17, 2019 december
The Korean National Assembly is debating tougher charges for the companies of illegal residents. For many voluntarily reporting unlawful residence by 28 February 2020, charges will likely be paid off or exempted.
Unlawful residents are susceptible to fines which range from KRW 1,000,000 for unlawful remains of lower than one month to KRW 20,000,000 for illegal remains of 3 years or even more.
The utmost penalty for companies of unlawful residents is KRW 20,000,000 OR three yearsвЂ™ imprisonment. The proposed amendment presently under conversation would increase this to KRW 50,000,000 AND 5 years of imprisonment.
Voluntary Reporting for Prohibited Residents
For unlawful residents who voluntarily report their domestic status by 28 filipino dating February 2020 and therefore are scheduled to go out of the nation by 30 June 2020:
- The penalty fee will be exempted.
- A вЂњCertificate of Voluntary DepartureвЂќ will undoubtedly be granted, permitting them to reapply for the Korean visa in the long run. On reapplying, they’ll certainly be given a single-entry visa that is c3 a maximum stay of 3 months. Should they then leave the united states within 3 months, and without committing any illegal activities, they might qualify for numerous entries and a lengthier timeframe of stay the very next time they make an application for a visa.
- They will be permitted to make an application for TOPIK (Test of Proficiency in Korean). When they get degree 2 or above, they will be permitted to submit an application for an E9 visa (for workers from particular countries just).
For illegal residents who voluntarily report their domestic status by 28 February 2020 but they are scheduled to go out of the nation after 30 June 2020; OR
For unlawful residents that do not voluntarily report their unlawful domestic status by 28 February 2020 and they are caught by federal federal government investigation after 2 March 2020:
- The penalty charge shall be imposed together with breach duration are going to be determined from 1 March 2020.
- Any foreign national who paid a penalty fee for illegal residence will be banned from re-entry to South Korea for between six months and one year whether or not they voluntarily reported their residential status.
- People who don’t pay the penalty charge in complete will likely to be forever forbidden from entering Southern Korea.
Voluntary Reporting for Companies
- The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
- For companies who report during this time period, the penalty charge is going to be exempted and their illegally-resident employees will undoubtedly be permitted to remain for three more months through the reporting date.
Agriculture and fishing industry
- The reporting that is voluntary will run between 11 December 2019 and 15 January 2020.
- The penalty fee will be exempted and their illegally-resident employees will have legal opportunities for seasonal work for employers who report within this period. a visa that is new for regular employees (E8) is under conversation during the Ministry of Justice.
Little and businesses that are medium-sized the Employment allow System (EPS)
- The reporting that is voluntary will operate between 11 December 2019 and 31 March 2020.
- For employers whom report inside this duration, 30% associated with penalty fee will be imposed. Nevertheless, they will be banned from hiring foreign nationals for at least three years if they are caught by government investigation without having reported, 100% of the fee will be imposed and. The penalty cost will be determined by immigration officers on the basis of the length of the time of breach.
- For unlawful residents reported by their companies in this particular duration, 30% regarding the penalty fee are going to be imposed, and they’re going to be allowed to work on the sponsoring business until their visa that is e9 expires. When they choose to work somewhere else, the Ministry of Employment and work can help them to get another task. Nevertheless, if they’re caught by federal government investigation with out reported, 100% for the penalty fee will undoubtedly be imposed plus a departure order that is forced.
A D8 visa owner sponsored by company A, inadvertently missed the expansion due date for his or her Alien Registration Card (ARC).
- A penalty cost will be imposed. The time scale of breach are determined through the after the ARC expiry date day.
- Then the ARC holder will be exempted from the ban on re-entry if the immigration officer finds that the application deadline was missed by mistake.
- Most of the required documents must certanly be ready and, moreover, both ARC holder and boss must not have legal violations and unpaid fees.
- There isn’t any big change set alongside the present policy.
An D8 visa owner sponsored by business a has additionally been working at business B, that is within the group that is same business A.
The visa owner happens to be compensated from both entities but his D8 visa was sponsored by business A only, therefore the ongoing work on business B had not been reported towards the immigration workplace.
- A penalty charge are going to be imposed for both the ARC owner and company B.
- The time scale of breach will be determined through the date the visa owner received payments from business B, that exist via their withholding tax certificates.
- The re-entry ban (for half a year to a single 12 months) will be different from instance to situation, during the discernment of immigration officers, however it is likely that to be employed more often than not. The alternative of a re-entry ban in such cases is a policy that is new.
- The D8 visa holder and their 2nd workplace have to prove it was a straightforward blunder and never deliberate income tax avoidance.
An E9 visa owner has finished work on the visa sponsor business (company A). The E9 visa has validity that is remaining and also the owner has obtained a new work at an alternate business (company B) to get results before the E9 expiration date.
- Irrespective of visa type, working at a company that is non-sponsoring illegal as well as the Korean government will impose the stiffest laws in these instances.
- A penalty charge for both boss and worker are going to be determined through the date the visa owner began just work at business B.
- Year the visa holder will also receive a departure order and will be banned from re-entry to South Korea for between six months and one. In the event that penalty just isn’t compensated, the ban will be permanent.
Companies whom might be impacted are encouraged to contact a Newland Chase immigration consultant for case-specific advice.
For general information and advice on immigration and company journey to Southern Korea, please contact us.