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Writer's picturedongsuk cha

Would it be possible to change the status to F-3 dependent family visa for the spouse and minor children of D2, D10 visa holders after entering Korea on a short-term visa (C-3, B-1, B-2)?


Eligibility for Change of Status

- Those who entered Korea with short-term visas such as B-1, B-2, C-3 due to housework arrangements or other unavoidable reasons


Principally Ineligible

- Holders of C-3-2, D-3, H-1 visas, and those specified in the respective guidelines


 

- F-3 status must be obtained through a diplomatic mission abroad and entering Korea is the principle

- If specified as restricted/prohibited in individual guidelines, change of status is not possible

- Spouses of nationals from polygamous countries are recognized for F-3 status for only one spouse



Spouse and Minor Children of Students (D-2)******

- Those studying for a bachelor's degree or higher at a domestic university with a D-2 visa for more than 6 months must prove independent housing and financial capability for accompanying family members

- Change of status is restricted if the qualified person's stay in Korea is less than 6 months or if they are holders of D-2-1 (associate degree), D-2-6 (exchange), D-2-8 (visiting), language trainees (D-4-1, 7), unless there are humanitarian reasons

- Eligible applicants for change of status: Nationals from general countries (Nationals from countries with high rates of illegal stay and key management countries must apply for visas through overseas missions)

※ The 21 countries designated by the Ministry of Justice as having high rates of illegal stay and key management countries are as follows

China

Philippines

Indonesia

Bangladesh

Vietnam

Kyrgyzstan

Mongolia

Thailand

Pakistan

Sri Lanka

India

Ukraine

Myanmar

Nepal

Iran

Uzbekistan

Kazakhstan

Nigeria

Ghana

Egypt

Peru





- If it is suspected that students and spouses are alternating between D-2 (student) and F-3 (dependent) statuses to facilitate stay in Korea, the change of status may be denied


Spouse and Minor Children of Job Seekers (D-10)

- Change to F-3 status for accompanying family members is permitted if the total score for the job-seeking visa is 80 points or higher

※ The same criteria apply to accompanying family members of those exempt from the point system

- If existing accompanying family members are staying on F-3, the status can be maintained regardless of the score if financial capability is proven

※ Financial capability: The amount equivalent to the 'annual housing benefit standard per person x months of stay' per accompanying family member



Required Documents

< Basic Documents >

① Passport, one standard-sized photo, integrated application form


② Documents proving family relationship: Copies of marriage certificate and birth certificates, family registry, etc. (Household certificate for Japan, Taiwan)

※ Family relationship documents must be translated into English or Korean and consular confirmation or apostille is required

※ For spouses, proof of marriage continuity is required

※ For marriages registered in Korea between Americans or between Americans and foreigners

- Copy of marriage registration certificate (issued by the relevant local government head)

- AFFIDAVIT OF ELIGIBILITY FOR MARRIAGE (issued by the US Embassy in Korea, signed by a consular officer)

▶ If Americans or Canadians who got married in Korea register their marriage with the relevant local government office and receive a marriage registration certificate, the marriage is considered valid, and a separate marriage certificate is not issued in their home country.

③ Copy of the foreign registration card of the principal

④ Tuberculosis diagnosis certificate (if applicable, valid for 3 months): Issued by a public health center or a hospital designated by the Ministry of Justice

⑤ Documents proving place of residence

⑥ Documents proving enrollment if applicable (e.g., enrollment certificate)

※ Indicate enrollment status in the integrated application form (including non-enrolled children)

< Additional Documents as per Situations >

⑦ For spouses and minor children of E-7-4 holders

- Documents proving the principal’s assets of 20 million won or more (e.g., real estate registration certificate, lease contract)

⑧ For spouses and minor children of D-2 holders studying for more than 6 months in a bachelor’s degree or higher program (general countries)

- Documents proving living expenses and identification guarantee letter per accompanying family member

▸In addition to the student’s financial capability, additional proof of living expenses equivalent to the 'annual housing benefit standard per person x months of stay' per accompanying family member is required



As reviewed, it is generally not possible for accompanying family members of nationals from the 21 countries designated by the Ministry of Justice to change to F-3 status if the principal is on D-2.

They are required to apply for visas through overseas missions, and it is rare for F-3 visas to be approved for nationals from these 21 countries.

Therefore, some attempt to enter Korea on short-term visas and then try to change to F-3 status. While the principle is ineligibility, it is not always impossible. If there are sufficient humanitarian reasons, even nationals from the designated countries may be allowed to change to F-3 status (e.g., pregnancy/childbirth, or if the principal on D-2 is hospitalized due to an accident or illness and needs someone to care for them).

Immigration policies change frequently. Just because it was approved once does not mean it will always be approved, and just because it was denied once does not mean it will always be denied.



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