2023-01-08BY Immikorea

F6 이혼

F-6-3 marriage visa extension (first extension after divorce)

F-6 visa extension is simple during marriage, but the first visa extension after divorce is very difficult.

The visa that we generally know, if you are maintaining a married life, is the F-6-1 visa. However, if you get divorced, it will be changed to F-6-2 or F-6-3 visa depending on the situation at the time of divorce.

An F-6-2 visa can be obtained in any form of divorce if you have children and have custody or interview rights. However, in the case of an F-6-3 visa without children born to a Korean spouse, you have to go through a really long and tough divorce process. In the case of foreigners, the divorce process is difficult, but the issue of extending the F-6 visa is also very important because you have to continue living in Korea in the future.

Types of F-6 visa extensions

F-6-1 visa extension: extension during separation or divorce proceedings

If a foreigner staying on an F-6-1 visa is separated from a Korean spouse, an extension of the F-6 visa is possible. Separation means that you are still married but have not lived together for a long period of time. In this case, it is important to prove the reason for the separation. You can extend your F-6 visa even if a lawsuit for divorce with your Korean spouse is in progress, including cases in progress or appeals.

F-6-2 visa extension: permission to stay for the purpose of raising minor children

A parent or mother who wants to raise or raise a minor child born in Korea in a marital relationship with a Korean (including a de facto marital relationship).

This is not applicable if you are raising a child born to an ex-spouse other than a Korean spouse. Only children born to Koreans are eligible for residence permit.

As proof of child rearing, you can submit a court judgment on designation of custody holder or right to bargain for an interview. In case of common-law relationships, other birth certificates, genetic testing confirmation, etc. must be submitted

The stay permit period for the F-6-2 visa is until the minor child reaches adulthood.

From January 28, 2021, a new residence visa (F-2-15) for “child caregivers whose children have reached adulthood” has been newly established. Therefore, even if your child becomes an adult, they can change their visa and continue to stay in Korea.

Learn more about the F-2-15 “custodian of a child whose child has reached the age of majority” visa (click)

F-6-3 visa extension: residence permit due to death, disappearance, or divorce due to reasons attributable to the other party

F-6-3 visa can be extended to foreigners who are unable to maintain a normal marital relationship due to the death or disappearance of their spouse while staying married to a Korean, or other reasons for which they are not responsible.

In the case of death or disappearance, you can submit a death report and a court’s declaration of disappearance.

It is very difficult to extend the visa if you are divorced with no children born to your Korean spouse. Due to the nature of marriage, it is not easy to prove the other party’s fault. Suddenly, it is impossible to decide a divorce and collect evidence. Therefore, you need to prepare before divorce. Please seek professional help for this.

Documents proving the reason attributable to the other spouse

Documents proving that the marriage has been cut off due to the main reasons attributable to the national spouse, such as the runaway of the Korean spouse, violence, and domestic discord (e.g.: the national spouse’s runaway report, hospital medical certificate due to spouse’s assault, etc.) Confirmation of related organizations, confirmation of relatives within 4 villages of the national spouse, confirmation of the council who lived when the marriage relationship was halted, etc.)

F-1-6 visa: Permission to stay for housekeeping after divorce

If you are not allowed to extend your visa due to divorce, this is the final visa you can apply for. It gives you time to clean up your rental deposit or business. Usually, a period of stay of 6 months to 1 year is granted. You will not be able to work at the company during this period.