"If I divorce, do I lose my F-6 visa and have to leave Korea?" Not necessarily. A person raising minor children can continue under child-rearing status (F-6-2); a person not responsible for the breakdown of the marriage can continue under marriage dissolution status (F-6-3); and even outside those two cases, family-affairs status (F-1-6) allows stay for property division and settling family matters. What matters is not the divorce itself but how responsibility for the breakdown and the need for continued stay are substantiated.
F-6 subcategories and the structure after divorce
Marriage immigration (F-6) status is treated differently after divorce depending on the subcategory.
| Subcategory | Who it covers | After divorce |
|---|---|---|
| F-6-1 Spouse of a national | A person validly married to a Korean national and continuing married life | Basis extinguished when the marriage ends |
| F-6-2 Child-rearing | A parent raising, or intending to raise, in Korea a minor child born of the marriage (including de facto marriage) with a national | Stay continues if child-rearing is recognized |
| F-6-3 Marriage dissolution | A person unable to maintain the marriage due to the spouse's death or disappearance, or other causes not attributable to them | Stay continues if lack of fault is substantiated |
Marriage dissolution status (F-6-3) is not issued as a visa at an overseas mission; it is granted only by change of status within Korea. Please also note that a person already staying as spouse of a national (F-6-1) at the time of application is generally handled through an extension of stay on child-rearing or dissolution grounds rather than a fresh change of status.
Requirements of child-rearing status (F-6-2)
A person raising, or intending to raise, in Korea a minor child born of the marriage with a national (including de facto marriage) may stay under child-rearing status (F-6-2). The review confirms whether the applicant is actually raising the child, with an on-site inquiry where needed.
Even a parent not raising the child directly may have stay recognized by substantiating visitation rights and continuing contact with the child. Where visitation has been restricted or excluded by a family court decision, or there is no contact with the child, stay is not permitted.
Because child-rearing status is assessed around the child's need for care, independently of fault for the breakdown, it is appropriate to consider F-6-2 before F-6-3 where there are minor children. Extensions of stay are granted within a three-year range (as of 2026).
Marriage dissolution (F-6-3) and substantiating fault
Even without minor children, a person who can no longer maintain a normal marriage due to the spouse's death or disappearance, or causes not attributable to themselves, may continue to stay under marriage dissolution status (F-6-3). Cases where the principal responsibility lies with the Korean spouse — desertion or violence, for example — fall here.
The center of the review is substantiating with objective materials that the breakdown was not your fault. Statements or circumstances alone are not sufficient; depending on the case, court records showing the course of the divorce, investigative or medical records, and third-party confirmations are required. Circumstances such as violence or desertion become harder to document as time passes, so preparation needs to begin before the divorce procedure starts.
Meanwhile, even a person partly at fault for the breakdown may, where they are supporting the Korean spouse's parents or family, substantiate that support and receive permission to stay within a one-year range (as of 2026).
Family-affairs status (F-1-6) and stay during separation or litigation
Where neither child-rearing nor dissolution applies, a person for whom stay in Korea is unavoidable for property division or settling family matters may stay under family-affairs status (F-1-6). Permission is granted within six months at a time, up to one year from the change of status; where related litigation such as a deposit-refund suit continues past one year, stay may continue under miscellaneous (G-1) status until the litigation ends (as of 2026).
During separation or pending divorce litigation, the marriage remains legally in force, so an extension may be obtained as spouse of a national (F-6-1), moving to child-rearing (F-6-2) or dissolution (F-6-3) once the divorce becomes final — this is the usual sequence. It should be noted, however, that failing to substantiate the intent to maintain the marriage and the reasons for the separation can weigh against you in the extension review.
When the divorce was by agreement
Suppose, for example, a marriage ended by agreement without minor children, where the cause of the breakdown was the spouse's desertion. Whether dissolution status (F-6-3) will be recognized cannot be judged on general criteria alone: unlike a judicial divorce, a divorce by agreement often leaves no documentary record of fault, so the existence and provability of the no-fault grounds differ case by case.
In such matters, 1) the course and timing of the breakdown, 2) the existence of materials supporting that account, 3) the length and substance of the marriage, and 4) the basis of life in Korea and the need for stay are examined together, and the conclusion can differ with the specific facts, so case-by-case review is required.
The order of review before and after divorce
Taking the above together, if divorce is ahead it is advisable first to confirm which path — child-rearing, dissolution or family affairs — your situation falls under; to secure materials on responsibility and on care and support relationships alongside the divorce procedure; and to apply for the corresponding permission when the divorce becomes final.
Frequently asked questions
Law Firm Lawyeon Immigration Center provides legal services specialized in the integrated handling of Korean immigration and visa matters together with criminal cases and immigration-violation reviews, built on extensive case experience, professional networks, and practical knowledge.
The Center was founded through the organic collaboration of attorneys Junwoo Min, Dohyun Nam, and Seungchul Kim — criminal-law specialists who have advised across a wide range of immigration matters — with Senior Advisor Taemin Ahn, who has served at the Seoul Global Center, as a center head at the Ministry of Justice's Global Start-up Immigration Center, and as a member of the Foreign Workers' Rights Protection Council of the Seoul Regional Employment and Labor Administration. It is Law Firm Lawyeon's dedicated center for immigration practice.
In particular, for departure orders and entry-ban dispositions that follow a final criminal conviction, the Center presents effective solutions through an integrated strategy spanning criminal defense, objections to the disposition, and applications to lift the entry ban, and it supports stable business activity in Korea by managing many clients' immigration risk.
This article is intended as general information about the relevant legal framework and is not legal advice on any individual matter. Determinations concerning immigration status may differ depending on specific facts such as residence history, income and contractual relationships. If your situation requires individual review, you may request a consultation with the Immigration Support Center of Law Firm Lawyeon (lawyeon-immigration.com).