A few days ago, I went on a business trip to Jeju Island due to a case of temporary release from detention.
The requester was a cohabitant of a person detained in the protection facility, and the protected person (in the protection facility) was of Chinese nationality, apprehended for illegal stay, leading to detention in the protection facility.
The protected person initially entered Jeju Island with an E-7 visa, and subsequently, after the visa expired, re-entered Jeju Island with a visa waiver (B-2) without any issues. He entered twice with a B-2 (tourist transit) visa, stayed in Jeju Island without proper documentation, and eventually left voluntarily after becoming an illegal resident.
Having voluntarily left the country twice during the self-deportation period, he became an illegal resident again by exceeding the permitted stay duration.
※ Even if someone voluntarily leaves, the immigration authorities issue a departure order. This record is maintained in the system.
※ If caught and detained in a protection facility during illegal stay, a deportation order, not a departure order, is issued. The person must be under a deportation order to apply for temporary release from detention.
The reasons for temporary release from detention included settling personal debts with acquaintances, managing agricultural produce transactions, and dealing with the financial aspects of the protected person.
As evidence, text messages related to agricultural transactions, texts regarding personal debts, and statements from involved parties were submitted. Additionally, petitions from several acquaintances were provided for reference during the assessment.
Having visited various immigration offices nationwide, Jeju Island felt different. The atmosphere was lighter, and the officials were remarkably friendly and accommodating. Perhaps, it could be attributed to the sense of community and familiarity among the locals.
The protected person had accumulated 20 million won in fines after three years of illegal residence.
(Note: The fine must be fully paid for the protection order to be lifted. It cannot be paid in installments.)
i was trying to pay the fine in cash at the penal institution,
The official expressed that, considering the protected person has no intention of applying for a marriage visa and obtaining an E-7 visa is practically impossible, if they were someone the requester knew, the official wouldn't advise paying the fine. The reasoning behind this was that going back to China and starting afresh would be a better option since returning to Korea would be challenging anyway.
In reality, even if the fine is fully paid, being forcibly deported due to illegal residence makes obtaining any other visa (except for F4 for overseas Koreans or F6 for marriage) extremely difficult, with humanitarian reasons being the only exception.
Moreover, if the fine for illegal residence is left unpaid, returning to Korea with any type of visa becomes nearly impossible.
The requester, however, wanted to give the protected person a chance. Even if paying the fine and leaving would result in a minimum five-year ban on re-entry (as mentioned by the official), there would still be a very slim hope of returning to Korea. On the other hand, not paying the fine would mean there's almost no way to return to Korea permanently.
Therefore, considering the human aspect of the situation and wanting to give an opportunity, the requester decided to pay the fine. After paying the fine and receiving the receipt, the requester applied for the temporary release from detention.
Now, let's examine the required documents for applying for temporary release from detention
Documents Required for Temporary Release from Detention
1.Application for Temporary Release from Detention
2.Objective proof of the reason for temporary release - Diagnosis certificates, records, death certificates, etc.
3.Proof of the ability to pay the guarantee deposit (20 million won)
- Cash or cash guarantee certificate / Bank account statements in the name of the protected foreigner (including spouses) or the guarantor
※ The exact amount of the guarantee deposit, usually between 3,000,000 and 20 million won, is determined after the approval of the temporary release from detention.
※ However, proof of the ability to pay the guarantee deposit must be submitted when applying for temporary release from detention. This can be demonstrated by presenting cash, a cash guarantee certificate, or bank account statements in the name of the protected person, the protected person's spouse, or the guarantor. The recommended amount is 20 million won..
※ In this case, 20 million won in cash was presented. Therefore, a total of 40 million won was prepared in cash (20 million won for the fine + 20 million won for proof of the ability to pay the guarantee deposit). Once the temporary release from detention is approved, the guarantee deposit can be paid, and it will be refunded upon departure.
4.Identity guarantee certificate, a copy of the identity guarantee's ID
5.Proof of the relationship between the protected person and the requester - Family relationship certificate, marriage certificate, etc.
6.Proof of residence
- Lease agreement or land register
- If residing in a friend's house: Residence confirmation letter, additional copy of the friend's identity guarantee
Petitions from acquaintances
Especially in this case, it is unforgettable that a total of 9 acquaintances sincerely wrote and signed petitions, affixed their thumbprints, and attached their own identification cards.
Especially noteworthy in this case was that nine individuals, ranging from a high school girl to people engaged in agricultural work, their spouses, and even someone in the hospital, wrote heartfelt petitions. Even a Chinese individual with limited Korean proficiency wrote a petition in Korean using translation tools.
Reviewing these petitions was a touching experience. Despite the requester being an illegal resident, client had undertaken many benevolent actions. During the farming season, they assisted with farming tasks for free, actively supported neighbors in times of need, and participated in fundraising for medical expenses of a seriously ill compatriot.
In reality, the 40 million won (20 million won fine + 20 million won guarantee deposit) was quickly prepared in cash due to the surrounding acquaintances becoming aware of the situation. The financial preparation was possible because of the willingness of various individuals to write petitions and lend money.
Especially considering that the protected person was not a Korean but an illegal foreign resident, the fact that many Koreans offered help to each other made a deep impact.