1. What is the current stance of South Korea on immigration policies?

The current stance of South Korea on immigration policies is to attract skilled workers and professionals in certain fields, while maintaining strict regulations on low-skilled workers.

In recent years, South Korea has implemented various measures to attract highly skilled foreign workers, including the point-based system for permanent residency, the Employment Permit System (EPS) for low-skilled laborers, and the Gold Card system for foreign professionals.

At the same time, there are still limitations and restrictions on visas for low-skilled laborers, with a focus on protecting domestic jobs for Korean citizens. The government also prioritizes promoting cultural diversity and integration of immigrants into society.

2. How has South Korea’s immigration policies changed in the past 10 years?

South Korea’s immigration policies have undergone significant changes in the past 10 years, particularly with regards to the eligibility and rights of foreign workers and their families.

1. Foreign Workforce Policy

In 2008, South Korea introduced a point-based system for evaluating potential foreign workers seeking employment in the country. The system prioritized skilled labor over low-skilled labor, resulting in an increase in highly educated and skilled foreign workers entering the country.

In 2015, South Korea implemented a new law that allowed for migrant workers to switch jobs without having to leave the country, giving them more job mobility and protection from exploitation by employers. This was a significant change as previously, workers were tied to one employer and could not leave without risking losing their visa status.

2. Marriage Migrant Policy

Prior to 2008, marriage migrants had limited rights in South Korea and faced significant barriers to naturalization. However, in recent years there have been efforts to integrate marriage migrants into Korean society through education programs on language and cultural norms.

Additionally, in 2012, the Immigration Control Act was amended to allow marriage migrants who have been married for at least two years to apply for permanent residency instead of the previous requirement of being married for five years.

3. Acquisition of Citizenship

In 2010, amendments were made to the Nationality Law which allowed children of mixed nationality parents born within or outside of South Korea to acquire citizenship if either parent held South Korean citizenship at the time of their birth. This change aimed to address discrimination against biracial people and provide equal opportunities for them.

4. Easing Visa Restrictions

In recent years, South Korea has also taken steps to ease its visa restrictions for travelers from various countries such as India and Southeast Asian nations. In 2019, it announced plans to introduce an electronic travel authorization system allowing visitors from certain countries a short-term stay without obtaining a visa beforehand.

5. Refugee Policy

The number of asylum seekers in South Korea has significantly increased in the past decade, leading to the need for a more developed refugee policy. In 2013, the Refugee Act was amended to extend the duration of temporary humanitarian stay permits from six months to one year, providing refugees with more stability and protection.

Overall, South Korea’s immigration policies have become more inclusive and accommodating towards foreign workers and their families, as well as visitors from different countries. The changes reflect the increasing globalization and diversity within Korean society and an attempt to address labor shortages in certain industries.

3. Does South Korea have a merit-based or family-based immigration system?

South Korea has both a merit-based and family-based immigration system. The country has various visa categories for skilled workers, investors, students, and professionals who have job offers or qualifications in high-demand sectors. There is also a points-based system for skilled workers, with points granted for education, work experience, language proficiency, and age.

On the other hand, South Korea also has a family-based immigration system where foreign nationals can obtain visas through sponsorship from their Korean family members who are permanent residents or citizens of the country. This applies to spouses, children, parents, and grandparents of Korean nationals or permanent residents.

Overall, South Korea places more emphasis on the merit-based immigration system to meet its economic needs and labor shortages, while also allowing for family reunification through its family-based immigration policies.

4. Are refugees and asylum seekers welcome in South Korea under the current immigration policies?

Yes, South Korea has an open-door policy for refugees and asylum seekers, and the government has various programs to assist them with their resettlement. However, the country’s immigration policies are quite strict and it can be difficult for refugees to obtain legal status. As a result, many asylum seekers face challenges such as limited access to employment opportunities and social services. There have also been cases of discrimination and xenophobia towards refugees in South Korea.

5. What are the requirements for obtaining a permanent resident status in South Korea?

To obtain permanent resident status in South Korea, an individual must meet the following requirements:

1. Length of stay: The applicant must have lived in South Korea for at least five consecutive years as a long-term resident.

2. Purpose of stay: The applicant’s purpose of stay during the five years must be in one of the following categories: employment, marriage to a Korean national, or descendant or ascendant of a Korean national.

3. Income and assets: The applicant must demonstrate sufficient income and assets to support themselves and their family without relying on public assistance.

4. Language proficiency: The applicant must have completed at least an intermediate level of Korean language proficiency test or have proof of attending at least 60 hours of Korean language course from an accredited institution.

