I'm currently involved in inviting 14 technical trainees on a D3 visa at the request of a domestic company listed on the KOSPI.
Additionally, D4 visas are not only for language training but can also invite employees from overseas subsidiaries as trainees.
There's often confusion regarding whether to invite trainees on a D3 visa or a D4 visa. Let's first look at the targets specified in the guidelines and then I'll discuss the practical standards.
※ There are many types of D4 visas (Korean language training, trainees at research institutions, foreign students in high school or lower, etc.)
Today, I'll only discuss cases where companies invite trainees.
↓ Below are the targets for D3 and D4 visas according to the guidelines.
D3 Technical Training Targets | D4 General Training Targets |
- Individuals who wish to receive training from an industrial entity that has directly invested overseas in accordance with the Foreign Exchange Transactions Act - Individuals who wish to receive training from an industrial entity exporting technology overseas and recognized by the Minister of Justice as needing technical training - Individuals who wish to receive training from an industrial entity exporting industrial facilities overseas in accordance with the Foreign Trade Act | - Interns (trainees) from foreign investment companies or companies that have invested overseas, who wish to receive education or training or engage in research activities |
Let's now discuss how D3 and D4 visas are distinguished in practice. It's simple.
- The D3 technical training visa is applicable when the Korean head office has set up an overseas branch (local corporation) and invites employees working there (for over 3 months) as trainees, especially when the training location involves production facilities (factories).
- On the other hand, the D4 visa typically applies to domestic foreign-invested corporations inviting foreign employees from the same group for training purposes, particularly when the training location is not a production facility (factory) but for office jobs, etc. For example, like the case I handled where 000 Korea invited an employee from 000 Singapore for training.
※ While foreign-invested companies also qualify, there are not many such cases, so I'll omit these.
Another difference I've noticed in practice is the nationality of the invitees.
D3 visas apply to the head office in Korea setting up a local corporation, usually involving production facilities (factories), and the country where the local corporation is established often falls into one of the 21 countries designated by the Ministry of Justice as having a high incidence of illegal stay, predominantly from Southeast Asia and other regions. The purpose may include training, but there's also a clear intention for workforce supplementation at domestic production facilities. Hence, there are often cases where invited trainees abscond, leading to extremely stringent requirements for D3 visas.
The target qualifications and basic submission documents for the D3 visa can be found below↓
In contrast, the D4 visa primarily involves domestic foreign-invested corporations inviting employees from the same group for training purposes, with the invitees' countries often being developed nations such as Europe and Japan. Additionally, the invitees are not employees who work or will work in production facilities (factories), and cases of unauthorized departure are almost non-existent.
※ From my experience, trainees under the D4 visa genuinely require training, hence are sent by the head office for corporate-level training.
Therefore, much more lenient requirements apply to the D4 visa, although not many qualify for this category.
The target qualifications and basic submission documents for the D4 visa can also be found below↓
You cannot simply prepare the documents listed in the guidelines for the D3 visa and apply directly to the immigration office.
Before applying for a visa, you must first discuss with the visa officer at the relevant immigration office. If they say the application is possible, then you should prepare the documents.
This is because there are many cases where, despite preparing the documents with consular verification, the application is denied, leading to complications.
Moreover, the immigration office may request documents for a preliminary review before preparing the main documents, which vary depending on the situation of each company.
※ Even if it's possible, the required documents may differ across immigration offices, so it's essential to first discuss with the officer before preparing documents.
※ Even if you inquire at 1345 about the submission documents, they only guide you on the basic submission documents. For D3 cases, they advise you to discuss with the immigration office officer and prepare documents accordingly.
Actual Case
In the case I'm currently handling, company A, the Korean head office, intended to invite employees from its local subsidiary, company B, as technical trainees. However, since company A had separated its production functions into several subsidiaries and had no production facilities itself, the training had to be conducted at subsidiary C. Below↓ is content from the guidelines.
