“‘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 Minister of Justice on humanitarian grounds or similar reasons.

- The scope includes Industrial Accident (G‑1‑1), Medical Treatment (G‑1‑2), Litigation (G‑1‑3), Unpaid Wages (G‑1‑4), Refugee Applicants (G‑1‑5), and Humanitarian Stay Holders (G‑1‑6), among others.

 

o Definition of Refugee Applicant (G‑1‑5)

- ‘A foreigner who is in the Republic of Korea and has applied for refugee recognition’ is eligible for G‑1‑5.

- Once a refugee application is filed, a period of stay is generally granted and extended in the range of 6 months to 1 year, and this status serves as the legal basis for stay while refugee screening, appeals, and litigation are in progress.

 

This can include not only those who are currently in lawful status but also, under certain conditions, those who have already overstayed.

 

2. Can Overstayers Also Apply for Refugee Status?

 

o Possibility of applying at all

- The Immigration Control Act and the Refugee Act assume that ‘foreigners who are in the Republic of Korea’ may apply for refugee recognition, and G‑1‑5 includes ‘persons who do not fall under other statuses such as Diplomat or Visit and Employment but are recognized by the Minister of Justice.’

- Under the guidelines, those eligible for G‑1 include, regardless of existing visa type, all persons who do not fall under another status of stay but whose stay needs to be recognized on humanitarian grounds.

 

→ In summary, ‘even if a person is in overstay status, as long as they are in Korea, the procedure of “applying for refugee status” itself is possible,’ and as a result they may be considered for the granting of G‑1‑5.

 

o However, the following points are considered together:

- If someone has been overstaying for a long period and appears to be using a refugee application merely as a means to avoid deportation, strong doubts may be cast on the sincerity and credibility of the refugee claim, and the possibility of fines, departure orders, and entry bans for immigration violations is considered together.

- Conversely, if there is concrete evidence of risk of persecution in the home country, or if new or intensified refugee grounds arose after arriving in Korea, such circumstances may be evaluated separately.

 

In practice, it is important to analyze both the ‘substance of the refugee grounds’ and the ‘circumstances and duration of the overstay’ to develop an appropriate strategy.

 

3. Relationship Between Granting G‑1‑5 and Fines for Overstay

 

Refugee application alone does not automatically result in the immediate granting of G‑1‑5 status, and there is a practical manual stating that if fines (administrative penalties) for the period of overstay have not been settled, G‑1 status cannot be granted.

If the fines cannot be paid, the person may remain only with the refugee application receipt and may not be granted G‑1‑5 status.

 

4. Change and Extension of Status to G‑1‑5 After Refugee Application

 

o Period of stay

- It is stipulated that refugee applicants (G‑1‑5) may be granted and extended periods of stay in units of 6 months to 1 year.

- The specific period is flexibly determined within the statutory maximum of 1 year, taking into account factors such as expected litigation periods and humanitarian reasons.

 

o Basic documentation

- Application form (Annexed Form No. 34), passport and alien registration card, standard‑size photo, and fee.

- Documents such as the refugee application receipt that ‘prove that the person is a refugee applicant.’

- Documents proving the place of residence, such as a lease contract, accommodation provision certificate, utility bill receipts, or residence confirmations issued by refugee support facilities, churches, or UNHCR.

 

Even when a refugee application is filed from an overstay situation, once the application is accepted, the practical flow is to build up this documentation framework and then obtain status grants and extensions step by step.

 

5. Employment After Refugee Application (Activities Outside the Authorized Status for G‑1‑5)

 

Even an applicant who has changed from overstayer to G‑1‑5 can, if certain conditions are met, obtain permission to engage in activities outside their authorized status (work permission) and work in the field of simple labor.

 

o Eligible applicants for work permission

- The basic rule applies to ‘persons for whom six months have elapsed since filing the application for refugee recognition.’

- If a refugee applicant supports a dependent with a disability or has other special circumstances, exceptional permission may be considered even before six months have elapsed.

 

o Restricted sectors

- Construction work (refugee applicants are not allowed to work in construction), gambling businesses, adult entertainment bars such as cabarets and nightclubs, sex‑oriented businesses that harm public morals, youth‑restricted venues, private tutoring, and similar sectors.

 

o Duration and procedure

- Work permission can be granted for up to one year within the existing period of stay.

- Applicants submit an application form, passport, alien registration card, fee, employment contract, copy of business registration certificate, and similar documents; if permission is granted, they are managed under the code E‑7‑H.

 

For refugee applicants with an overstay history, the risk becomes even greater if there is also a history of unauthorized employment, so it is essential to explain that ‘continuing to work without permission after applying, but before acquiring work approval, is quite risky.’

 

6. Key Points for Overstayers Considering a Refugee Application

 

o Existence of substantive refugee grounds

- The key issue is how concretely one can prove the risk of persecution by the home country’s government, organizations, or groups, past harm, and grounds such as membership in a minority group, political opinion, religion, gender, or sexual orientation.

 

o Clarifying the circumstances and duration of overstay

- It is necessary to organize when the person entered Korea, from when and why they became an overstayer, and what changes in circumstances occurred in the meantime.

 

o Understanding possible outcomes

- One must consider whether humanitarian stay (G‑1‑6) might be possible if refugee status is denied, what litigation strategy to adopt, and the possible departure and re‑entry restrictions if the application is refused and subsequent litigation fails.

 

7. How Administrative Agent Sungin Kim Can Help

 

o During preliminary consultation

- By comprehensively analyzing the current status of stay (length of overstay and details of violations), refugee grounds, and available evidence, it is possible to determine ‘whether a refugee application is appropriate or whether another stay strategy might be preferable.’

 

o Practical work for application and extension

- Assistance can be provided in drafting the refugee application and statements, organizing evidence, submitting applications for change/extension to G‑1‑5, and preparing documentation proving the place of residence.

 

o Subsequent stages

- Long‑term stay strategies can be developed that include work permission (activities outside the authorized status), possible conversion to humanitarian stay (G‑1‑6) if refugee status is denied, and family‑related statuses (G‑1‑99, G‑1‑12, etc.).

 

In conclusion, ‘overstayers can apply for refugee status in Korea,’ but doing so is not a magic key that solves all problems; if misused, it can actually increase the risks related to stay and penalties. It is safest to proceed step by step from the preliminary assessment stage together with a professional administrative agent experienced with refugee and G‑1 series statuses. end.