SOUTHERN KOREA: Stricter Policy for Prohibited Keep

17, 2019 december

The Korean National Assembly is debating tougher charges for the companies of unlawful residents. For people voluntarily reporting illegal residence by 28 February 2020, charges is supposed to be paid off or exempted.

Penalty Increases

Unlawful residents are susceptible to fines which range from KRW 1,000,000 for unlawful remains of not as much as one thirty days to KRW 20,000,000 for unlawful remains of 3 years or maybe more.

The most penalty for employers of unlawful residents is KRW 20,000,000 OR 36 monthsвЂ™ imprisonment. The proposed amendment currently 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 domestic status by 28 February 2020 consequently they are scheduled to go out of the nation by 30 June 2020:

The penalty fee will be exempted.
A вЂњCertificate of Voluntary DepartureвЂќ is likely to be given, 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. When they then leave the nation within ninety days, and without committing any illegal activities, they could be eligible for a numerous entries and a lengthier duration of stay the very next time they make an application for a visa.
They will be allowed to make an application for TOPIK (Test of Proficiency in Korean). When they get degree 2 or above, they’ll be permitted to submit an application for an E9 visa (for employees from particular countries just).

For unlawful residents who voluntarily report their status that is residential by February 2020 but they are planned to go out of the united states after 30 June 2020; OR

For unlawful residents that do maybe not voluntarily report their unlawful residential status by 28 February 2020 and are usually caught by federal government research after 2 March 2020:

The penalty charge will be imposed together with breach duration will soon be calculated from 1 March 2020.
Whether they voluntarily reported their domestic status, any international nationwide whom paid a penalty charge for unlawful residence may be prohibited from re-entry to Southern Korea for between 6 months and another year.
Those that try not to pay the penalty charge in complete is going to be forever forbidden from entering South Korea.

Voluntary Reporting for Companies

Production industry

The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
For employers who report in those times, the penalty charge will likely to be exempted and their illegally-resident workers is likely to 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 employers whom report through this duration, the penalty charge may be exempted and their illegally-resident workers could have appropriate possibilities for seasonal work. a brand new visa type for seasonal workers (E8) is under conversation during the Ministry of Justice.

Tiny and medium-sized organizations under the Employment allow System (EPS)

The voluntary reporting system will operate between 11 December 2019 and 31 March 2020.
For employers whom report in this duration, 30% for the penalty cost will be imposed. Nevertheless, if they’re caught by federal government investigation with no reported, 100% associated with the cost would be imposed and they’ll be prohibited from hiring foreign nationals for at the least 3 years. The penalty cost will be calculated by immigration officers in line with the length of the time of breach.
For unlawful residents reported by their companies through this duration, 30% associated with penalty charge are imposed, and they’ll be permitted to just work at the sponsoring business until their visa that is e9 expires. Them to find another job if they prefer to work elsewhere, the Ministry of Employment and Labor will help. Nevertheless, if they’re caught by federal federal government research with no reported, 100% for the penalty charge should be click tids over here now imposed plus a forced departure purchase.

Case Studies

Case 1

A D8 visa owner sponsored by company A, unintentionally missed the expansion due date with regards to their Alien Registration Card (ARC).

A penalty cost will be imposed. The time of breach will likely 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.
Most of the needed documents must be prepared and, more to the point, both ARC holder and boss must not have appropriate violations and unpaid fees.
There isn’t any big modification set alongside the present policy.

Instance 2

An D8 visa owner sponsored by company a has additionally been working at business B, which can be when you look at the group that is same business A.

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

A penalty cost is going to be imposed for the ARC owner and company B.
The time of breach 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 a single 12 months) will change from situation to instance, during the discretion of immigration officers, however it is most most likely that to be employed in many situations. The chance of a re-entry ban in such cases is really a policy that is new.
The D8 visa holder and their second workplace need certainly to show it was an easy mistake and never tax avoidance that is deliberate.

Situation 3

An E9 visa owner has completed work on the visa sponsor business (company A). The E9 visa has staying credibility, plus the owner has acquired an innovative new task at yet another company (company B) to exert effort before the E9 expiration date.

No matter visa type, working at a company that is non-sponsoring unlawful therefore the Korean federal government will impose the stiffest laws in these instances.
A penalty cost for both employee and employer is likely to be determined from the date the visa holder started just work at business B.
The visa owner will even get a departure order and you will be prohibited from re-entry to South Korea for between six months and another year. In the event that penalty just isn’t paid, the ban will be permanent.

Companies whom can 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 South Korea, please contact us.