5. Good conduct: The applicant must not have committed any serious crimes during their time in South Korea and have a history of good behavior.

6. Integration into society: The applicant must show evidence of integration into the local community, such as participation in cultural activities or volunteer work.

7. National security clearance: The applicant must pass a national security clearance background check.

8. Health requirements: The applicant must undergo a medical examination and provide proof of good health.

9. Other supporting documents: The applicant may be required to submit additional documents depending on their specific situation, such as proof of financial stability, employer sponsorship letter, or marriage certificate.

It is important to note that each case is reviewed individually, and meeting these requirements does not guarantee approval for permanent residency.

6. How does South Korea handle undocumented immigrants?

South Korea has strict immigration policies and does not have a specific system for handling undocumented immigrants. Instead, they are subject to deportation if discovered by authorities.

1. Identification and Arrest: Undocumented immigrants in South Korea are at risk of being identified and arrested by the Immigration Office during routine checks or regular patrols.

2. Detention: Once arrested, undocumented immigrants are usually detained in an immigration detention center until their status is determined. They may be granted temporary release under certain circumstances, such as health or humanitarian reasons.

3. Investigation: During their detention, undocumented immigrants face an investigation by the Immigration Office to determine their identities and reasons for staying in the country illegally.

4. Deportation: If found to be in violation of immigration laws, undocumented immigrants are deported from South Korea and banned from re-entering the country for a certain period of time.

5. Education and Awareness: In recent years, the South Korean government has started implementing measures to raise awareness about the consequences of illegal immigration through education programs targeting foreign residents.

6. Policy Changes: In 2019, a new policy was introduced whereby undocumented immigrants can voluntarily come forward and apply for work permits without fear of prosecution as long as they meet certain criteria. This policy aims to reduce the number of undocumented immigrants living in South Korea and regulate their working conditions. However, it remains controversial and has been criticized for not providing a clear path to legal residency status.

7. Are there any special provisions for skilled workers in South Korea’s immigration policies?

Yes, there are several special provisions for skilled workers in South Korea’s immigration policies. These include the following:

1. Employment (E-7) Visa: This visa is specifically for skilled workers who have been hired by a Korean company to work in occupations that require specialized skills and knowledge.

2. Points-based System: Skilled workers can apply for a points-based system, known as the F-5 permanent residency visa, which allows them to stay and work in Korea indefinitely.

3. Free Trade Agreements (FTA): South Korea has entered into several FTAs with countries such as the US, Canada, and Australia, which provide special treatment for skilled workers from these nations.

4. E-9 Visa: This visa is available to foreign nationals who come to Korea to work in industries such as fishing, construction, agriculture, manufacturing, or other manual labor jobs that require specific skills.

5. Employment Permit System (EPS): Under this program, Korean employers can hire foreign workers from designated countries for low-skilled jobs that are not filled by local labor.

6. Overseas Korean Work Program: Foreign nationals of Korean descent can apply for this program if they have at least one parent or grandparent of Korean nationality. It allows them to work in Korea for up to 3 years without a separate visa.

7. Fast-track Entry System: Highly skilled foreign professionals or entrepreneurs in industries such as IT, finance, science and technology can apply for this system to expedite their entry into Korea and receive a multiple-entry F-5 visa.

Overall, South Korea has various provisions in place to attract and retain skilled workers from overseas in order to support its growing economy and promote international competitiveness.

8. Is there a quota system for different types of immigrants in South Korea?

No, there is no quota system for different types of immigrants in South Korea. However, the government does have different visa categories and requirements for each type of immigrant, such as skilled workers, international students, and family members of Korean citizens or permanent residents.

9. Are foreign students allowed to work and stay after graduation in South Korea under the immigration policies?

Yes, foreign students who have graduated from a South Korean university can apply for permission to work and stay in the country under the immigration policies. The eligibility and requirements may vary depending on the type of visa held by the student, their intended period of stay, and job prospects in their field.

Generally, international students holding a D-2 visa (study abroad), which is issued for studying at a degree program at a recognized educational institution, can apply for a post-study work permit called the D-10 visa. This allows them to seek employment or start their own business in South Korea during the validity of their visa.

To be eligible for the D-10 visa, students must have completed at least two years of study at an accredited university in South Korea and hold satisfactory grades. They must also secure a contract or offer letter for employment from a registered company or submit a detailed business plan if starting their own business.

Additionally, certain special/short-term permits may also allow foreign graduates to stay in South Korea for up to six months after graduation to search for employment opportunities.

