Ministry of Justice significantly expands the target of granting status of residence to guarantee foreign children's right to education
(Not only those born in Korea, but also those who enter the country in infancy and infancy are included, and the period of stay requirement has been relaxed from 15 years to 6 or 7 years)
From ’22. 2. 1. to ’25. 3. 31.
<The Reason Why The Implementation Period Is Temporarily Operated>
In the case of regular implementation of the system for all children staying in Korea, there is a high concern about side effects such as illegal immigration by means of children, so the implementation period is temporarily operated to prevent this.
Relief targets and measures
Children eligible for relief
- A person who meets all of the following requirements at the time of application
- Born in Korea or entered in infancy* (under 6 years of age)
- Staying in Korea for 6 years or longer
- As of the date of application, students enrolled in elementary, middle, or high school in Korea or graduated from high school
* “Infancy” refers to a preschool child under the age of 6 (Article 2, No. 1 of the Infant Care Act)
- Entering Korea after infancy
- Staying in Korea for more than 7 years
- As of the date of application, attending elementary, middle, or high school in Korea or graduating from high school
※ Even if the qualification requirements were not met at the time of implementation of the system, applicants who have met all of the above requirements by March 31, 2025, the enforcement period, can apply.
Actions on children
-Immigration and foreign offices (office) grant children qualifications to stay under the conditions of compliance* after receiving the application and conducting a fact-finding survey, etc.
* Compliance with law and order, maintaining a sincere academic life, etc.
- If you are currently attending middle school or high school as of the application date
Grant status of residence (D-4) for study until high school graduation
- If you have graduated from high school as of the application date
If you meet the qualifications for studying or working, change to the relevant status of residence
If you do not meet the requirements to change your status of residence to study or work, grant or change your status of residence to temporary status of residence (G-1) for 1 year
- In case of non-compliance with conditions such as expulsion or criminal activity
In accordance with the Immigration Control Act, the status of stay or extension of the period of stay is not permitted
Actions against parents of children
Actions to be taken
Departure is the principle, but in order to raise minor children, stay in Korea is temporarily allowed until the child graduates from high school or becomes an adult.
1. Imposing fines for parental violations of the law
When a child applies for a residence permit, the child's parents are informed of the imposition of penalties* for the parent's illegal stay
* 30% of the original penalty amount is imposed. However, if the ability to pay the penalty is insufficient or there is a reason for not being able to pay the penalty in the actual situation investigation related to the child's application for permission to stay, the penalty reduction or exemption will be actively implemented
If the parents pay the penalty, measures such as granting temporary status of residence (G-1) until the child graduates from high school and permission for activities other than the status of stay for raising children
2. Temporary stay permit and departure measures
When a child graduates from high school or becomes an adult, they must leave the country on their own. Departure measures and restrictions on re-entry in case of illegal stay without leaving the country
Information on application documents and inquiries
- Information on application form and required documents: Refer to the website of the Ministry of Justice Immigration Policy Headquarters (www.immigration.go.kr) or Hi Korea website (www.hikorea.go.kr)
- Application Inquiries: Residence reception counter at each immigration office (office) having jurisdiction over the place of stay
If you need help to fill out the forms, please contact Da Young.