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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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justin moffatt
Joined: 29 Aug 2006
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Posted: Wed Feb 04, 2009 11:04 pm Post subject: HELP! F5 Visa denied for 3 years! |
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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. |
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kprrok
Joined: 06 Apr 2004 Location: KC
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Posted: Thu Feb 05, 2009 12:01 am Post subject: |
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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. |
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justin moffatt
Joined: 29 Aug 2006
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Posted: Thu Feb 05, 2009 1:02 am Post subject: |
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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. |
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Xuanzang

Joined: 10 Apr 2007 Location: Sadang
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Posted: Thu Feb 05, 2009 1:07 am Post subject: |
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| 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. |
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Spiky
Joined: 29 Apr 2003
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Posted: Thu Feb 05, 2009 2:04 am Post subject: try again |
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| 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! |
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justin moffatt
Joined: 29 Aug 2006
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Posted: Thu Feb 05, 2009 3:55 am Post subject: |
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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. |
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justin moffatt
Joined: 29 Aug 2006
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Posted: Thu Feb 05, 2009 4:31 am Post subject: |
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| On top of it all, the bastards didn't even stamp my passport with my new F2 Re-Entry. Unbelievable. |
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kprrok
Joined: 06 Apr 2004 Location: KC
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Posted: Thu Feb 05, 2009 6:03 am Post subject: |
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| justin moffatt wrote: |
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. |
Yes, my address in Korea was an officetel when I was issued my first F2, I had a different officetel as my address when I renewed my F2 after my first year, and neither time was it a problem.
As for the contract with your landlord, that sounds like tax evasion and if you're a part of it, it might complicate matters even more than they already are. |
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justin moffatt
Joined: 29 Aug 2006
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Posted: Thu Feb 05, 2009 7:17 am Post subject: |
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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 . . . |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Thu Feb 05, 2009 7:44 am Post subject: |
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| kprrok wrote: |
| justin moffatt wrote: |
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. |
Yes, my address in Korea was an officetel when I was issued my first F2, I had a different officetel as my address when I renewed my F2 after my first year, and neither time was it a problem.
As for the contract with your landlord, that sounds like tax evasion and if you're a part of it, it might complicate matters even more than they already are. |
Actually, this sounds like your OFFICE-tel is not approved (zoned) for residential occupancy. If it is only approved to be offices, no one could legally register this address as their residence. Perhaps you are legally homeless. |
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