The Issue of Illegal Employment Among D2 Visa Students

Recently, there has been an increasing number of cases in South Korea where international students on D2 visas face complications with illegal employment while attempting to switch to a D-10 job-seeking visa after graduation. Specifically, many students have been caught working part-time without permission, leading to consequences from the immigration office. In this article, we’ll explore the case of a D2 student who was flagged for illegal employment while preparing for the D-10 visa transition, focusing on the potential for changing residency status after paying fines and strategies to manage immigration inquiries.

Table of Contents

What Constitutes Illegal Employment?

Illegal employment refers to engaging in economic activities that fall outside the authorized residency status according to South Korean immigration law. International students holding D2 (study) visas are only allowed to work part-time within a limited scope, and they must obtain prior approval (work permit) before engaging in any employment. Working without permission is considered illegal employment, which can lead to penalties such as hefty fines, restrictions on visa extensions and changes, and, in severe cases, deportation.

Penalties Associated with Illegal Employment

Fines: Penalties can range from 1 million to 5 million won, depending on the duration and nature of the violation.
Restrictions on Visa Extensions and Changes: If you have a record of illegal employment, the likelihood of changing your residency status to D-10 becomes considerably slim.
Deportation and Entry Bans: In serious situations, such as prolonged illegal employment or repeated violations, students can face deportation from South Korea.

Analyzing the Impact of Fines on D-10 Visa Transition

In this case, a D2 student trying to transition to a D-10 (job-seeking) visa was caught working part-time at a restaurant without proper authorization. So, what are the chances of transitioning to a D-10 visa after paying the fines?

Is a 3 Million Won Fine a Deal-Breaker for D-10 Transition?
Paying a fine exceeding 3 million won is likely to be viewed seriously under immigration laws, making it highly probable that the visa change application will be denied. Extension of stay might also become difficult.
Could a 2 Million Won Fine Allow for D-10 Transition?
While a 2 million won fine is still significant, it may offer a better chance for approval than a higher fine, though the illegal employment record could negatively affect the review. However, the decision ultimately rests with the discretion of the immigration officer.
Can I Apply for D-10 Just a Few Days After Paying the Fine?
Immediate application for visa change post-fine payment isn’t feasible. Typically, a waiting period (ranging from several weeks to several months) is mandatory before applying for residency status alteration.

Responding to Immigration Office Inquiries

If facing an inspection at the immigration office, it’s advisable to seek assistance from a visa specialist, such as an administrative lawyer, to respond effectively:

Explain the Circumstances of Illegal Employment
Highlight that the illegal employment was a mistake and emphasize any personal difficulties that led to this choice, making it clear that you won’t repeat the error.
Submit a Letter of Remorse and Request for Leniency
Submitting a letter expressing remorse can be beneficial. It’s crucial to communicate your financial situation, academic plans, and your desire to work legally in South Korea moving forward.
Negotiate Reduction of the Fine and Installment Payments
You could request a reduction of the fine due to economic hardship and inquire if payment in installments is an option. Stressing your status as a student may help in getting some relief.
Discuss D-10 Visa Transition Possibilities
After paying the fine, it’s necessary to consult directly with the immigration officer about whether transitioning to a D-10 visa is still an option. If it turns out to be unavailable, consider strategies like exiting the country for a period before re-entering.

Precautions for D-2 Visa Students

Foreign students studying in South Korea need to be aware of the legal issues that could arise from illegal employment:

Always secure a work permit before taking up part-time jobs.
Submit a letter of remorse and request leniency immediately if caught.
Verify potential for penalty reduction and possibilities for residency status changes if penalized.
Maintain a composed demeanor during immigration inquiries and seek professional help when needed.

As illustrated in this case, illegal employment is not merely a matter of bearing a fine; it has far-reaching consequences. If you wish to continue residing in South Korea while maintaining your student status, it’s vital to familiarize yourself with relevant laws and follow appropriate procedures.

This article is based on information available as of February 2025, and individual situations may vary. For personalized consultations, please visit the 1:1 Consultation Board. Check out the D2 Visa Manual.