SOUTHERN KOREA: Stricter Policy for Prohibited Keep

17, 2019 december

The Korean National Assembly is debating tougher penalties when it comes to companies of unlawful residents. For all those voluntarily reporting unlawful residence by 28 February 2020, penalties should be paid off or exempted.

Penalty Increases

Illegal residents are susceptible to fines which range from KRW 1,000,000 for illegal stays of not as much as one to KRW 20,000,000 for illegal stays of three years or more month.

The most penalty for employers of illegal residents is KRW 20,000,000 OR 36 months’ imprisonment. The proposed amendment presently under discussion 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 and therefore are planned to go out of the nation by 30 June 2020:

  • The penalty charge will be exempted.
  • A “Certificate of Voluntary Departure” will likely be given, letting them reapply for the visa that is korean the long term. On reapplying, they’ll certainly be granted a single-entry visa that is c3 a maximum stay of 3 months. Should they then leave the nation within 3 months, and without committing any unlawful activities, they might be eligible for a multiple entries and a lengthier duration of stay the next time they make an application for a visa.
  • They shall be allowed to apply for TOPIK (Test of Proficiency in Korean). They will be allowed to apply for an E9 visa (for workers from certain countries only) if they obtain level 2 or above,.

For unlawful residents who voluntarily report their domestic status by 28 February 2020 but are planned to go out of the nation after 30 June 2020; OR

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

  • The penalty cost shall be imposed as well as the violation duration are determined from 1 March 2020.
  • If they voluntarily reported their domestic status, any international nationwide whom paid a penalty cost for illegal residence will undoubtedly be banned from re-entry to Southern Korea for between half a year plus one 12 months.
  • People who try not to spend the penalty charge in full will undoubtedly be forever forbidden from entering Southern Korea.

Voluntary Reporting for Companies

Manufacturing industry

  • The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
  • For companies whom report during this time period, the penalty charge is supposed to be exempted and their illegally-resident workers may be allowed to remain for three more months through the reporting date.

Agriculture and fishing industry

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

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

  • The voluntary reporting system will run between 11 December 2019 and 31 March 2020.
  • For companies who report in this particular duration, 30% associated with the penalty fee will be imposed. Nevertheless, they will be banned from hiring foreign nationals for at least three years if they are caught by government investigation without having reported, 100% of the fee will be imposed and. The penalty cost will be calculated by immigration officers on the basis of the amount of the time of violation.
  • For unlawful residents reported by their companies within this period, 30% of this penalty charge may be imposed, and they’re going to be permitted to work on the sponsoring company 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 government research with no reported, 100% of this penalty cost would be imposed and also a departure order that is forced.

Case Studies

Case 1

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

  • A penalty charge will be imposed. The time of breach is likely to be calculated through the time following the ARC expiration date.
  • 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 prepared and, moreover, both ARC owner and company must not have any appropriate violations and taxes that are unpaid.
  • There’s absolutely no big modification set alongside the policy that is current.

Situation 2

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

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

  • A penalty cost is likely to be imposed for the ARC company and holder B.
  • The time of breach will be calculated through the date the visa holder received payments from business B, that exist via their withholding tax certificates.
  • The re-entry ban (for 6 months to at least one 12 months) will be different from case to case, in the discernment of immigration officers, however it is likely that to be employed generally in most instances. The likelihood of a re-entry ban in such cases is just a brand new policy.
  • The D8 visa holder and their 2nd workplace have to show it was a simple error and never tax avoidance that is deliberate.

Situation 3

An E9 visa owner has finished work on the visa sponsor business (company A). The E9 visa has validity that is remaining as well as the owner has acquired a fresh task at a unique business (company B) to focus before the E9 expiration date.

  • No matter visa type, working at a non-sponsoring business is unlawful in addition to Korean federal government will impose the stiffest laws in such cases.
  • A penalty cost for both manager and worker is supposed to be determined through the date the visa holder began just work at 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. In the event that penalty is certainly not compensated, the ban shall be permanent.

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

For general information and advice on immigration and company travel to Southern Korea, please contact us.

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