Residence permit and permanent residency in South Korea 

If a foreign citizen plans to stay in South Korea for a longer period of time, or to reside there, they need to contact the migration office of the country, register in it and get a residence permit.

You can become a permanent resident of South Korea after living in the country for at least three years with a residence permit. For certain categories of immigrants – large investors, heads of South Korean representative offices of international companies, scientists and individuals who have made a significant contribution to the development of the country, obtaining the status of a permanent resident becomes available immediately, without a three-year period with a residence permit. Permanent residency is issued by a special government decision. 

A status of a permanent resident has to be confirmed every decade. This procedure is free. The issuance and confirmation of the permanent residency is carried out by the Department of Migration Affairs. The period of consideration of the application is about three months, so it should be submitted in advance before the expiration of the current permit.

The status of a permanent resident can be lost if its owner does not live in the territory of South Korea for more than five consecutive years and has never appeared within the borders of the state during this period.

Additional documents when receiving permanent residency will be confirmation of the source of income in the territory of South Korea, and a certificate on the absence of problems with payments to the country's budget. It will also require a certificate from the South Korean police stating that the applicant has conflicted with its law during their stay in the country.

The main advantages of the status of a temporary resident of South Korea are:

• Legal long-term residence in a prosperous and developed country;
• The opportunity to use the South Korean system of education and medicine on preferential terms (the latter is considered one of the best in the world);
• Investing funds in the dynamically and steadily developing economy of South Korea, conducting business on its territory;
• The possibility of purchasing real estate within the country;
• Legal work in a South Korean company and high wages;
• Studying at a South Korean educational institution, which gives excellent employment prospects both in South Korea and in many developed countries of the world.

The benefits of the South Korean resident status do not end there. Usually, the owner of residence permit has the right to move their family. Under certain conditions, they can become a South Korean citizen.

Methods of immigration to South Korea

Korean immigration law defines several ways to immigrate and acquire resident status:

• Professional immigration;
• Marriage with a citizen of South Korea;
• Family reunification;
• Ethnic Korean origin;
• Investing in the South Korean economy and registering a business;
• Studying at a South Korean university;
• Additional methods of immigration.

1. Residence permit and permanent residency with professional goals

A foreign specialist must have a valid contract with a South Korean company to apply for a residence permit. It has to be approved by the Ministry of Labor, since in South Korea citizens of the country are given preference during employment. The managing figures of the company will have to make certain efforts in order to prove the necessity of hiring a foreigner.

The employer deals directly with the issuance a residence permit.

A residence permit is initially issued for one year, then it is extended for two years. After three years, you can apply for permanent residency. Executives and senior managers of large international companies can become permanent residents of South Korea immediately, without three years of residence with a permit. They will need special permission from the country's government to accomplish this. 

A professional residence permit allows its owner to move his family, the members of which will also receive resident status.

With a residence permit, a foreign specialist has the right to work only in the company at whose invitation he came to South Korea. Permanent residency provides an opportunity to change your workplace or start your own business.

• Peculiarities of emigration of children and pensioners
  1) Children receive a document for the right to reside in South Korea at the same time as their parents. The latter submit an application together. If there is only one parent immigrating with a minor child, they will have to provide a documentary explanation for the absence of the other. At the same time, the reason must be objective – death, long-term imprisonment, deprivation of parental rights or recognition of incapacity. Otherwise, a notarized power of attorney will be required, with which the absent father confirms his consent to the child's relocation to South Korea.
  
  
  2) Pensioners can immigrate to South Korea at the invitation of children and it will be a family reunification. You can also ask for a residence permit based on the need for children to care for elderly parents, if no one can do it in the homeland. At the same time, the children must be citizens of South Korea. Pensioners will need confirmation from the pension fund in their home country about the amount of pension paid to them. Its size will not affect the decision of the immigration authorities if the elderly parents move in with the children and become their dependents. At the same time, children must show a sufficient level of income for South Korea.
  
  
  Residence for forced migrants
  
  Forced migrants who have requested asylum in South Korea are also eligible for residency status if they are officially recognized as refugees by the South Korean authorities. After living in South Korea for five years and reviewing the case, the country's authorities can offer them to return to their homeland or accept South Korean citizenship.
  
  
  The Department of Migration Affairs of South Korea handles the issuance of a resident status. Its representative offices (migration departments) are located in police stations in the country. The period during which the documents and the application are considered is usually one month. In some cases, it will increase to two. It all depends on the workload of South Korean officials and the absence of additional questions to the applicant.
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  What documents are required?
  
