SOUTH KOREA: Stricter Policy for Illegal Keep

December 17, 2019

The Korean National Assembly is debating tougher charges when it comes to companies of unlawful residents. For people voluntarily reporting unlawful residence by 28 February 2020, penalties would be reduced or exempted.

Penalty Increases

Unlawful residents are susceptible to fines which range from KRW 1,000,000 for unlawful remains of lower than one to KRW 20,000,000 for illegal stays of three years or more month.

The most penalty for employers of unlawful residents is KRW 20,000,000 OR 36 months’ imprisonment. The proposed amendment presently under conversation would increase this to KRW 50,000,000 AND 5 years of imprisonment.

Voluntary Reporting for Prohibited Residents

For unlawful residents who voluntarily report their status that is residential by February 2020 consequently they are planned to leave the nation by 30 June 2020:

  • The penalty cost will be exempted.
  • A “Certificate of Voluntary Departure” is likely to be granted, letting them re-apply for a Korean visa in the long run. On reapplying, they’ll certainly be granted a single-entry C3 visa allowing a maximum stay of ninety days. Should they then leave the nation within ninety days, and without committing any illegal tasks, they might be eligible for a numerous entries and a lengthier timeframe of stay the very next time they submit an application for a visa.
  • They shall be permitted to make an application for TOPIK (Test of Proficiency in Korean). When they get degree 2 or above, they’ll be permitted to make an application for an E9 visa (for employees from particular nations just).

For illegal residents who voluntarily report their status that is residential by February 2020 but they are scheduled to leave the nation after 30 June 2020; OR

For unlawful residents that do perhaps maybe not voluntarily report their unlawful residential status by 28 February 2020 and tend to be caught by government research after 2 March 2020:

  • The penalty cost shall be imposed while the breach duration should be determined from 1 March 2020.
  • If they voluntarily reported their domestic status, any international national whom paid a penalty charge for unlawful residence are going to be prohibited from re-entry to Southern Korea for between 6 months plus one 12 months.
  • People who usually do not pay the penalty charge in complete is going to be permanently prohibited from entering Southern Korea.

Voluntary Reporting for Companies

Manufacturing industry

  • The voluntary reporting system will run between 11 December 2019 and 31 March 2020.
  • For companies who report during this time period, the penalty cost are going to be exempted and their illegally-resident workers will likely be permitted to remain for three more months through the reporting date.

Agriculture and fishing industry

  • The reporting that is voluntary will run between 11 December 2019 and 15 January 2020.
  • For companies whom report in this period, the penalty charge is going to be exempted and their illegally-resident workers may have appropriate opportunities for regular work. a visa that is new for regular employees (E8) is under conversation during the Ministry of Justice.

Tiny and businesses that are medium-sized the Employment allow System (EPS)

  • The voluntary reporting system will run between 11 December 2019 and 31 March 2020.
  • For companies whom report in this duration, 30% associated with the penalty fee shall be imposed. But, if they’re caught by federal government research with no reported, 100% of this cost is going to be imposed and they’ll be banned from hiring international nationals for at the very least 3 years. The penalty cost will be calculated by immigration officers in line with the period of the time scale of breach.
  • For illegal residents reported by their companies in this particular period, 30% associated with penalty charge will soon be imposed, and they’re going to be permitted to just work at the sponsoring company until their E9 visa expires. When they would rather work somewhere else, the Ministry of Employment and work may help them discover another task. However, if they’re caught by federal government research with out reported, 100% regarding the penalty cost should be imposed along with a forced departure order.

Case Studies

Case 1

A D8 visa owner sponsored by company A, inadvertently missed the extension due date with their Alien Registration Card (ARC).

  • A penalty fee shall be imposed. The time scale of breach will undoubtedly be determined through the after the ARC expiry date day.
  • Then the ARC holder will be exempted from the ban on re-entry if the immigration officer finds that the application deadline was missed by mistake.
  • All of the needed documents must certanly be ready and, more to the point, both ARC holder and boss must not have appropriate violations and unpaid fees.
  • There’s no big modification set alongside the policy that is current.

Instance 2

An D8 visa owner sponsored by business a has additionally been working at company B, which can be into the exact same team as company A.

The visa owner happens to be paid from both entities but his D8 visa ended up being sponsored by business A only, while the ongoing just work at company B had not been reported to your immigration workplace.

  • A penalty charge are going to be imposed for both the ARC company and holder B.
  • The time of violation shall be determined from the date the visa owner received re payments from business B, that exist via their withholding tax certificates.
  • The re-entry ban (for 6 months to 1 12 months) will be different from instance to instance, during the discernment of immigration officers, however it is likely that to be reproduced in most instances. The likelihood of the re-entry ban in such cases is just a brand new policy.
  • The D8 visa holder and their 2nd workplace want to show it was a straightforward blunder rather than tax avoidance that is deliberate.

Case 3

An E9 visa holder has finished just work at the visa sponsor company (company A). The E9 visa has validity that is remaining and also the owner has acquired an innovative new job at an unusual company (company B) to the office before the E9 expiration date.

  • Aside from visa type, working at a non-sponsoring business is dating sites for beard lovers unlawful while the Korean federal government will impose the stiffest laws in these instances.
  • A penalty fee for both boss and employee is going to be calculated through the date the visa owner began work on business B.
  • Year the visa holder will also receive a departure order and will be banned from re-entry to South Korea for between six months and one. If the penalty is certainly not compensated, the ban shall be permanent.

Companies whom could be impacted are encouraged to contact a Newland Chase immigration consultant for case-specific advice.

For basic information and advice on immigration and company happen to be Southern Korea, please contact us.

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