차동석

Aug 19, 202310 min read

Other Long-Term Residency Visa F-2-99 Qualification Change, Extension Approval, Assessment Criteria

Updated: Jan 23

F-2-99 Change of Residence Status for Other Long-Term Resident Visa Holders

▶ Individuals who have resided in the Republic of Korea for over 5 years continuously under a residence status other than those ranging from Diplomatic (A-1) to Treaty (A-3) Residence Status, and who have their residence base within the country as recognized by the Minister of Justice.

Basic Principle

Individuals who have been granted certain residence statuses, have displayed proper conduct in accordance with laws during their stay, possess the ability to sustain an independent livelihood, have a fundamental understanding of the Korean language and culture necessary for life in Korea, and demonstrate an intention to settle in Korea can be allowed to change their residence status.

Requests for residence status change will be suppressed for cases violating actual laws or for those seeking long-term stay without the ability to engage in legitimate economic activities.

Eligibility Criteria for Change of Status

- Cultural Arts (D-1), Journalist (D-5), Religious (D-6), Diplomat (D-7), Trade and Business (D-9), Arts and Entertainment (E-6-1,3), Professor (E-1), Art Instructor (E-2), Researcher (E-3), Technology Instructor (E-4), Specialist in Humanities/International Services (E-5), Specific Activity (E-7), Corporate Investment (D-8)*, Visiting Family (F-1), Accompanying (F-3)**

*Corporate Investment (D-8) applicants must have an investment amount exceeding the current standard investment amount (100 million won) as per the Foreign Investment Promotion Act at the time of application.

** Visiting Family (F-1) and Accompanying (F-3) applicants must have a main residence status holder who is under the Long-Term Resident (F-2-99) status.

☞ However, although applying for F-2-99 together with a main residence status holder is possible, if the main residence status holder is denied a change to another long-term residence status, the change of F-2-99 status for the visiting family (F-1) and accompanying (F-3) applicants will also be denied.

○ Continuously reside in Korea for over 5 years under the targeted residence status.

- Calculation method for residence period and criteria for determining continuous stay shall apply.

≪Calculation of Residence Period and Criteria for Continuous Stay ≫

□ Criteria for calculating residence period

○ For each eligible residence status, the periods of continuous stay in the country are added up, excluding the following periods

- Periods during which one has left and not continuously resided in the country for more than 30 days

- Periods of illegal stay (violation of Article 25 of the law) or illegal employment (violation of Article 18 of the law)

- Extension period for staying to depart the country (Article 32 of the implementing regulations)

- Grace period for departure deadline (Article 33 of the implementing regulations)

- Period of departure recommendation (Article 67 of the law) or departure order (Article 68 of the law)

- Period from the point of receiving a forced deportation order to the completion of forced deportation (Article 62 of the law)

□ Criteria for determining continuous stay

When calculating continuous residence periods, if the following circumstances occur, the continuity between the periods before and after the circumstances will not be recognized

- Entry into the country more than 30 days after the complete departure

- However, if departure order or forced deportation resulted in a complete departure, continuity is not recognized regardless of entry within 30 days (incomplete continuity)

- Periods of stay under a residence status that is not eligible for changing to long-term residence status

≪Example of Calculating Residence Periods≫

Type	Residence History	Residence Period
A	Resided under E-7 from '14 to '15, Resided under D-8 from '16 to '19 (Continued staying abroad for 20 days each month in '19)	6 years
B	Resided under E-7 in '14, Resided under E-6-2 in '15, Resided under D-8 from '16 to '19	4 years
C	Resided under E-7 from '14.1.1 to '14.6.20 (Departed normally), Resided under D-8 from '14.7.1 to '19.12.31 (Engaged in illegal employment in Mar-Apr '19)	5 years 10 months
D	Resided under E-7 from '14.1.1 to '14.6.20 (Departure order), Resided under D-8 from '14.7.1 to '19.12.31 (Illegal stay in Mar-Apr '19)	5 years 4 months
E	Resided under E-7 from '14.1.1 to '14.6.20 (Deferred departure by 2 months), Resided under D-8 from '14.7.1 to '19.12.31 (Illegal stay in Mar-Apr '18)	5 years 8 months

○ Comprehensive assessment of area, number of rooms, individuals residing other than family members to determine whether normal long-term residence is feasible according to social norms

※ Difficult cases to consider places such as boarding houses, motels, etc. as places where continuous long-term residence can be sustained will be denied.

○ Judgment based on real estate registration documents, lease agreements, etc.

