Today, let's take a look at the newly revised F-2-7 Highly Skilled Foreign Professional Points-based Residency Visa (as of August 2022) and see how each aspect has been changed. One of the most significant features is the removal of the simple labor employment restriction regulation. However, this doesn't mean that employment in the "strange fields" (restricted employment areas) is automatically allowed. While the guidelines for immigration and entry change quickly, I always think that one must stay attentive and respond quickly to cope effectively.
Now, let's explore what changes have been made
Eligibility Criteria
1) Employees of Listed Corporations
① Foreigners employed by corporations listed on the domestic stock market (KOSPI) or KOSDAQ or foreigners who have signed an employment contract and are confirmed to be employed.
② Foreigners working in job categories related to "managers, professionals, and related professionals" as per the Korean Standard Classification of Occupations, or foreigners who have signed an employment contract and are confirmed to be employed.
2) Employees in Promising Industries
① Foreigners working in fields such as IT, technology management, nano, digital electronics, bio transportation and machinery, new materials, environment, and energy, as defined in the Ministry of Trade, Industry and Energy Notice No. 2000-40 dated March 31, 2000, or foreigners who have signed an employment contract and are confirmed to be employed.
② Foreigners with a previous year's income exceeding 1.5 times the per-capita GNI of Korea as stated in the Income Certificate (for applicants who have signed an employment contract, the annual salary stated in the employment contract will be considered).
3) Professionals
① Foreigners with residency status ranging from Professor (E-1) to Skilled Worker (E-7-1), Press(D-5) and trade management(D-9)
※ excluding Hotel and Entertainment Industry Workers (E-6-2), Semi-skilled and General Skilled Workers (E-7-2 to E-7-4).
② Foreigners who have continuously held one of the above-mentioned professional residency statuses for 3 years or more and meet the extension requirements based on their current residency status.
③ However, the 3-year residency requirement is exempt for those who fall under either of the following
㉠ Annual income stated in the Income Certificate exceeds 40 million KRW.
㉡ Individuals recognized as participants in the government-supported overseas talent attraction programs in the field of engineering by the Ministry of Justice, with recommendations from central government agencies.
4) Study Abroad Graduates
① Foreign nationals with legal residence who have obtained a master's degree or higher from a regular course in South Korea (holding a Study Abroad (D-2) visa is not required). They must have obtained the degree within 5 years from the date of degree attainment and are employed or planning to be employed in job categories eligible for residence status from Professor (E-1) to Professional (E-7-1), or from Correspondent (D-5) to Trade Management (D-9).
※ Excluded: Workers in hotels, tourism, and entertainment businesses (E-6-2), semi-professionals, general workers, and skilled workers (E-7-2 to E-7-4).
② Foreigners recognized as excellent personnel from countries that participated in the Korean War, who have obtained a regular bachelor's degree or higher and have received recommendations from the head of a central government agency.
- Nationals of countries that participated in the Korean War (20 points) and government-recommended individuals (20 points) can receive a maximum of 40 points. Even if employment is not confirmed, a uniform 3-year residency period will be granted when changing residency status.
- For subsequent extensions of residency, 20 points (Korean War veterans) will be granted, but applicants must meet the point and extension criteria.
5) Potential superior talent(Detailed Code: F-2-7S)
① Foreigners who have obtained or are expected to obtain a master's or doctoral degree from specialized universities or research institutions in engineering
- Even if they do not meet the score requirement, foreigners who have obtained a master's or doctoral degree from specialized universities or research institutions in engineering, and have received a recommendation letter from the university president, will be eligible for a residence permit change (F-2-7S, maximum 5 years of residency)
※ Individuals who have obtained degrees from graduate schools (such as Science and Technology Graduate Schools) established and operated under Article 33-2 of the Act on the Establishment, Operation, and Nurturing of Government-Funded Research Institutions in the field of science and technology are also included. Those who have received recommendations from the university president after obtaining degrees are eligible, even if they have not received a recommendation from the government.
※ Recommendation letter candidates: Graduating students or those within 1 year of graduation
- Initially granted 2 years of residence (extendable up to a maximum of 5 years).
- For extensions after 5 years from the initial permission date, score and extension requirements must be met.
[Attachment 1]
6) Accompanying Family Members of Points-based Highly Skilled Professionals
① Spouses or minor children of individuals who have been granted the Points-based Highly Skilled Professional Residence Status in the categories of listed corporations, promising industries, professionals, study abroad graduates, or potential highly skilled personnel.
