The number of Koreans marrying foreigners is increasing, but it is difficult to immediately obtain a marriage (F-6) visa in Korea if the foreigner wishing to marry is in illegal residence. Below, we will look at how illegal aliens apply for a marriage (F-6) visa.
1. What is an illegal foreigner?
Foreigners staying in Korea can stay in Korea within the scope of their residency qualifications and period of stay. Foreigners who stay in Korea beyond the period of stay are subject to deportation and a fine of up to 30 million won.
2. How to apply for a marriage (F-6) visa for illegal foreigner
There are two ways for illegal aliens to apply for a marriage (F-6) visa
1) Apply for a marriage (F-6) visa in Korea
Illegal foreigners are generally prohibited from changing their marriage (F-6) visa within the Republic of Taiwan, and can change their visa to a marriage (F-6) visa within the Republic of Korea only if humanitarian reasons such as pregnancy or childbirth are recognized. there is.
Foreigners who have been ordered to leave the country for criminal offenses, etc., can be converted to a marriage (F-6) visa within the Republic of Korea after reviewing the seriousness of the criminal offense if humanitarian reasons such as pregnancy or childbirth are recognized.
In this case, a fine of up to 30 million won will be imposed depending on the period of illegal stay, and in practice, the marriage (F-6) visa will be changed only after payment of the fine. Therefore, if an illegal alien is preparing to change his/her marriage status (F-6) in Korea, he/she must also consider paying the fine.
2) After voluntarily leaving the country, apply for a marriage (F-6) visa at the embassy abroad
If there are no humanitarian reasons such as pregnancy or childbirth, you must voluntarily report, leave the country, and re-enter the country by applying for a marriage (F-6) visa at the embassy of your home country. Even if the marriage (F-6) visa is a general case with no history of illegal stay, there are many required documents to prepare and the screening process is very strict, so you must prepare sufficient relevant documents before leaving the country.
In particular, you must accurately check whether you are prohibited from entering the country during the voluntary reporting process, and even if you voluntarily report and leave the country, there is a possibility that your marriage (F-6) visa will be denied due to illegal stay. Therefore, in order to re-enter the country smoothly, you will need to get professional legal help and voluntarily report your case before leaving the country.
3. Necessity of legal consultation with a lawyer
Many Koreans who have an international marriage mistakenly believe that a marriage (F-6) visa will be issued immediately after registering the marriage. However, registering a marriage does not necessarily mean that a marriage (F-6) visa will be issued. In order to receive a visa, you must meet the requirements set forth in relevant laws and regulations.
In particular, illegal foreigners are, in principle, restricted from changing their marriage (F-6) visa within the Republic of Korea and are subject to fines. Therefore, legal consultation with a professional lawyer will be necessary regarding the issuance of a marriage (F-6) visa. I will provide the best legal help based on my experience working as an immigration official.
* This is related to immigration policy as of the posting date. For specific details, we recommend that you contact the office for consultation (TEL: 031-8019-9328, Email: info@immikr.com).