Qualification Assessment Criteria

<Age: Must be of legal age under civil law at the time of application> - However, this age regulation does not apply if the applicant holds Visit Cohabitation (F-1) or Accompanying (F-3) residency status <Compliance with Laws and Conduct Criteria> ① If the applicant has violated the Immigration Control Act three or more times within the three years preceding the application date ② If the total amount of fines or penalty notices received for violations of the Immigration Control Act within the three years preceding the application date exceeds 5 million KRW.* In cases where the fine amount has been reduced, the decision is based on the reduced amount. ③ If the applicant has been sentenced to imprisonment or a more severe penalty under South Korean law within the five years preceding the application date.

④ If the total amount of fines received for violations of South Korean law within the five years preceding the application date exceeds 5 million KRW. ⑤ If the applicant has been sentenced or finally determined as guilty of a "serious crime" within the ten years preceding the application date.

- However, even if 10 years have passed since the application date, if it is determined that considering the motive, means, method, content, etc. of the crime, the individual is unsuitable for long-term residence in South Korea, the conduct criteria may not be met for the assessment.

*Includes suspended indictment, suspended sentencing, and fines (regardless of the amount), excluding not-guilty verdicts. ⑥ If the applicant is subject to entry ban reasons as of the qualification assessment date.

⑦ If the applicant has unpaid taxes, etc. as of the application date.

*However, if the applicant receives a payment order from the immigration office and pays the outstanding amount during the qualification assessment stage, the assessment process can proceed. (If the payment order is not fulfilled, the qualification change will not be granted.)

○ Exclusion: Foreigners who were minors under civil law at the time of application

○ If one or more of the following individual criteria are met

1) Graduation from elementary, middle, or high school

2) Graduation from a university, graduate school, or technical college

3) Completion of the 4th level or higher of the Ministry of Justice's Social Integration Program

4) Passing the entrance qualification examination for middle or high school or passing the high school graduation qualification examination.

5) Obtaining a score of 81 or higher in the Ministry of Justice's Social Integration Program preliminary evaluation.

※ Assets, income, and economic activity criteria must all be met ○ If the applicant is in a cohabitating relationship (F-1) or is accompanying (F-3), the income maintenance ability requirement of the sponsor (main visa holder) as of the application date will be assessed for the applicant. ○ In relation to asset and annual income requirements, if the maintenance (extension) requirements for the applicant's existing residency status are more stringent than the qualification change requirements in this guideline, the stricter criteria will be followed. Example: If a foreigner with an E-7 visa, which is for skilled professionals, applies for a change in their other long-term residency status: - According to the "Extension Requirements for Skilled Professionals" criteria as of the application date, the annual income required for the applicant is 'at least 30 million KRW, which is 90% of the previous year's GNI per capita,' and -According to the "Qualification Change Requirements for Long-Term Residency" criteria, the required annual income for the applicant is 'at least 20 million KRW, which is the monthly minimum wage.' ☞ The applicant's annual income should satisfy the stricter criteria, which is 'at least 30 million KRW, which is 90% of the previous year's GNI per capita.' ※ Consistent application of guidelines defining the applicant's residency status aims to prevent the misuse of changing to other long-term residency qualifications as a temporary residence measure for foreigners who do not meet the extension requirements for general residency status at the time of application.

Assets

○ Assets

- Applicant or applicant's family

- Spouse, children, and parents (including spouse's parents) of the applicant who live together and share their livelihood in the same residency (address). ○ Types of Assets 1. Financial assets, such as deposits, savings, securities, and other financial properties that can be converted into cash* * Financial assets such as deposits, savings, and securities held continuously for 6 months or more as of the application date will be recognized. Non-redeemable insurance will not be recognized as they cannot be converted into cash (refund-guaranteed insurance will be recognized). 2. Amounts paid by the asset owner for the ownership or leasing of real estate *Assets must be continuously held for 6 months or more, and amounts not personally paid for loans are excluded. ○ Asset Amount Criteria - If the applicant is applying for themselves, they must have assets of at least 15 million KRW, and the combined assets of the applicant and accompanying family must exceed 30 million KRW.

- In the case of inviting accompanying family members, the sponsor must meet the requirement of owning assets of at least 15 million KRW, and the combined assets of the sponsor and family must exceed 30 million KRW.

Annual Income

○ Income Recipients

- Applicant or applicant's family

- Spouse, children, and parents (including spouse's parents) of the applicant who live together and share their livelihood in the same residency (address). ○ Timing of Annual Income Occurrence: Income generated in the one-year period preceding the application date, within the same year as the application date. ○ Types of Income Recognized

≪ Recognized Income ≫

○ If the applicant has one or more of the following types of income, they will be recognized when aggregated. However, each income type will only be recognized if income tax has been paid.

☞ Even if an income is subject to income tax, it will not be recognized if income tax has not been paid.

