Can I apply for F5 visa permanent residence visa with PhD Degree while I am in charged with a violation ?
Question
Hello Sir,
I am PhD in Mechanical Engineering and I am working in a korean company for last 5 months. My job details are exactly same as my PhD studies research work.
Other than this there is one case going on me in the court, where I am charged
as “Aiding a Fraud (Which is due the reason that I was tricked into some fake job)”.
I want to ask can I apply for permanent residence visa (F5) for Korea?
Best Regards
Answer
Dear *********,
Thank you for your inquiry.
This is David Lee who is person in charge of F5 (Permanent residence) Visa.
According to your information, you may apply for F5-9 or F5-15 Visa.
Requirements for F5-9 Visa
1. Overseas PhD Degree holder in the field of high tech – IT, Nano, Bio, environment etc
2. A person who is employed by Korean company in the field of related major for at least 1 year as regular full-time employment
3. Income in last year should be at least the previous year's per-capita GNI (or net assets of at least the previous year's average)
4. There is exemption from KIIP and overseas criminal background certificate
Requirements for F5-15 Visa
1. Domestic PhD Degree holder in Korean university regardless of major
2. A person who is employed by Korean company for at least 1 year as regular full-time employment
3. Income in last year should be at least the previous year's per-capita GNI (or net assets of at least the previous year's average)
4. There is exemption from KIIP and overseas criminal background
Regarding to your criminal history, I have a few questions.
1. Has it happened in your country or in Korea ?
2. Is this case on trial now ? or already sentenced to penalty or something ?
If you violated domestic law, you need to wait until the results come out.
For a fine, you cannot qualify until 3 years have passed since you paid it. For a prison sentence (including a suspended one), 5 years must pass after the sentence is completed or becomes final, and the review is made case by case.
I hope that you will settle the problem and apply for F5 Visa in near future.
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