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SOUTHERN KOREA: Stricter Policy for Prohibited Keep

SOUTHERN KOREA: Stricter Policy for Prohibited Keep

December 17, 2019

The Korean National Assembly is debating tougher charges for the employers of unlawful residents. For anyone voluntarily reporting unlawful residence by 28 February 2020, charges will likely to be paid down or exempted.

Penalty Increases

Illegal residents are at the mercy of fines which range from KRW 1,000,000 for unlawful remains of lower than one to KRW 20,000,000 for illegal stays of three years or more month.

The maximum penalty for companies of unlawful residents is KRW 20,000,000 OR 36 months’ 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 illegal residents who voluntarily report their residential status by 28 February 2020 and so are scheduled to go out of the united states by 30 June 2020:

  • The penalty charge shall be exempted.
  • A “Certificate of Voluntary Departure” will soon be given, permitting them to re-apply for the Korean visa in the long term. On reapplying, they’ll be given a single-entry visa that is c3 a maximum stay of ninety days. Then leave the country within 90 days, and without committing any illegal activities, they may qualify for multiple entries and a longer duration of stay the next time they apply for a visa if they.
  • They will be permitted to submit an application 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 status that is residential by February 2020 but they are scheduled to go out of the nation after 30 June 2020; OR

For unlawful residents that do not voluntarily report their unlawful status that is residential 28 February 2020 and tend to be caught by government investigation after 2 March 2020:

  • The penalty cost will be imposed and also the breach duration is supposed to be determined from 1 March 2020.
  • Any foreign national who paid a penalty fee for illegal residence will be banned from re-entry to South Korea for between six months and one year whether or not they voluntarily reported their residential status.
  • People who try not to spend the penalty cost in complete should be forever forbidden from entering Southern Korea.

Voluntary Reporting for Employers

Production industry

  • The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
  • The penalty fee will be exempted and their illegally-resident employees will be allowed to stay for three more months from the reporting date for employers who report during this period.

Agriculture and fishing industry

  • The voluntary reporting system will run between 11 December 2019 and 15 January 2020.
  • For employers whom report through this duration, the penalty cost will undoubtedly be exempted and their illegally-resident workers may have appropriate possibilities for regular work. a brand new visa kind for regular workers (E8) is under conversation in the Ministry of Justice.

Little and businesses that are medium-sized the Employment Permit System (EPS)

  • The voluntary reporting system will run between 11 December 2019 and 31 March 2020.
  • For companies whom report inside this duration, 30% associated with the penalty charge shall be imposed. But, if they’re caught by federal government research with no reported, 100% associated with the charge is likely to be imposed and they’ll be prohibited from employing international nationals for at least 3 years. The penalty charge shall be calculated by immigration officers on the basis of the duration of the time of breach.
  • For unlawful residents reported by their companies in this particular duration, 30% associated with the penalty charge should be 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 government research with out reported, 100% of this penalty cost will likely to be imposed plus a forced departure purchase.

Case Studies

Case 1

A D8 visa owner sponsored by company A, unintentionally missed the extension due date because of their Alien Registration Card (ARC).

  • A penalty cost will be imposed. The time of breach are going to be calculated through the time following the ARC expiry 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.
  • Most of the required documents must be ready and, more to the point, both ARC holder and company must not have appropriate violations and taxes that are unpaid.
  • There is absolutely no big change when compared to policy that is current.

Instance 2

An D8 visa holder sponsored by business a has additionally been working at business B, which will be into 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 company A only, while the ongoing work on company B wasn’t reported to your immigration workplace.

  • A penalty cost will soon be imposed for both the ARC company and holder B.
  • The time of violation shall be determined through the date the visa owner received re payments from business B, that you can get via their withholding tax certificates.
  • The re-entry ban (for 6 months to a single 12 months) will be different from situation to case, during the discernment of immigration officers, however it is likely that to be reproduced in many situations. The alternative of the re-entry ban in these instances is just a policy that is new.
  • The D8 visa holder and their 2nd workplace need certainly to prove it was a straightforward blunder and never tax avoidance that is deliberate.

Case 3

An E9 visa owner has completed work on the visa sponsor company (company A). The E9 visa has staying credibility, therefore the owner has obtained a brand new work at an alternative business (company B) be effective before the E9 expiry date.

  • Aside from visa type, working at a non-sponsoring company is unlawful therefore the Korean government will impose the stiffest regulations in such cases.
  • A penalty fee for both employee and employer are going to be determined through the date the visa holder began work at business B.
  • The visa owner may also get a departure purchase and you will be prohibited from re-entry to Southern Korea for between 6 months and one year. In the event that penalty just isn’t paid, the ban shall be permanent.

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

For basic advice and information on immigration and company happen to be Southern Korea, please contact us.

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