Even after criminal proceedings have concluded, it’s not uncommon for foreign nationals to suddenly receive a departure order from the Immigration Office.
Foreigners who have been staying in Korea long-term — whether for short-term employment, studies, or international marriage — often face repeated situations where their visa renewal is suspended or their status of stay is invalidated due to previous violations of the Immigration Control Act.
In particular, if an administrative review results in a deportation order, the individual must leave Korea within a short period of time, and separation from family or loss of livelihood in Korea may become unavoidable.
The problem is that these procedures move quickly, and without prompt and proactive preparation, it can become extremely difficult to reverse the situation.
Therefore, to maintain your status of stay, seeking legal assistance early on and systematically organizing your case is by far the safer and more reliable approach.
Contents
1. Administrative Measures Faced by Foreigners Who Violate the Immigration Control Act
2. How Does an Immigration Control Act Violation Affect Your Status of Stay?
3. If an Immigration Disposition Is Unfair, How Should You Respond?
4. Case Study: A Uzbek National Facing Deportation While Under Medical Treatment
5. Conclusion: In Immigration Cases, Your Initial Response Determines Whether You Can Stay in Korea
1. Administrative Measures Faced by Foreigners Who Violate the Immigration Control Act
When a foreign national is found to have violated the law while staying in Korea, the immigration authorities will conduct an administrative review regarding their status of stay, separate from any criminal punishment. The main administrative measures that may be applied during this process include: ① Deportation Order When the violation is serious or repeated, a deportation order may be issued, and re-entry into Korea can be banned for a certain period. ② Cancellation of Stay Permit If the individual engages in activities unrelated to their visa purpose or if forged documents are discovered, the existing stay permit may be voided. ③ Entry Ban Entry into Korea may be completely prohibited for a designated period, and this often applies even if the person has family members residing in Korea. ④ Restrictions on Re-entry If departure occurs through compulsory procedures rather than voluntary exit, the individual may be barred from re-entering Korea for several years. Once an Immigration Control Act violation is confirmed, the consequences often go far beyond a simple warning or administrative notice — the person’s status of stay itself may be invalidated. In cases where deportation becomes a reality, individuals may be required to prepare for departure within just a few days, making early and proactive action essential.
2. How Does an Immigration Control Act Violation Affect Your Status of Stay?
When a violation of the Immigration Control Act is revealed, the Immigration Office reviews not only the violation itself but also the individual’s purpose of stay and their actual activities in Korea. Even violations that may initially seem minor can lead to a rapid initiation of deportation procedures if the history accumulates or if the authorities consider the matter serious. The following situations are commonly flagged during actual immigration reviews:- Repeatedly missing the period for stay extension
- Earning wages or income through unauthorized employment
- Engaging in activities inconsistent with the visa purpose, such as sham marriage or student visa violations
- Providing false statements or submitting forged documents to obtain stay permission
3. If an Immigration Disposition Is Unfair, How Should You Respond?
A cancellation of stay permission or a deportation order based on a violation of the Immigration Control Act does not mean everything is over. The individual has the right to challenge the administrative disposition, and depending on the circumstances, there are procedures that may overturn the decision. The response process generally proceeds in the following order: ① Objection (Administrative Reconsideration Request) You may request a review from the Immigration Office that issued the disposition or from the Minister of Justice. ② Administrative Appeal (행정심판) This is a procedure to re-examine whether the administrative agency’s decision was lawful. The filing process is relatively simple, and results tend to come out fairly quickly. ③ Administrative Litigation (행정소송) This involves filing a lawsuit directly with the court to formally dispute the legality of the decision. It is generally considered the most powerful remedy. Going through these steps does not mean the outcome will change with simple or emotional arguments. To increase the likelihood of success, you must prepare supporting materials systematically — such as medical records, family relationship certificates, and evidence of economic activity. Cases that rely only on vague claims of unfairness are usually dismissed. Because the optimal strategy differs depending on the situation, it is important to work with a legal professional who can structure the right arguments for your case.
4. Case Study: A Uzbek National Facing Deportation While Under Medical Treatment
Mr. B, a Uzbek national, entered Korea in 2020 on an E-9 visa and had been working for a small-to-medium-sized company. However, when his employment contract ended, his period of stay expired, and he continued to remain in Korea without an extension. He was eventually caught for violating the Immigration Control Act and was detained at a foreigner protection center.
At the time, a deportation order was under review, but Mr. B suffered from epilepsy and was able to submit a medical certificate stating that the medication he needed could be stably obtained only in Korea.
His legal representative organized his medical records and grounds for stay, then filed a request for temporary release from detention and permission for voluntary departure. The Immigration Office accepted the humanitarian grounds and allowed him to receive treatment outside the facility. After completing his treatment, Mr. B was able to leave Korea voluntarily.
5. Conclusion: In Immigration Cases, Your Initial Response Determines Whether You Can Stay in Korea
When a violation of the Immigration Control Act becomes an issue, your status of stay may be canceled, or deportation procedures may begin. Once a deportation order is issued, you must prepare to leave the country within a short period, and re-entering Korea may be extremely difficult for several years. Based on our experience handling a wide range of cases, we provide practical assistance in procedures such as:- Preparing documents and evidence for immigration (Sa-beom) reviews
- Filing applications for temporary release when detained at a protection center
- Preparing administrative litigation to challenge deportation orders or visa cancellations
