Overview
If you have received a notice of penalty (fine) for violating the Immigration Act or a court fine, the good conduct requirement becomes an issue in later status changes and extensions. Disqualifiers and deductions are set status by status, and the look-back periods are counted backwards from the application date, not from the date of the penalty.
This article covers the disqualifiers and deductions for the points-based talent category (F-2-7), the law-abiding citizen education applied to Residence (F-2) changes and extensions, and the restricted persons for Job Seeking (D-10). A violation record does not block every application; cases that are not caught are distinguished from cases that can be approved after education. Prospects of cancelling a penalty or appealing an individual case are not covered.
At a Glance
| Item | Detail |
|---|---|
| Points-based talent (F-2-7) disqualifiers | Imprisonment or heavier sentence within 5 years of the application date (suspended sentences and foreign punishments included) / 3 or more Immigration Act violations within 3 years with notices of penalty totalling KRW 5 million or more / a court fine of KRW 3 million or more within 3 years / false documents at application or within the last 3 years / grounds for an entry ban |
| Points deductions (up to 70) | Notice of penalty (paid within 3 years of the application date): KRW 500,000 to under 1 million -10, 1 million to under 3 million -20, 3 million or more -30. Departure order or deportation (imposed within 5 years) -30. Criminal punishment: court fine under KRW 2 million -20, 2 million to under 3 million -30, 3 million or more -40 |
| Court fine of KRW 3 million or more, or imprisonment or heavier | If the sentence became final within 3 years of the application date, a points-based status change is not allowed; after 3 years, 40 points are deducted |
| Residence (F-2) education | Applies to those about to change to or extend Residence (F-2) with a confirmed violation of domestic law. The violation period runs from the case closing date: 10 years for a change, 5 years for an extension |
| Exempt from education | Anyone who completed it before with no further violation / anyone with 1 or fewer violations who received a non-prosecution or a fine or penalty of KRW 1 million or less (excluded once 10 or 5 years have passed) |
| Job Seeking (D-10) restrictions | Imprisonment or heavier within 5 years, deportation or departure order within 5 years, a court fine of KRW 3 million or more within 3 years, or a penalty that triggers a stay restriction (first offence KRW 5 million or more; repeat offence KRW 7 million or more in total over the last 3 years) |
Scope of Activity
- Periods run from the application date: periods such as 5 or 3 years are counted backwards from the application date, not from the date of the penalty. The reference date is the payment date for a notice of penalty, the payment date for a court fine (the end of workhouse detention if detained), and the case closing date (non-prosecution date or fine payment date) for the education look-back
- Continuity of stay: after a complete departure through a departure order or deportation, the stays before and after are not treated as continuous even if the person re-enters within 30 days, and periods of illegal stay or illegal employment are excluded when counting continuous stay (the continuous-stay rule used in Residence (F-2) change reviews)
- Overseas criminal records are also reviewed for conduct. Sentences abroad for specified violent crimes and for intimidation, extortion, fraud, voice phishing, drugs and sexual crimes are listed as disqualifiers
- Not covered: prospects of cancelling or appealing an individual penalty, how a penalty amount is calculated, and status-specific details beyond this article
Who Qualifies
- Foreign nationals who received a notice of penalty and must soon apply for a status change or extension
- People with a court fine or suspended sentence who are preparing for the points-based talent category (F-2-7), permanent residence or another higher status
- People changing to or extending Residence (F-2) who want to check whether a violation record makes them subject to law-abiding citizen education
- People with a departure order or deportation history who are planning re-entry or a stay permit
- HR and recruiting staff reviewing how a foreign employee's violation history may affect future stay permits
Required Documents
- Documents confirming the penalty: the notice of penalty and payment receipt, the court judgment and fine payment record, a non-prosecution notice, or any document showing the case closing date and the amount
- Proof of law-abiding citizen education: the Immigration Integration Support Center issues a completion certificate, and the immigration officer approves the change or extension only after confirming completion. Education is applied for online through the Social Integration Information Network (www.socinet.go.kr)
- Overseas criminal record certificate: issued by your home government with an apostille or consular confirmation and issued within 6 months of the filing date. Check whether an exemption applies (for example, entry before age 14 with no long stay abroad afterwards, or a prior submission on file)
- Common documents for the status change or extension: application form, passport, ARC, fee, proof of residence and the status-specific documents (these differ by status, so confirm with the local office)
Application Process
- Check eligibility — confirm your current status, career, degree and contract type match the requirements.
