Recently, a request came in from a company located in Seoul (foreign investment corporation) where I am handling visa affairs for employees, asking to invite one more foreign employee, and it was granted a few days ago without any issues. Of course, being a foreign investment corporation doesn't mean you can invite dispatched employees without any conditions. Let's take a look at who can be invited (invitee) and what are the requirements for the inviting company (inviter).
D8 Visa Dispatched Employee Eligibility
Firstly, the target for inviting as a dispatched employee must be an employee of the head office or its subsidiary that has established a branch (foreign investment corporation) in Korea. This is because it is literally a 'dispatch'. A dispatch order is necessary to invite (confirmation of visa issuance application), and it is not possible to write a dispatch order to send an employee from another company that has no relation whatsoever to the branch in Korea. Moreover, the dispatch order must clearly state the name of the company (head office or other overseas subsidiary) dispatching. Additionally, the relationship between the domestic branch (foreign investment corporation) and the dispatching company (proving it's the same or a subsidiary company) must be evidenced through the head office's subsidiary list, etc. This is the biggest difference from the E7 visa, which requires a labor contract between both the company (domestic branch) and the invitee (foreign employee) as a condition for inviting foreign employees.
※ For the E7 visa, a labor contract signed by both parties must be attached when inviting (applying for visa issuance approval) a foreign employee.
D8 Visa Inviting Company (Domestic Branch Foreign Investment Corporation) Dispatched Employee Invitation Requirements
Now, let's look at the invitation requirements for the inviting company (domestic branch foreign investment corporation). Naturally, not just any employee from the head office or subsidiary can be invited as a dispatched employee without restrictions. The number of dispatched employees that can be invited is determined based on the following conditions Firstly, it's one person per 100 million won of foreign investment amount stated on the foreign investment corporation registration certificate. For example, if the investment amount is 300 million won, besides the foreign corporate representative who would have initially entered Korea on a D8 visa, two more dispatched employees could potentially be invited on a D8 visa. And, ① One person per 100 million won of annual tax payment,
② One person per 1 billion won of annual sales,
③ One person per three Korean nationals employed for at least six months,
④ One person per 1 billion won of domestic facility investment
are standards for inviting additional D8 dispatched employees. (Items can overlap)
※ This is discussing the basic application requirements. Fulfilling these requirements does not guarantee visa issuance. The operation status of the domestic branch (foreign investment corporation) (confirmed through sales performance, tax payment records, etc.) and the condition of the invitee (dispatched employee) (expertise, etc.) are comprehensively reviewed, and the approval decision can vary based on these factors.
D8 Visa Dispatched Employee Visa Extension
Firstly, D8 visas require sales performance for extension. This applies equally to both dispatched employees and foreign corporate representatives holding a D8 visa.
A D8 visa is both a foreign investment visa and simultaneously a BUSINESS VISA. That is, it's a visa given to a corporation, assuming that it will conduct business. If a corporation doesn't work and has no sales, it could be interpreted that the initial application for a D8 visa wasn't for business purposes but merely for the purpose of staying. ※ Of course, not having sales does not automatically mean extension will be denied. There may be a long-term business plan in place, and it might not yet be the stage to generate sales, and depending on the situation and stage each company is in, there may not be sales. In such cases, submitting documents that can prove these situations along with evidence of the intention to do business can possibly lead to an extension.
Dispatched Employee Visa Extensions
Typically, when a D8 visa is initially granted for dispatch (invitation), whether the dispatch period is one year, three years, or five years, usually a one-year stay period is granted. After that, the extension period is determined based on the size of the domestic branch (foreign investment corporation), its operation status (confirmed through sales performance, tax payment records, etc.), the expertise of the dispatched employee, and wage level, among other factors. However, as a principle, even if the company is sound and the dispatched employee is a professional, an extension period exceeding the dispatch period stated in the dispatch order is not granted. For example, even if a reputable foreign-invested corporation invites a manager-level professional with a considerable salary, if the dispatch period on the dispatch order is 6 months, a period of 6 months is granted. (Usually, about 1 month more is given considering the time to settle and leave after the dispatch ends)
This applies equally at the time of the initial D8 application and extension.
Hold on a moment! Could the dispatched employee's salary be an issue at the time of extension?
When extending the visa for foreign employees dispatched on a D8 visa, documents proving the applicant's income, such as the employee's income certificate or withholding statement for wage and salary income, are submitted. But what if that income is, by any common sense, too low? If it doesn't even meet the minimum wage requirement, or if it barely meets it with difficulty? There could be a problem at the time of extension.
Lastly, please check the required documents for inviting dispatched employees on a D8 visa through the link below.
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