D-9-4 and D-9-5 are initially granted for one year in most cases. Extensions depend on a review of the business’s operations. After at least five years under D-9 status, the holder may apply to change to F-2-99 residence status. If approved, the holder can continue the same business with a more stable basis for long-term residence.
Business operations in a D-9 extension review
A D-9 extension review examines revenue shown in tax filings, evidence that the business premises are maintained, the applicant’s residence and employment records. Meeting the initial investment requirement will not support an extension if the business is not actually operating.
The review covers both the position at the time of application and the operating record. Retaining sales, tax and business records allows the applicant to demonstrate continued operations throughout the period of stay.
F-2-99 eligibility requirements
In addition to at least five years under D-9 status, an F-2-99 application is assessed against residence, conduct, income and assets, and language and integration requirements.
| Area | Content |
|---|---|
| Residence | A place of residence suitable for long-term stay |
| Conduct | Immigration Control Act violations, criminal punishment, tax arrears |
| Income & assets | Assets of at least KRW 20 million in the applicant’s own name, held for at least six months; the applicant’s own annual business income of at least KRW 40 million |
| Language & integration | KIIP stage 4 or higher, graduation from a Korean university, or another qualifying route |
The conduct assessment takes account of immigration violations, criminal penalties and tax arrears during the applicant’s stay. The applicant must also have the required income and asset evidence and language qualifications when applying. These requirements may not all be satisfied on the date the five-year residence period is completed.
Family residence and life in Korea
F-3 dependent family members must each obtain an extension before their own permitted stay expires. Applications are assessed by reference to the principal holder’s permitted stay and the family relationship. F-3 generally does not permit employment. A spouse wishing to work or operate a separate business must qualify for an appropriate status based on their education and experience.
School-age children can attend Korean elementary, middle and high schools. Universities also offer special admission tracks for foreign applicants whose parents are both foreign nationals.
Foreign nationals eligible for self-employed National Health Insurance generally become insured after six months in Korea. Workplace coverage, dependent registration and the start of coverage for particular immigration statuses follow separate rules. Real-estate purchases face few legal restrictions, and the basic tax framework is the same as for Korean nationals. Commercial tenants’ rights to request lease renewal and recover a business premium also apply regardless of nationality. Residence-based tax concessions, such as the one-household-one-home exemption, and certain commercial lease provisions above the statutory converted-deposit threshold may apply differently.
Income, violation records and application timing
Consider a D-9 holder who has completed five years in Korea but whose previous annual business income fluctuates around the threshold and who has one immigration penalty on record. The outcome depends on the assessed income and the nature of the violation as well as the length of residence.
Annual income records, the violation and elapsed time, and the date the language requirement was met identify any outstanding requirements. Application timing also affects the period assessed. The appropriate filing date therefore depends on when the requirements are met, rather than simply the five-year anniversary.
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).