- Prepare documents — foreign public documents need a translator's certification plus an apostille (or consular confirmation for non-member states).
- Book a visit — reserve a slot at your Immigration Office via HiKorea (www.hikorea.go.kr), or file online where e-Application is available.
- File and pay — submit the Integrated Application Form (Form No. 34) and pay the screening fee.
- Review — respond to any request for supplementary documents within the deadline.
- Result — on approval, the period of stay and status are granted; reissue your ARC if required.
Key Points
- In the points-based talent category (F-2-7), deductions are capped at 70 points; Immigration Act violations are banded by the amount of the notice of penalty and criminal punishments by the amount of the court fine. A departure order or deportation is -30 regardless of amount and applies if imposed within 5 years of the application date. A notice-of-penalty deduction applies only if it was paid within 3 years of the application date.
- A court fine of KRW 3 million or more, or imprisonment or heavier, makes a points-based status change not allowed if the sentence became final within 3 years of the application date; after 3 years it is a 40-point deduction. A court fine under KRW 3 million is deducted by its band regardless of when it became final.
- Even if you are subject to law-abiding citizen education for a Residence (F-2) change or extension, approval is possible once you complete it. For a subject whose first extension falls after the guideline took effect, completion is requested by the next extension; from the second time, a newly found violation requires completion before extension. With 1 or fewer violations and a non-prosecution or a fine or penalty of KRW 1 million or less, approval is possible without the education.
- For Job Seeking (D-10), a penalty-based restriction applies at KRW 5 million or more for a first offence and KRW 7 million or more in total over the last 3 years for a repeat offence. The figures here are limited to the statuses covered in this article; confirm other statuses and later revisions with the local immigration office. Approval is decided case by case and no result is guaranteed.
- Documents issued in Korea must normally be dated within 3 months unless another validity period applies.
- Documents already on file in your alien registration record need not be resubmitted.
- Health certificates, drug test results and pre-employment medical reports must be submitted sealed by the issuing hospital (do not open).
- You must be in Korea when applying; leaving the country after filing may result in refusal.
- Screening fees are non-refundable once the application is accepted.
- The head of the Immigration Office may add or waive documents where necessary for review.
Frequently Asked Questions
Q. Does a penalty I paid long ago still cost me points?
A. In the points-based talent category (F-2-7), a notice-of-penalty deduction applies if it was paid within 3 years of the application date. For a departure order or deportation, the period is 5 years from the application date. The look-back runs from the application date, not from the date of the penalty.
Q. Is a court fine of KRW 3 million or more an automatic refusal?
A. For a points-based status change, a sentence that became final within 3 years of the application date is not allowed, and after 3 years it is a 40-point deduction. A court fine under KRW 3 million is deducted by its band (-20 or -30) regardless of when it became final.
Q. Can I not change to Residence (F-2) without law-abiding citizen education?
A. As a rule, applicants with a confirmed violation are approved after completing the education. However, if you have 1 or fewer violations and received a non-prosecution or a fine or penalty of KRW 1 million or less, or you completed the education before with no further violation, approval is possible without it.
Q. Where do I apply for the education?
A. Online through the Social Integration Information Network (www.socinet.go.kr). After completion the Immigration Integration Support Center issues a certificate, and the immigration officer approves the change or extension once completion is confirmed.
Q. If I leave under a departure order and re-enter within 30 days, does my stay stay continuous?
A. No. After a complete departure by departure order or deportation, continuity is not recognized regardless of whether re-entry is within 30 days. Periods of illegal stay or illegal employment are also excluded from continuous stay.