  Along with the application, the applicant should provide a substantial package of documents. It includes:
  • An up-to-date foreign passport with a validity period of at least one year;
  • Civil passport and photocopies of all its important pages;
  • Marital or divorce certificate;
  • Medical certificate on the absence of socially dangerous diseases.
  • Medical examination should be done in a South Korean clinic, regardless of whether it is public or private;
  • Documentary confirmation of financial capacity. For this, you need to provide a statement from the bank account on the availability of funds).
  • For foreigners hired by a South Korean company, confirmation will be a contract indicating the employee's salary and a copy of the company's registration certificate;
  • Long-term housing lease agreement or declaration of real estate ownership;
  • Four color passport-size photos;
  • The applicant's autobiography.
  
  
  Additional documents will also be required for different categories of applicants:
  • Birth certificates of children;
  • Confirmation of family ties with South Korean citizens;
  • Various international certificates for employees, etc.
  
  
  All documents should be provided in a Korean translation. Most of them need to be notarized. You should treat the translation of the documents with responsibility and assign this to an accredited translator, or to a bureau, since an incorrect translation is often the cause of the immigration authority’s rejection of the application.
  
  
  • Refusal to grant resident status
    The South Korean authorities quite often refuse to grant foreigners residence permits and permanent residence permits. 
    The grounds for refusal may be:
    • Lack of documents;
    • Incorrect information about yourself;
    • Problems with the law at home or already in South Korea;
    • Service in the ranks of the foreign army, police or special services, as well as work in one of the foreign government agencies;
    • Suspicion of links with international crime or terrorism;
    • Systematic violation of the immigration legislation of South Korea;
    • Insufficient level of income or its unclear origin.
    
    
    In case of a rejection, you should address the Supreme Court of South Korea. Immigration matters are heard by a separate judge. When preparing an appeal, you can use the services of a lawyer, which is not cheap, but very effective. The deadline for submission is no more than two weeks from the moment of refusal. The appeal may be submitted in Korean or English. At the time of the hearing, a foreigner can provide a certificate that his case is being considered in the Supreme Court as a document about the legality of his stay in the country.
    
    
    Important! The last stage of immigration will be the acquisition of citizenship. South Korea does not recognize dual citizenship, so you will have to give up your former one, or to be content with life with a permanent residence permit. Only ethnic Koreans can become an exception.
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    • Acquisition of citizenship
      Dual citizenship forbidden.
      
      You can get citizenship in this country in three ways:
      • By birth near South Korea.
      • By the right of origin.
      • Through naturalization.
      
      
      The most common way today is to acquire citizenship through naturalization on general grounds.
      
      
      Features of naturalization
      If a foreigner does not have blood relatives or a spouse in South Korea, special conditions for naturalization may be applied to them.
      
      
      A foreigner will be entitled to South Korean citizenship if:
      • They will reside in the country for five or more years.
      • They are of legal age.
      • They have sufficient funds for existence.
      • Also, a foreigner must confirm knowledge of the language and customs of the country of which he wants to become a citizen. Foreigners are naturalized after a five-year stay near South Korea.
      
      
      An important condition is the law-abidingness of a foreign person. The resident must not violate either the immigration rules or the laws of this state.
      Foreign persons who lead an economically active lifestyle have the right to naturalization. That is, a foreigner who wishes to obtain citizenship undertakes to provide a document that proves the availability of a permanent workplace and income.
      
      
      Passport documents
      In order to obtain a South Korean passport, a foreigner must provide a solid list of documents. The list of required references include a certificate of passing the test in country studies. The test is given in writing in the state language. Thus, examiners also check the level at which a foreigner speaks Korean.
      
      
      The necessary documents should include:
      • Application for naturalization;
      • Passport and certificates (it is necessary to add both originals and high-quality photocopies);
      • Photocopy of the document on marital status;
      • Certificate of financial capability;
      • Certificate of real estate registration;
      • Document proving legal employment;
      • 100 American dollars fee.
      
      
      Some categories of people have good chances of obtaining South Korean citizenship:
      • Investors;
        
      • Spouses of citizens of South Korea;
      • Forced migrants;
      • Foreigners who have made a significant contribution to the development of South Korea;
      • Ethnic Koreans.