Korean Job Discussion Forums

[justin moffatt]

First of all, it clearly states on the Immigration website:

"Permanent Residency Rules Eased: F5 Visa"

http://seoul.immigration.go.kr/HP/IMM80/index.do

What a load of crock. Went to immigration today to apply for F5 Visa. Provided all necessary documents including Employment Contract with higher education institution, Business Registration Document, Financial Statement deposit for Office-tel (etc.).

The Immigration Officer claimed that since my Korean wife and I have our permanent residence (on Dong office forms) as my wife's brother apartment (since it was our understanding that our Office-tel can not be registered as Permanent Residence), and we did not notify Immigration that her brother moved, I a) have to pay a fine b) cannot receive a F5 for 3 years as penalty. In fact, they were only willing to renew my F2 Visa for 1 year (instead of the standard 2 year).

Suffice to say, I lost it. I told my wife to ask for his supervisor. He refused. I told her to tell him that I would request my legal counsel to proceed on my behalf. He didn't care.

If anyone can suggest a good Immigration Lawyer, I would appreciate it. I have already contacted my company's Law Firm for counsel. The only concern I have is that if I get an Immigration Lawyer to approach Immigration on my behalf, that Immigration will make it more difficult in the future. What a monkey house.

[kprrok]

VISAs are issued completely at the discretion of the immigration officials.

So if I understand correctly, you had your residence listed incorrectly at the Dong Office (you weren't living where you said you were). Your brother-in-law's address was used. He moved, and I'm guessing someone new moved in there and registered that as THEIR address. So were you living with them? If not, that means you committed fraud by intentionally declaring an incorrect address. That looks shady to immigration as they would think "why is he not giving us the correct address?"

You can list an Officetel as your address at the Dong Office, I had it for 2 years before moving into my current address.

As for not getting the F5 for 3 years, sucks, but they can do whatever they want (see the first line). The best idea is to suck it up, stay on your F2 since there isn't really a huge difference between the two, and wait until you pass the time or move to a different jurisdiction which would most likely have different rules.

[justin moffatt]

kpprok:

1. Our permanent residence was her brothers apartment.

2. We then moved into an Office-Tel. The owner and Real Estate agent indicated we could not use the Office-tel address as our permanent addresss.

3. Her brother moved to a new apartment.

4. My wife did not inform Immigration that her brother moved (since our Permanent Residence is his address). The Dong office documents has a) her brother b) her sister c)my wife's name on the documents.

We provided our Office tel document showing our deposit to Immigration. This red flagged the explained issue. Regardless, the oOfice tel is my satelite office ( for the Main Office) for my company anyways.

[Xuanzang]

Well good luck fighting this but I think you`re going to have to wait for the probationary period to end. This banana republic would most likely screw you over further if you attempt to take them to court. it`s not worth the legal expense and numerous headaches. Just continue with the F2 and then do F5 later.

[Spiky]

Did you already get your one year visa? If not, it might be possible to go back, change the address and pretend like this never happened. I had a somewhat similar experience where the clerk told me about the 2 million won fines I was facing and told me to come back with another paper (I was missing one paper, so nothing was processed). I changed to correct the problem, came back and processed everything smoothly with no mention of fines, penalties, nada. Not sure if it will help you, but future tip to others. If they say something that doesn't sound right, don't have them process it, politely leave and alter whatever they mentioned if possible, return another day, see a different clerk and hopefully be on your way. Good luck!

[justin moffatt]

Kpprrok said:

"You can list an Officetel as your address at the Dong Office, I had it for 2 years before moving into my current address."

Are you sure about this? My wife swears up and down that Immigration will not allow Office-tel addresses for F2 Visa holders. Even our contract with the owner of the Office-tel states we cannot register our Office-tel address.

[justin moffatt]

On top of it all, the bastards didn't even stamp my passport with my new F2 Re-Entry. Unbelievable.

[kprrok]

[justin moffatt]

Kpprrok:

Interesting. Looks like landlords/real estate agents in my entire building may be involved in some tax avoidance issues. Perhaps other foreigners here are facing similar issues.

My wife will be going down to the Dong office tommorow to find out if we can register the Office-tel. If so, the question is what do we do next?

1. Report the Landlord/Real Estate and lose my LARGE deposit.

2. Get an Immigration lawyer to provide the evidence of this to Immigration, in hopes to remove the 3 year ban. On the other hand, as you pointed out it may implicate me further. Not only that, my wife found numerous newspaper articles of Non-Koreans hiring legal counsel to represent them at Immigration and Immigration would not even speak to their lawyer (even with the applicant present)!

3. Move to a different jurisdiction and try again there, and hope they don't contact Immigration here.

Limited choices in the Land of Ceaseless Corruption . . .

[ontheway]

[Juregen]

Strange

I guess someone thought all of those changes smelled weird and didn't like it ...


I got my F5 without a sweat, just gave necessary docs and bank statement. They did not ask for my fluency in Korean or nothing.

[justin moffatt]

Juregen:

How long did it take to process? How long have you been in Korea?

Are you married to a Korean? If so, how long? And is your wife "head of the household" on your Dong documents? Do you have children in Korea?

Do you have impeccable credit in Korea and your home country?

Have you contributed substantially to Korean society?

Do you have full time employment? Do you own a company? Do you employ more than 5 Korean employees? Did you invest $500,000US in your company in Korea?

And so on and on . . . The ambiguity of it all is maddening.

[T-J]

[justin moffatt]

TJ:

I look forward to your posts over the next few months as you attempt to process your F5 . . .

[T-J]

Meh, still got a year to go.

Like I've said, it is a cake walk now a days. When we got married there was no F-2 visa for a foreign male. Now that sucked.

Now all you have to do is play the game.

Advice for those that are new to dealing with bureaucrats:

Go to immi early in the morning and early in the week. Get to them when they are fresh. Late in the week and late in the day, only increases your chances of getting someone with an ax to grind. They have a shitty job, they know it and the only recourse they have is the power they wield.

Dress respectably, but not too nice. You want to give a good impression, you don't want to give an air of superiority.

Bring the wife and kid(s). Be a family.

Speak Korean and treat your wife and the immigration official with respect. If ever there is a time to suck up, it is when dealing with bureaucrats.

Don't be the ugly foreigner.

I do wish the OP the best. I really think he got off light and should chalk it up to a learning experience. Not going to get anywhere hiring a lawyer except deeper in the hole.