“‘Protecting the Stay of Refugee Applicants’ Children Born in Korea with the G‑1‑99 Visa’

 The ‘Other Reasons (G‑1‑99)’ visa, as the name suggests, is an ‘exceptional safety net’ used when a foreigner does not neatly fall under any other status of stay, yet there is a need to recognize their stay in Korea for humanitarian or administrative reasons. It is used especially often for minor children born in Korea to refugee applicants, and because it can also be linked to work permission, it is important to understand its structure accurately.

 

Position of the G‑1 ‘Other (G‑1‑99)’ Status of Stay

 

G‑1 is granted to people who do not fall under ordinary statuses of stay such as Diplomat (A‑1), Marriage Migrant (F‑6), Visit and Employment (H‑2), or Permanent Resident (F‑5), but whose stay is recognized by the Minister of Justice on humanitarian grounds or for 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), Humanitarian Stay Holders (G‑1‑6), Family of Deceased Persons (G‑1‑7), Pregnancy/Childbirth (G‑1‑9), Foreign Patients (G‑1‑10), Victims of Sexual Violence (G‑1‑11), and Family of Humanitarian Stay Holders (G‑1‑12). Cases that do not fall into any of these categories are taken in under ‘Other Reasons (G‑1‑99).’

 

In other words, G‑1‑99 can be seen as a ‘comprehensive and exceptional code’ used when a case does not clearly fit any other detailed G‑1 category but there is still a need to recognize the person’s stay on humanitarian grounds.

 

Representative Case: Minor Children Born in Korea to Refugee Applicants (G‑1‑99)

 

The guidelines specify that the representative target for G‑1‑99 is ‘minor children born in Korea to refugee applicants (G‑1‑5).’

 

o Eligibility requirements (all must be satisfied)

- The father or mother must be legally staying in Korea as a refugee applicant (G‑1‑5) (those merely granted an extension of departure deadline are excluded).

- The child must have been ‘born in Korea’ and must not have filed a refugee application.

- The child must be ‘under 17 years of age,’ and once the child files a refugee application, they are no longer eligible for G‑1‑99 and their status is corrected to G‑1‑5.

 

o Period of stay granted

- The period of stay is granted ‘up to the expiration date of the refugee applicant (G‑1‑5) concerned.’

- In other words, the child’s G‑1‑99 is structured to be extended in linkage with the parents’ extensions of stay.

 

o Required documents

- Application form (Annexed Form No. 34), passport* (in light of the nature of refugee applications, if there is no passport, a statement of reasons may substitute), one standard‑size ID photo, and the prescribed fee.

- Documents such as a birth certificate that can prove the parent‑child relationship and the child’s minority.

 

Because of this structure, G‑1‑99 is practically used as ‘almost the default option’ in initial stay strategies for children born in Korea to refugee applicants.

 

G‑1‑99 and the Scope of Work Permission (Activities Outside the Authorized Status)

 

Some holders of G‑1‑99 need to work in order to support themselves, so the guidelines include ‘persons falling under Other Reasons (G‑1‑99)’ among those eligible to receive permission to engage in activities outside their authorized status.

 

o Eligible for permission to engage in activities outside the authorized status

- Family members of persons who died due to accidents (G‑1‑7).

- Persons in need of humanitarian consideration such as victims of sexual violence (G‑1‑11).

- Persons falling under Other Reasons (G‑1‑99).

 

o Scope of permissible employment

- Employment in ‘simple labor’ is permitted, excluding restricted sectors such as gambling businesses, adult entertainment and drinking establishments, youth‑restricted venues, private tutoring, and other sex‑oriented or morally harmful businesses.

- If the person wishes to work in a professional field, they must satisfy the requirements for the relevant visa (such as E‑2) and undergo screening and documentation equivalent to those required of ordinary foreign residents.

 

o Duration of permission and procedure

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

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

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

 

However, since most refugee applicants’ children with G‑1‑99 status are minors, the focus is usually on ‘protection and education in conjunction with the parents’ stay’ rather than on employment.

 

Extension of the G‑1‑99 Period of Stay and Practical Points

 

o General principles for extension of stay

- A common rule applies to all G‑1 statuses: a maximum of one year may be granted at a time, and when extending, the authorities comprehensively review whether the grounds continue to exist and whether the place of residence is properly documented.

- In the case of G‑1‑99, if the refugee‑applicant parents’ period of stay is extended, the child’s G‑1‑99 can also be extended within that range.

 

o Common documents required for extension

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

- Documents proving the place of residence: lease contract, accommodation provision certificate, notices of impending expiration of stay, utility bill receipts, dormitory fee receipts, etc.

- Documents that can continue to confirm the parent‑child relationship and the child’s minority, if necessary.

 

o Practical points

- At the point when the child files a refugee application, they should be guided to correct their status from G‑1‑99 to ‘G‑1‑5,’ so it is important to design the refugee and stay strategies of the parents and children together.

- Within the same family, structures involving G‑1‑5 (parents), G‑1‑99 (child), and, further, Humanitarian Stay (G‑1‑6) and its family status (G‑1‑12) can become intertwined, so from a practical standpoint it is advantageous to draw an overall ‘stay map’ for the entire family unit.

 

How Administrative Attorney Seong-In Kim Can Help?

 

o Case assessment

- By comprehensively reviewing whether there is a refugee application, whether the child was born in Korea, the child’s age, and the parents’ status of stay, it is possible to determine whether G‑1‑99 is appropriate or whether another detailed G‑1 status would be more suitable.

 

o Structuring document packages

- Assistance can be provided to organize documents such as birth certificates and proof of parent‑child relationships, the passport or a statement of reasons in lieu thereof, proof of residence, and refugee‑related documents into a single, persuasive submission.

 

o Designing a long‑term stay strategy

- Taking into account the child’s growth, the progress of refugee screening and litigation, and the possibility of conversion to humanitarian stay, long‑term scenarios can be designed for movements among G‑1‑5, G‑1‑6, G‑1‑12, and G‑1‑99.

 

Because G‑1‑99 is a safety net created to accommodate ‘ambiguous cases that do not fall squarely under any specific provision,’ the ‘clarity of the grounds and persuasiveness of the documentation’ are all the more important. If the structure is set up together with a professional from the outset, complex family‑stay issues connected with refugee and humanitarian stay can be managed much more stably. end.