“When I first heard that something like this could cause visa problems, I couldn’t believe it…” — this is one of the most common things we hear on site.
Foreign nationals residing in Korea should be aware that even a minor traffic accident or a relatively light criminal disposition can, once certain thresholds are met, place them under review as a foreign offender.
In one actual case, a foreign worker received a departure order immediately after a minor traffic incident on his way home, without any prior notice. The forced deportation process began much faster than expected, leading him to seek legal assistance for relief during the offender review process.
Because such foreign offender reviews can directly affect visa status from the moment they are initiated, anyone wishing to continue residing in Korea should establish an initial response strategy with an immigration attorney as early as possible.
Contents
1. Even after the criminal case ends, a new residence review begins.
2. Statements made during the police investigation are re-examined in the offender review process.
3. Once a departure order is issued, it can lead to forced deportation.
4. [Case Study] A foreign national who received a departure order after a traffic accident — how timely action protected their visa status.
5. In conclusion: Securing your right to stay begins with setting the right direction from the very start.
1. Even after the criminal case ends, a new residence review begins.
Even after a foreign national in Korea has received a final judgment in a criminal case, a separate foreign offender review is often conducted.
This procedure focuses less on the severity of the crime itself and more on whether the individual should be allowed to continue residing in Korea.
The review criteria generally include factors such as:
- The amount of fines imposed and any accumulated criminal records
- The social impact of the incident
- Whether a settlement was reached with the victim
- Any prior violations of immigration law
For example, cases that may seem minor—such as assault or driving without a license—can still lead to deportation review if the fines are significant or if similar offenses are repeated.
In some instances, departure orders have been issued without prior voluntary departure notice, resulting in unexpected deportation procedures.
Therefore, even after the criminal process is concluded, one should not assume the matter is over.
At the offender review stage, visa status may be revoked, or a forced deportation decision may be made.
Since timing and response strategy are crucial in such cases, it is safest to seek the assistance of an immigration lawyer to develop a detailed plan for relief during the foreign offender review process.
2. Statements made during the police investigation are re-examined in the offender review process.
The foreign offender review is not determined solely by the outcome of the criminal trial.
Statements made during the initial investigation stage are later re-examined by immigration authorities, and in many cases, the contents of those statements directly affect decisions on visa extensions or the issuance of a departure order.
In particular, the following types of statements can negatively impact the residence review:
- Inconsistencies between different parts of the statement
- Excessive attempts to avoid responsibility
- Speculative answers based solely on memory
When such issues arise, immigration officers may view the statement as unreliable, which can ultimately influence the decision regarding the individual’s right to stay in Korea.
Because these matters are often difficult to handle alone, it is crucial to work with an immigration lawyer who has practical experience in such cases to ensure that your statements are properly structured and strategically aligned from the very beginning.
3. Once a departure order is issued, it can lead to forced deportation.
If the foreign offender review concludes that continued residence in Korea is difficult, the individual is first notified with a departure order.
If this deadline is exceeded, the case can quickly proceed to forced deportation without any additional procedures.
The following conditions often lead to classification as a subject of deportation:
- A fine of 3 million KRW or more per case
- A total fine exceeding 5 million KRW within the past five years
- Two or more criminal dispositions within two years
- Three or more criminal cases within five years
In particular, those staying in Korea under employment-based visas such as E-9 or H-2 are subject to stricter evaluations regarding violations of public order.
Even relatively minor offenses can result in a decision of ineligibility to stay.
At this stage, simply claiming unfairness is not enough.
It is crucial to present specific evidence that demonstrates the necessity of continued residence, such as:
- Documents proving that the offense was not intentional
- Records showing stable employment and good conduct
- A petition from the employer
- Proof that family life and dependents are being maintained in Korea
Once a departure order is received, a swift and organized response is essential.
Working with an immigration lawyer to prepare and submit the necessary supporting documents can be the most practical and effective way to protect your right to stay.
4. [Case Study] A foreign national who received a departure order after a traffic accident — how timely action protected their visa status.
Mr. A, a foreign worker holding an E-9 visa and employed at a manufacturing company in Gyeonggi Province, was investigated by the police following a minor traffic accident that occurred on his way home from work.
Although the incident itself was minor, the fine exceeded 3 million KRW, placing him under the foreign offender review process. Shortly thereafter, he received a departure order.
Mr. A had been working in Korea for over three years without any record of illegal stay, and his employer highly valued his responsibility and work ethic.
However, the immigration office cited the nature of the accident and the amount of the fine as grounds for deeming continued residence difficult, recommending that he leave the country within a specified period.
After consulting with an immigration lawyer, Mr. A developed a response strategy.
He provided evidence that the accident was unintentional and that a settlement with the victim had been reached.
He also submitted documents proving his long-term, diligent employment, a petition from his employer, and a certificate of completion for traffic safety education, clearly demonstrating both the necessity of his stay and his commitment to preventing recurrence.
After a comprehensive review of the submitted materials, the immigration office decided to exclude Mr. A from the forced deportation list, allowing him to retain his visa status and continue residing legally in Korea.
5. In conclusion: Securing your right to stay begins with setting the right direction from the very start.
As emphasized throughout, the foreign offender review is conducted separately from the criminal process, and once a departure order is issued, there is a high likelihood that it will lead to forced deportation or removal.
At this stage, the longer the delay in response, the harder it becomes to protect your residence status.
Working with an immigration lawyer allows for a strategic, comprehensive approach across all stages:
① Organizing supporting evidence that demonstrates the necessity of continued residence
② Preparing written explanations for relief during the offender review process
③ Filing objections and written opinions against a departure order
④ When necessary, pursuing administrative litigation to overturn a deportation decision
Even a minor mistake can lead to vastly different outcomes depending on how it is handled.
If you wish to continue living in Korea, the most practical and effective step is to seek expert guidance early and establish the right response strategy from the beginning.
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!
