Completion of Stage 3 of the Social Integration Program or pre-assessment score of 61 or higher / TOPIK Level 3 or higher Points: 10 | - The documents mentioned in ① or ② - Social Integration Program Education Confirmation (must state completion of Stage 3 or higher) - Social Integration Program Evaluation Score Certificate (must state pre-assessment score) |
④ Completion of Stage 2 of the Social Integration Program or pre-assessment score of 41 or higher / TOPIK Level 2 or higher Points: 5 | - The documents mentioned in ①, ②, or ③ - Social Integration Program Education Confirmation (must state completion of Stage 2 or higher) - Social Integration Program Evaluation Score Certificate (must state pre-assessment score) |
※ Completion of each stage of the Social Integration Program and passing the mid-term and comprehensive evaluations are recognized without a validity period, but pre-assessment results are valid for 2 years from the announcement date, and TOPIK certificates are recognized until the expiration date stated on the certificate (2 years).
2. Changes to the point reduction items for law violators in the D-10 point system
▶ To prevent cases where law violations are counted even if the punishment is exempted, the criteria have been changed to the total amount of fines.
<Current>
<Reference>: The total score (㉠+㉡) is applied.
<Legend>: ㉠ Only violations within 5 years from the application date are counted, regardless of whether punishment was imposed, and all confirmed violations are included (excluding fines), and applicants with more than 4 violations are restricted. ㉡ Only violations within 5 years are counted.
<Changes>
- Based on the total amount of fines within 5 years from the application date (excluding fines), the total score of items ㉠ and ㉡ is applied (overlapping calculations).
-【Note】 Applicants who have received fines within 3 years from the application date that result in residence permit restrictions according to the "Unified Criteria for Residence Permit Restrictions" or who have been sentenced to fines of 3 million won or more within 3 years are subject to qualification restrictions.
3. Changes to the qualification restriction criteria for law violators applying for the D-10 job-seeking visa
▶ The criteria have been improved considering fairness with other residence statuses.
<Current>
within the last 3 years ① Applicants who received an exit order for violating the Immigration Control Act, ② or who paid fines exceeding 2 million won, are restricted.
<Changes>
Restrictions apply to those who violated domestic laws and fall under any of the following conditions
① Those who were sentenced to imprisonment or higher within 5 years from the application date
② Those who were forcibly removed or ordered to leave for violating the Immigration Control Act within 5 years from the application date
③ Those who were sentenced to fines of 3 million won or more for violating domestic laws within 3 years from the application date
④ Those who received fines for violating the Immigration Control Act within 3 years from the application date and whose residence permit is restricted according to the "Unified Criteria for Residence Permit Restrictions"
<Interpretation>
Regarding the restriction criteria for the D-10 visa,
③ Those who were sentenced to fines of 3 million won or more for violating domestic laws within 3 years from the application date, and
④ Those who received fines for violating the Immigration Control Act within 3 years from the application date and whose residence permit is restricted according to the 'Unified Criteria for Residence Permit Restrictions.
The fines of 3 million won or more in ③ refer to fines related to criminal penalties under domestic law. Therefore, fines received for violating the Immigration Control Act are not included in this category.
The residence permit restrictions mentioned in ④ refer to those who received fines of 5 million won or more for violating the Immigration Control Act. These individuals face residence permit restrictions. Therefore, if you received fines of 5 million won or more within 3 years for violating the Immigration Control Act, unless there are humanitarian reasons considered, any other visa application (except for the F6 marriage visa) may be restricted for change/extension.
