Firstly, the D-7 visa is divided into two main categories 1. D-7-1: Applicable when a foreign company dispatches foreign employees to its domestic branch. 2. D-7-2: Applicable when a Korean corporation dispatches foreign employees from its overseas branch to the domestic headquarters. ※Note: D-7-1 and D-7-2 are essentially the same. The dispatched employee must have at least one year of local experience.
D-7-1 Eligibility (Dispatching employees to the domestic branch of a foreign company)
◆ Individuals who have worked for more than one year at the headquarters, branch, or other business unit of a foreign public institution, organization, or company and are dispatched as essential professionals to affiliated companies, subsidiaries, branches, or offices in South Korea. But, excluding those eligible for D-8 (corporate investment) status. 1) Not applying the one-year working requirement for cases involving engagement in national industrial or government projects. 2) Not applying the one-year working requirement for essential professionals dispatched by foreign companies with a capital inflow record exceeding USD 500,000.
Required Documents for D-7-1 Visa Application
① Application for confirmation of visa issuance, passport, 1 Standard-sized Photo ② the reason for invitation ③ Documents proving the individual's status as essential professional. - Resume, certificate of employment, etc. ④ Employment certificate from the foreign company or equivalent. ⑤ Dispatch order ⑥ Documents proving the installation of a domestic branch - Copy of the branch or liaison office installation permit or declaration. ⑦ Documents proving the normal operation of the branch or liaison office. - Evidence of business funds or liaison office operating funds -For new establishments, an operational plan for the branch or liaison office, tax payment records, etc. ※ For non-profit liaison offices with no domestic tax obligations, substitute records for tax payment.
As examined, if the invited personnel are essential specialized workers with at least one year of work experience, they may apply for a D7 visa. The status as essential specialized personnel must be proven through documents such as a certificate of work experience (employment certificate) and a dispatch order.
Types of Essential Professional Personnel
1.EXECUTIVE - Exercises primary supervision of organizational management within the organization, holds extensive decision-making authority, and serves as the top executive of the company receiving general directives/supervision from the board of directors and shareholders.
(Executives cannot directly perform tasks related to the actual provision of services or the organization's service.) 2.SENIOR MANAGER - Holds responsibility for establishing and implementing goals and policies at the corporate or departmental level, with authority over planning, direction, and discretion in employment, dismissal, or recommendation of employment matters for other supervisory, professional, or managerial employees.
(Excludes frontline supervisors who are not supervising service providers and individuals directly involved in service provision.) 3.SPECIALIST - Individuals possessing essential, highly specialized, and exclusive experience and knowledge in research, design, technology, management, etc., necessary for the company's services.
Differences between D7 Visa and D8 Visa
The D8 visa is available for foreign corporations or individuals who establish a new corporation in Korea following a foreign investment report and invest at least KRW 100 million in foreign capital. Alternatively, it applies to investments of at least KRW 100 million in already established domestic corporations or sole proprietorships operated by Korean nationals. Despite possessing a Foreign-Invested Enterprise Registration Certificate, such entities are considered domestic corporations and are subject to tax obligations on all income, both domestic and foreign.
※ When investing in a sole proprietorship operated by a Korean national, the investor must own at least 10% of the total shares in the enterprise. Additionally, the investor must be listed as a co-representative on the business registration certificate with the Korean national, whose business capital must also be at least KRW 100 million.
In contrast, the D7 visa is intended for situations where a foreign corporation registers a branch office in Korea, sets up a branch (place of business) or liaison office, and dispatches employees from the headquarters, branch, or affiliated companies. (The D8 visa also permits employee dispatch under certain conditions.) Therefore, the D7 visa applies to foreign corporations with headquarters overseas, which are subject to tax obligations only on income sourced from Korea.
Unlike the D8 visa, the D7 visa does not require a fixed minimum investment amount, but evidence of operating capital introduction is necessary. For new branches, an operational plan (business plan) must be prepared. (A business plan is also required for newly established corporations under the D8 visa.)
※ If the purpose is to conduct business activities that generate revenue, a branch must be established. If the purpose is limited to market research, communication, or R&D without engaging in business activities, a liaison office can be established.
D-7-2 Eligibility (Dispatching employees from an overseas branch to the domestic headquarters of a Korean corporation)
◆ Individuals who have worked for more than one year at the overseas local corporation or branch established by a listed corporation (including KOSDAQ) or a public institution, and are dispatched to the domestic headquarters to provide or to be provided specialized knowledge, technology, or functions. -Excluding cases where the investment or operating funds of the overseas local corporation or branch of a listed corporation is less than USD 500,000. 1. Must be a listed corporation. If not, the criteria do not apply
2.Must be an employee of the overseas local corporation or branch Employees of liaison offices are not eligible for dispatch 3. The headquarters must invest $500,000 or more, or provide operating funds ※ Public institutions are exempt from the investment requirement
D-7-2 Requirements for Dispatched Employees
※All the following conditions must be met
･ Worked for more than one year at the overseas branch
･ Possess specialized knowledge, technology, or functions
･ Principally, hold a position at the level of manager or senior researcher
･ Intend to work as a professional employee at the headquarters.
Have more than one year of experience as a professional employee at the overseas branch.
Required Documents for D-7-2 Visa Application
① Application for confirmation of visa issuance, passport, 1 Standard-sized Photo② the reason for invitation ③ Documents proving the individual's status as an essential professional.
(Resume, certificate of employment, etc) ④ Certificate of all registered matters of the headquarters ⑤ Overseas direct investment report or overseas branch installation report. ⑥ Confirmation of overseas remittance. ⑦Certificate of all registered matters of the overseas local corporation or branch(Business registration or business registration certificate) ⑧ Proof of tax payment for the headquarters ⑨ Personnel order (dispatch order): Must specify the duration of the dispatch
