Applying For D-8 VISA In Korea

○ Overview

When an alien(foreigner) enters the Republic of Korea, he/she shall hold a valid passport and a visa issued by the Minister of Justice(Article 7 (Entry of Aliens) subarticle 1 of the IMMIGRATION ACT). According to the ENFORCEMENT DECREE OF THE IMMIGRATION ACT Article 12 and the pursuant Appendix 1(2) “Long-Term Stay Status”, foreigners eligible to apply for a D-8 VISA must either be:

1. key professional experts involved in the management, corporate governance, manufacturing, engineering fields according to the FOREIGN INVESTMENT PROMOTION ACT.
2. persons who have established a venture business pursuant to Article 2-2(1) 2 c of the ACT ON SPECIAL MEASURES FOR THE PROMOTION OF VENTURE BUSINESS.
3. corporate founders recognized by the Minister of Justice in possession of intellectual property rights or equivalent technical skills, who have either graduated with a Bachelor’s degree overseas or with a 2-year college degree in Korea, or has been recommended by related government agencies.

People pertaining to “B” can apply for the D-8-2 VISA; people pertaining to “C” can apply for the D-8-4 VISA; people pertaining to “A” can apply for the D-8-1 or D-8-3 VISA. The limitation period of stay(5 years maximum for “A”; 2 years maximum for “B” and “C”) and required documents vary for each specific VISAs. Since D-8-1 and D-8-3 VISA for people pertaining to “A” are most common, this article will focus on how foreign “key professional experts” can attain the D8 VISA.

○ D8 VISA for Key Professional Experts

You can be a “key professional expert” either by 1) being dispatched from an overseas company, or 2) becoming a “key professional expert” yourself in a company that you incorporate or a Korean company(or a Korean with sole proprietorship) that is already in existence. The following provides a list of documents and/or eligibility standards for each case. Show More

[1] Required Documents (for all)

VISA Application Form

Passport and a copy of passport

Photo (full color, 3.5cm x 4.5cm)

Medical Certificate for Tuberculosis issued by a hospital designated by the Korean Embassy if:

• • • you are applying for VISA for the purpose of staying in Korea for more than 90 days
    • you are from high-risk countries for tuberculosis: Nepal, Timor-Leste, Russia, Malaysia, Mongolia, Myanmar, Bangladesh, Vietnam, Sri Lanka, Uzbekistan, India, Indonesia, China, Cambodia, Kyrgyzstan, Thailand, Pakistan, Philippines, Laos

[2] In case you are dispatched from an overseas company to Korea

Dispatch Order or Certificate of Employment

• does not necessarily have to be an employee of the parent company for the foreign-invested company established in Korea, but could also be an employee of related companies of the parent company
• must be issued by the principle head office of the parent company and dispatch period must also be specified
• “key professional experts” include executives, senior managers, professional technicians in the management, corporate governance, manufacturing, engineering fields. Those that can generally be substituted by local manpower resources are excluded.

[3] In case you are making foreign investments

1. 1. Foreign investment amount must be at least 100 million KRW and the person applying for the VISA must hold at least 10% or more of total issued shares either of the company he/she incorporates, of a Korean company already in formation, of a Korean with sole proprietorship according to the IMMIGRATION ACT. In case you are investing in a Korean natural person with sole proprietorship, you also need to be registered as a joint representative and the Korean person needs to have invested at least 100 million KRW as well.
   2. In either case you need to submit the Foreign Investment Application Form which you would have submitted to relevant government agencies and the bank when you transmitted the funds(100 million KRW) into Korea. Certification of Incorporation is also needed if you have incorporated a new business in Korea.

※ All documents must be at least 3 months before expiry date.

○ Review Period

About 1.5~3 months

○ Where to Apply

Ministry of Justice Korea Immigration Service of your jurisdiction(https://www.immigration.go.kr/immigration_eng/index.do) and KOTRA Foreign Investment Administration Support Center.

• Issuance of the D-8 VISA is not delegated to the Embassy. Therefore, you need to obtain an Immigration VISA Issuance Certificate from the immigration office prior to applying for the VISA.

○ Benefits

• Fast-Track Immigration Service
• Exemption of Various Fees
  • Alien Registration Card Issuance Fee (30,000 KRW), Fees for Application to Extend Period of Stay(60,000 KRW), Application to Change Status of Residence(100,000 KRW), Change of Workplace and/or Additional Permits(120,000 KRW), Re-Entry Permit(30,000~50,000 KRW)

☞Fees for Permission to Engage in Activities Other than the Status of Residence(120,000 KRW) and Alien Registration Certificate Issuance Fee(2,000) is not exempted.

• Immigration Preferential Card (according to the type of business you are engaging in, if applicable)
• Tax Reduction Benefits (if applicable)