Visa Options and Procedures for Foreign Spouses in Korea After Divorce

When a foreign spouse marries a Korean citizen, they typically receive an F-6 visa (Marriage Migrant Visa), allowing them to reside in Korea. However, significant changes can arise regarding their visa status, particularly in the event of a divorce. In this article, we’ll explore the options available for visa change procedures following a divorce while residing on an F-6 visa.

What is an F-6 Visa?

The F-6 visa is designed for foreigners who are married to Korean spouses, permitting them to live in Korea. This visa comes in three primary categories:

• F-6-1: Visa for maintaining the marriage.
• F-6-2: Issued for those raising children.
• F-6-3: Granted in cases where the divorce is due to the Korean spouse’s misconduct (such as domestic violence or infidelity).

Typically, foreigners reside on the F-6-1 visa, allowing them to live and work legally in Korea. However, divorce may lead to a scenario where they can no longer maintain this visa.

So, what are the possible options after a divorce?

What Happens to the F-6 Visa in Case of Divorce by Agreement?

If the couple opts for a mutual divorce, the F-6-1 visa cannot be renewed. For instance, in a situation where there are no children involved and both parties agree to divorce, maintaining the F-6-1 visa becomes unattainable.

If there are children in the picture, it is possible to transition to an F-6-2 visa (which is for child-rearing) to extend residency, but this option is challenging in cases of mutual divorce. Therefore, it’s crucial to consider alternative visa options when choosing a divorce by mutual consent.

Especially in cases where there are no children or when the grounds for divorce do not implicate the Korean spouse, it’s important to prepare for additional visa change procedures in advance.

It is noteworthy that both the F-6-2 and F-6-3 visas require substantiation through legal proceedings regarding the spouse’s fault or child custody.

Visa Change Based on Spousal Misconduct

In circumstances where the divorce is a result of the Korean spouse’s misconduct, such as violence or adultery, the foreigner may apply for an F-6-3 (Fault-Based) visa. This visa is only granted when there is clear evidence of the Korean spouse’s wrongdoing or responsibility for the divorce. In such cases, legal proceedings must be initiated, ensuring that the foreigner’s right to remain in Korea is upheld by the courts.

Visa Change Options After Mutual Divorce

If retaining the F-6 visa is not feasible following a mutual divorce, there are alternate visa pathways available. For instance, if a foreigner like A has graduated from a university in Korea or meets certain point criteria, they may change to a D-10 (Job-Seeker) visa, which allows them to search for employment while residing in Korea.

Upon securing a job, they may upgrade to an E-7 (Special Activities) visa or, in case of investment scenarios, a D-8 (Business Investment) visa may be available. However, the feasibility of such changes depends heavily on the foreigner’s qualifications, including education, work experience, and investment amounts, which can be stringent criteria to meet.

Thus, foreigners contemplating a visa change should prepare meticulously based on their unique circumstances.

What If Changing to Another Visa Isn’t an Option?

If a foreign national on an F-6-1 visa decides to pursue divorce without child custody arrangements or spousal fault being present, switching to another visa will generally not be possible. This situation may necessitate their departure from Korea. Therefore, it’s vital to resolve any visa-related issues before proceeding with a divorce, and if needed, to seek legal assistance to explore options for extending their stay.

Essential Steps Before Divorce

Foreigners with an F-6 visa considering divorce should prioritize resolving their visa status first. If they intend to remain in Korea post-divorce, it’s critical to assess their situation accurately and consult with an immigration specialist or attorney to take appropriate steps. Since extending their stay post-divorce may hinge on their visa status, ample preparation is essential.

This information reflects the circumstances as of the article’s writing and is subject to change based on government policies. Furthermore, this article is intended for informational purposes only and does not provide legal interpretations or advice. For additional consultations, please visit our 1:1 Counseling Board.