For a foreign national to legally engage in activities in Korea that differ from their current residency status, they must go through the proper residency status change procedures that match their intended purpose.
There are many cases where applications for visa changes or residency status changes are rejected due to incomplete documentation or failure to meet eligibility requirements.
In particular, if a person has a history of illegal stay or has been convicted of a crime, the possibility of having their residency status change or application denied is high.
Therefore, it is essential to clearly understand the reasons for denial and respond effectively, which requires the help of an immigration specialist or administrative expert.
Applying for a visa does not guarantee approval.
If you encounter difficulties during the residency status application process, it is advisable to seek professional help or carefully check and prepare all related procedures.
The law firm Majung, which specializes in assisting foreigners, provides legal support to those facing difficulties with residency status changes, visa refusals, administrative appeals, and litigation.
If you have questions about the residency status application process, we recommend reading today’s post carefully.
Contents
1. Procedure for Applying for a Change of Residency Status
2. Reasons for Rejection of Residency Status Change Applications
3. Why You Should Avoid Illegal Stay or Criminal Activity
4. Appeal Process When a Residency Status Change Application Is Denied
5. Final words
1. Procedure for Applying for a Change of Residency Status
What Is a Change of Residency Status?
When a foreign national residing in Korea stops engaging in activities permitted under their current visa and wishes to pursue activities permitted under a different visa type, they must apply for a change of residency status.
Foreigners staying in Korea who wish to change their residency status must go through a designated application process, and in some cases, the visa change request may be denied.
If the application is rejected, it is possible to file an administrative appeal or lawsuit to challenge the decision.
In such cases, it is essential to understand the reason for the visa denial, address the issue appropriately, and either reapply or take other necessary legal action.
Procedure for Applying for a Change of Residency Status
- Submit Application Form
- Prepare Required Documents
- Review and Notification of Results
- Issuance of Updated Alien Registration Card upon Approval
First, the applicant must visit the Immigration Office and complete and submit the application form for a change of residency status.
Next, the applicant must prepare the necessary documents, including:
- Passport and Alien Registration Card
- Documents that explain and support the reason for the status change
Additional documents may be required depending on the type of visa being applied for.
An application fee is also required at the time of submission.
The review process typically takes 2 to 4 weeks, and during this time, the immigration office may request additional documentation.
If the application is approved, a new Alien Registration Card will be issued reflecting the updated residency status.
2. Reasons for Rejection of Residency Status Change Applications
There are various reasons why an application for a change in residency status may be rejected.
The main reasons are as follows:
Reasons for Residency Status Change Application Rejection
A. Failure to Meet Application Requirements
B. History of Illegal Stay or Criminal Record
C. Incomplete or False Documentation
D. Discretionary Rejection by Immigration Authorities
(A) If the applicant does not meet the qualifications required for the new visa type, the application may be denied.
For example, lacking the necessary education or work experience can lead to a visa denial.
If the purpose of the current visa and the purpose of the new visa are not clearly related, the application may also be refused.
An example given is that one cannot change from a tourist visa (B-2) to a work visa (E-7), as the purposes are fundamentally different.
(B) If the applicant has a history of illegal stay, or has been involved in criminal activities resulting in fines, imprisonment, or deportation, the visa may be denied.
Violations of the Immigration Control Act also lead to rejection.
(C) If required documents are missing, the application may be rejected.
Additionally, if the applicant submits forged documents—such as fake diplomas, work experience certificates, or income verification—the application will be denied.
(D) If the applicant’s nationality or background is considered a potential risk to national security, the visa may be denied.
If immigration authorities determine that the applicant may pose a threat to public order or national interest, the application may be rejected at their discretion.
3. Why You Should Avoid Illegal Stay or Criminal Activity
It was emphasized that if a person has a history of illegal stay or a criminal record, the likelihood of their residency status change application being denied is very high.
1) Illegal Stay
Applications may be rejected if the applicant has a record of illegal stay.
This includes cases where the person:
- Overstayed their permitted period of stay
- Worked illegally without proper visa authorization
- Submitted false documents when applying for a visa
Such actions are considered violations of the Immigration Control Act and may result in the rejection of not only the current status change application but also future visa applications or re-entry into Korea.
2) Criminal Record
If the applicant has a criminal history, it can negatively affect the immigration screening process.
Applicants who have:
- Been fined or penalized
- Received a criminal conviction for a serious offense
- Been sentenced to probation or imprisonment
are highly likely to be denied in their application.
In such cases, visa extensions are nearly impossible, and deportation is a strong possibility.
If there is a risk that a change of residency status may be denied due to immigration violations or a criminal record, it is crucial to seek help from a lawyer specialized in immigration law to prepare an appropriate response.
4. Appeal Process When a Residency Status Change Application Is Denied
If your application for a change of residency status is denied, you can file an objection through one of the following methods:
1) Reapplication
If the application was rejected due to missing documents or failure to meet certain requirements, you may submit a new application after addressing the issues that caused the denial.
2) Administrative Appeal (Administrative Judgment)
If you receive a rejection for your residency status change request, you may appeal the decision through an administrative appeal process.
You can file an appeal with the Central Administrative Appeals Commission within 90 days of receiving the rejection notice.
If your appeal is successful, your application may be approved.
During this process, it’s important to submit additional evidence to support that your request for a status change is reasonable and valid.
3) Administrative Litigation
If the outcome of the administrative appeal does not change the result, you can file an administrative lawsuit in court.
You must submit the lawsuit within 90 days from the date you were notified of the denial, to the competent administrative court.
In this case, it is strongly recommended to seek assistance from a lawyer experienced in foreigner and immigration cases.
Although the visa change application process involves many documents, complex procedures, and strict review, it is possible to stay in Korea under a new visa if you meet the eligibility criteria.
Preparing all the necessary documents on your own may lead to unexpected difficulties.
However, with the help of a specialized lawyer, you can approach the process more systematically and prepare more smoothly.
5. Final words
If a foreign national receives a visa denial during the visa change process, the first step is to clearly identify the reason for the rejection.
If the reason is something relatively simple, such as missing documents, it may be easy to resolve.
However, if the visa was denied due to illegal stay or a criminal conviction, or if an administrative lawsuit becomes necessary, it is strongly advised to seek legal counsel.
Have you received a visa denial or rejection notice?
Are you just going to accept it?
To respond effectively to a visa denial or refusal, it’s essential to approach the matter legally through objections (appeals) and administrative litigation.
In particular, it is important to remember that administrative litigation is a specialized area of legal practice handled by lawyers.
Administrative attorneys are not legally allowed to represent clients in court for administrative lawsuits.
Therefore, when facing visa refusal, you must seek help from a licensed attorney.
That’s why we recommend getting systematic assistance from the foreigner-specialized law firm Majung, where lawyers and administrative scriveners work together from the beginning.
At Law Firm Majung, we have:
- Attorneys with experience at the Immigration Office, and
- Korean Bar Association-certified attorneys specializing in immigration and visa law.
Thank you.
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
Don’t face the legal system alone. Let Majung fight for you!
