“Protecting Stay and Rights with the G‑1‑11 Visa for Foreign Victims of Sexual Violence

 Foreigners who have suffered sexual violence, domestic violence, or serious criminal harm need to remain in Korea for case processing and recovery, but it is difficult to protect them sufficiently with ordinary statuses of stay alone. In such cases, the humanitarian status of stay that can be used is the ‘G‑1‑11 Visa for Victims of Sexual Violence, etc.’

 

Overview of the G‑1‑11 Visa for Victims of Sexual Violence

 

G‑1 is an ‘Other (G‑1)’ status of stay that does not fall under general categories such as Diplomat (A‑1), Marriage Migrant (F‑6), Visit and Employment (H‑2), or Permanent Resident (F‑5), but is granted to persons whose stay is recognized on humanitarian grounds by the Minister of Justice. Among these, G‑1‑11 is a status for foreigners who, due to ‘sexual violence crimes, forced prostitution, habitual assault and abuse, or other serious criminal harm,’ are undergoing judicial trials, investigations by investigative authorities, or other civil or criminal remedies under the law.

 

In other words, it is a humanitarian visa that allows a victim to remain safely in Korea while receiving investigations, trials, and legal remedies based on the fact that they are a crime victim.

 

Eligibility Requirements and Period of Stay

 

o Eligible persons

- Foreigners residing in Korea who are undergoing remedy procedures for any of the following reasons:

· Victim of a sexual violence crime.

· Victim of forced prostitution or habitual assault and abuse.

· Victim of other similarly serious crimes for which judicial trials, investigations by investigative authorities, or other civil or criminal remedy procedures are in progress.

 

o Period of stay

- As a rule, a ‘one‑year period of stay’ is granted for G‑1‑11 status.

- If investigations, trials, or remedy procedures continue thereafter, or if the need to protect the victim is still considered substantial, extensions may be granted in one‑year increments (extensions follow the general extension rules applicable to all G‑1 statuses).

 

Because the purpose is to protect victims of crime, the key screening factors are the progress of the case and the safety of the victim, rather than a simple extension of stay.

 

Required Documents for Applying for G‑1‑11

 

For the Visa for Victims of Sexual Violence, the most important element is ‘proving that actual victimization occurred and that remedy procedures are ongoing.’

 

o Basic common documents

- Application form (Annexed Form No. 34).

- Passport, one standard‑size ID photo, and the application fee.

 

o Documents related to victimization and remedies

- Documents proving that legal remedy procedures are underway, such as litigation records.

· Examples in practice: receipts for filing a complaint, summons from investigative agencies, indictments or judgments, protection order decisions, and legal aid approval documents.

- The persuasiveness is increased if statements describing the violence or sexual violence, confirmation letters from counseling centers or support organizations, and medical certificates are submitted together.

 

o Other documents

- A letter of guarantee (if any).

- Documents proving the place of residence (such as a lease contract, accommodation provision certificate, notices of impending expiration of stay, utility bill receipts, or dormitory fee receipts) are commonly required in extension screenings for G‑1 statuses and should be prepared together.

 

Work Permission (Activities Outside the Authorized Status) under G‑1‑11 – Scope of Possibility

 

Because many victims need to work for their livelihood, holders of G‑1‑11 status can receive permission, within certain limits, to ‘engage in activities outside their authorized status’ for employment.

 

o Eligible for work permission

- ‘Persons in need of humanitarian consideration, such as victims of sexual violence (G‑1‑11),’ are classified as eligible for permission to engage in activities outside their authorized status, along with family members of deceased persons due to accidents (G‑1‑7) and those falling under other specific grounds (G‑1‑99).

 

o Scope of permissible employment

- Employment in simple labor is allowed, except in restricted sectors (such as gambling, adult entertainment and sex‑oriented businesses, youth‑restricted venues, and private tutoring, as specifically designated).

- If a victim wishes to work in a professional field (for example, in a particular licensed profession), they must meet the statutory requirements for that status (such as E‑2) and undergo screening equal to that of other foreign residents.

 

o Duration and procedure for permission

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

- Upon extension, any changes in employment are reviewed; if the workplace changes, a new permission for activities outside the authorized status must be obtained in advance.

- Required documents include: application form (Annexed Form No. 34), passport, alien registration card, application fee, employment contract, a copy of the business registration certificate, and documents proving relevant qualifications; once permission is granted, the immigration system records the code E‑7‑H.

 

Employment plays an important role in economic independence and recovery for victims, but it is essential to note that sectors such as adult entertainment and sex‑oriented businesses, where vulnerability can be exploited, are explicitly prohibited.

 

Extensions and Practical Points

 

o Extension of period of stay

- Although there is no separate provision dedicated solely to extensions of G‑1‑11, a common rule applies to all G‑1 statuses: ‘A maximum of one year may be granted at a time, and extensions are screened comprehensively based on whether the relevant grounds continue to exist and whether the place of residence is properly documented.’

- Therefore, if investigations or trials are ongoing, or if protection orders and victim‑protection measures remain in effect, documents proving these facts are crucial in extension screenings.

 

o Points to note when changing employment or residence

- After obtaining permission to engage in activities outside the authorized status, if the place of employment changes, a new permission ‘must be obtained in advance’; failure to do so may result in being treated as engaging in unauthorized employment and subject to penal measures.

- When changing place of residence, reporting the new address is also important so that immigration authorities can appropriately protect and monitor the victim.

 

How Administrative Attorney Seong–In Kim Can Help?

 

o Case assessment and selection of status

- By organizing the client’s current status of stay, the type of criminal victimization (sexual violence, domestic violence, human trafficking, etc.), and the progress of the investigation or trial, it is possible to assess the viability of obtaining G‑1‑11 status and to develop a strategy.

 

o Preparation of remedy and stay document packages

- Assistance can be provided on how to compile complaints, investigation records, trial documents, and confirmation letters from support organizations in a persuasive way to demonstrate that ‘remedy procedures are in progress,’ as well as how to prepare letters of guarantee, residence documents, and livelihood‑related documents together.

 

o Work permission and extension strategy

- Work permission (E‑7‑H) can be structured within a range of industries that do not endanger the victim’s safety, and one‑year extension strategies can be developed in accordance with the progress of investigations and trials.

 

For foreign victims of sexual violence, issues of stay are not merely visa problems but a sensitive area where ‘protection, recovery, and legal remedies’ are intertwined. From the earliest stage, it is crucial to consult with a professional administrative attorney to create a framework that both secures safe stay and enables investigations and trials to be carried through. end.