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Protection of Educational Rights for Children and Youth of Overstayers (Parents G-1, Child D-4, Minor Siblings of the Child G-1)

Writer: dongsuk chadongsuk cha

Updated: 3 days ago

The Ministry of Justice announced an extension of the policy to grant residence status for the protection of the right to education of long-term resident children in Korea, extending it for another 3 years beyond the original end date of March 31, 2025.


Application Period: April 1, 2025 – March 31, 2028

※ The policy is implemented temporarily to prevent side effects such as illegal immigration using children as a means, rather than permanent implementation.



Granting of Residence Status for the Protection of the Right to Education for Long-Term Resident Children in Korea


1. Eligible Children for Residence Status

▶ Children born in Korea or who entered Korea before age 6

① Resided in Korea for 6 years or more

② Enrolled in elementary, middle, or high school in Korea as of the application date or graduated from high school


▶ Children who entered Korea after age 6

① Resided in Korea for 7 years or more

② Enrolled in elementary, middle, or high school in Korea as of the application date or graduated from high school


2. Measures for Children

① If enrolled in middle or high school as of the application date:

- D-4 visa for study granted until high school graduation


② If graduated from high school as of the application date:

- Change to a student or employment visa if qualifications are met

- If qualifications are not met, G-1 visa will be granted or changed

③ If conditions are violated such as expulsion or illegal activities:

- Visa may be canceled or extension denied under the Immigration Act


※ The relevant Immigration Office will conduct an investigation after receiving the application and grant residence status with conditions such as compliance with laws and sincere academic commitment.


3. Measures for Minor Siblings

- When granting residence status to the eligible child, their minor siblings will also be granted G-1 status to support family stability.

※ Example: If eldest son A, born in Korea, qualifies after 6 years of residence, his siblings (under 6 years of residence) will also be granted status.


4. Measures for Parents

※ Departure is the principle, but temporary stay is allowed until the minor child graduates high school or becomes an adult

※ Parents who are not actually raising the child in Korea are excluded from application.

① Penalties for Parents' Immigration Violations

- A fine is imposed for the parents’ own illegal stay when the child's application is submitted.

※ Only 30% of the original fine is charged (70% reduction); further reduction is possible for inability to pay

- Upon payment of the fine, G-1 visa granted to allow legal stay and employment until the child graduates from high school

② Temporary Stay and Deportation

-Parents must voluntarily leave the country once the child becomes an adult or graduates high school, If not, they are subject to deportation and re-entry ban

③ Strengthening Parental Responsibility

- Conditions such as participation in social integration education are imposed to ensure proper care and education of the child.



System Improvemzent for Foreign Youths with a Foundation of Growth in Korea


▶ Foreign youth such as second-generation immigrants can continue to live in Korea and switch to a work visa even without entering college.


- Previously, foreign youth who became adults needed a bachelor’s degree or 5+ years of work experience to obtain a work visa (e.g., E-7)


- As a result, even if they grew up in Korea, it was practically impossible to work or settle in Korea without entering a university


- From April 1, 2025, the Ministry of Justice will improve the system to allow foreign youth who have graduated from Korean elementary, middle, and high schools to plan their future accordingly, even without attending university.


Details

1. If a person is 18 to 24 years old as of the application date, has resided in Korea for 7+ years before age 18, and graduated from Korean elementary/middle/high school, they are eligible for job-seeking/training (D-10) or work (E-7-Y) visa.

※ Employment sectors and scopes will be widely permitted, excluding immoral or socially harmful industries.

2. Those who did not complete any of the elementary, middle, or high school stages in Korea can receive the same benefits after completing Level 5 of the social integration program.

3. Foreign youths who have lived in a population-declining (priority) region under D-10 or E-7-Y status for 4+ years will be supported in settling in the area with a Regional Specialized Talent visa (F-2-R).




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Cha Dong-seok Administrative Office

Tel: 010-3423-0935

Unit 301, 254, Eulji-ro, Jung-gu, Seoul, Republic of Korea

Business number: 563-54-00713

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