Interest income, Dividend income, Business income*

Employment income, Pension income**, Other income

*Freelancers, agriculture, forestry, fisheries, rental of real estate, etc.

** Pension recipients (F-5-13) who have applied for permanent residency ○ For (non-taxable income), the decision to recognize income will be made based on relevant supporting documents. - However, if submitted documents are deemed untrustworthy, the decision to permit recognition will be deferred until official proof such as an income certificate is submitted.

- Even after the decision to permit recognition, if there is a need for verification due to discrepancies, income-related documents such as income certificates will be collected for verification.

☞ In cases of discrepancies where requirements are not met, the residency status may be revoked. ○ Other Points to Note - Pensions received from abroad will also be recognized as income - Assets such as real estate will not be recognized as income • However, if income is generated from assets and income tax has been paid, it will be recognized as income. Example) If the income recipient (applicant, etc.) owns a house and generates income from renting it out, the income from this, such as rent, will be recognized as

'㉰ Business Income.'

If the owned house is one, and if it is rented out, it will be recognized as income eligible for non-taxable status if the relevant proof is submitted (※ If the owned house is two and rented out, it will be subject to taxation.)

○ Based on whether the Bank of Korea has published the previous year's Gross National Income (GNI) per capita as of the application date, the following assessment will be conducted. Both the 'applicant' and the 'applicant and family' will be assessed separately, and both must meet the criteria. - If the Bank of Korea has published the previous year's GNI per capita as of the application date

Annual Income Recipient	Criteria for Annual Income Satisfaction
Applicant	(General) At least 12 times the monthly minimum wage of the previous year as per the Minimum Wage Act (Exception) In cases where the applicant's residency status involves specific activities (E-7) and falls under the application of the permit system due to a change or addition of workplace, at least 18 times the monthly minimum wage of the previous year <Applicable to change or addition of workplace under permit system> 'Sales Office Worker (31215), Cooks and Chefs (441), Designers (285), Hotel Receptionists (3922), Medical Coordinators (S3922), Sea Cucumber Processing Technicians (63019), Ship Welding Specialists (7430), Skilled Talent - Manufacturing Site Managers (700), Construction Site Managers (770), Agriculture and Livestock Industry Site Managers (600)
Applicant and Family	(General) At least the previous year's GNI per capita (Exception) In cases where the applicant's residency status involves specific activities (E-7) and falls under the application of the permit system due to a change or addition of workplace, at least 1.5 times the previous year's GNI per capita

- If the Bank of Korea has not published the previous year's GNI per capita as of the application date

Annual Income Recipient	Criteria for Annual Income Satisfaction
Applicant	(General) At least 12 times the monthly minimum wage of the year before the previous year as per the Minimum Wage Act (Exception) In cases where the applicant's residency status involves specific activities (E-7) and falls under the application of the permit system due to a change or addition of workplace, at least 18 times the monthly minimum wage of the year before the previous year
Applicant and Family	(General) At least the year before last's GNI per capita (Exception) In cases where the applicant's residency status involves specific activities (E-7) and falls under the application of the permit system due to a change or addition of workplace, at least 1.5 times the year before last's GNI per capita

Economic Activities

○ Based on the applicant's residency status at the time of application, they should be engaged in livelihood-sustaining activities (employment or business operation, etc.).

Submission Documents

▶ Passport, 1 photo, fee, application form, and reason for application statement

▶ Supporting documents for demonstrating income maintenance ability

① Proof of Assets

○ Statement of deposit balance, real estate lease agreement, real estate registration certificate, etc

② Proof of Annual Income

○ (General) Official income proof documents issued by tax authorities, such as income statement

○ (Exception) If it's impossible to obtain official documents like income statement at the time of application, the following documents must be submitted:

㉠ Withholding tax receipt for earned income

㉡ Proof of the account related to the deposited income amount

㉢ Affidavit of the business owner (employer) and the applicant

○ (Others) Proof of pension income, relevant documents for tax-exempt income

③ Proof of Economic Activities

○ (Employee) Employment contract, certificate of employment, business registration certificate, etc.

○ (Business Owner) Certificate of all registered corporate information, investment enterprise registration certificate, etc.

