Today, we will look into the targets, requirements, and submission documents when applying for permanent residency (F5) from a marriage visa (F6). First, let's check what advantages there are in applying for permanent residency from a marriage visa.
Differences between a marriage immigrant (F6) and a permanent resident (F5)
※As you can see, permanent residents have more advantages than marriage visa holders when it comes to continuously staying in the country. The biggest difference is in the case of divorce. Even if you get divorced, you can do so confidently without having to be concerned about your spouse's opinion.
Also, even if a marriage immigrant (F6) divorces a Korean spouse, it does not necessarily mean they must return to their home country without exception; if certain conditions are met, such as divorcing due to the spouse's fault, they can continue to stay in the country.
You can check the details about that part below.
Next, we will look into the targets, requirements, and submission documents for marriage immigrants (F6) applying for permanent residency (F5) in order.
Permanent Residency Targets
Foreign spouses who are maintaining a normal marital (legal marriage) life with a Korean spouse,
and have been continuously residing in Korea for more than 2 years with the qualification of a spouse of a national (F-6-1)
Three Major Requirements for Acquiring Permanent Residency
First, to acquire permanent residency (F5), you must meet three major requirements.
1. Whether a livelihood base is established in South Korea, i.e., the ability to maintain a livelihood,
2. Whether you have the basic qualities necessary for continuous residence in South Korea,
3. As a requirement for good conduct, you must not have a criminal record.
Now, let's take a detailed look at these three requirements.
1. Livelihood Maintenance Ability Requirement
- You must meet one of the following two conditions for livelihood maintenance ability
1) An annual income of 40,247,000 won or more based on 2021 for the applicant at the time of application.
※ If combined with the income of cohabiting family members, the applicant's income must be at least 50% of the annual income requirement.
※ The amount reported to the National Tax Service is based on the amount on the income amount certificate for the previous year.
※ Depending on the conditions such as supporting direct family members, you can receive a reduction of up to 50%.
2) Those who have a property tax payment record of 500,000 won or more in the previous year or do not have a payment record but have net assets equivalent to property tax of 500,000 won
(The asset amount of median income is about 414.52 million won) such as a lease deposit.
※ This refers to net assets, and assets held from 6 months before the application date for permanent residency are recognized.
2. Basic Qualities Requirement
- For the quality requirement that looks at Korean language ability, you must meet one of the following
1) Comprehensive evaluation pass certificate for permanent residency
2) Comprehensive evaluation pass certificate for naturalization
3) Completion certificate of the social integration program (Korean immigration permanent qualification course or higher)
※ There are reductions based on whether or not you have children.
3. Good Conduct Requirement
- Domestic and overseas criminal records are reviewed through a certificate of criminal record, and you must not fall under any of the following
1.Domestic criminal record
(1) Those who have been sentenced for specific violent crimes
(2) Those who have been sentenced to imprisonment or confinement and have not passed 5 years since the completion or exemption of the execution of the sentence
(3) Those who have been sentenced to a suspended sentence of imprisonment or confinement and have not passed 5 years since the final judgment
(4) Those who have been sentenced to a fine and have not passed 3 years since the payment of the fine
※ In the case of unpaid labor due to non-payment, the end date of detention is considered the payment date.
※ The same applies to those who have an obligation to pay fines, etc.
(5) Those who have violated Article 7, Paragraph 1 or 4, or Article 12, Paragraph 1 or 2 of the Immigration Control Act and have not passed 5 years since the violation
(6) Those who have violated the Immigration Control Act more than three times in the past 5 years from the application date.
※ In this case, those who have been fined are excluded.
(7) Those who have been ordered to be deported and have not passed 7 years since departure, or those who have been ordered to leave and have not passed 5 years since departure
(8) Those who have been fined 5 million won or more for violating the Immigration Control Act in the past 3 years, or whose combined fines amount to 7 million won or more
(9) Those who are subject to forced deportation but have been granted permission to stay for humanitarian reasons, etc., and have not passed 5 years since the decision to permit stay
2.Overseas criminal record
(1) Those who have been sentenced abroad for specific violent crimes, threats, extortion, fraud, drunk driving three times or more, voice phishing, drug crimes
(2) Those who have been sentenced abroad for other crimes equivalent to imprisonment or more
※ Restricted from approval for 10 years from the sentencing date due to failure to meet the good conduct requirement.
※ Even if you acquire permanent residency, crimes committed in Korea can be grounds for cancellation of permanent residency.
(1) If permanent residency was acquired through false or fraudulent methods
(2) If a sentence of imprisonment or confinement of 2 years or more is confirmed
(3) If you have been sentenced to imprisonment or confinement for violating the law within the past 5 years and the combined period of the sentence is 3 years or more, etc.
Documents to Submit When Applying for Permanent Residency
◆ Common documents
･ Passport, foreign registration card, integrated application form, standard size photo, fee, proof of residence document
Family relationship confirmation documents
･ Basic certificate of the Korean spouse, marriage relationship certificate, family relationship certificate, copy of the resident registration
･ (If there are children) Family relationship certificate of the child
◆ Documents to confirm the maintenance of a normal marital life
･ Photos taken together by the couple during family events (relatives' marriages, admissions, graduations, etc.), holidays, travel, daily life, etc. (3 or more photos)
◆ Good conduct requirement documents
･ Overseas criminal record certificate (issued within 6 months of the application date)
◆ Livelihood maintenance ability requirement documents
･ (Income amount above the per capita gross national income) Income amount certificate of the applicant or family members living together (if necessary, proof of labor income withholding receipt, salary deposit details, and other income proof documents such as sales and expenses may be required)
･ (Household assets above the median level) Asset proof documents of all family members living together (transaction history, savings certificate, lease/rental contract, real estate registration part certificate, etc.) and credit information inquiry report
◆ Basic qualities requirement documents
･ (Completion of the social integration program) "Social Integration Program Completion Certificate" (Korean immigration permanent qualification course or Korean immigration naturalization qualification course)
･ (60 points or more in comprehensive evaluation) "Korean Immigration Permanent Qualification Test Pass Certificate" (KIPRAT) or "Korean Immigration Naturalization Qualification Test Pass Certificate" (KINAT)
◆ Other documents deemed necessary by the head of the office for review
･ Proof of circumstances for those eligible for requirement relaxation or exemption, etc.
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