Is it possible to change to an E7 visa after being caught working illegally with a D2 visa in Korea?

Hello, I am Kim Seong In, an administrative attorney.

Recently, a Chinese student came to my office. He was a fourth-year student majoring in trade at C University. The student stated that they had engaged in illegal employment at S Company for two months. Upon reviewing the student's income verification documents, it was confirmed that they had received 2.1 million won per month from S Company for two months. The student claimed that they had never been detained or fined for illegal employment and inquired whether it was possible to change their visa status from D2 to E7 in the near future.

I explained that even if the applicant does not submit an income verification document to the immigration office, the relevant immigration office can verify the applicant's income through information linkage with the National Tax Service, and therefore the applicant could be subject to a fine. However, I advised that since the expected fine amount is less than 2 million won, the applicant may be granted one opportunity to extend their stay. The information provided to the student is summarized below.

 

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Whether a foreign national holding a D2/D10 visa can change to an E7 visa after being caught for illegal employment depends on the circumstances of the violation and the amount of the fine.

 Penalties for illegal employment

If a D2/D10 visa holder is caught engaging in activities outside the scope of their visa status (unauthorized part-time work), the following penalties apply:

Fines are imposed on a sliding scale based on the duration of employment:

Less than 1 month: 2 million won

1 month or more but less than 3 months: 3 million won

3 months or more but less than 6 months: 4 million won

6 months or more but less than 1 year: 7 million won

1 year or more but less than 2 years: 10 million won

 

Possibility of changing to an E7 visa

The possibility of changing to an E7 visa for D2/D10 visa holders caught working illegally is as follows:

If the total penalty fee exceeds 2 million won: Changing to a D10 visa is restricted. Since changing to an E7 visa also falls under the category of changing to another visa, it is highly likely to be restricted.

If the total amount of fines exceeds 5 million won: You will be subject to deportation, and any change to another visa will be restricted.

First offense: If it is the first offense and the employment period is not long, you may receive a reduction in the fine, resulting in a fine of less than 2 million won, and you may be granted one opportunity to remain in the country.

Violations in the construction industry: If you are caught in the construction industry, you will be immediately ordered to leave the country and subject to entry restrictions, regardless of the number of violations.

Time-based restrictions on eligibility

When changing to a D10 visa, restrictions apply if there have been violations in the past three years. This principle is likely to apply to other employment visas (including E7). Therefore, restrictions may be lifted after three years have passed since the violation.

 

In conclusion, D2/D10 visa holders caught working illegally may be eligible to change to an E7 visa if the fine amount is 2 million won or less, or if three years have passed since the violation. However, the exact determination may vary depending on the latest immigration policies and individual circumstances, so it is advisable to consult with an administrative attorney specialized in immigration. End.