▶ Proof of Basic Knowledge of Korean Language and Culture (Submit at least one of the following)

① Proof of Korean Education Curriculum

○ Graduation certificate from a Korean educational institution

○ Certificate of passing the High School Equivalency Examination (GED)

② Proof of Ministry of Justice Social Integration Program

○ Level 5

- Certificate of Completion of Social Integration Program (Korean Immigration and Naturalization Qualification Course)

- Certificate of Completion of Social Integration Program (Korean Immigration and Permanent Residence Qualification Course)

- Certificate of Passing the Korean Immigration and Naturalization Ability Test (KINAT)

- Certificate of Passing the Korean Immigration and Permanent Residence Ability Test (KIPRAT)

○ Level 4 and Equivalent Qualifications

- Certificate of Educational Confirmation from the Social Integration Program (※ Completion of education equivalent to the 4th level or higher must be confirmed)

- Certificate of Passing the Korean Language and Culture Test (KLCT) of the Social Integration Program

- Pre-assessment Score Sheet of the Social Integration Program (※ Only applicable if the score is 81 or higher)

▶ Proof of Residential Address

○ Lease Agreement for Real Estate, Real Estate Registration Certificate, and others

▶ Other Documents Deemed Necessary for Assessment

○ Proof of Family Relationships, etc. (Applicable if the applicant is under visitation or accompanying residency status)

F-2-99 Long-Term Residency Visa Extension Approval

○ Follows the same criteria as for change of residency status assessment

○ Implementation of Law-Abiding Citizen Education

a) Target: Among the individuals planning to change or extend their residency status to residency (F-2), those with confirmed domestic law violations

※ Exclusions: Those who have received penalties of fines, administrative fines, or penalties totaling 1 million won or less, and have elapsed 10 years (self-change) or 5 years (extension) since the incident

b) After the implementation of the guidelines, individuals subject to law-abiding citizen education must complete it before their first extension application. For subsequent extensions (from the 2nd time), compliance education must be completed to be eligible for extension if a violation is detected

c) Period for Violation

- When changing residency status: Within 10 years from the date of conclusion of the case (date of non-indictment disposition, payment date of fines, etc.)

- When extending residency period: Within 5 years from the date of conclusion of the case (date of non-indictment disposition, payment date of fines, etc.)

d) Application for Education

a) Before the Social Integration Information Network Improvement

- In-person application: Eligible individuals must apply for education (3 hours) upon filing a complaint, receive an application receipt, and then receive a receipt

- E-mail application: Applicants apply for education via e-mail to the Immigration Integration Support Center of the relevant immigration office

b) After the Social Integration Information Network Improvement: Online application via the Social Integration Information Network

ㅇ The livelihood maintenance ability of accompanying family members will be assessed based on the livelihood maintenance ability requirement of the subject resident as of the application date.

ㅇ If you acquired long-term residency (F-2-99) through domestic birth, Taiwanese school, or religious (D-6) qualification, you will be exempt from the livelihood maintenance ability assessment.

1) Annual Income

○ ○ Depending on whether the previous year's per capita Gross National Income (GNI) has been announced on the application date, the assessment will be as follows, divided into 'applicant' and 'applicant and family,' both of which must be satisfied

Annual Income recipient	Satisfaction of Annual Income
Applicant	12 times the monthly minimum wage according to the Minimum Wage
Applicant and Family	Per capita GNI for the year before the previous year

Annual Income recipient	Satisfaction of Annual Income
Applicant	At least 12 times the monthly minimum wage for the year before the previous year according to the Minimum Wage Act
Applicant and Family	Per capita GNI for the year before the previous year

2) Economic Activities: Apply the qualification change assessment criteria, with the addition of the following requirement

○ Maintain activities in the field corresponding to the previous residency status before obtaining the long-term residency qualification

○ Excluded (Exempt) from application

- Foreign minors under the Civil Law as of the date of residency extension approval

- Foreigners who obtained long-term residency status (F-2-99) before the implementation of these requirements (September 30, 2019)

○ Assessment criteria: Same as the qualification change assessment criteria

▶ Residence Basis (Residential Address): Same as the qualification change assessment criteria

▶ Extension Criteria for Minor Children of Residence (F-2-99) Holders

○ Basic knowledge of the Korean language and culture requirement

- If the minor child of a subject resident (F-2-99) has reached adulthood after being granted residency (F-2-99), they must satisfy the basic knowledge of Korean language and culture requirement.

○ Livelihood Maintenance Ability

- After reaching adulthood, if the subject resident (F-2-99) and their child have separate livelihoods, the criteria for livelihood maintenance ability, including assets, annual income, and economic activity maintenance, must be satisfied.

Documents for Residency Extension Submission

○ Passport, 1 photo, fee, application form, and reason for application (Form 1)

○ Documents related to annual income (same as qualification change assessment criteria)

○ Documents proving economic activities (same as qualification change assessment criteria)

○ Documents proving basic knowledge (same as qualification change assessment criteria)

○ Documents proving residential address (same as qualification change assessment criteria): Applicable only if it's relevant

○ Other documents deemed necessary for assessment

Other Long-Term Residency Visa F-2-99 Qualification Change, Extension Approval, Assessment Criteria

Recent Posts

Comments