A foreigner holding an F-2-99 visa is inquiring about the need for authorization from the Immigration Office to change employers, or if they can just switch employers because they hold an F2 visa.
Most people believe that holding an F2 visa means there are no employment restrictions and no need for a transfer consent form, so they think they can change companies without additional permission from the Immigration Office. However, this is not the case.
This misunderstanding stems from the characteristics of the F-2-99 visa, which distinctly differentiates it from another F2 visa category, the F-2-7 (Specialist Professional), and represents a major difference.
Let's examine the guidelines and apply them to a case scenario for clarity. Below is a simplified summary of the somewhat complex guidelines
Criteria for Permitting Activities Outside of Residency Status for Other Long-Term Residents (F-2-99)
※ Employment activities are limited to those recognized by the law, and depending on whether the activity before acquiring residency status is continued, it determines if a permit for activities outside of residency status is required.
▶ Employment Activities Recognized by Law
- Short-term employment (C-4), professor (E-1) to seafarer employment (E-10), and visiting employment (H-2) within the residency status.
▶ Activity Before Acquiring Residency Status
According to the Enforcement Decree of the Immigration Control Act, individuals with Other Long-Term Residence (F-2-99) status must continue the same field of activity as their previous residency status to engage in employment activities recognized by the law without a separate permit for activities outside of residency status.
1. Cases Not Requiring a Permit for Activities Outside of Residency Status
- If you intend to engage in employment activities in the same field as before acquiring Long-Term Residence (F-2-99) status.
Example: ① A conversation instructor (E-2) visa holder ② After acquiring the long-term residence (F-2-99) visa status ③ Continues conversation instruction activities. Can perform the employment activities recognized by the law without the need for permission for activities outside of visa status.
2. Cases Requiring a Permit for Activities Outside of Residency Status
- If you intend to engage in different employment activities from the field corresponding to your status before acquiring Long-Term Residence (F-2-99).
※ The permit is determined based on guidelines regulating eligible employment activities; if not specified, a permit is granted.
3. Before acquiring the long-term residence (F-2-99) status, in the case where the accompanying family (spouse or minor child) who has received the long-term residence (F-2-99) visa status wishes to engage in employment activities
※ The permit for employment activities is determined based on guidelines, granting permission if not specifically regulated.
for example
1. A foreign worker who changed their residency status from E9 → E-7-4 → F-2-99 and wants to change employers before the employment contract expiration
ANSWER ①: The pathway before the creation of the F-2-R visa, where an E9 worker acquires an F2 visa, was the most standard case. If the new workplace is the same manufacturing industry as the previous job and is an industry that can work under the E9, E74 qualifications, no separate employment activity permit is needed.
In other words, regardless of whether the labor contract agreed upon by both parties has expired or not, there is no need to obtain a permit for activities outside of residency status from the jurisdictional immigration office when changing workplaces.
ANSWER ②: However, if the new workplace involves employment activities not permitted under the previous residency status but allowed under a different residency status, for example, employment activities corresponding to one of the E-7-1 (Specialist Professional) job categories, or although unlikely, suddenly becoming qualified to be an E2 native speaker teacher, then regardless of the agreed labor period, a permit for activities outside of residency status must be obtained.
2. In the case of a family member (F3 visa holder) receiving an F-2-99 visa and changing workplaces
ANSWER: F3 accompanying or F1 visiting status, in principle, restricts employment activities without a permit for activities outside of residency status.
Therefore, if you receive an F-2-99 visa and work at a new workplace, you must obtain a permit for activities outside of residency status. This is required regardless of whether it's for changing workplaces after the expiration of the work period, during the agreed work period, or even for the first job after receiving the F2 visa.
3. Is it possible for F-2-99 visa holders to have a second job? If so, is a permit for activities outside of residency status required?
ANSWER: As stated in the guidelines, if you maintain employment activities corresponding to your previous residency status before acquiring the F2 visa and engage in additional employment activities recognized by the law as a second job, no separate permit for activities outside of residency status is required.
For example, a foreigner who changed from E-7-4 to F-2-99 and continues working at the original factory while taking a simple labor job that corresponds to the H2 (Visit Employment) visa employment activities as a side job can do so. However, if it's not a second job but leaving the previous job to start a new one, whether a permit for activities outside of residency status is required depends on whether the new workplace corresponds to employment activities allowed before acquiring the F2 visa, as mentioned above.
4. Is business possible with an F-2-99 visa? I plan to start a personal business while continuing my current job.
ANSWER: If the previous residency status before acquiring the F-2-99 visa was a BUSINESS visa like D8 or D9, then naturally, business is possible.
However, if the visa was changed from a residency status other than D8, D9 to F-2-99, it is divided into two cases.
① Continuing to work at the current company while running a personal business
According to the guidelines, "A permit for employment activities defined as eligible by the guidelines is decided based on whether the guideline specifies otherwise; if not specified, a permit is granted." Therefore, continuing to work at the current company while running a personal business as a second job does not require a separate permit for activities outside of residency status.
② Quitting the current company to run a personal business
The key to the permit for activities outside of F-2-99 visa status lies in whether the employment activities allowed before acquiring the F2 visa are maintained and whether the law recognizes the employment activities being undertaken. Therefore, if the visa was changed to F2 before from a residency status other than business-related visas like D8, D9 and the employment activity is not maintained (i.e., quitting the current job to only run a personal business), a permit for activities outside of residency status is required.
<F-2-99 Visa Application Eligibility> -Cultural Arts (D-1), Press Coverage (D-5), Religious Activities (D-6), Intra-Company Transfer (D-7), Trade Management (D-9), Entertainment Activities (E-6-1,3), Professor (E-1), Language Instruction (E-2), Research (E-3), Technology Guidance (E-4), Professional Employment (E-5), Specific Activities (E-7), Corporate Investment (D-8), Visiting and Cohabitation (F-1), Accompanying Family (F-3) ※ Corporate Investment (D-8) eligibility is limited to those who have invested more than 100 million won at the time of application. ※ Visiting and Cohabitation (F-1) is limited to ethnic Chinese born in Korea not registered in the household register of their home country. ※ Accompanying Family (F-3) can only apply concurrently with the primary visa holder. |
A moment here
The permit for activities outside of residency status is not a notification but a permit.
Therefore, a permit for activities outside of residency status must be obtained before changing the workplace.
Below are the fines for working without a permit for activities outside of residency status.
Immigration Control Act Article 20 (Activities Outside of Residency Status)
- Foreigners staying in the Republic of Korea who wish to engage in activities other than those allowed by their residency status must obtain prior approval for activities outside of their residency status from the Minister of Justice, as prescribed by Presidential Decree.
Fines for working without a permit for activities outside of residency status
Less than a month | 1 ~ 3 months | 3 ~6 months | 6 ~ 12 months | 1 ~ 2 years | 2 ~ 3 years | 3 ~ 5 years | 5 ~ 7 years | 7 years or more |
2 million KRW | 3 million KRW | 4 million KRW | 7 million KRW | 10 million KRW | 15 million KRW | 20 million KRW | 25 million KRW | 30 million KRW |