It is important to note that different regulations may apply to international students who are enrolled in language programs or non-degree courses. Therefore, it is recommended to check with the relevant authorities or consult an immigration lawyer for specific details related to individual cases.

10. What measures does South Korea have in place to prevent illegal migration?

South Korea has several measures in place to prevent illegal migration:

1. Strict Visa Requirements: South Korea has strict visa requirements for migrants entering the country, requiring them to have a valid passport and obtain the appropriate visa for their purpose of travel.

2. Border Control: The country has tight border control measures in place, including a sophisticated biometric immigration control system that identifies individuals based on fingerprint and facial recognition technology.

3. Crackdown on Smuggling Networks: South Korean authorities regularly conduct crackdowns on networks smuggling migrants into the country, particularly through its porous borders with China and North Korea.

4. Immigration Screening: Upon arrival, all passengers are screened by immigration officials to ensure they meet the entry requirements and do not pose a security risk.

5. Immigration Detention Centers: For those caught entering South Korea illegally, there are detention centers where they may be held until their deportation or repatriation can be arranged.

6. Deportation/Repatriation: Those found to have entered the country illegally are deported or repatriated back to their home country as soon as possible.

7. Joint Operations with Other Countries: South Korea collaborates with other countries, including Laos, Cambodia and Vietnam, to strengthen anti-smuggling measures and deport illegal migrants back to their home countries.

8. Employee Verification System: Employers must verify the immigration status of foreign workers before hiring them, helping to prevent illegal employment and exploitation of migrant workers.

9. Legal Assistance Program: The government provides legal assistance and advice to undocumented migrants who have been identified as victims of human trafficking or other forms of abuse/exploitation by their employers or smugglers.

10. Public Education Campaigns: The government also conducts regular public education campaigns about the dangers of illegal migration, particularly through social media platforms targeted at potential migrants in neighboring countries.

11. Does South Korea’s immigration policy prioritize certain countries or regions over others?

South Korea’s immigration policy does not prioritize certain countries or regions over others. Instead, the country follows a merit-based system where immigrants are selected based on their skills and qualifications regardless of their country of origin. However, in some cases, certain nationalities may be exempt from visa requirements or given preferential treatment for specific types of visas. For example, citizens of ASEAN (Association of Southeast Asian Nations) member countries are eligible for a streamlined process for obtaining a work permit in South Korea under the ASEAN-Korea Free Trade Agreement. Additionally, spouses and children of Korean citizens or permanent residents may also have easier access to the country’s immigration policies.

12. Are there any age restrictions for immigrants coming to South Korea?

Yes, there are age restrictions for immigrants coming to South Korea. The age limit varies depending on the type of visa an individual is applying for.

For example, individuals who want to apply for a working visa must be between 18 and 59 years old. However, those who apply for a study visa must be under 20 years old.

Additionally, individuals who want to obtain permanent residency in South Korea must be between 19 and 54 years old. There are also different age limits for other types of visas such as marriage/spousal visas and investor visas.

It is important for immigrants to research their specific type of visa and its corresponding age requirements before applying to come to South Korea.

13. Is it possible to appeal a decision made by the immigration authorities in South Korea?

Yes, it is possible to appeal a decision made by the immigration authorities in South Korea. If you disagree with the decision made on your visa application or other immigration matters, you can file an appeal at the Immigration Office within 14 days of receiving the notification of denial. The appeal process may differ depending on the specific situation and type of visa you are applying for. It is recommended to seek assistance from a lawyer or immigration specialist to guide you through the appeals process.

14. How long does the process of obtaining citizenship take under South Korea’s immigration policies?

The time for obtaining citizenship in South Korea varies depending on the individual’s circumstances. For those who are married to a South Korean citizen, the process can take between one to three years. For individuals with no family ties to South Korea, the process can take longer and may require a longer period of residency in the country. This can range from five to seven years. The process may also be affected by other factors such as language proficiency, employment status, and criminal record. It is best to consult with an immigration lawyer for specific timelines and requirements for your particular situation.

15. Are there any language or cultural integration requirements for immigrants?

Language requirements vary depending on the country and type of immigration visa. Some countries may require immigrants to demonstrate proficiency in the official language or pass a language test before being granted a visa. In terms of cultural integration, most countries expect immigrants to respect and abide by the local laws, customs, and traditions. Some countries also provide resources and support for immigrants to learn about the local culture and integrate into society.

