A foreign national divorced from a Korean spouse may remain in Korea under F-6-2 status to raise a minor child. Where the Korean spouse bears primary responsibility for the marriage breakdown, the foreign spouse may apply to remain under F-6-3. A person who qualifies for neither may apply for F-1-6 status to divide property or settle family matters. The relevant criteria address actual childcare, the cause of the marriage breakdown, and family matters that require the applicant’s presence in Korea.
F-6 status after divorce
Divorce ends the basis for F-6-1 status as the spouse of a Korean national. Applicants who meet the childcare or marriage-breakdown requirements may continue to reside under F-6 status.
| 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 |
F-6-3 status is available through an application in Korea, rather than a visa issued by an overseas mission. A person who already holds F-6-1 status generally applies for an extension on childcare or marriage-breakdown grounds.
Childcare and visitation under 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 reviewing officer verifies the applicant’s actual care of the child and conducts a field investigation if necessary.
A parent who does not directly raise the child may still qualify by showing visitation rights and continuing contact. Where visitation has been restricted or excluded by a family court decision, or there is no contact with the child, stay is not permitted.
F-6-2 eligibility depends on the child’s need for care, without attributing fault for the marriage breakdown. Applicants with minor children should therefore first assess their eligibility for F-6-2. Each extension may be granted for up to three years (as of 2026).
Marriage breakdown and spousal fault under F-6-3
A person without minor children may remain under F-6-3 where the marriage can no longer continue because the spouse has died or disappeared, or for other reasons not attributable to the applicant. This includes cases in which the Korean spouse bears primary responsibility for the breakdown, such as desertion or violence.
The claim that the applicant was not responsible for the breakdown must be supported by evidence. Court records, investigative or medical records, and third-party confirmations can substantiate the account of how the marriage ended. Evidence of violence or desertion can become harder to obtain over time, so preparation needs to begin before divorce proceedings.
An applicant at fault for the breakdown who supports the Korean spouse’s parents or family may provide evidence of that support and receive permission to stay for up to one year (as of 2026).
F-1-6 status and residence during divorce proceedings
An applicant who qualifies for neither F-6-2 nor F-6-3 may remain under F-1-6 where their presence in Korea is necessary to divide property or settle family matters. Permission is granted for up to six months at a time, with a maximum of one year from the change of status. If related litigation, such as a claim for the return of a deposit, continues beyond that year, the applicant may remain under G-1 status until the proceedings end (as of 2026).
For applicants who are separated or in divorce proceedings, F-6-1 extension review examines whether a normal marital relationship exists at the time of the decision. If the marriage has broken down and the Korean spouse bears primary responsibility, eligibility under F-6-3 may be considered before the divorce is final. See our analysis of the judgment on F-6 residence before a final divorce.
Evidence of fault after divorce by agreement
Documents recording a divorce by agreement often do not establish responsibility for the marriage breakdown. Where a couple without minor children divorced by agreement following the Korean spouse’s desertion, proof of the divorce needs to be accompanied by evidence of when the spouse left and how that departure brought married life to an end.
The duration of the marriage, the couple’s actual life together, and the events leading to the breakdown are examined to establish the Korean spouse’s primary responsibility. Evidence of the applicant’s life in Korea and need to remain is also relevant, but the documents must substantiate fault as the basis of the application under F-6-3.
Expiry dates and applications to extend or change status
If the current period of stay will expire before the divorce is final, the appropriate status is assessed on the basis of the couple’s actual married life, childcare, and responsibility for the breakdown. The timetable for an extension or change of status must account for the expiry date and when evidence of the relevant requirements will be available.
Frequently asked questions
Law Firm Lawyeon Immigration Law 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 brings together attorneys Junwoo Min, Dohyun Nam, and Seungchul Kim, criminal-law specialists with extensive immigration advisory experience, and Senior Advisor Taemin Ahn. Mr Ahn has served at the Seoul Global Center, headed a Ministry of Justice Global Start-up Immigration Center, and served on the Foreign Workers' Rights Protection Council of the Seoul Regional Employment and Labor Administration. Together, they established Law Firm Lawyeon's dedicated 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 Law Center of Law Firm Lawyeon (lawyeon-immigration.com).