Guidelines for Confirmation of Issuing Visa and Management for Technical Trainees of Overseas Investment Companies Article 9 (Confirmation of Issuance Visa) ② The head of the immigration office with jurisdiction over the address can allow training within the same industry subsidiary, a particular affiliate, or a specific group company (defined in the D-7 visa issuance guideline) if the parent company lacks production facilities but technical training for the operation of the local corporation is deemed essential. 41) According to the visa issuance manual, the concept of a specific affiliate company is defined as follows A specific affiliate company refers to ① When a parent company (C) has a subsidiary (A) abroad and another subsidiary (B) domestically, company A and company B are considered affiliates of each other, and
② When employees of a company (C) located overseas own stocks or have made investments exceeding 50% of the total stock or investment amount in two other companies (A, B), companies A and B are also considered affiliates of each other.
To conduct training not at company A but at affiliate C, company A must own more than 50% of C's shares.
I requested from the officer documents for a preliminary review, including official proof of A's subsidiaries and shareholding in affiliate C.
Company A, being a KOSPI-listed company required to disclose information, provided A's consolidated financial statements, annual report, and changes in shareholding of company C obtained from the Financial Supervisory Service's electronic disclosure system.
A problem arose during document review because company A owned only 44% of C's shares, with companies D and E holding 30% and 26%, respectively.
However, D and E were also subsidiaries of A, with A owning 94% and 24% of their shares, respectively.
I argued that effectively, this amounted to owning more than 50% of the shares, and the immigration office accepted this, granting permission for the D3 visa application.
Below are the documents requested by a particular immigration office for inviting technical trainees on a D3 visa.
As mentioned, although the basic documents for a D3 technical training visa may be similar, there can be differences across immigration offices, so it's crucial to confirm eligibility before preparing documents.
D3 Visa Submission Documents (Inviting Technical Trainees)
1.Domestic Corporation
① Business registration certificate and corporate registry certificate
② Factory establishment documents
③ Details of employees covered by employment insurance - If there are foreign nationals among the insured, submit including their alien registration number - Only insured individuals are recognized as regular employees, and the allowable number of technical trainees is capped at 8% of regular employees, rounding down any fractions ④ Payment records (latest year) and tax certification (national and local taxes)
⑤ Value-added tax standard proof document - If applying in the first quarter, submit only the documents for the previous year; if in the second quarter, submit documents for the previous year and the first quarter; if in the third quarter, submit documents for the first and second quarters; and if in the fourth quarter, submit documents for the first to third quarters. ⑥ Overseas investment report and remittance receipt
⑦ Financial statements - Indicate the account items containing overseas investment funds and attach the detailed account book for those items ⑧ Training plan to verify the content of training
⑨ Letter of invitation (detailing the necessity)
⑩ Documents (photos, etc.) to verify the training and accommodation facilities
⑪ If there were previous trainees, 'training diary' and 'allowance payment records'
2. Local Corporation
※ English or Korean translation is required for documents issued overseas
① Local corporation registration certificate (or establishment authorization) and overseas investment company certificate ※ Consular verification or Apostille required
② Local corporation factory establishment documents and lease contract
③ Sales-related certification documents and financial statements
④ Recent 3-month utility bill payment documents (electricity, water, phone bills, etc.)
3. Trainees (age 18 to 40)
※ English or Korean translation is required for documents issued overseas
① Visa issuance application form (with photo attached)
② Passport copy, local corporation employment certification
※ Employment certification from the local corporation requires consular verification or Apostille
③ Recent 3-month salary payment details, social insurance enrollment details, guarantee letter
④ Korean language requirement documentation (choose one from ㉠,㉡) ㉠ TOPIK level 2 or higher, or completion of at least beginner level (level 2) at Sejong Hakdang
㉡ Bachelor's degree or higher obtained from a university in Korea
㉢ Pledge for Korean language education and interpreter proof documents ※ Employment certification for the interpreter, ID copy, TOPIK level 4 for foreigners or completion of at least level 4 of the social integration program, and for Koreans, a certificate of proficiency in the relevant foreign language (intermediate or higher)
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