16. Can an immigrant bring their immediate family members with them when moving to South Korea?

Yes, an immigrant can bring their immediate family members with them when moving to South Korea. Immediate family members include spouse, parents, and children under the age of 19. They will need to apply for a dependent visa and meet certain requirements, such as having proof of relationship and sufficient financial support.

17. Are there any incentives or benefits offered to attract foreign investors under the immigration policies of South Korea?

Yes, there are several incentives and benefits offered to attract foreign investors under the immigration policies of South Korea:

1. Employment-based visas: South Korea offers various employment-based visas to foreign investors who wish to start a business in the country. These include the E-7 visa for highly skilled workers, E-2 visa for teaching English, E-3 visa for specialized technicians, and C-4 visa for short-term assignments.

2. Start-up visas: The start-up visa is a special category designed specifically for entrepreneurs looking to establish a business in South Korea. It allows them to stay in the country for up to six months, during which they can finalize their business plans and apply for long-term visas.

3. Investor-friendly regulations: South Korea has implemented various laws and regulations that make it easier for foreign investors to do business in the country. For example, the Foreign Investment Promotion Act provides incentives such as tax breaks, subsidies, and simplified administrative procedures for foreign investors.

4. Tax benefits: Foreign investors may receive tax benefits depending on their investment size and industry sector. These include reduced corporate income tax rates or exemptions from value-added tax (VAT) on imported goods used for their businesses.

5. Special economic zones: South Korea has established several special economic zones (SEZs) that offer various incentives such as tax breaks, rent-free land leases, and streamlined administrative processes to attract foreign investment.

6. Strategic industries promotion programs: Foreign investors may also qualify for government-funded programs aimed at promoting investments in strategic sectors such as technology, healthcare, tourism, and renewable energy.

7. Visa issuance support: The Korean Immigration Service provides assistance with visa issuance procedures to foreign investors investing more than 500 million won (approximately USD $450,000) or creating five or more jobs in certain industries.

8. Fast-track immigration services: Foreign executives or employees of major companies investing significant amounts of capital in South Korea can benefit from fast-track immigration services, such as expedited visa processing and registration.

9. Permanent residency options: Foreign investors can also apply for permanent residency in South Korea if they have invested more than 300 million won (approximately USD $270,000) and have been engaged in business activities for a certain period of time.

Overall, South Korea’s immigration policies are geared towards attracting foreign investment and promoting economic growth. These incentives and benefits make it an attractive destination for foreign investors looking to establish their businesses in Asia.

18. Does South Korea offer any type of temporary work visas for foreigners? If yes, what are the requirements and validity period?

Yes, South Korea offers several types of temporary work visas for foreigners. These include the C-4 (short-term employment), E-7 (specially designated activities), E-9 (non-professional employment), and H-2 (working holiday) visas.

The requirements and validity period vary depending on the type of visa. Generally, applicants must have a job offer from a Korean company, meet certain educational or work experience criteria, and pass medical examinations.

The C-4 visa is valid for up to 90 days and can be extended once for an additional 90 days. The E-7 visa is typically valid for up to two years, while the E-9 visa is usually valid for one year. The H-2 visa is valid for one year but can be extended for up to three years in some cases.

19. How are international marriages and partnerships recognized and supported under the immigration policies of South Korea?

International marriages and partnerships are generally recognized and supported under the immigration policies of South Korea. There are several visa options available for foreign spouses and partners to enter and reside in the country:

1. Spousal Visa (F-6): This visa is available for foreign nationals who are married to Korean citizens or holding a valid marriage registration with a Korean citizen. It allows the foreign spouse to live in South Korea and engage in any activity, including employment.

2. Working Holiday Visa (H-1): This visa is available for citizens of certain countries aged between 18 to 30 years old, who wish to visit South Korea for an extended period of time while working part-time.

3. Work Visa (E-type): This visa is available for foreigners who have been offered a job by a South Korean company or organization.

4. Student Visa (D-type): This visa is available for foreign students who have been accepted into a university or language institute in South Korea.

5. Dependent Visas: Foreign family members of individuals with work or study visas can apply for dependent visas that allow them to reside in South Korea.

In addition, there are also various support programs and services provided by the government for international couples and their families, such as language classes, cultural integration programs, and counseling services. The Ministry of Justice also offers guidance on relevant laws and regulations pertaining to international marriages and partnerships.

20.Is dual citizenship allowed inSouth Korea according to its immigration laws?

Yes, South Korea allows dual citizenship for specific categories, such as those who obtained dual citizenship at birth or those who acquire a second citizenship due to their parents’ nationality. However, naturalized citizens are required to renounce their previous citizenship before being granted South Korean citizenship.