F-5 PR Disqualifying Conditions

. Requirements for Assessing Conduct, including Compliance with Korean Law

A person who does not fall under any of the following is recognized as having a prerequisite for conduct

1. A person sentenced to imprisonment or higher for violating the Immigration Control Act or other laws, where five years have not passed since the sentence was completed or waived; or a person given a suspended sentence of imprisonment or higher, where five years have not passed since the judgment became final.
2. A person sentenced to a fine for violating the Immigration Control Act or other laws, where three years have not passed since the fine was paid (if the fine was unpaid and the person was held in a workhouse, since the date the detention ended).
3. A person who violated Article 7 (1) or (4) or Article 12 (1) or (2) of the Immigration Control Act, where five years have not passed since the violation.
4. Those who have violated the Immigration Control Act three or more times in the five years prior to the application date. In this case, a person who received an administrative fine (gwatae-ryo) is excluded.
5. A person who has not left seven years since he left the country after receiving an order of forced eviction under Article 59 (2) of the Immigration Control Act, or who has not had five years since he left the country after receiving an order for departure under Article 68 of the Act.
6. A person sentenced abroad for a specific violent crime under Article 2 of the Act on Special Cases concerning the Punishment of Specific Violent Crimes, or for threat, extortion, fraud, drunk driving three or more times, voice phishing, or a drug offense; or a person sentenced abroad for another crime to a penalty equivalent to imprisonment or higher (permission is restricted for 10 years from the sentencing date). Overseas crimes are confirmed by a foreign criminal record certificate. However, the following persons can omit the overseas criminal record

① Major investor (F-5-5), doctor in advanced field (F-5-9), doctor in general field (F-5-15), ability holder in specific field (F-5-11), special contribution (F- 5-12) who applied for

② Person who is a criminal minor as of the application date

③ Those born in Korea, or who entered Korea before age 14, and have not stayed abroad for 6 or more consecutive months since age 14

④ A person who has previously submitted a criminal record certificate of his / her own country and has not stayed abroad for 6 or more consecutive months since.

※ Those who have stayed abroad for more than 6 months will be required to apply for a criminal record certificate issued by the government of the country of residence during their stay abroad.

⑤ Applicant for permission to change his / her permanent residence (F-5) status within 3 months of the date of issuance of the visa after submitting a criminal record certificate

1. Those who, in the past three years, received a fine (beomchik-geum) of 5 million won or more for violating the Immigration Control Act, or whose combined fines total 7 million won or more
2. A person subject to deportation under Article 46 (1) of the Immigration Control Act who was granted a stay permit on humanitarian grounds, where five years have not passed since the permit decision