Posts

“Is It Possible for Foreigners Detained in Immigration Detention Centers to Apply for a Refugee Visa (G‑1‑5)?

  Even if a foreigner is detained in an immigration detention center, it is still possible to apply for refugee status, and the places where applications can be filed explicitly include both ‘immigration offices’ and the ‘head of the immigration detention center.’ However, when proceeding with the procedure, it is important to consider at the same time the issues of forced deportation, continuation of detention, and the possibility of temporary release from detention.   1. Legal Basis for Applying for Refugee Status from Inside a Detention Center   - Refugee ‑ related laws and manuals state that an application for refugee recognition may be submitted to ‘the head of the competent immigration office, the head of its branch office, or the head of the immigration detention center.’ - Because foreigners detained in a detention center do not have freedom of movement, in practice it is explained that ‘in reality there is virtually no option other than applying for refu...
Post a Comment
Read more

“‘Can Overstayers Also Apply for a Refugee Visa? A Practical Guide to Changing to G‑1‑5’

  For example, there is the question of under what conditions an overstayer facing a departure order can protect their stay through a refugee application. Even if a person is in an overstay situation, once they apply for refugee recognition while in Korea, they can, in principle, halt forced deportation for the time being and undergo screening through the granting of refugee applicant (G ‑ 1 ‑ 5) status. However, ‘refugee application = automatic legalization’ is not the case, so risks related to immigration control and criminal/administrative sanctions are reviewed together, depending on the timing of application, the circumstances of the application, and past violations.   1. Basic Structure of Refugee Applicant (G ‑ 1 ‑ 5)   o Position of G ‑ 1 - G ‑ 1 is an ‘Other’ status of stay granted to persons who do not fall under ordinary statuses from Diplomat (A ‑ 1) to Visit and Employment (H ‑ 2) and Permanent Resident (F ‑ 5), but whose stay is recognized by the Mi...
Post a Comment
Read more