If you are married, the visa you have is the F-6-1 visa. However, if you divorce, you will be changed to an F-6-2 or F-6-3 visa depending on the reason for the divorce.
It is very important to extend your first F-6 visa after a divorce, because if there is no reason for your residence permit, your visa extension may be denied. This is especially the case if you have no children with your Korean spouse. In this case, you must prepare well before divorce.
Once the first extension is granted, you can continue to extend it with a simple procedure from then on.
1. F-6-1 visa: Permit to stay during separation or divorce suit
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 the couple remains married for a long time, but the couple has not lived together for a long 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.
2. F-6-2 visa: Permit 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.
3. F-6-3 visa: residence permit due to death, disappearance, or divorce
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 difficult to prove the reason attributable to the other person. 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.)
4. F-1-6 visa: Permit to stay for housekeeping after consultation 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 cannot work for the company during this period.
If you are thinking about divorce Prepare in advance
immikorea provides advice on proving the reasons attributable to the trial before divorce.