Can I Stay in Korea After Divorce: A Comprehensive Guide
Divorce is never an easy decision, especially when you’re living in a foreign country. Many people wonder what will happen to their visa status or their ability to stay in the country after a divorce. In this article, we’ll explore the various options available to foreigners who want to stay in Korea after a divorce.
Understanding Your Visa Status
The first step is to understand your current visa status. If you’re on a marriage visa (F-6), your visa is tied to your spouse. This means that if you get divorced, your visa will be canceled. However, there are other options available.
Changing Your Visa Status
If you want to stay in Korea after a divorce, you may need to change your visa status. There are several options available, including a student visa (D-4), a working holiday visa (H-1), or an employment visa (E-7). Each of these visas has its own requirements and limitations, so it’s important to do your research before making any decisions.
- Talk To Me In Korean (Author)
- English (Publication Language)
- 164 Pages - 09/21/2015 (Publication Date) - Longtail Books (Publisher)
- Kim, Woojoo (Author)
- English (Publication Language)
- 6 Pages - 11/23/2021 (Publication Date) - Tuttle Publishing (Publisher)
Applying for a Divorce Visa
If you’re unable to change your visa status, you may be able to apply for a divorce visa (F-2-99). This visa is specifically designed for foreigners who are going through a divorce and want to stay in Korea. To qualify for this visa, you’ll need to provide proof of your divorce and show that you have sufficient funds to support yourself.
Applying for Permanent Residency
If you’ve been living in Korea for a long time and have strong ties to the country, you may be able to apply for permanent residency. This will give you the right to live and work in Korea indefinitely. However, the application process can be lengthy and complicated, and there are strict requirements that you’ll need to meet.
Consulting with an Immigration Lawyer
If you’re unsure about your options or have questions about the application process, it’s a good idea to consult with an immigration lawyer. They can help you understand your rights and guide you through the process of applying for a new visa or permanent residency.
Understanding Korean Divorce Laws
It’s also important to understand the divorce laws in Korea. Divorce is still somewhat taboo in Korean society, and the process can be complicated and difficult. You’ll need to work with a lawyer who is familiar with Korean divorce laws and can help you navigate the process.
Dealing with Property and Assets
If you’re going through a divorce in Korea, you’ll also need to deal with property and assets. This can be especially complicated if you own property or assets in both Korea and another country. You’ll need to work with a lawyer who has experience in international divorce cases.
Caring for Children
If you have children, you’ll also need to consider their well-being during and after the divorce. There are laws in Korea that govern child custody and support, and you’ll need to work with a lawyer who can help you navigate these laws.
Dealing with Emotional Stress
Divorce is always emotionally stressful, but it can be even more so when you’re living in a foreign country. It’s important to take care of your mental health during this time, whether that means talking to a therapist or seeking support from friends and family.
Conclusion
Going through a divorce in Korea can be complicated and stressful, but there are options available for foreigners who want to stay in the country. Whether you’re looking to change your visa status, apply for a divorce visa, or pursue permanent residency, it’s important to understand your options and work with an experienced lawyer who can guide you through the process.
What are the divorce laws in Korea?
In Korea, it is not possible to obtain a no-fault divorce, except when both parties agree. Instead, the divorce process is based on determining who is at fault, with one party being considered the wrongdoer and the other the victim. The courts believe that an innocent spouse should not be forced into a divorce they don’t want.
How long does it take to get a divorce in Korea?
- Talk To Me In Korean (Author)
- English (Publication Language)
- 164 Pages - 09/21/2015 (Publication Date) - Longtail Books (Publisher)
- Kim, Woojoo (Author)
- English (Publication Language)
- 6 Pages - 11/23/2021 (Publication Date) - Tuttle Publishing (Publisher)
If a divorce case in Korea is completed during its initial stage, the entire process can take around 6 to 12 months. This timeline applies to cases seeking legal grounds for divorce through a trial. The specified date for this information is January 2, 2023.
Can a foreigner stay in Korea permanently?
To obtain permanent residency in South Korea, individuals must meet the requirements for the F-5 visa. This visa requires investing around 600 million KRW (500,000 USD) or more in a Korean business and employing at least five local individuals.
Is divorce easy in Korea?
The divorce rate in Korea used to be quite low, but it increased significantly from 1980 to 1994 and continued to rise by 250% between 1992 and 2002. As a result, the current divorce rate in South Korea is now higher than Japan’s, and is among the highest in the world.
How long can foreigners stay in Korea?
For a period of 90 days, from April 1st, 2023 to December 31st, 2024, US citizens traveling to Korea for tourism or business purposes will not need to obtain a Korean Electronic Travel Authorization (K-ETA). However, a visa is required for all other reasons such as employment, English teaching, or stays longer than 90 days.
Can you stay in Korea if you marry a Korean?
If someone is married to a Korean national, they can stay in Korea by obtaining the F-6 marriage immigrant visa. Even if the individual already has a different type of visa and has been living in Korea, they can change their visa to F-6.
It’s also important to remember that cultural differences may come into play during a divorce in Korea. For example, Korean divorce laws may differ from those in your home country, and there may be different expectations or customs surrounding divorce proceedings. It’s important to be respectful of these differences and work with a lawyer who understands both Korean and foreign legal systems.
Additionally, language barriers can make the process even more difficult. If you’re not fluent in Korean, it’s important to find a lawyer who can communicate effectively with you in your native language. This will help ensure that you fully understand the legal proceedings and can make informed decisions about your future in Korea.
It’s also worth noting that divorce can have financial implications, both during and after the process. You’ll need to consider how the divorce will impact your income, savings, and assets, as well as any potential spousal or child support payments. A financial advisor can help you navigate these issues and plan for your future financial stability.
Finally, it’s important to take care of yourself during this challenging time. Divorce can be emotionally draining, and it’s important to prioritize self-care and seek support from friends, family, or professionals as needed. Whether you participate in therapy, join a support group, or simply prioritize healthy habits like exercise and self-reflection, taking care of yourself will help ensure that you emerge from the divorce stronger and more resilient than ever before.