② Spouses must maintain a genuine marital relationship, and minor children must be under the custody and guardianship of the principal resident.
Evaluation Criteria
1) (Good Conduct) Not meeting the following disqualifications
① Within the past 5 years from the application date, having received a sentence of imprisonment or more (including suspended sentences) from a foreign government.
② Within the past 3 years from the application date, having violated the Immigration Control Act three times or more, with the total amount of fines exceeding 5 million KRW.
③ Within the past 3 years from the application date, having been sentenced to a fine of 3 million KRW or more for violating South Korean laws (including the Immigration Control Act).
④ Submitting false documents at the time of application or within the past 3 years from the application date.
⑤ Falling under the grounds for denial of entry.
⑥ Being considered by the head of a local immigration office or foreigner's office as a potential threat to South Korea's safety, public order, public welfare, or other interests.
⑦ Having been sentenced to imprisonment or more for certain heinous crimes defined in Article 2 of the Special Act on Punishment of Certain Serious Crimes and crimes related to threats, extortion, fraud, voice phishing, drugs, and sexual violence, according to foreign laws.
⑧ Individuals who have been sentenced to imprisonment or more for crimes other than those in ⑦, and five years have not passed since the completion or non-reception of the sentence.
2) (Law-abiding Citizen Education)
a) Targets: Individuals who plan to change or extend their residency status (F-2) and have confirmed domestic law violations.
※ Excluded: Individuals with one or fewer violations and fines under 1 million KRW, and those for whom 10 years have passed since the imposition of penalties, fines, or administrative fines (including exemptions)
b) After the implementation of the guidelines, individuals subject to law-abiding citizen education must complete the education until the first extension application, and after that (starting from the second application), they must complete law-abiding citizen education if violations occur.
c) Period of law violations
- For changes in residency status, within 10 years from the date of case conclusion (non-prosecution or fine payment, etc.).
- For extensions of residency status, within 5 years from the date of case conclusion (non-prosecution or fine payment, etc.).
d) Applying for education
(a) Before the improvement of the Social Integration Information Network
- In-person application: Eligible individuals apply for education (3 hours) during complaint submission and receive an application receipt.
- Email application: Applicants submit education application forms to the immigration integration support center's email address.
(b) After the improvement of the Social Integration Information Network
- Online application via the Social Integration Information Network.
3) (Score Requirement) The sum of the scores for each evaluation criterion should be 80 points or more.
4) (Employment Activity) No engagement in restricted employment areas
① No engagement in restricted employment areas within the 3 years prior to the application date.
② No engagement in job categories that could have a negative impact on the domestic labor market and social economy (within the 6 months prior to the application date).
<Restricted Employment Areas>
- Business operations related to gambling as defined in Article 1, Paragraph 1, Item 1 of the Act on Regulation and Punishment of Acts Related to Gambling and the Enforcement Decree of the Act.
- Entertainment and hostess bar operations as defined in Article 36 of the Food Sanitation Act and Article 21, Item 8 of its Enforcement Decree.
- Entertainment businesses that go against proper morals among various entertainment businesses regulated under the Act on Regulation of Entertainment Businesses.
- Business involving physical contact or sexual acts, or services that pose a risk of such activities, as determined by the Committee for the Protection of Youth and announced by the Minister of Gender Equality and Family, as well as business producing and distributing harmful materials to minors, as designated by the President's decree.
- Other fields and areas where foreign nationals have engaged in activities beyond their residency status and other areas deemed necessary for restriction by the Minister of Justice.
5) (Public Health) Absence of infectious diseases such as tuberculosis
① Follow the "Guidelines for Issuance of Visas to Foreign Tuberculosis Patients and Management of Residency" and other relevant guidelines.
② Also applies to individuals who pose a direct threat to public hygiene, such as drug addiction, or individuals who may face difficulties in their residency in South Korea.
Required Documents
1) Basic Documents
Application form, passport, alien registration card, photo, fee, proof of residence, overseas criminal record certificate (only for extensions with over 6 months of overseas stay), employment contract.
2) Documents for Points-based Evaluation
① Score table indicating the scores claimed by the applicant.
② Documents proving the scores claimed by the applicant for each evaluation criterion.
③ Additional documents: Proof of family relationships (including birth certificates), tuberculosis test result confirmation, certificate of degree attainment (or expected attainment), recommendation letter from the president of a specialized university, employment certificate, business registration certificate, corporate registry, income certificate, and other relevant documents (if applicable).
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