Navigating Visa Challenges for Inviting Foreign Experts in South Korea

Recently, a venture company specializing in the development of robots utilizing AI technology faced a situation where they needed to invite a foreign expert from abroad. However, before proceeding with the invitation, it was crucial to review the types of visas, such as the E-7 visa and D-10 visa. Additionally, consultations were held regarding the possibility of inviting this expert in a timely manner. In this article, we’ll delve into the challenges faced by Company A and the proposed solutions.

Table of Contents

1. The Challenge of Inviting Foreign Experts

The foreign expert that Company A intended to invite is an American with advanced education and extensive experience, indicating that his invitation shouldn’t pose significant challenges. However, the critical issue was the timeline. The company needed this expert to arrive in South Korea within a week to participate in a contract meeting. The pressing question was which visa to select.

In principle, an E-7 (specific activity) visa was required, but the lengthy processing time posed a significant hurdle. The E-7 visa, designed for professional technicians and specialists in specific fields, can take anywhere from a few weeks to several months for approval. Therefore, a timely issuance of this visa to allow entry within a week was practically impossible. Moreover, entering with a C-3 (short-term general) visa and then changing to an E-7 visa while in South Korea was also off the table, leading to the necessity for alternative solutions.

2. Applying for the D-10 Visa (Job-Seeking Visa)

Given this context, the most practical solution was to utilize the D-10 (job-seeking) visa. While there’s no guarantee that the D-10 visa can be expedited, it was still worth considering. The D-10 visa allows foreigners to engage in job-seeking activities in South Korea, providing a period for internships or regular employment. Considering the foreign expert’s background as a global corporate employee and graduate of a prestigious American university, it was confirmed he would score highly in the D-10 visa scoring system.

The visa scoring system evaluates various criteria such as age, education, work experience, and income level, requiring a minimum score of 60 for eligibility. Calculate D-10 Visa Score

D-10 Visa Application Process

Visa Application: The D-10 visa can be applied for online from within the country, with possible issuance within three days if all goes smoothly (though reality may see delays).
Document Preparation: Required documents include proof of education, work experience certificates, and passports. These can be submitted online quickly, presenting no significant issues in local document preparation.
After Receiving the D-10 Visa: Once the D-10 visa is granted, the foreign expert can legally enter South Korea, after which they can proceed with the necessary residency procedures.

3. Procedures Following the D-10 Visa

Upon entering South Korea with the D-10 visa, the foreign expert must complete the alien registration process. This registration is mandatory for foreigners staying for more than 90 days, and it’s crucial for the expert to finalize this step before engaging in long-term employment activities. Typically, this process is completed within two weeks, during which the expert is unable to work formally.

However, Company A has the option for the expert to start working as an intern. The D-10 visa permits up to six months of internship work, and the registration process for interns can be straightforward. Once the intern registration is complete, the expert can start contributing to Company A legally, allowing the company to quickly leverage the expert’s skill set.

Intern Registration Process

Intern Registration Application: Following the receipt of the D-10 visa, the expert can apply for intern registration within South Korea. This process usually takes 1 to 2 days and can produce immediate results if conditions are met.
Commencement of Work: Upon successful intern registration, the foreign expert can begin working at Company A legally and actively participate in necessary contractual activities.

4. Transitioning to the E-7 Visa

After the intern registration, the company can apply to switch to an E-7 visa. However, the processing time for changing to an E-7 visa can take anywhere from a few weeks to several months. As a result, the most efficient and practical approach for immediate work is to go through the intern registration process.

E-7 Visa Transition Process

E-7 Visa Application: After registration as an intern, the company can initiate the application process for the E-7 visa. Necessary documents include the company’s business registration certificate, along with the foreign expert’s credential verification.
Review Duration: The E-7 visa application can take anywhere from a few weeks to several months for approval. Therefore, the ideal strategy would be for the expert to work as an intern while waiting for the visa approval.

5. Legal Considerations and Additional Advice

Visa procedures can be complex and differ significantly from country to country. In South Korea, the process of inviting foreign experts and obtaining the necessary visas often involves unforeseen delays and additional document requests. Therefore, it’s vital to allow ample time for preparation. In urgent situations like this one, exploring all possible alternatives and responding swiftly is essential.

Furthermore, it’s crucial to conduct a legal review on the viability of changing visas within South Korea. A significant legal consideration is the fact that individuals entering on a C-3 visa cannot transition to an E-7 visa while in the country, necessitating the development of proper alternatives.

This information is based on current conditions and is subject to change depending on government policies. It serves only as informational guidance and does not provide legal interpretation or judgment. For further consultation, please visit our one-on-one consultation board.